Old Bailey Proceedings.
11th September 1782
Reference Number: 17820911

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Old Bailey Proceedings front matter.
11th September 1782
Reference Numberf17820911-1

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 11th of SEPTEMBER, 1782, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Hon. Sir William Plomer , Knt. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER VII. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by Him, No. 35, Chancery Lane, (near Cursitor's Street) and by S. BLADON No. 13, Pater-noster Row.

MDCCLXXXII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable Sir WILLIAM PLOMER , Knt. LORD MAYOR of the City of London; The Hon. Sir WILLIAM HENRY ASHHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; The Hon. HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Hon. BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Esq; Serjeant at Law, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Condor

Thomas Searcroft

John Lovell

John Bowman

Charles Hougham

Christopher Wright

John Cooper

John Morris

Richard Stanler

John Bracewell

William Howard

William Brown

First Middlesex Jury.

George Seaward

Thomas Preston

Richard Reader

John Ives

Samuel Jackman

James Williams

Richard Mumby

James Morley Evans

John Dowfoot

Thomas Dawes

Arthur Betley

Henry Turner

Second Middlesex Jury.

James Shovell

David Stoddart

Benjamin Clarkson

Henry Slack

David Carnley

Thomas Lee

George Ragsdale

William Robertson

Hugh Jones

William Batt

William Alsop

Thomas Finney

PETER DOUGLAS.
11th September 1782
Reference Numbert17820911-1
VerdictNot Guilty > no prosecutor

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483. PETER DOUGLAS was indicted for stealing upon the 13th of March last, two live hens, value 2 s. and one live cock, value 1 s. the goods of William Westbrook .

Acquitted for want of Prosecution .

CHARLES KELLY, PETER VERRIER, JOHN CANTRELL.
11th September 1782
Reference Numbert17820911-2
VerdictGuilty > lesser offence; Not Guilty
SentenceDeath

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484. CHARLES KELLY , PETER VERRIER , and JOHN CANTRELL , were indicted for burglariously breaking and entering the dwelling house of Elizabeth Pollard , widow, on the 2d of July last, in the night time, and stealing eight damask table cloths value 2 l. six linen shifts value 6 s. a sattin counterpane value 10 s. a sattin

gown, trimmed with ermine value 1 l. a flowered silk gown value 10 s. and nine china dishes value 9 s. the goods of the said Elizabeth .

ELIZABETH POLLARD sworn.

I live in Great Queen-Street . I was at my country house, I fastened my house in town myself when I went into the country; when I came back I found a vast many things missing, I lost the things in the indictment and ten times more; besides a prodigious deal of things of my daughter's. I kept the key all the time in the country myself.

Counsel for PRISONERS.

What servants were you accustomed to keep in the house when you were in town? - A maid and a boy, but had none then, I was in the country six or seven months.

Then it was six or seven months before this time that you fastened the door? - Yes; it was, or more; I believe it was eight months.

There were a great many other things taken from your town house besides those that you have now mentioned? - Yes; my daughter had a room full of plate; every box, every drawer were broke open, and the papers all about the ground; there was nothing left but tables and chairs.

FRANCIS SURGAR sworn.

I was the watchman belonging to that beat, but not on that night; I examined that house about four months before, I did not examine it the night of the robbery, I thought it had been an empty house.

THOMAS MORGAN sworn.

I am a supernumerary in Great Queen-street; I went first into Mrs. Pollard's house, I was informed there was a robbery the night before when I came to the door, the door was fast; I got the key at the Hercules Pillars and went in; we saw a light wavering about, and thought there must be something going forwards. I saw the prisoners Kelly and Verrier, they were coming down with a knife naked against me, Kelly had the knife; I escaped behind Kelly, and laid hold of him, he got from me, but we took him at the door, knife frightened me; we took them to watch-house, they were neither of them of my sight till they were secured.

JOHN EDWARDS sworn.

I am servant to Mr. Sherridan. I went to Mrs. Pollard's house, I was informed people were in the house, I saw the light, the door was fast, a little while after my friend found the door open and called the watch; the watchman Morgan went in first, then we went in after him; and the prisoner Kelly with a knife ran out, I wrenched the knife out of his hand: we searched the house, the beds, and every thing laid about. I saw nothing packed up; in the back kitchen I saw the prisoner Cantrell, he resigned himself; we took Kelly into custody, Verrier was in custody when I came up stairs.

