Old Bailey Proceedings.
30th April 1783
Reference Number: 17830430

ActionsCite this text | Print-friendly version | Report an error
Old Bailey Proceedings front matter.
30th April 1783
Reference Numberf17830430-1

Related Material
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 30th of APRIL, 1783, and the following Days,

Being the FOURTH SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER IV. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIII.

[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 NATHANIEL NEWNHAM , Esq; LORD MAYOR of the City of London; The Hon. Sir GEORGE NARES , Knt, one of the Justices of his Majesty's Court of Common Pleas; The Hon. Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; The Hon. JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City; 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.

First London Jury.

William Felton

Thomas Atterbury

Simon Earle

William Hoare

William Simpson

William Sewell

Joseph Aldin

Samuel Austin

John Addison

Joseph Wilson

Benjamin Shone

William Giles

Second London Jury.

Robert Grubb

Henry Hardy

James Springall

Samuel Thatcher

Enos John Penneger

John Blandy

Windham Knatchbull

William Cogger

Thomas West

William Curling

Robert Edmeads

Edward Good

First Middlesex Jury.

Avery Vokins

James Wilson

John Poole

James Eves

John Butler

Francis Wright

William Gilleroy

Thomas Burt

Thomas Sanders

Thomas Hunt

John Johnson

George Twigg

Second Middlesex Jury.

John Cartwright *

* John Johnson served sometime on this Jury, in the room of John Cartwright .

John Young

John Burne

William Scott

Jeremiah Church

George White

John Cowey

Alexander Lowe

Joseph Staton

Richard Cust

Henry Doughty

Henry Nash +

+ Henry Wilson served part of the first day, in the room of Henry Nash .

RICHARD JENNINGS.
30th April 1783
Reference Numbert17830430-1
VerdictNot Guilty > no prosecutor

Related Material

247. RICHARD JENNINGS was indicted for feloniously stealing on the 28th of December , six weather sheep, value 6 l. the goods of Bright Hemming .

The Prosecutor not appearing the prisoner was ACQUITTED .

WILLIAM NASH.
30th April 1783
Reference Numbert17830430-2
VerdictNot Guilty

Related Material

248. WILLIAM NASH was indicted for feloniously stealing on the 5th day of February last, two hundred gallons of beer called porter, value 6 l. the goods of Thomas Buzzard , in the dwelling-house of William Nash .

JEREMIAH HART sworn.

Do you know Mr. Whitbread? - Yes, he is a porter brewer.

What is the prisoner? - I do not know.

Where does he live? - In Laystall-street ,

Mr. Whitbread had a store cellar there, I do not know what number of butts he had.

What do you know of the losing of beer? - Only I went to examine a stair-case of the dwelling-house of the prisoner, and I found the first stair would take up and down, which was very evident, because it caused a friction; at the other end there was a piece of a ledge lay, and this stair used to draw away, and two new nails were put in which had been lately done to take in and out, the first raiser and first step would come up together; somebody had frequently been down, therefore the edge of the butt, and the very hoop was polished bright, by rubbing upon the edge of the cask, which was under that part of the stair-case.

Court. Was there room for a man to go down after the step that was loose was taken out? - Yes, a man bigger than me went down after it was taken out.

What does the family of the prisoner consist of? - I know nothing of his family, I saw him at the house when I went to examine the stair, that was the first time, I said nothing to him.

Prisoner's Council. You know nothing at all of the beer in the cellar? - I know there was beer there.

Do you know there were butts there, you cannot tell how long this step and raiser had been before it was removed? - No.

It might have been eight or nine months? - No, Sir, not as long as that, there had been two fresh nails in.

You mean there had been nails put in since the stairs had been first built? - Yes.

But how long they had been there you cannot say? - No.

They might have been there eight or nine months? - No, not two months.

Can you swear they might have been there only two months? - They might or might not.

JOSEPH JACKSON sworn.

I am clerk to Samuel Whitbread , Esq. this is a double cellar, in one there is about twenty butts, and the other about thirty; I know the prisoner, he lived in the house over the the store cellar.

Has he any lodgers? - None at all.

Any servants? - Nobody in the house but his wife and child.

What observation did you make about this way into the cellar? - I went in with the cooper, and we examined the cellar, and found a board that had been frequently rubbed, and it was rubbed quite bright, by frequently moving, and there had been a communication from the house down to the butts, and all the butts there were part drawn off.

What quantity of beer was taken from each? - From some a barrel, some more and some less.

Upon the whole how much? - Two hundred gallons, there had been water put in, but it did not incorporate with the beer. (A vial of water produced.) This is the top of the butt; (another vial produced with water and beer, and a third with porter.)

That was not the colour of it, when it was put in? - No; if it had been started with water in it, it would have all mixed together.

Whose beer was it? - It was the property of Thomas Buzzard , it was in our care and and cellar, but we have a rule of starting beer, and charging it to our customer, though he do not pay for it till it is carried to his own house.

Court. You carry beer out from your brew-house to particular cellars, and appropriate that to particular customers, suppose it is not sent into their house, are they liable to pay for it? - I believe they are.

Why do you believe that, did you ever know an instance of it? - No.

The customer assents to that charge? - Yes, and it is entered in his books, as well as ours.

Prisoner's Council. I think you said Mr. Jackson, that this was Mr. Whitbread's beer? - It is the property of Thomas Buzzard . It is in our care till we deliver it to Mr. Buzzard.

You was saying that if the beer had been started and put in that cellar with the water in it, it would have all mixed together, how do you prove that, will not the heaviest body sink to the bottom, is it not a general

rule without exception for bodies of the greatest gravity to sink to the bottom?

Council for the Prosecution. Do you think the beer is heavier than the water? - Water is the heaviest a considerable deal.

Court to Mr. Jackson. Do you happen to know from any experiment with respect to beer in particular whether water is the heaviest or beer? - Water.

Council for the Prisoner. Have you ever tried the difference? - I have, every but that this beer was in was bored.

Do you know by your own knowledge that this cellar door was open or not? - I was informed by one of our people, that it was once open.

Court. How long had this beer been in that store cellar? - About ten or eleven months.

Had the prisoner lived in the house all that time? - Yes, he had.

How do you happen to know what his family consists of? - When I went to search the house, I found nobody in the house but his wife and child, every room in the house was empty except the ground floor.

Had you ever any conversation with the prisoner himself, about this step or stair? - No.

I think you said that you observed the step moveable, so as to make a communication between the house, and the cellar? - The chain hoop of the butt that stood under the stairs was polished very bright, and between the cellar door, and the place where the cellar was locked, there was a girder that run under the cellar, and it was impossible for any man to get into the cellar without rubbing against it, and all the cobwebs were brushed off from the stair-case.

From drawing off the water at the top of the casks, could you form any judgment of the quantity of beer that had been drawn off? - When we came to the beer that had been separated from the water, we estimated it about two butts, or two hundred gallons.

What may the value of that be? - About six or eight pounds.

Did you try the tops of those butts, that stood nearest the cellar door? - All of them.

PRISONER's DEFENCE.

Mr. Jackson was not at my house till three or four days after, when the others had done what they pleased.

Prisoner's Council. I have witnesses to shew that the cellar door was open.

ELIZABETH MORGAN sworn.

I know the prisoner, I never observed a cellar door in his house but one next the street; I have observed that open several times, I cannot say when it was open the first time, but I have seen it open before Christmas.

Do you live in that neighbourhood? - I do not, I serve the prisoner with meat and butter, I was frequently at the house, his child was very bad, and out of gratitude, I sat up with the child, and I have seen the cellar door open night and day, when sent out at a eleven o'clock at night to get a bit of stake for our supper, and to fetch beer.

Council for the Prosecution. How many times have you seen it open? - Many times.

Did you ever go down? - I did not look down.

Not even look down? - No.

Did you tell the prisoner? - Yes.

You did not tell Mr. Whitbread? - No, Sir, I did not know him.

Did you tell the watchman? - I did not know any thing of any watchman.

Court. You say you saw this often open both night and day, for weeks together? - I saw a hasp on it, but I never saw a lock to it.

I think you was describing it as open? - It was flapping to and again.

Both night and day? - Yes.

As far as you saw it, it was always open, you never found it shut? - I never looked to see whether it was shut.

But you looked to see whether it was not shut? - I pushed by it, then it must be open.

As far as you observed, it was always open? - I shoved by it, but I did not know whether it was open or shut, but when I shoved by it, it must be open.

Did it open outwards or inwards? - Towards the street.

It stood open night and day? - I have seen

it open every time, I have gone by with my load several times.

As far as you observed it, it was always open? - It was not my business to see, but when it was open I shunned by it.

Court. What you was afraid to push it to? - I had no right to shut it.

Court to Mr. Jackson. What sort of a door is this? - There is a flap and a door, the same as a house door, it opens outwards.

Was it open night and day? - The lock was off, but no great while; and during that time there was a nail put in it, as soon as I heard it was open, and that there was no lock upon it, I sent a lock.

Do you know how long that was the case? - I do not.

Court. Was there no way down from the door to get at these things, but where this was moved? - There is a wall all round the cellar, there was no other way to come to it but where the step was moved, and from the street door.

MARGARET ANTHONY sworn.

I know the prisoner, there came a man one night, and opened the cellar door, we lived right facing the prisoner, and the door used to flap backward and forward, frequently with the wind in the night; and when there was a piece of work about the houses where we lived, and the right heir came, we were obliged to move; somebody came and opened the lock, and I told the prisoner that there was a man had unlocked the padlock, and left it hanging in the staple, says I, I will call Stop thief! he said it was nothing to me; this was after Nash had been taken up, and bailed; I desired to have a lock put on, and then they fetched the landlord Mr. Clarke, and he put on a small lock, like the lock of a sugar cannister.

JOHN POOLE sworn.

I am a carpenter, I saw the step after they had knocked the step up, they had broke part of it.

Can you say whether that step had opened from the top side or the bottom side only? To the best of my knowledge, that step had not been opened for some time.

Five or six months? - It did not appear to me as if it had been opened, only by their knocking it up.

Was there any visible marks of that step having been wrenched up from the other side? - No.

Could that have been forced up from the other side? - It did not appear.

Could it have been taken up without the mark of a chissel? - Not that I know of. I have known the prisoner two years, a very honest sober just man as ever I knew, he is a bricklayer and plaisterer, and works hard for his living.

Court to Mr. Poole. When did you see this step? - Just after these gentlemen had knocked it up, it was fresh broke by their knocking it up.

Who told you it was by their breaking it up? - So the prisoner's wife told me.

Court. Suppose it had been made loose on purpose, and nails put in loose, would a chissel have been necessary? - They was not nails that was moveable for that use. I took notice of the step when I looked it over.

(The step produced.)

Court. How came it fresh broken? - The bit was out before I had any thing to do with it, I did not take it up at first.