JOHN GRAY , sworn.

I have a place under Mr. Sherridan at the Opera House. I went to the house with Mr. Edwards and found the door was open, the watchman went in, as soon as ever he got half way along the passage I saw two people, the prisoners Kelly and Verrier stand, Kelly struck at the watchman with a knife, then he rushed past, I seized him and cut him all down the cheek, in the time Verrier ran by, the mob secured him, my friend Edwards struck at him twice, I kept him fast by the wrist, the knife dropt, I picked it up; I have it here (the knife produced, a large carving knife; and some keys.) The keys were found on Cantrell, one of them opens the house door, it is a pick-lock key; Kelly bled very much.

Counsel for PRISONERS.

You found the door open? - I saw Kelly within about three yards of the doorway.

JOHN TUCKER sworn.

I went into Mrs. Pollard's house after the watchman, when I was about half-way

Kelly rushed by him, he made a push at me and cut me under the eye; I could not tell what instrument it was that he stabbed me with then, but after I saw the knife when the prisoner was taken; and he said damn my eyes and limbs make way. I saw no more; my wound bled so I was fearful of the consequence.

JOSEPH STONE sworn.

I was going down Queen-street, I saw a crowd They said there were thieves in the house, a young man brought some weapons; I was going in with another man; I heard a say and the prisoner Verrier came ing against my shoulder, I said damn and, if you move another inch I will run you thro'; we immediately pulled him off the steps of the door, and I stood over him with a sword: he said gentlemen do not use me ill, I will surrender to you, you shall tie my hands; I immediately took him to the watch-house.

EDWARD STANTON sworn.

I assisted in taking Kelly; I saw no others.

THOMAS TIBBS sworn.

I was constable of the night; when he was brought to the watch-house I found the dark lanthorn, (produced.)

Court. What time of night was this? - About eleven o'clock.

JERE FLACK sworn.

I am a watchman in Drury-lane; I was sent for, and searched the house, and I took Cantrell, I found ten guineas and nine shillings, and a tortoise-shell watch on him, I gave it to the constable of the night, I took him to the round-house.

Counsel for PRISONERS.

No goods of any kind were found on these people ? - No.

The goods in the house were all in confusion? - Yes

WILLIAM PRICE sworn.

I am Captain Lewin 's servant, son-in-law to Mrs. Pollard; (looks at the knife) it is my master's property, my mistress is there; this was left in the house. This knife was packed up in a deal box with preserves and pickles and other things, I pack'd it up myself.

Question to Mrs. Pollard. What may be the value of the things you lost that night? - The table cloths value 2 l. the shifts value 6 s.

What were they worth? - I would not take 5 l. if I was to say 10 l. I should not say too much.

PRISONER VERRIER's DEFENCE.

On the 2d of July I went from my own house at Lambeth to Sadler's Wells, I saw a great crowd, I asked what was the matter, I was told there were thieves; I went to the door, and was forced into the passage; endeavouring to extricate myself I made a kind of attempt to get through the mob, I was seized by Mr. Stone, he laid hold of me, and said I suspect you: I said you are wrong; he said have you got any weapons about you?; I said no. I made no resistance, he took me out into the highway, he laid me on my back: they took me to the watch-house and searched me, they all know it. My watch was taken from me and 5 s. 6 d. in money; the watch was advertised, and the watch and money was restored to me; I keep a house in Lambeth Marsh: I have witnesses.

KELLY's DEFENCE.

I went to sup with a friend near the foot of Black-fryars-Bridge. I was accosted in Lincolns-inn-fields coming home, by a well-dressed woman, she asked me to give her a glass of wine, I refused to go into any house, she said she knew of an uninhabited house which she could introduce me to. She went up to the door as if with intent to open it, she bid me enter; in a few seconds there was a loud rap at the door, I turned round, thinking it was the woman; I was immediately attacked by a number of persons, one gave me a violent cut in my face, I seized hold of his hand, and wrenched a knife or some weapon out of his hand, which was taken out of my hand, I remained insensible.

PRISONER CANTRELL.

On the 2d of July I had been spending the evening along with one Mr. Watkins, at Sir Watkin William Wynne's head, in Exeter-street. I live in Gray's-inn-lane, coming home there was a crowd, I enquired the reason, and they said there was thieves in the house; being in liquor, I said I would go in, my friend advised me not; I went in with the crowd, going into the kitchen, they laid hold of me, and said I was one of the persons. I said I was an innocent man, but I would make no resistance; my father has a place of 500 l. a year under the King; I am a hosier, but keep no shop, I have orders from the nobility.

For the prisoner Verrier.

TOBIAS WILDBORE sworn.

I am a tobacconist, and cut tobacco, I had been to the Blue Bear, Long-acre, on the 2d of July with some tobacco, my wife was with me; coming home by the Devil's Gap, I met the prisoner Verrier, whom I knew when he was an apprentice. He asked me where I lived, in the interim a noise was made and I lost him. I have known him 14 years. I did not go into the house.

( The Prisoner Verrier called two more witnesses to his character.)

For the prisoner Cantrell.

WATKINS sworn.

I was with him on the 2d of July last, at Sir Watkin William Wynne's head, in Exeter-street, he came home with me at 11 o'clock; coming along Great Queen-street, there was a great croud, they said a house had been broke open; Cantrell said he would go in, I advised him not, but he rushed in. I thought I had no business in such a precarious place.

Jury. How long had you been with him that evening? - From 6 till 11, and he never was out of my company.

Jury. Did you see him go in? - Yes; -

What are you?

(The prisoner Cantrell other witnesses, who gave him a very good character.)

Court to Edwards. Had you been up stairs before you went into the kitchen? - Yes; my Lord.

Court to Stone. Did you see Kelly come out? - No; my Lord.

Was it before or after Kelly was taken that Verrier came out? - Kelly was taken in the passage, at the instant that Verrier came out.

Acquitted of the burglary, but GUILTY of the felony .

KELLY, VERRIER,

Death .

CANTRELL, not Guilty .

Tried by the First Middlesex Jury, before Mr. JUSTICE ASHHURST.

SUSANNAH RACCOULT.
11th September 1782
Reference Numbert17820911-3
VerdictGuilty > with recommendation
SentenceCorporal > private whipping

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485. SUSANNAH RACCOULT stands indicted for stealing on the 12th of December last one cotton gown, value 15 s. one petticoat, value 5 s. one shift, value 2 s. one silk handkerchief, value 2 s. the goods of Sarah Putt .

SARAH PUTT sworn.

I live in St. Martin's-court ; I am a servant to Mrs. Brailsford. I lost a gown and coat, and several other little articles, a shift and silk handkerchief, they were in a two-pair of stairs back room; they were pawned by the prisoner. I do not know the prisoner. She came about the house, my master and mistress knew her; I never saw her before to my recollection, it was on the 12th of December.

THOMAS SHIPLEY sworn.

On the 12th of December the prisoner brought a gown and petticoat, and pledged them for 16 s. I never saw her before at that house; I have seen her before at another shop.

(The things produced by the prosecutrix, deposed to by Shipley.)

To Mrs. Putt. Are the things yours? - Yes; they were in my room the day before.

Prisoner. I never pawned any thing at Mr. Shipley's in my life; I never was in the shop in my life.

To Shipley. Are you positive to her? - Yes, Sir.

From prisoner. Was it day or night? - In the evening.

Prisoner. You have taken a very false oath, that Lady has at least.

Serah Putt. My Lord, she went to the pawn-broker's with me, and fetched the things herself, her and the constable went together.

PRISONER's DEFENCE.

Gentlemen, the person that took these things I met by chance, who went into Mr. Shipley's, I suppose to pawn them; afterwards I knew whose they were, on account of a relation of mine who sent for me, and begged if I knew any thing about it, nobody should hurt me; and Mrs. Brailsford said she would not hurt me; they asked me to advance the money. I have suffered three months imprisonment, was here last sessions, and was not tried; have two fatherless children: as to saying I pawned them, I did not.

GUILTY , on the recommendation of the Jury, ordered to be privately whipped and discharged.

Tried by the First Middlesex Jury, before Mr. BARON HOTHAM .

WILLIAM ODOM.
11th September 1782
Reference Numbert17820911-4
VerdictGuilty
SentenceDeath

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486. WILLIAM ODOM was indicted for feloniously assaulting Elizabeth, the wife of John Burrill , in a certain field near the Spa Fields , on the King's highway, on the 5th of August last; putting her in corporal fear and danger of her life, and taking from her person and against her will eight shillings and sixpence in monies numbered, the monies of the said John .