Mr. Jackson. I was at the taking it up, I was within the house, and our cooper was below, and he pushed it in, but whether that bit was slipped off by this na il or no, I cannot say.

Court. Then that nail was so fast as to break out that bit of wood? - It all came together, the whole step.

Court. The whole step, the upright, and the horizontal? - Yes.

The prisoner called five more witnesses who all gave him a very good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

WILLIAM COOLEDGE.
30th April 1783
Reference Numbert17830430-3
VerdictGuilty > lesser offence
SentenceTransportation

Related Material

249. WILLIAM COOLEDGE was indicted for burglariously breaking and entering

into the dwelling-house of the Right Hon. Jeffery Lord Amherst, on the 15th of April instant, and stealing therein one cloth great coat, called a box coat, value 40 s. and one other cloth coat, value 30 s. the goods of the said Jeffery Lord Amherst .

RICHARD GROOMBRIDGE sworn.

I am second coachman to Lord Amherst, I missed two great coats, a box coat, and a surtout coat, in the evening of the 15th of April, when I went to bed; one was my fellow servant's coat, and the other was mine, one hung up in the room on a peg, and the other laid on the bed; there are two beds in the room, I sleep over the stable, I cannot say who stole the coats, I went to bed at eleven, I had been in the room at three in the afternoon and the coats were there then.

Court. I suppose the room in the day time is not locked? - Yes.

How many keys are there? - Two keys.

Who keeps these two keys? - My fellow servant's key is hung up in the stable, and the other I had in my pocket.

What other servants sleep in the same room? - My other fellow servant, the first coachman.

Any body else? - Only we two.

Are there any helpers in the stables? - No, sir, all done by us two.

Where was your fellow servant that day? - He was in the country with my Lord.

Was your stable door locked or not locked? - Locked to the best of my knowledge, I had usually locked it.

Can you say whether the door was locked when you came home at night? - To the best of my knowledge it was locked, I put in the key as usual, my room door was not locked.

Do you know who stole these coats? - I am innocent of the affair, I was discharged from the Compter but was turned away partly through this affair, though I was going to leave his Lordship's service.

JOHN WILLIAMSON sworn.

I live in Prince's-street, St. James's, I am my Lord's taylor, I made these coats.

DENNIS M'DONALD sworn.

About a quarter before ten I was going home by the Seven Dials, and I saw the prisoner at the bar in Earl-Street, going with this bundle, I asked him what he had there, and he threw it down and ran away, and this young man ran after him and brought him back; another man who was with the prisoner, threw down the other coat that was in a bundle tied up, I took up the other bundle also; these are the same coats.

(The coats deposed to by Mr. Williamson.)

JAMES LAYLOCK sworn.

Macdonald and I was coming out of a public house, and the prisoner at the bar and another was going by; Macdonald said to me lay hold of that fellow, and he threw down the bundle and ran away about 26 yards; I ran after him and caught hold of him, I asked him what he had in the bundle, he said a great coat; I asked him whose it was, he said his own, he never was out of my sight.

PRISONER's DEFENCE.

I had been at work all day, I am a shoemaker, an apprentice, and my father was dying, and my master gave me leave to go and see him, and as I was going to Compton-street, from St. James's, there was a Gentleman's servant standing in a silver-lac'd hat, with these two bundles, and he said to me, my boy says he, carry these down Monmouth-street, and I will give you two-pence, I said I was not going to Monmouth-street, he threw down the bundle and ran away, if I had ran away first, you know gentlemen they would have caught him; I have my master at the door.

JOHN MOORE sworn.

The prisoner went from my house about half after nine, and I wanted him to stay longer at work, and he said he would go down and see his father who was very ill, I am a shoe-maker, the prisoner works with me in Peter-street, he is my apprentice, he is about nineteen, he had been at work all that day, till half after nine at night.

MARY PALMER sworn.

I am a distant relation of his, I live in Parker's-lane, at Mr. Cook's, I went to his Master's house on the 15th of April, and told him his father was very ill, it was then half after nine, and he was at work, and before ten I heard he was in this trouble; he had no coat on when I went to him, his father is a wood chopper.

The prisoner called another witness who gave him a good character.

Not guilty of the Burglary, but guilty of stealing only .

Transported for seven years .

Tried by the first Middlesex Jury before Baron EYRE .

WILLIAM HERBERT.
30th April 1783
Reference Numbert17830430-4
VerdictGuilty > with recommendation
SentenceCorporal > private whipping

Related Material

** WILLIAM HERBERT was indicted for feloniously stealing on the 26th of February last, one linen handkerchief, value 1 s. two linen stocks, value 2 s. one pair of cloth breeches, value 5 s. one pair of black silk stocking breeches, value 6 d. one pair of silk stocking legs, value 1 s. two linen shirts, value 3 s. a printed bound book called a Common Prayer Book, value 1 s. and one cloth coat, value 10 s. the goods of Thomas Orton .

THOMAS ORTON sworn.

I live at the Cock, in Oldstreet-square; I know the prisoner, I was coming from Windsor-town, and the prisoner and me put up together at the George and Cock in the Haymarket ; and we laid together that night, it was the 9th of February, I cannot remember the day; I met with him by getting up on the top of the coach in the road where he was, I had a bundle of cloaths in my hand, I missed my things, the next night we laid together, and breakfasted together, and then took a walk, I gave my bundle to the landlord about eight or nine at night; the prisoner wanted to stop two young men that were with me, and we went a little way, and when we returned back, he was gone.

Court. Was he present when you left this bundle with the landlord? - Yes; when we came home the two young men and me went to the Inn to fetch the bundle, and he had been there about ten minutes before, and said he was come for his brother's bundle; his brother was going by the coach; the landlady gave it him; three parts of my things are here.

MARY BEAVEY sworn.

I keep the George in the Haymarket, I remember the prosecutor and the prisoner coming to my house, and laying there the latter end of February, but I cannot recollect the day of the month; I remember they both had a bundle, there was two bundles, and each of them gave my husband the bundle when I was in the bar, and I gave them again to the prisoner at the bar; he came and asked me for them both, he asked me for his brother's bundle and his too, there were no other bundles.

FRANCIS HUMPAGE sworn.

I am a servant to Mr. Newport, keeper of New-Prison, I was at a public house in Covent-Garden; I think it was the 10th of March, and I hear'd the cry of Stop thief! I went out directly and there were a great many people running, I ran after them, and at the Adelphi, in the Strand, the prisoner was stopped, and the prosecutor said he was robbed and brought the prisoner to Row-street, and there he owned that he had the cloaths, some of them pawned, and some at his lodgings in Bread-street.

Court. What you taxed him with it, did you? - Yes, I went to his lodging, and found some of the things which are here, two pair of breeches, two shirts, and a prayer-book, one pair of silk stocking legs in the pocket, here is a coat which was at the pawnbroker's, the pawnbroker is not here, here is no handkerchief nor stockings.

(The things deposed to by the prosecutor.)

PRISONER's DEFENCE.

As soon as I was committed to Tothill-fields, the prosecutor made a demand of 6 l. not to appear to prosecute me; I have witnesses that he made a demand at another time of three guineas, and one guinea the Sunday before last, he came down Tothill-fields, Bridewell, and called on my master before at Hungerford Market; he was to to have called on Monday on my master to have received this, I was coming up by the Bath coach, and this man got on the coach, and by drinking two pints of beer on the road we were acquainted; he said he had no acquaintance, he would be glad if I would recommend him to a lodging, I told him he might lodge where I lodged some times, at the George in the Haymarket, the next morning we went out together, and were out all the day long; I was his chief support all the time we was out, and it cost me a good deal of money that day, he and two more acquaintances, he said he received a letter from his relations at Leicester, that his grandfather was dead, and that he could draw some money from them, on these considerations I supported him till nine o'clock at night, and I left him and returned to the lodging where I was, and I asked for his bundle as he said he must go the next morning to the country, and I told him I hoped he would make some acknowledgement for the money I had expended upon him, and he said he could not without I stopped his cloaths.

Prosecutor. I had not a farthing of him, I had half a guinea when I came to the Inn.

Prisoner. My Lord the prosecutor offered me three several sums to make it up, he came to me three weeks ago, and offered to take 3 l. and last Sunday was se'nnight he agreed to take a guinea, and then he never came.

The prisoner called four witnesses who gave him a very good character.

GUILTY .

He was humbly recommended to mercy by the Jury.

Council to Mr. King, one of his witnesses. Will you take him and employ him again? - Yes my Lord.

To be privately whipped and discharged.

JOHN WHARTON.
30th April 1783
Reference Numbert17830430-5
VerdictGuilty > with recommendation
SentenceDeath

Related Material

250. JOHN WHARTON was indicted for feloniously and burglariously breaking and entering into the dwelling house of Robert Askey , on the 1st day of March last, between the hours of twelve and three in the night, and feloniously stealing therein three pieces of gold coin of this realm called Guineas, value 3 l. 3 s. and 30 s. in monies numbered, the monies of the said Robert .

Another Count. That the said John Wharton , on the 9th day of March last, between the hours of twelve and three in the night, the dwelling house of the said Robert, feloniously and burglariously did break and enter, and feloniously steal therein twelve pounds weight of soap, value 5 s. and 3 s. in monies numbered, his property.

Another Count. That he the said John Wharton afterwards, on the 31st day of March last, between the hours of twelve and three in the night, the dwelling house of the said Robert Askey , burglariously did break and enter, and feloniously did steal therein 12 lb. weight of soap, value 5 s. and 20 s. in monies numbered, and 48 pieces of copper called half-pence his property.

A fourth Count. For that he the said John Wharton afterwards, about the hour of two in the night, on the 5th of April inst. the same dwelling house feloniously, did break and enter, with intent to steal the goods of the said Robert against the King's peace.

ELISHA GADD sworn.

I am shopman to Mr. Askey, oil and colour-man Tothill-street, Westminster , the

prisoner was a workman of my master's at that time, but did not lodge in the house, in the evening of the first of March, my master asked me what money I had in the shop, I went to the desk and told him I had ten guineas in gold, and about four in silver, he told me to put the money in the desk, and he would ask me for it in the morning, it was in the desk that night, I locked the desk and put the key in the till, and after shutting up the shop, I put the key of the till in my pocket; about ten I locked the till, and between seven or eight I locked the desk, I shut up the shop at the same time; the desk stood close to the till in the shop, I fastened the door and windows of the shop; I got up about six in the morning and opened the shop, I went to unlock the till as I usually did, and found it open, and the desk likewise; I examined the desk for the money and found three guineas missing out of the ten, and about 30 s. in silver; my master asked me for the money about nine o'clock in the morning, I did not tell my master till then, that the desk was opened, I was rather afraid, I did not perceive in what manner the money was lost, I examined the house all over.

Court. When you came down in the morning, how were the doors and windows of the shop? - They were all fast.

On the ninth instant had you on the over night reckoned the money? - I could not rightly tell the quantity.

How much do you suppose was lost? - About twenty shillings.

Court. How do you know there was any lost, if you did not know what there was? - I am sure there was 50 s. by the quantity, I put 40 s. in out of the desk, and there was some in before; but I cannot tell how much exactly; the next morning I found about 30 s. it was about six when I opened the shop, the till was left open, the desk was left open, and the key dropped into the till, but not locked; of this I did not tell my master, as the money was lost before, I did not mention to him, as it could be laid to nobody but myself.

Had he accused you before, or expressed any suspicion? - Not to me as I knew of; on the 31st at night, I put 25 s. in the desk, there was not above one or two; I locked it as before, and put the key into the same place; the next morning we found about 6 s. of it, and a quantity of half-pence was lost out of the till, the desk was unlocked, and the key thrown in the same way as before.

Court. How were the fastenings that morning; - The shop front, my lord, was all fast; on examining the premises; the back part, I found the door that leads out of the cellar into the shop had been open.

Was it locked the night before? - No, it was made fast with a stick with a pike at the end of it, that stick was forced away; the force had tore the door very much, a piece was split off, the door opened inwards; on going into the the yard I found the two fastenings of the window which leads into the cellar, it was a flap shut down, and two casks stood on the top of it, that was the usual way of fastening it, in the morning the two casks were off, and the flap was down, on lifting up the flap, I perceived by the dirt and rubbish a person had been down, I made these examinations first myself, after that I alarmed my master, I called him up, this was about half after seven, it was about six when I opened the shop; I informed him that the house had been broke open, and robbed as before, I shewed him where the person had gone down, and in what manner the door was from that time; my master and me sat up every night, till Saturday the 5th of April; on the Sunday morning a little after two, I sat up in the parlour just over the cellar; my master was in the adjoining yard with his neighbour, I heard a person coming down the yard, I heard him lift the two casks off that stood upon the window, and lift the flap up, and go into the cellar; after I thought he was down, I heard something make a noise, similar to the falling of a trap, which we had set for him in the cellar: In about a minute after he entered the cellar, I heard my master halloo out, I have got him; I opened the door, and I saw the prisoner with him, when I went in the yard my master said to the prisoner, John, how can ou use me in the manner you have

done, you have robbed me three times within a month, of money, soap, starch and blue; the prisoner said he never robbed him of any starch and blue, only of money and soap; more of money than of soap.

Court. The second time that you missed the silver, you did not tell your master? - No.

The third time did you tell your master of that? - Yes, that was the time we perceived how we were robbed.

Now not telling your master the second time, till then how did you make up the account? - I had not given in the account.

Prisoner's Council. The prisoner had been your master's servant a long time? - Yes.

How long? - Two years.

Perhaps as long as you? - No, Sir, I served my time there.

The first time the money was missing was on the first of March? - Yes.

That was three guineas, and some silver? - Yes.

You did not tell your master of that? - Yes.

No, but not till he asked you for the money? - No.

You rose at six, and at nine your master asked you for the money, then you told him of the robbery? - Yes.

You lodged in the house? - Yes.

There was no appearance then of any body getting in? - No.

The keys were all found on the spot where you left them? - Yes.

The next time you did not tell him of it at all? - No.

That time there was about twenty shillings lost, I think you say? - Yes.

None of this money was marked at all? - No.

No suspicion of the prisoner? - No, nothing but that, for the course of two months past, sometimes he would work a day or two, and sometimes play.

How came it that the money was not marked that was in the till? - We had no suspicion at all, at that time.

The third time it was half after seven, before you told your master? - Yes.

Then you perceived somebody had got into the house? - Yes.

You was the only person that found that out? - Yes.

Who fastened that door backwards? - Myself.

And put the casks over yourself? - The maid of the house did.

You yourself did not see the prisoner in the cellar? - No, Sir, I heard him.

That is, you heard a noise? - Yes, when I came into the yard, I found the prisoner in the yard.

Did the prisoner appear to be drunk at that time? - No, Sir, very sober.

Is your master's the corner of the passage, or is it the middle of a row? - The middle of a row.

Council for Prosecution. Must the prisoner come over more places than one? - He came over four walls.

Was no money found on him? - Nothing Sir, we did not search him.

ROBERT ASKEY sworn.

On the evening previous to the first of March, I desired the last witness to give an account of the monies he had in his desk, as I had a payment to make, he is a very trusty servant, the most honest one that can be, he told me that he had ten guineas in gold, and about four pounds in silver; eight guineas of the gold, I saw in the desk myself in the evening; in the morning I desired him to bring me in the cask, he informed me that when he came down in the morning, he found the till unlocked, that he went to the desk, and found that there had been taken out of that ten guineas, three guineas and thirty shillings in silver; I saw that the silver had been taken away; I inspected the premises; I knew the witness strictly honest, his sister is servant to me, which I believe to be as honest as himself, and there were only Mrs. Askey, myself, this brother and sister and a little boy, who was upon liking; in the morning of the 31st, I was called up, and he told me we had been robbed again, I had myself taken from the desk in the afternoon two guineas, in consequence of which, there was no gold left, but about five or six guineas in silver, I asked him to the best of his knowledge what he thought

he had been robbed of, he said he thought there was about twenty shillings in silver gone, we were then very cautious of taking bad halfpence, but I found the till principally consisted in bad halfpence, I then went to the cellar coming to inspect that part, which I thought a boy of ten years old could not have gone through scarcely, for he must put himself on his belly; I said it must be John Wharton , I borrowed a man trap, and I planted it in the cellar at the bottom where the feet must touch, I then thought from the appearance of the prisoner, in the course of the week, and from his drinking, it was himself, I said to my neighbour Edward Taylor , will you sit up with me to night, for I have reason to think the person that robbed me will be here to night; we went to the further end of my premises under one of my warehouses, and there we sat from twelve, till about five minutes after two, then I heard foot steps in my neighbour's yard, and I said to him the thief is coming, he came over that part of the wall, over the tiles where I sat down, after walking about four paces on the wall, he dropped into my yard, by the light of the moon, I saw the prisoner perfectly, in about ten minutes I heard a noise, which I thought was the trap, and a man struggling in my cellar, I immediately said, my friend we will run down the yard, I am confident he is in my house; and within five yards of the window, I met the prisoner coming from my dwelling, I called my servant to open the door, and that I had got the prisoner, he immediately came, I found the casks from off the flap, and that the window had been opened and entered; I asked the prisoner, how he came to rob me, as I had been so indulgent to him for some time past, he answered he could not help it; says I, John you have robbed me three times within the last month, of monies soap, starch and blue; he said no, I have not taken any blue or starch, I never took any thing but money and soap, the soap I sold to Mr. Knight, who keeps a shop in the neighbourhood; I found his leg had touched the ring of the trap, and drawn it from the spring.

Court. Did you examine his leg? - I did not; I hardly knew how to contain myself.

Has his leg never been examined? - He has had medicines from an apothecary's to dress himself with, but his leg has never been examined, I took him prisoner myself.

Prisoner's Council. When you saw him, he was in the yard, five yards from the cellar window with his face to you? - Yes, as near as I can judge.

His leg never was examined? - No.

Supposing a man to have got into that window, must not he have been a considerable length of time in getting out again? - By repeatedly going in, he had cut away a piece of ground that made it not so intricate as it was at first, there was a matter of eighteen inches broke away, at first it must have taken up several minutes for a man to get out again.

Court. As soon as you thought you heard the trap you came, did you make the prisoner any promises? - No, none in the least.

ROBERT TAYLOR sworn.

I watched with my neighbour Mr. Askew, a man came over the tiles into the yard, but I could not see who it was, I saw him after he was taken, I said if you offer to lift up a hand I will cut your head off.

What did Mr. Askey say? - I cannot say, as we were going to take him to Tothillfields he owned then that he robbed him of the money and soap, I cannot tell what he said exactly, it was something about taking money and soap.

Court to Mr. Askey. Had this man any dark lanthorn or matches, or any thing of that sort? - I did not search him, I should have conceived he could not have had a lanthorn, without it was in his pocket.

Is there any light in your shop of a night? - No.

PRISONER's DEFENCE.

I went down the alley, there is a necessary at the bottom, I was going to case myself, and there was a man stood upon the

wall, the man said he would go over, I got over after him, and then Mr. Askey and Mr. Taylor said I should stop or they would blow my brains out; my wife and I had a few words and I went out, and went down there on purpose to ease myself.

Guilty of the whole indictment, ( Death .)

The prisoner was humbly recommended to mercy by the prosecutor.

Tried by the second Middlesex Jury before Mr. RECORDER.

ANN SMITH.
30th April 1783
Reference Numbert17830430-6
VerdictGuilty
SentenceCorporal > private whipping

Related Material

251. ANN SMITH was indicted for feloniously stealing on the 6th day of March last, one piece of printed muslin, containing five yards and a quarter, value 20 s. and five yards of printed cotton, value 20 s. the property of William Thomas .

MARGARET THOMAS sworn.

I keep a linen draper's shop , I knew the prisoner, I saw her going out of the shop on the 6th of March, at two o'clock in the afternoon, I was in the back parlour, and saw her through the glass, nobody was in the shop, I followed her and took from her one piece of muslin, and five yards of printed callico, they were under her cloak and apron, I saw them on my counter a very little before, I am sure they were the same, they have no mark on them.

Court. How could you know them to be yours? - I am sure of it.

But by what circumstance do you know them? - Because I saw her going out, and I went after her and took them from her.

Court. And those that you had seen on the counter just before, you missed on her going out? - Yes.

WILLIAM SMITH sworn.

I produce the property that the prosecutrix took from the prisoner, she put me in charge till she carried her property home; there are the same things, Mrs. Smith has had them ever since, the prisoner did not deny the fact, but said her mother was drove to great distress.

PRISONER.

I have nothing to say.

GUILTY .

To be privately whipped and discharged.

Tried by the second Middlesex Jury before Mr. RECORDER.

DAVID NICHOLLS.
30th April 1783
Reference Numbert17830430-7
VerdictNot Guilty

Related Material

252. DAVID NICHOLLS was indicted for feloniously stealing, on the 20th day of June last, one pair of pistols, value 20 s. one linen shirt, value 5 s. and 8 s. in monies numbered , the property of George Watts .

GEORGE WATTS sworn.

I am a soldier in the third regiment of Guards, I lost a pair of pistols and a shirt last year, I missed them first the latter end of June, out of my chest, from my lodging, I had a back room on the lower floor, there was another young man lodged with me.

Did the prisoner live in the house? - He lived in the fore place, the pistols my brother got from his master's son when he came from abroad.

How long had you had them? - About a fortnight, he gave me them to clean.