ELIZABETH BURRILL sworn.

On the 5th of August, at ten o'clock in the morning the prisoner came up to me in Spa Fields and demanded my purse, I was exceedingly terrified; he said, your purse. I said, what did you say? He said, damn you, your money, or you are a dead woman, and he presented a knife to my breast; he told me to make haste, for he would have my money, or I should be a dead woman, I put my hand into my pocket where the silver was, and by the agitation I was in, some of it fell into my pocket again; he immediately then put his hand into my pocket, and took out the silver that remained; he wanted my ring from my finger; he swore I had rings on; and I said, I have not; he said, if I did not give it him, he would cut it off: he immediately left me. I do not know which way he went; some persons came up, and I was carried into a house, I am very sure he is the man.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the jury, as to what the lady has said against me is intirely false; at the same time I was in my own room at work. I am a watchmaker, and always got my bread by work. I submit whether a man must not be out of his senses, to rob at that time; I am as innocent as the Lord in heaven.

Court to Prosecutrix. Was any person going across the fields? - No, Sir; it was in the middle of the week, the clock just struck ten.

Court to Prisoner. Have you any witnesses? - I should have had one; but it pleased God to take that witness away.

Court to Prosecutrix. How soon after was it the prisoner was taken? - A week after, I recollected him immediately.

GUILTY ( Death .

Tried by the First Middlesex Jury, before Mr. BARON HOTHAM .

PETER AIREY, JAMES DAVIS.
11th September 1782
Reference Numbert17820911-5
VerdictGuilty
SentenceDeath

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487. PETER AIREY and JAMES DAVIS were indicted, for that they on the King's

highway in and upon Henry Kitchen , Esq ; feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silk purse and three guineas, this monies. They were also, indicted for assaulting William Allen , Esq; at the same time and place, and taking from his person one gold watch, value 10 l. a steel chain, two steel seals, and 16 s. in monies numbered, his property. Also for assaulting William Rainstead , Esq; at the same time and place, and taking from his person a gold watch, value 10 l. a steel watch-chain, value 1 s. and half a guinea, half a crown, and 9 d. in monies numbered, his monies , August 24 .

WILLIAM ALLEN sworn.

On the 24th of August last, I was robbed by the prisoner at the bar, in a street called Reynard-street, near Crouch-end, Hornsey ; in the afternoon of that day Mr. Alderman Kitchen did me the favour to call on me with a gentleman, and we took a ride in the Alderman's coach to Hornsey; the Alderman has a little farm there, he had been at the farm and found it necessary to go a little further to make an enquiry; we went to the bottom of Muswell-hill, the Alderman left us for a few minutes, on our return to Hornsey through Reynard-street, two persons passed the carriage one on each side on horse-back; I set with my face to the horses from 6, to half past 6 o'clock; as they passed, I suggested my thoughts that they were highway men, and immediately turned about and put up the flap at the back of the coach, to see if they were turned round or not. Says the Alderman, can you see them, I said no; Harry is in the way, that was his servant: the coach was immediately ordered to stop, and one came on my side, which was the prisoner Davis, he demanded my watch, money, and pocket-book, used some illiberal language. The other who calls himself Peter Airey , was on the other side, I was much alarmed, I gave Davis my purse, containing 16 s. in silver; as I took my purse out, I meant to have taken care of my watch, but dropped it by the side of me. I satisfied the prisoner, who calls himself Davis, that I had no watch or pocket-book, and that I had given all my money; from which period to the time of their leaving us, Davis behaved exceedingly well. I think it my duty to state every circumstance; they had each pistols, but I was not under the least degree of apprehension from the prisoner Davis, his behaviour was exceedingly proper under such circumstances; after I had given my purse to Davis, Airey was exceedingly outrageous, he had robbed the Alderman of three guineas, and the other gentleman of about 14 s. he put his hand in to search the Alderman, and made use of a very improper expression; he put his hand upon the Alderman's thigh, and said he had more money; he said it was only a penny, or three halfpence; he behaved in a very unbecoming manner indeed, saying he would blow our brains out, blasting us, demanding our pocket-books and watches, I believe he saw my watch, he blasted, me, with his pistol in his hand, and put his head a little further into the coach, and he took my gold watch.