Did you keep your chest locked? - It was locked.

When you missed the things out of the chest, was it locked then? - The lock was broke.

What is your reason for charging the prisoner? - I heard that he had some things, and I went to him, and I found the shirt in his custody, which was in my chest when the lock was broke; he went along with me, and got the shirt from his washerwoman's.

How do you know she was washing for him? - He told me.

How came you to talk with him about it? - I went away and got a constable to take him up, and then I asked him for the shirt, and he said he had it from the woman

that lived with him at that time, (the shirt produced) there is a G. at the breast of it, and the No. is picked out.

Are you sure it is your shirt? - Yes, I am very sure, and there was a regimental mark, and that is cut out, and a piece of cloth put into it, I never found my pistols.

How long did you continue to lodge at this man's house after you missed your pistols and shirt? - I did not continue a night; I thought I was too long in one place, and went away for fear I should lose any thing more.

You had no reason then to suspect him? - No.

How came you at last to charge him? - Because this woman saw the prisoner have the pistols, six weeks after, and he went out, and he brought in three half crowns for the pistols, so she told me, that was my reason.

ANN DOWNEY sworn.

I lived along with the prisoner at that time, he was a poor man, and the morning that box was broke open, he went away to work and I together, and he returned at one o'clock, and brought a quartern loaf, and the prosecutor came before we returned, and took away his box whether or no; I will give no oath but what I will give again, I am come here for truth, and I will tell truth; he borrowed this shirt of this young man, and he gave back a shirt for it, I saw a pair of pistols in that house, but I never said it was them, nor I do not know they were them, I saw some pistols in that house; there was a young man there that is gone abroad; I think the prisoner innocent of breaking a box.

Then you saw the prisoner's pistols in another man's hand? - No, no other man's hand.

Who had the pistols you saw? - The prisoner had them, but whether it was these pistols I do not know.

Do you know how that shirt came into the hands of that woman where it was found? - Yes, I do, the man hearing that this man was to pursue after him, removed it to this woman.

Can you tell whether this is the same shirt that the prisoner borrowed of the young man? - This is the same shirt that was at the washerwoman's, I have washed it with my own hands many a time, the prisoner always told me, that was the shirt he borrowed from this young man, to put on upon guard; this young man knows he left two; I think it is a spiteful thing, and all done in spite.

Why do you think it spite? - Because it is an old quarrel between the prisoner and this man that came both from one place, more to their shame.

Prosecutor. I am very sure that this shirt was in my box at the time it was broke.

Court to Jury. After the account given by this woman, gentlemen, we can make nothing at all of this.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. BARON EYRE .

CATHERINE JACKSON, SARAH CARR.
30th April 1783
Reference Numbert17830430-8
VerdictNot Guilty

Related Material

253. CATHERINE JACKSON , and SARAH CARR , were indicted for feloniously assaulting Samuel Goostree , on the king's highway, on the 2d of April last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one gold mourning ring, value 5 s. one pair of base metal shoe-buckles, value 2 s. one silk handkerchief, value 6 d. one linen handkerchief, value 6 d. and eleven pieces of gold coin of this realm, called guineas, value 11 l. 11 s. his goods and monies .

SAMUEL GOOSTREE sworn.

I am a dealer in coals ; I live in Moorfields; I was robbed on the second of April last, but I was so intoxicated, that I cannot give a correct account of what happened to me; I remember some women attempting to take my ring off my finger, and on accusing them of that, I was immediately assaulted, and struck very much, several violent blows in the face, and knocked down; I then called watch! the watchman came, and some women were taken to the round

house; but discharged, not being the women that assaulted me. I had a brass ring put on my finger by somebody, I examined my pockets, I found I had lost eleven guineas, and two handkerchiefs, and the buckles out of my shoes; and they had put another pair of buckles, just loose in the straps; I know nothing of the persons that robbed me.

Court. You do not seem to have a very clear recollection, whether you was robbed by men or women? - I recollect I was assaulted by women, and therefore conjecture I was robbed by women.

Court. The state you was in at that time, Sir, perhaps made it difficult for you to say how long it was before that you had these things safe; what was the place you came from? - I came last from the playhouse, it was a little after nine.

Drury Lane play-house? - Yes.

The condition you was in, I suppose you did know whether you was not robbed of these before you came into the play-house? - I was in the Lobby, I suppose, half an hour or more.

Was you sufficiently master of yourself, to be sure, that you was in the lobby, or is that, what other people told you? - That is what I have been told since.

What is the last place you recollect yourself to be in? - The last place I recollect to be in, was in company, where I dined, and spent the afternoon, which was Duke's-Court, near Bow-street, coming into the air, the effects of intoxcation came on, and deprived me of recollection.

Can you tell whether, when you left this place, you had your money and your buckles and ring? - Yes, my Lord, ten guineas of it was in a paper, which I received of a gentleman then in company, which I just looked at, and screwed it up in the same paper, and put it into my pocket, and I did not spend a shilling there.

JEREMIAH FLACK sworn.

I am patrol of St. Giles's, about half after twelve, I saw the prisoner Carr, in company with another woman, and she was shewing a woman a ring, and she said that it was left to her by some man.

Was it to her, did she say, or with her? - To her she said; about two o'clock I met Mr. Goostree, with two patrols, they said he had been robbed; I went with him to several places, and remembering the circumstance concerning the ring; the next morning, I went to this public-house between 8 and 9, a little before 9 Sarah Carr came in; and when she saw me, she returned immediately, run up Newtoners-lane, I pursued her, I searched her, and in her stays I found the ring; this is the ring; then I took her to the Justice's, and the other called her spoony whore, and she hoped, she would be crapped, for having the ring about her, I took her into custody, and searched her, the gentleman's buckles were found.

GEORGE MEECHAM sworn.

The gentleman had been at our office in the morning, and he had been knocked down the night before, by two women, and robbed; I heard Catherine Jackson in the morning abusing Sarah Carr , and called her bloody whore, and she ought to be crapped, for carrying the ring about her; on Cath. Jackson, I found thirteen shillings in silver and nine shillings on Sarah Carr , and half a guinea in gold, which I delivered up, by order of the Justices; (The ring and buckles deposed to by Mr. Goostree.)

My name is on the ring.

How do you know the buckles, there is no mark on them? - I believe none in particular.

- ROBERTS sworn.

I belong to Mr. Walker's office, I came there about seven and eight, and Jackson caught me round the neck, says she my dear Roberts, and she kissed me, I will tell you, but I will not tell that bloody watchman; and she said that the other prisoner Carr, caught Mr. Goostree round the neck while Jackson took the money out of his pocket, and afterwards Jackson told me, she followed him down the street, and

knocked him down, and the other took the ring off his finger, and she took the buckles out of his shoes, and that she gave him a violent blow on his head.

Court to Roberts. Are you an old acquantance of this Jackson's? - Mrs. Jackson knows us for several years, and by her knowing of us, I suppose she told me this; she took me round the neck and kissed me. She said that they followed him out of the house.

Court. What house was that? - I do not know.

Prisoner's Council. My Lord, it is not above six months, since that man was out of six months fine in Newgate, he said at the Justice's, damn you, you bitches, I shall get an honest forty by you; that man is only here to swear our lives away.

Roberts. My Lord, I was under that predicumey, for striking a publican, never no farther.

PRISONER JACKSON's DEFENCE.

Please you, my Lord, this Sarah Carr , between eight and 9, met me in Holborn, and the Prosecutor as is now had hold of her by the hand; she said how do you do, will you have something to drink; would you accept of a glass? said that gentleman; accordingly he went to the wine vaults, and he said he had been drinking plenty, and would be six-pence, so the man poured three outs: The gentleman said should he go home with me, I said, I lived in Short's Gardens, and if you will you may; he went with me, and reeled when he went up stairs, he trod on my buckle and broke it, that buckle is to be produced in this court; Sir, says I, you have hurt my foot sadly, says he I, am sorry; damn the buckles, I had an old pair of plated buckles in my shoes, I have had four years; and he took the buckles, and threw them in the candle stick, which was a broad candle-stick, he and put one of my buckles in his shoes, and a young woman fetched a black pin to put the other in, and he began to pull his pocket book out of his pocket; sir, says I, as you are in liquor, take care of your property; he went down stairs with his ring on his finger, and I saw no more of him, till I went to the Justices, to get a warrant, against another woman; I am innocent entirely, he picked up another woman afterwards, named Elizabeth Clarke , and he slept in her place two hours, why should not she rob him.

JANE JOINER sworn.

All I know of it is, between nine and ten, this gentleman came home with the prisoner, and behaved like a gentleman, he came to No. 17, in Crown-court, I live in the same house, and my husband and I was below; he went up stairs, and he sent for something to drink, and went about his business, and where he went after, or where he got his accident, I do not know.

ELIZABETH GRIGGS sworn.

I know nothing of this matter, I know Kit Jackson 17 years, she is very honest, she has nursed me several times.

PRISONER SARAH CARR 's DEFENCE.

Sir, this gentleman followed me up some part of Drury-lane, and he had like to have stumbled by James-street, where the coaches are; it was between nine and ten; he kept asking me very often, young woman can I see you home, I said you really cannot; I cannot take any person home, he seemed to be very much in liquor; and at the corner of Holbo rn, I spoke to Catherine Jackson , and then he asked us to drink, and we went in, and had a quartern of brandy; and coming out, the gentleman said, you perceive I am very much in liquor, can I go home with you, and I should be glad; he went with us to her apartment, and he came away from us as safe as he went in.

Court to Prisoner Carr. How came you by the ring? - He said he had no cash at present, and he gave me the ring, and said he would call upon me, to redeem it, the next day.

The prisoner Carr called one witness, who gave a good her a good character.

Tried by the second Middlesex Jury before Mr. BARON EYRE .

CATHERINE JACKSON , NOT GUILTY .

SARAH CARR , NOT GUILTY.

THOMAS LITTLEPAGE, JOSEPH BELL, JANE WARRICKSHALL, THOMAS WARRICKSHALL.
30th April 1783
Reference Numbert17830430-9
VerdictsGuilty; Not Guilty; Guilty; Not Guilty
SentencesNo Punishment > sentence respited; Transportation

Related Material

254. THOMAS LITTLEPAGE , and JOSEPH BELL were indicted, for that they on the 22d day of February last, a base-metal ship's pintle, of the value of 50 s. the goods, chattles, and naval stores of our Lord the King , feloniously did steal, take and carry away .

And JANE WARRICKSHALL , and THOMAS WARRICKSHALL , were indicted, for that they afterwards, to wit, on the same day, the goods, chattles, and naval stores above-mentioned, so as aforesaid stolen, taken and carried away, feloniously did receive and have, knowing them to be stolen .

The said THOMAS LITTLEPAGE and JOSEPH BELL were again indicted, for that they on the 9th day of March last, one other base metal ship's pintle, of the value of 3 l. 15 s. the goods, chattles, and naval stores, of our Lord the King, feloniously did steal, take and carry away.

And the said JANE WARRICKSHALL and THOMAS WARRICKSHALL were again indicted, for that they afterwards, to wit, on the same day, the goods, chattles, and naval stores above-mentioned, so as aforesaid, stolen, taken, and carried away, feloniously did receive and have, knowing them to be stolen.

THOMAS CARPENTER sworn.

I am a constable; I apprehended the prisoner Littlepage, Mrs. Warrickshall, and her son; on the 11th of March, I was called up at five in the morning, to go and take possession of two thieves that were taken in the night for stealing yarn, and carried to Mr. Lowe's on Poplar Causeway; accordingly I went there and took them both in charge, and as I was going to handcuff them, one of them, whose name was Lane desired me to let him alone, and he would discover the whole transaction, I told him; if he would do that, we would clear the room and get a sheet of paper, and I would take his examination, which I accordingly did; after I had taken his examination, I read it to him, and he signed it in my presence, and one Mr. Tindall.

Prisoner's Council. That totally lies out of this case.

Carpenter. Previous to my going to Mrs. Warrickshall's house, I charged Lowe to assist me to go there, to search for more yarn.

Court. What is Mrs. Warrickshall? - She keeps a private house, and is a waterman's widow; while I was searching the premises, Mr. Hankey and Mr. Blackmore the King's surveyor came and asked me, whether I had found any copper pintles belonging to a ship's rudder and desired me to search for some, which I promised I would.

Court. What is a pintle? - It is what is fastened to the rudder, for the rudder to swing backwards and forwards. (The pintle produced.)

Court. What is it made of? - It is made of base metal; I told them I had not, I searched further, and Mr. Hankey and Blackmore assisted me, we found none; after they were gone, I begged of Mrs. Warrickshall, if she had any copper pintles to deliver them to me, for it would be better to throw herself on the mercy of the gentlemen, Hankey and Blackmore; she told me then, to fetch Mr. Hankey to her, that she might first hear what he said; I went and told Mr. Hankey, and he came and asked her what she wanted with him, she said, she wanted him to shew her mercy in this affair; Mr. Hankey told her, it was not in his power to grant her any lenity, but the law must take place.

Court. What did she say to that? - Mr. Hankey then went away, and then she asked me what she should do, I told her she had better deliver them up, for I had not done rummaging, she then said she had but

one the other was disposed of; I then told her she had better give that up.

Prisoner's Council. Did you say what you should do, if she did not give it up, I told her I had not half done rummaging, she then begged that a sack might be brought to put it in, that it might not be exposed in the streets; this was in the bed chamber she begged me to take hold of one part of the bed, and she took hold of the other part, and there lay the pintle, between the sacking of the bed and the bed itself.

Was there any appearance of it under the bed, did the sacking sway down? - I had not looked under that bed, this was the 11th of March, in the morning, I afterwards went to take Littlepage; he got from me, but I took him afterwards at Lambeth; he told me that every thing that Stannard, who was admitted an evidence had discovered was true, and that he would speak the same words before the court.

Did he mention any of the particulars to you? - No, not to me, he said he would tell the Justice every thing that was transacted.

Did you take Bell? - I took him with them, he said nothing to me.

Court. Had you read that examination to Littlepage? - It was read before the magistrate, in the presence of Littlepage and me, I heard it read, and there was hardly a word of alteration.

Prisoner's Council. The examination that you talked of first of all, was not relating at all to this business of the pintle? - That was concerning the ropes.

You had made your unsuccessful search in this woman's house, and found nothing? - Yes.

What had Mr. Hankey to do there, he does not belong to the King's yard I believe, only Mr. Blackmore? - No.

They having been gone, and nothing yet found, you say you and the woman were together, and you told her, it would be better for her, if she would discover where the pintle was what did you mean by that, or what did you she meant? - To give it with herself.

You thought at that time, that she thought she should save herself by making this discovery? - I think she did.

I think you said it would be better for her to discover this? - Yes.

After that I believe she shewed you where the pintle was? - She found by Mr. Hankey that he would shew her no mercy.

Council for Prosecution. He was gone before the pintle was found; then you had some conversation? - I told her she had better give it up, and throw herself upon the mercy of the prosecutor, for I had not done rummaging.

Prisoner's Council. Then she still thought she should have favour? - She could not after Mr. Hankey was gone, because he told her, she could have no favour; I told her she had better give it up, it would save us a great deal of trouble, I do not know whether she would have delivered it up, but she saw I had not done rummaging.

Well, but the fact is, she did deliver it up? - Yes.

Court. She asked you what you would advise her to do? - Yes.

First you told her, if I understand you, that she had better throw herself upon the mercy of those two persons, one was an officer in the yard, and the other a merchant.

And she then desired to see Mr. Hankey, and hear what he said? - Yes.

Then he came? - I fetched him myself.

What are you? - A ship carpenter.

Mr. Keys. My Lord, I am council for the prisoner Bell, and I submit that the accomplice cannot be examined, unless there was some evidence to affect Bell.

Court. What has been said cannot have any affect as to him.

JOHN STANNARD sworn.

Council for Prosecution. You are an apprentice I believe to a shipwright? - Yes.

You know the yard of Messrs. Perry and Hankey? - Yes.

Do you know the Maidstone frigate? - Yes.

Do you know the prisoner William Littlepage ? - Yes, he was an apprentice too.

Do you know any thing of the loss of these two pintles, or either of them? - I called on Littlepage on Sunday morning, between eight and nine, I cannot rightly say what month, it was three weeks before we took the last pintle, and Littlepage was taken up after we had taken the last about three days.

Then that brings it to about the 17th or 18th of February? - I and Littlepage went the Sunday morning down to the yard, and about eleven we went down to the dock where the Maidstone was, the Maidstone was a King's ship, and we laid the pintle upon the timber pile ready to be got away in the night, then between eight and nine we went down to the yard, and we had agreed to get Jane Warrickshall 's boat, and to sell it to her, I had not seen Mrs. Warrickshall before; between eight and nine in the evening we went down to Jane Warrickshall 's house, to get the boat to take it away, and she asked us what we had got; and we told her a piece of a copper pintle; then she told her son to go out with us, to get the boat, and to go with us to take it, and he rowed us.

Court. Was the son present when you had this conversation with the mother? - Yes.

Did he hear what was said? - Yes.

Are you sure of that? - Yes.

Did she know Littlepage? - Yes.

Did the son go with the boat? - Yes, he rowed us down with the boat, he landed us at the Dock, and her son held the boat, while I and Littlepage went and brought the pintle into the boat, then he rowed us back, he staid in the boat, and Littlepage and me carried the pintle into her house; Mrs. Warrickshall came into the cellar and weighed it, and it came to 1 l. 3 s.

Court. After what calculation? - Four-pence per pound.

Did she pay you that 23 s.? - Yes, she gave it to Thomas Littlepage and I received half of it.

Court. Did you at any time after this go to the same yard, and take any other pintle? - Yes, I and Thomas Littlepage went down on Sunday morning, the 9th of March, he called upon me, we went on board a new ship that was building near to this ship; and we boared some holes for two young fellows that had some work to do; while we were boaring these holes, Joseph Bell came on board this new ship, then we went round the yard together, and I and Thomas Littlepage came back again; Bell came back afterwards to us on board this new ship, and Bell asked me if I had a mind to get any copper bolts, I said there was none to be got; then he asked if I had a mind to get one of the pintles of the Maidstone's rudder, I agreed to it, and I and Littlepage went down to the Dock and knocked two of the nails out, while Joseph Bell stood above, to see that nobody came to disturb us; then we came up out of the Dock, and Joseph Bell , I, and Littlepage went round, he told Littlepage to stop a bit, and he would get a fellow servant of his who had just come into the yard out of it, and then come back, we staid till about eleven, and he did not come back, then I and Thomas Littlepage went into the Dock, and took the pintle, and put it under the ship's bottom till night; between eight and nine we went to Mrs. Warrickshall's house to get a boat, she asked us what we had got, and we told her, she said we should find her boat at the stairs, and we found it there; and I, and Littlepage went with this boat, and rowed it down to the Dock, and we made the boat fast, and went into the yard, and took the pintle, and put it into the boat, and carried it to Jane Warrickshall 's about nine; she was at home, and Littlepage carried it up into her house, and she went down into the cellar with us, and weighed it, and it came to one pound six shillings and four-pence; she gave us but a guinea that night, and told me to come back the next morning for the rest of the money, and she would give it me; I went there the next morning, and she gave me five shillings, and said she would not give me the odd four-pence.

(The other pintle produced, and deposed to by the witness.)

Prisoner's Council. Is that the pintle that was taken first or last? - The last.

When you first concerted this, Bell was not with you? - No.

Mrs. Warrickshall is a waterman's widow, is not she? - Yes.

She has a boat that works upon the river? - Yes.

Is not her son apprentice to her? - Yes.

Is he out of his time? - I believe not.

Did the boy take any notice of what you was talking of? - He was close by.

But you did not say any thing that you had taken it out of a man of war, or that you had stole it? - No.

The boy was not by when it was carried, did he help you to the house? - No, he staid in the boat.

No part of the bargain was made, or any payment before him? - No.

Nor you did not tell Mrs. Warrickshall where you had got it? - No.

Was not it a broken pintle at first? - No.

I believe those that are made of base metal, when they are broke are fit for nothing but old stuff, waste stuff? - I do not know.

Are they not cast? - I believe they are.

What did she give you a pound for it? - four-pence.

Court. Both times the same price per pound? - I believe it was, as to the last, the boy was not there at all? - No.

Council for the Prosecution. Did the boy know where the boat was going to? - Yes.

Court. The mother bade the son go with you with the boat? - Yes.

THOMAS GARRARD sworn.

I am a ship carpenter for Perry and Hankey; I know the ship Maidstone, and when she came into the Dock the pintles were all on, and some time afterwards, I suppose near a month before this happened; I think she came into Dock the fourth of January; the second pintle was taken the ninth of March.

JOHN BLACKMORE sworn.

I am a King's surveyor, I inspect the repairs of the works, I have tried this pintle, and it firs exactly; unless it was the identical pintle it could not fit so well.

What are they worth? - About six guineas a 100, near about 13 d 1/2. a pound.

About what time was the first lost? - I do not know.

Court. What would they sell for as old pintles, merely on account of the metal? - This is a useful pintle, and would do again, but the other I believe is worth about 3 l. 10 s. per hundred.

WILLIAM FORBES sworn.

I made this pintle, I have not fitted it on, it has my mark upon it, my name, and the broad arrow; the value 14 d. a pound, and we give 10 d. for the old one.