Prisoner. I wish to ask Mr. Allen what information he gave to Bow-street when he was first robbed? - We gave information to Bow-street that we thought

'the prisoners

'short people, they might stand on the

'step of the coach or not, we described one

'as a dark man, and about 25 or 26 years of

'age, they were both as much exposed as any

'of the gentlemen here, Davis put up a

'white cravat to his mouth, it was down in a minute, the other with a silk handkerchief the same, it was impossible to mistake them considering the length of time they were with us, they were differently dressed at the justices but I had no difficulty about them, it is is very disagreeable to me to be under the necessity of prosecuting, I did not swear to them on Monday because it was agreed we should all attend together.

ALDERMAN KITCHEN sworn.

Was you in company with Mr. Allen at the time of this robbery? - I was my Lord, but Mr. Allen has related it so very particularly

I do not think any thing can be added to it, I am sure the prisoner is the man, but I cannot be so positive to Davis, as to Airey I never heard such a number of oaths in my life, I gave him three guineas, I asked him to return me one, he would not, he then seized my pocket, says he, damn me why did you not give me all, that was only three bad halfpence, I cannot swear to the other man, the other man leaned quite over me.

- RAINSTEAD Esq; sworn.

I was in company at the same time, the prisoners at the bar are the men that committed the robbery, I have sworn to them, I am sure of it.

JOHN CAIN sworn.

I am servant to Mr. Alderman Kitchen, as coachman, Davis is the man that took the purse from Mr. Allen, I think the other is the man that had Mr. Allen's watch to the best of my knowledge.

HENRY RAWLINSON sworn.

I am footman to Mr. Alderman Kitchen, I was present, James Davis I am quite sure is one of the men, the other I cannot say any thing to.

PRISONER AIREY's DEFENCE.

I mean my Lord to prove an alibi; where I was at the time the robbery was committed.

THOMAS MORRIS sworn.

I am a painter, I live at the corner of Moor-fields, on the 24th of August I had some particular business at Marybone, a contract on lamp irons in my business, I staid there till near three o'clock in the afternoon, from thence I went to Westminster, being far from home I dined there at a house in King's street, after I had dined, I then went to James Airey 's house (the prisoner's brother) he was with me at Marybone, he met me in the morning about twelve, he was with me all the time he dined with me about four o'clock in the afternoon; it was three when we left: when we got to his house it was five: when we had staid there some little time, the prisoner Peter Airey came into the house, it was James Airey 's house it is in Gardiner's-alley Lambeth-marsh, the prisoner came there about five o'clock, he asked his brother how he did, he said he could not stay, he had some gentlemen to meet, he staid about ten minutes; he had his slippers on and no buckles in his shoes, he was quite dirty and in a dishabille then it was near six, I went to the sun, the prisoner came out of the Rose and called after James, when I came back I saw the prisoner, then it was pretty nigh seven, he went to his hair-dresser's Mr. Scott, I left him in the shop.

Court. How are you so sure as to the day? - Because of the contract which I put in for that day, but did not get it.

James Airey confirmed the above account, and said he was to be employed by the last witness if he got the job, to carry ladders for him, and remembers the day, because on the Monday following the prisoner was taken up, he said the last witness was his cousin.

Henry Smallwood confirmed the above account, as he met the prisoner by appointment about seven o'clock at Vauxhall turnpike, the prisoner called after him, he went to the sun till the prisoner's hair was dressed, and about half past seven the prisoner came to him.

Mr. Scott the hair dresser confirmed the above account.

PRISONER DAVIS's DEFENCE.

I am deprived of bringing any witnesses, two thief takers having taken all my money and clothes, the justice desired me to mention this, I throw myself upon your mercy.

AIREY GUILTY , DAVIS GUILTY,

Death .

Tried by the First Middlesex Jury, before Mr. Justice ASHHURST.

JAMES MESSENGER.
11th September 1782
Reference Numbert17820911-6
VerdictGuilty
SentenceDeath

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JAMES MESSENGER was indicted for feloniously and burglariously breaking

and entering the house of Bridget Hollingshead , spinster, at the hour of two in the night, and stealing therein a silver table spoon, value 10 s. a pair of linen sheets, value 10 s. and a muslin apron, value 2 s. the goods of the said Bridget , August 7th .

MARY SUTHERLAND sworn.

I live with Mrs. Hollingshead in Margaret-street Westmister , on Wednesday; 7th August her house was broke open, I was the last person up in the house, the doors a