What do you think that is worth? - This is as good as ever, there is no sort of difference, and the old ones are worth 10 d. or 9 d. per pound.

Court. The examination must be read, if you make use of his evidence, which is that, every thing is true, that is therein contained, therefore it must be read or else I cannot take it; the other man swore it was read over to him, and that he said every word of it was true; now what is contained in that we have never seen.

Court to Carpenter. You said that the man desired you might be alone together, and you dismissed all the rest, and then you took pen, ink and paper, and wrote the examination, of one of these men, that examination led you to the discovery of these facts? - Yes.

To those facts relative to Littlepage? - Yes.

Then in consequence of this, when Littlepage was taken up, after the time you had searched at Mrs. Warrickshall's, then he was carried before a Justice of peace, and that examination which you had taken before in writing was read over? - Yes.

Where is Stannard's examination? - The magistrate took it.

He confessed then nothing but that, what was contained in one of the examinations was true? - No, Stannard sign'd his examination.

Court Is there any examination returned.

Council for Prosecution. We have a copy of it, the examination read, the voluntary

information of John Stannard , proved by Carpenter.

Court to Carpenter. Did you see the Justice sign this? - Yes, read the voluntary information of John Stannard , taken before us.

Of the Justice's, of his Majesty's peace, on the 15th of March 1783, about three weeks ago, he with one Thomas Littlepage took from the Maidstone frigate, at the dock at Blackwall, a large piece of metal, belonging to the rudder of the said ship, called a pintle; and one Thomas Warrickshall , did assist in conveying the same away in his boat, being a waterman, by the directions of his mother, who received the same, well knowing it to be stolen, and paid three and twenty shillings for it: Also says, that on the 9th of March, they took one other piece of metal, called a pintle, and put the same down in the Dock, till evening; Joseph Bell was present, and looked out while they took out two nails, to loosen the side pintle; says, that about nine o'clock they carried the same to Warrickshall's house, with the help of her boat, who did receive the same knowing it to be stolen, and that she paid to them one pound six shillings; for the last piece of metal.

Council for the Prisoner. You too Littlepage at Lambeth? - Yes.

Had you this information, about the pintle then? - No.

I think you said he confessed in the coach? - No, Sir, I said he confessed nothing to me; it was at the magistrates after hearing the examination and informantion of Stannard's read.

What did Thomas Littlepage say before the magistrate? - Mr. Staple's asked him if that was true; and he said it was all true; and Mr. Staple's, rather marked it, and he turned to me, says he, carpenter, you see it is of no use, Littlepage saying what he has, it is not like a thief that has been brought up from his cradle.

Prisoner's Council. What, that he was not hardened; there is a great deal of difference between contradicting it and owning it? - Littlepage was silent till the Magistrate had done, then the magistrate asked him if that was true, and he said yes.

The Remainder of this Trial in the Second Part, which will be published in a few Days.

Old Bailey Proceedings advertisements.
30th April 1783
Reference Numbert17830430-9

Related Material

HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY , and S. BLADON.

Trials at Law, &c. taken with great Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.

SHORT-HAND taught on an improved PLAN.

Old Bailey Proceedings front matter.
30th April 1783
Reference Numbert17830430-9

Related Material

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 30th of APRIL, 1783, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER IV. PART II.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIII.

[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.

Continuation of the Trial of Thomas Littlepage , &c.

Council for the Prisoner Jane Warrickshall . My Lord, I beg have to ask whether upon the evidence of Mr. Carpenter, your Lordship should think this confession of Mrs. Warrickshall's, was a confession made in expectation of that favor offered, and held out to her, by the constable, that it would be better for her, if she would discover where the pintle was; he himself says, he apprehended she thought so, and my Lord, I humbly apprehend wheresoever a confession is made by a prisoner, and promises of favor are held out to them, these courts have always held that the public faith should not be broken, therefore I hope that that promise made by the constable, shall be considered as the cause of this confession, and that a confession made under such influence, will not be received by the court.

Mr. J. Nares. In this case the prisoner applies particularly to Mr. Hankey, and when the man says you had better throw yourself on the mercy of Hankey, and the other person now Hankey does not appear to be an immediate officer under the King, but a person immediately concerned as a Merchant; he was a person then enquiring into that fact, and who could prosecute, as any body can for a felony, and he give her no hopes in the world; says he, it is no in my power, and he adds besides, the law shall take its course; then afterwards away he went, and the prisoner advises with this man, not as considering him in the quality or office of constable, but as a friend, and adviser; says he, you had better deliver it up; now she had heard what the other person Hankey had said before, and this man adds, I have not done rummaging yet; she must know at that time that he certainly meant farther to go on, with respect to his rummaging, and that these goods must be found; therefore I think under the circumstances of this case, this is such a confession as should be laid aside; and I think it is proper evidence to be received; I should be glad to hear what my brother says.

Mr. Baron Eyre . It has been stated at the bar by Mr. Chetwood, as if it was the constant practice and rule of law, that both confessions and goods produced, in consequence of promises held out to the party, were to be rejected, from a regard to public faith: The rule however is this, that confessions or declarations by prisoners; are, or are not credible, and as such are or are not to be left to the Jury, as they appear to obtained with or without promises, or other inducements; if they are frank and voluntary, there is then no impeachment of their credit, and upon that ground

of their being credible; they are left to the Jury to prove the fact, to which they are adduced, if they are obtained improperly, they deserve no credit, and because they deserve no credit, they are not to be left to the Jury. But this rule with respect to confessions has no application from principles and has never received any application in my practice, with respect to goods produced; because where goods are produced whatever was the inducement, by which the party is prevailed upon, their being found there does not depend upon the mere confession or parole declaration of the party, because the evidence that results from it is, that they are actually found in such custody; if they cannot make out that, they are found in the custody of the prisoner, if they cannot be brought home to the prisoner, without taking in the evidence of the prisoner, then so much of the evidence as depends upon the parole testimony of the prisoner must be rejected. It is novel in law, and extremly dangerous, and not consonant to the general principles of criminal law, for courts of that juridiction, to be holding out support of this sort of public faith; it is to say in other words, that felony may be compounded; if the party is promised encouragement, and upon the strength of that, the evidence of the goods that are found, is not to be produced against them; so far is the law from having this idea, with respect to public faith in promises, that the law goes great lengths against criminals; for instance in a civil case, the law would not allow a constable to put his hand into the pocket of the prisoner; whereas prisoners, and their lodgings are searched, and their pockets even rifled; all which, upon the principle of law is extremely different; and tho' I agree with my brother, whatever should be thought, to be the law on this subject, that this case does not fall within it; still I would not hear the council at the bar, assert that it has been the universal practice; without stating what has occurred to me, as to the practice, from the experience that I have had here.

Mr. Justice Nares. I perfectly noticed that in this particular instance, that case does not come within the rule laid down by Mr. Chetwood; yet I think no man should be bound to accuse himself, nor should any man, when lulled into a fatal security, with promises of being free, if he makes a confession, have that confession afterwards turned against him; I do not give my opinion here particularly, but I speak my own sentiments; suppose the crime to be ever so great, if a man having authority or power, a prosecutor or constable, says, let me know where these things are you shall go free, his life is concerned; and he relying on that promise, does make a confession, or does tell where the goods are, he ought to have the benefit of that promise; and so far I will venture to say, that in the little experience I have had, wherever confessions have been made; the people have been always asked whether it was voluntary; nay farther, whether the party was not apprized, that his life was at stake; if what my brother has mentioned is the opinion of the majority of the Judges, as he thinks it is, however I am bound by it, yet at the same time, I think it would be an exceeding hard case, that a man whose life is at stake, is to be lulled into security, and then because goods are found, which he has confessed, that confession is to operate against him. I only speak this as my opinion, as I think it a great hardship: We have read in other histories of other nations, that it is one of the particular species of fortune to tell the wretched; they shall be free if they confess, and immediately to turn that confession against them, I do not say, but my brother's law may be exceeding right, and he seems to mention it as the received opinion of the Judges; I do not contradict it, I only cannot help speaking the feelings of my own heart.

Mr. Baron Eyre . There is no doubt, but that other Judges have thought on this subject, in this same manner, that my learned brother does: This subject has more than once, undergone solemn consideration,

and according to my recollection not having my papers here; (I do not mean to speak with absolute certainty, and the case before us, does not require, that I should;) but according to my best recollection, upon a solemn decision of the subject by the Judges, a majority of the Judges were of that opinion, of which I have now professed myself to be; and I do know extremely well, that very able men did at one time think otherwise, and that was the occasion of the subject brought under decision.

Mr. Judge Nares. I believe something was mentioned, at the meeting of all Judges, but I did not understand, it is the separate opinion of all the Judges.

Mr. Baron Eyre . If a point should arise, it would be a very proper thing, that it should be determined in some solemn way, that it may receive a decision, one way or the other, in order that the law on this subject may be administered uniformly.

Prisoner's Council to Mr. Blackmore. Tell us exactly what was said?

Mr. Blackmore. I was, my Lord, at Mrs. Warrickshall's, at the delivery of the pintle, I went in with Carpenter, I took Mrs. Warrickshall aside, on the landing place of the stairs, I said, Mrs. Warrickshall this matter differs from the yarn; she said, will you speak for me? Says I, I can do no such thing believe I said with the navy-board; there were no considerations of favor or mercy, offered her by me, and I was particularly careful not to give any idea favor or mercy, because I knew to the contrary.

Prisoner's Council. My Lord, there is no evidence against young Warrickshall, but his going with the boat, and he is an apprentice to his mother, and he staid with the boat after he had landed his fare.

The Prisoner Jane Warrickshall called six witnesses who gave a good character.

The Prisoner Thomas Warrickshall called one witness who gave him a good character.

The learned Judge then summed up the evidence to the Jury, and added as follows.

You know gentlemen, if the two principals are not guilty, the accomplices cannot: With respect to Bell, who is one of the principals, there is nothing affects him, for what the other man says, who is a mere accomplice, without something confirm it, cannot affect him; because it is a certain rule, where one man thinks proper to take the guilt off himself, to put it on another, the law never credits that declaration: With respect to the other principal Littlepage, although the evidence of the accomplice, is very circumstantial, yet that would not do, without something to confirm it; but here is the strongest conformation in the world by Littlepage himself, for he says, that every word of this information was true: So, that there is a direct evidence by this Stannard, confirmed in the strongest manner by the prisoner, reduced into writing, and which cannot deceive: I cannot therefore see any thing that can be said in his favor, if you believe the evidence; supposing then, that Littlepage is guilty, then the question is, with respect to the other prisoners, who are indicted as receivers; and they you will observe, must know these things were stolen at the time they received them in order to be guilty: Now with respect to Jane Warrickshall , there seems to be the strongest evidence in the world that can be given against her: Here are two shipwrights apprentices, come and tell her, they had got such a thing, she never asked them how they came by it, lends them a boat, orders her son to go with them, she weighs it, and pays these two lads for it: how she came to, were how to put any value upon it, is not material; for it is that sort of value, that is one of the strongest evidences in the world to prove, that she must know that they did not come honestly by it, because it is not half the real value of it, considered even in the light of an old pintle, but here it is as good as a new one: You see gentlemen, these circumstances of her bidding her boy go with her boat at one time, at another telling where her boat was, afterwards putting this pintle in the cellar, and its being found between the bed and the sacking;

and another thing, her wanting to see Mr. Hankey, and when he says, what do you want with me? she says, I want to apply for your mercy; if she had been doing what she thought an honest thing, what mercy did she want: And therefore this confession she had made at all hazards, and all events, knowing she was guilty, and knowing there was a man in the house, that if she had denied it would have proved what she said to be false: Therefore, it stands for you to decide upon it, whether under all these circumstances, you think she received it, knowing it to be stolen: But I must make one observation more, and that is with respect to the little boy, her son, and apprentice; he might hear what was said, but he had nothing to do with it, he had nothing to do with the contract, between his mother and these men, he goes with the boat, is to bring what is mother agreed, they should fetch, but he know nothing particular of it, and therefore, I own for my part these are circumstances in his favor, and as many a lad acting under the conduct of his mother, I think it would be two hard to make him partake of the consequences of guilt, in an equal degree with the mother herself, however, gentlemen, you have the whole before you, you will take the whole into your consideration, and you will give your verdict accordingly; you will find Littlepage guilty, if you think he is guilty, and then with regard to the other two, the two Warrickshall's, you will find one or both guilty, as you think in point of conscience you ought to do.

THOMAS LITTLEPAGE , GUILTY , (Death.)

But his Sentence changed by the Court for Transportation for seven years .

JOSEPH BELL , NOT GUILTY .

JANE WARRICKSHALL , GUILTY .

Transportation for fourteen years .

*** She was tried again on the third day and found guilty.

THOMAS WARRICKSHALL , NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice NARES.

N. B. When sentence was pronounced on the Middlesex prisoners, Mr. Recorder thus addressed Thomas Littlepage and Jane Warrickshall ? With respect to you Thomas Littlepage , the law has left a power in the Court without applying for the interposition of your Royal Master, to mitigate the sentence of the law, and to reprieve you from the execution of that sentence; the Court are of opinion, that the circumstances of your case are not such as immediately require, the severe example of death; and therefore, it is the order of the Court, that you be transported to America for the term of seven years. And with respect to you Jane Warrickshall , you stand convicted of receiving stolen goods, on two several indictments; the offence is in sight of the law, so heinous, that the punishment of it is more severe, than that of other felonies, which are not punished with death; for in cases of all other felonies, the punishment seldom exceeds transportation for seven years, but the law wisely and truly judges that the offence of the receiver, is in general more dangerous, and pernicious than that of the thief: The Court has in your case, no power to mitigate your sentence, which is, that you be transported to America for the term of fourteen years.

ANN BURTON.
30th April 1783
Reference Numbert17830430-10
VerdictNot Guilty

Related Material

255. ANN BURTON was indicted, for feloniously assaulting Richard Dunn , in the dwelling house of Matthew Kennoy , on the 22d day of March last, and putting him in fear and danger of his life, and taking from his person, and against his will, one watch, the inside and outside case made of silver, value 20 s. one steel watch chain, value 12 d. one stone seal set in base metal, value 2 d. and one piece of gold coin of this realm, called a half guinea, value ten shillings and six-pence, the goods and monies of the said Richard .

RICHARD DUNN sworn.

I live in Oxford-street, I know the prisoner; as I was going to my lodging, she asked me to go with her to her lodgings, which accordingly I agreed to, then she asked me to treat her with some Holland's gin, which I did, two or three half quarterns and some porter, there was another companion with her that brought in the liquor, after that happened, I begged to go to bed along with her, which I accordingly did, I paid her what she asked, and the other came in, I stopped, and I agreed to sleep with her all night.

Court. How much did she ask? - One shilling.

Who was the other woman? - I do not know her name, I had not been in bed above twenty minutes, before there came a knock at the door, this prisoner at the bar and a man threw me across the bed, and threatened to take my life away if I made any resistance, they laid hold of me, they put their hands in my mouth, which tore my mouth very much, my breeches were on the pillow, I held them as hard as I could, and I halloo'd murder two or three times, but I durst not halloo any more, and nobody came to my assistance, till after they had got off.

What did they do to you, when they threw you down on the bed? - They robbed me of my watch, and eighteen shillings.

Who robbed you? - The prisoner at the bar one, and the man I did not know.

Who took the money from you? - They all helped to aid and assist in taking it.

What, not the woman that you agreed to sleep with all night? - Yes, she was one.

Who was the woman that you agreed to sleep with? - I cannot tell her name, she was one of her companions at the bar, I took the constable, and took her the Monday night following, we found her at the opposite door, at the public house, up two pair of stairs, the watchman heard me when I cried out murder, they made their escape backwards, over a wall.

How did you describe this woman to have her taken? - I knew her very well,

Why you was with her but a little while? - I was with her an hour or two, I took more particular notice of her than the rest; I had not time to see the man; it was about ten or eleven o'clock, the 22d of March.

You immediately agreed with the other woman as soon as she came in? - Yes.

Why, she was the woman that brought you the gin? - Yes.

Did you go to bed with the other woman? - Yes, about the space of twenty minutes.

Was you drunk or sober? - Why I was not drunk at all.

What quantity of gin did you drink? - Only three half quarterns among three.

So you do not recollect any thing of the other woman, or of the man, nor of their persons? - No, not of the man particularly, because I had not time to see him.

Court. The woman brought the gin up, as soon as you went to this girl's lodging, that was before you went to bed with her? - Yes.

Was there a candle in the room all the time? - Yes, there was a candle, but it was put out when they all went out.

Was there a candle in the room, when you went to bed with the second woman? - Yes.

So you did not know this woman before that night? - No.

Then this woman came up, and gave you the gin, and drank a part of it, before you went to bed with this woman? - Yes.

Do not you recollect her at all, you seem to have been so struck with her, as to quit this woman? - I could not recollect her person at all, the man is a weaver, he is known very well, but they could not find him, he escaped.

Did you ever find your watch again? - I never made any enquiry after it, for I thought it was all in vain.

Nor the money, I take it for granted? - No.

Where had you been before you came home with this woman? - I had been along with two or three of my partners at work

at Somerset house, I was no ways in liquor at all.

What did the other woman immediately assist upon the others coming in? - Yes, she let them in.

DENNIS M'CARTHY sworn.

I am a watchman, between twelve and one, on the Sunday morning, in the month of March, I cannot tell the day, it is about five weeks ago, myself and the two patrols were talking together, and we heard the man cry out, murder! and went up, and the man was in his shirt, and his mouth was grazed a little with blood, he said he was robbed of two guineas and a half, says I, take care and recollect yourself, then he said, it was o nly ten shillings, and half a guinea, then the two patrols went in, and searched the house, but they could not find any body in the house, and I staid at the door.

SAMUEL HATTON sworn.

I am a constable of St. Ann's, on the Monday evening after the robbery, this man informed me he had been robbed of his watch, and half a guinea and some silver, and said, he had got some information about the parties, and desired me to go with him, which I did.

Court. Did he tell you who he was robbed by? - He said the person's name was Ann Burton , that he was informed of it by other people, and he had been looking about it all Sunday.

Court. Then he only told you what people told him? - No.

He did not say he knew her himself? - He said he should know her if he saw her, he said there were three parties, two women, and a man, I went with him then into Church-street, St. Giles's , and the house he pointed out where he was robbed was shut up; we went over to the Hammer and Trowel, a public house facing, there was a club assembled there, in the one pair of stairs as full as it could be, of Irish persons, I desired him to look into the room to see if she was there, he looked round very attentively, and said she was not there; we went into the two pair of stairs room, and there were seven or eight persons there, and he said, that is one of the women that robbed me, I will take my oath his mouth was scratched when he came to me; I took the prisoner, and kept her in the round house, I searched her, she had nothing about her, when I told her she must go with me, she called me a bloody thief, and said, she did not weigh forty yet.

Court. That is forty pound reward I suppose? - Yes, I suspected she wanted to get the Irishmen to assist her, I said, if she was not easy I would use her worse than she did the man on Saturday night, I saw the paling broke down, and fresh put up again, the boards were split.

He said, he could not tell now much he was robbed of? - Yes.

Court. Are you usually called out of your own parish? - Yes, very frequently.

You knew that there was a reward of forty pounds, she need not tell you that? - Yes.

Did the man describe any thing about his watch? - He said it was a family watch, and should be glad to have it again, he did not mind the money.

How was you to have it again, if he did not describe it? - I asked the prisoner about it.

Court. But you apprehended there was forty pounds, did not you? - No, my Lord, because I was certain sure to the contrary, because it was told me at the examination.

That was not at the time that you took her? - It was when I apprehended her, I cannot say exactly.

PRISONER's DEFENCE.

As I was standing at the corner of Hog-lane, this young man came to me, & asked me to take a glass of liquor, he asked me where I lived, and could he go home with me, I told him yes, he and I went home together, and he sent for some gin, he asked who the other was, he said, call her in, she said she did not care if she had a drop of gin, and went and fetched it, and after that he had two or three pots of beer, and he asked her to have something for supper, he and the

young woman agreed to go to bed together, he asked me if it was any harm to me, I said no, I was as willing for her to go to bed with him, as not, and he asked me to quit the room, and I wished them a very good night, and I never saw him from that time, till the time I was taken a prisoner.

Court to Prosecutor. Had you any beer there? - Only one pot.

Court. If I understand you, they seized you the moment they came in? - The very moment.

Court. The candle was out then? - No, not then.

You was in bed? - Yes.

Was there any curtains? - None at all.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice NARES.

GEORGE ADAMS.
30th April 1783
Reference Numbert17830430-11
VerdictNot Guilty

Related Material

256. GEORGE ADAMS was indicted, for feloniously, and burglariously, breaking, and entering the dwelling house of Webbe Hobson , Esq ; on the 27th of March last, at the hour of seven in the night, and stealing therein a block-tin half pint pot, with a glass bottom, value two shillings , the goods of the said Webbe Hobson .

THOMAS HENDERSON sworn.

I am servant to Mr. Hobson, No. 50, Upper Charlotte-street ; on the 27th of March, I was in the kitchen along with my fellow servants, about half after seven at night, and one of them, who was a black woman, said, she thought she heard a noise in the parlour, I listened about the space of a minute, and I said, I am afraid there is somebody in the parlour, and I immediately ran up with a candle in my hand, and I saw the prisoner in the parlour, and I made towards him, then he was making his escape out of the window, he was on the chair that stood close by the window, I made a snatch at him with my hand, and he sprang out over the rails, and got out; I ran out of the hall door, and perceived the prisoner on the opposite side of the way, I cried Stop thief, he was running away when I saw him, and when he came to the corner of North-street, he turned round at the post, and put his hand in this manner, and said, damn you, keep off, I was afraid he had a pistol, and was going to fire; I stopped my head down, then he run, and I run after him, and he had not run many yards before he was stopped; nothing was found upon him.

Court. You are sure that he was the same man that you saw in the parlour? - Yes, my Lord, I am quite sure.

Was it dark or light? - It was dark, but I had a candle in my hand.

How far was he when you saw him again in the street? - He got on the opposite side of the way.

Are you quite positive? - Yes.

When had you been in the parlour before? - The windows were down I never remember their being left up, I am sure they were down, for my master was gone to the Royal Circus; and they were left down when he went out, and I am sure nobody else opened them.

Which way did this man get in? - He got into the parlour window, because the blind was forced almost down, and in his endeavouring to get out, he forced it down entirely.

How do you know that this pint mug was lost? - When I waited at dinner, the mug was there then, and when my master went out it was there.

And what became of it afterwards? - I cannot be sure, we missed it when we came to look into the parlour to see what was gone.

Was there any plate on the sideboard? - Some.

None of that was gone? - No.

You did not see the mug in the prisoner's hand? - No, my Lord, it was never found afterwards.

TIMOTHY EVANS sworn.

I was going to my master's house, No. 28, Charlotte-street, as I knocked at the

door, I heard the cry of Stop thief! I stopped the prisoner, and we took him back to Mr. Hobson's house, and I went into the parlour, and saw the blind tore from the bed of the window.

How far was the prisoner from the house, when you saw him first? - I cannot say.

Was any thing found upon him? - No, only a knife.

PETER DELABOIG sworn.

I am a marble polisher, on the 27th of March, about eight at night, I was going along North-street, I heard the cry of, Stop thief! in Charlotte-street, and I saw the prisoner running across the end of North-street, and the prosecutor at his heels, the prisoner turned round, and put himself in a position, as if going to fire a pistol at him, then he ran again, and he was stopped by Timothy Evans ; I collared him, we conducted him to Mr. Hobson's house, when we got into the hall he desired me to loose hold of his arm, for it was sore; upon my refusal he swore an oath, and said, if I did not, it should be worse for me, and he was feeling under his coat on his left side, I desired a man to search him, and he took that knife either out of his side pocket, or out of his waistcoat pocket, I cannot tell which.

Court. What did he say for himself? - He said that he heard a cry of stop thief, and that he ran to catch the thief.

JOHN LEE sworn.

I am the patrol, I brought him to the watch house, at first he said he would go quietly, then he began to kick his legs, and lean backwards and struggle; at last we got him to the watch house.

PRISONER's DEFENCE.

I was coming down the street, and heard an alarm of stop thief, a gentleman came and laid hold of me, and said, I believe you are the thief, I said, I am not; he said, I will take you whether you are or no, they searched me, and I had nothing about me; I have no witnesses.

Court to Jury. If the windows were open, and this man got in at the open window, it will not constitute a burglary; there must to constitute a burglary, be breaking or entering; the lifting the latch, or lifting up a sash, is a sufficient breaking in point of law.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

JANE GRIFFITHS.
30th April 1783
Reference Numbert17830430-12
VerdictGuilty > theft under 40s
SentenceCorporal > private whipping; Imprisonment > hard labour

Related Material

257. JANE GRIFFITHS was indicted for feloniously stealing, on the 5th of March, 1782 , two silver table spoons, value 10 s. one cotton gown, value 8 s. one cotton petticoat, value 4 s. one dimity petticoat, value 5 s. four linen cloth aprons, value 12 s. one worked lawn apron, value 3 s. three lawn caps, value 3 s. two muslin neck handkerchiefs, value 4 s. one diaper table cloth, value 8 s. three lawn stocks, value 6 s. and five pair of cotton stockings, value 5 s. the goods of Joseph Perry , in his dwelling house .

JOSEPH PERRY sworn.

I live in Great Stanhope-street, Clare Market , the prisoner lived servant with me, about a fortnight or thereabouts; on the 5th of March, 1782, Mrs. Perry having a large wash, had an occasion for a washerwoman to assist her, she came early in the morning, about four o'clock, and knocked some time at the door before the prisoner let her in, and then set the washerwoman to wash, and gave her part of the linen, about five o'clock the woman came and knocked at my chamber door, to enquire what was become of the maid, she said she should come down to assist her in washing, and to know whether we knew any thing of her, we told her we thought she had been with her; I arose and could not find her; when Mrs. Perry came to examine, she missed those things that were in the indictment; in consequence of that I went in pursuit of her, I thought as there was a load of things, for there are many things that were not in the indictment, that unless she had some accomplices she could not be gone far; I applied to the office in Bow-street, and we advertised her, and could find nothing of her, but about six weeks ago Mrs.

Perry going towards White-chapel, saw the prisoner standing at a publick house door, with the gown on.

MARTHA PERRY sworn.

I missed the things mentioned in the indictment as soon as the prisoner went, I saw the cloaths and the spoons the last thing when I went to bed the night before, I am sure of it, and the spoons on the table.

What became of the washerwoman? - She is here.

Where did you see the prisoner? - Returning from Deptford, I saw the prisoner and another woman sitting at a public house door near Iron-gate.

How came you to know her again? - Very well, I put my hand upon her, and said, oh! Jenny how could you rob me so, and she struck me twice, till she stunned me, and then she ran over Tower-hill, I called after her as well as I could, and this man took her.

Are you sure that that gown that was upon her when she was taken, was your gown? - Yes, I am sure of it.

What did you know it by? - When it was almost new there was a spark of wood struck it, and I strove to match the colour, and there is a piece put in, and I have a piece of that colour at home.

You have no doubt at all but that is the same gown you lost? - No, my Lord, and here is a piece the fellow of it.

Did you ever get any of the other things that you lost? - No, my Lord, she made me no answer, but struck me twice, she was gone above a twelvemonth before she was taken.

THOMAS HORNTON sworn.

As I was going over Tower-hill, just by Iron-gate, I saw this Mrs. Perry stop the prisoner, and she struck her twice, and she run away, and I caught her, and brought her to the officer, and had her secured, and I had a bit of the gown cut out at the Justices to be sure of it.

PRISONER's DEFENCE.

I bought the gown about six months ago of a woman, that might be a Jew woman, I gave eight shillings for it.

Court. Have you the woman here that you bought it of? - No, my Lord.

How came you to leave your place? - My master and mistress fell out and had very great words, and I really thought there would be murder, and they both fell a fighting, and I was rung up before I had been in bed a quarter of an hour, and then they sent for me up again, and there was my mistress all undressed and her mouth all bleeding, my master was in his shirt, and my mistress had the poker in her hand, and they had broke some glasses, and I went down stairs again, and I had not been in bed long, you know, madam, you was at the top of the stairs, and you said my master was gone to fetch a watchman, and I was so frightened I did not know what to do.

Court to Mr. and Mrs. Perry. Is there any truth in this story? - None at all, it is totally false what she says.

Did not the watchman come in? - No such thing.

Court. You had no quarrel that night? - Not that I know of.

Prisoner. Please you my Lord, they did not go to bed till past three o'clock, and you know, madam, you came down and struck a light to take into the parlour; and as soon as the washerwoman came, I went my ways, you know the watchman came in, do not you remember you came down, and you asked me particular where the tinder box was? I have no witnesses.

Mrs. FORESHALL sworn.

Are you the person that went to the house of Mr. Perry to wash, at the time the young woman left her place? - Yes.

What time did you come? - A little after four.

Who let you in? - The maid.

How often did you see her after? - Not above two or three times, she went backwards and forwards to bring the things, she said she was going into the yard, she said that my master and mistress had had a few words, she told me that when I first came, she said that they were just gone to bed.

Did she complain of it and express any inclination to leave her place? - None at all.

Had you known the family before? - Yes.

What is Mr. Perry? - A bricklayer.

Did you tell them what this young woman said? - Yes, Sir, I told them, that how I thought she was gone into the yard, for she told me she was going; and I think she answered me out of the parlour, when first I came, but I am not sure; my mistress got up directly when I called her.

Court to Mrs. Perry. Why did you deny this disturbance that happened at your house? - I think my word is to be taken, we had no disturbance in the house; I generally pack up every bit of linen, and set it down, and look it over, I am very particular to see there is not a stitch out, or a wristband, or any thing at all.

Court to Mr. Perry. What were those things worth that you lost? - I have not set half a quarter the value on them.

What might they be worth at a low valuation altogether? - About fourteen pounds, they are not laid above the value of four pounds in the indictment.

Court. What might the gown be worth? - It cost me thirty five shillings without the making, the gown and coat together.

The prisoner called one witness who gave her a good character.

GUILTY, Of stealing to the value of thirty five shillings .

To be privately whipped and confined to hard labour twelve months in the house of correction .

Tried by the second Middlesex Jury, before Mr. RECORDER.

SARAH LEACH.
30th April 1783
Reference Numbert17830430-13
VerdictGuilty > with recommendation
SentenceDeath

Related Material

258. SARAH LEACH was indicted for feloniously stealing, on the 26th of March last, three yards of muslin, value 40 s. the goods of Daniel Gwynne , privately in his shop .

DANIEL GWYNNE sworn.

I am a linen draper , in Parliament-street , I was not present when the prisoner came into my shop, I only prove the property; the prisoner was taken the next day as she was going by my shop, she first of all denyed taking it, but afterwards she asked how much the muslin would come to if she was to pay for it, she said she knew nothing of it; after some little time she said, would I forgive her if she produced the muslin, I told her I should not, I should certainly punish her, I was determined to punish such people, as I had been frequently taken in; she begged I would forgive her, and if I would let my young man go with her she would let him know where it was.

THOMAS ROBINSON sworn.

I am shopman to Mr. Gwynne, on the 26th of March, the prisoner came to me, and desired I would shew her some fine muslins, either striped, spotted, or corded, she did not care which it was, but it must be fine and curious; I shewed her some spotted muslin, and some streaked, she bought a quarter of a yard of the spotted, and gave me four shillings and sixpence for it, in the mean time she stole a quantity.

What do you mean by one quantity? - It might be two yards and a half.

How do you know she stole it? - I did not see her take it, but immediately after she was gone I missed this muslin.

What did you miss? - Fine streaked muslin.

A piece or what? - I fancy there might be about three yards.

Was it a separate piece? - Yes, the piece had been in paper amongst the rest that I shewed her, and she asked me the price of it, I am sure of that, I cannot exactly say what it contained, but last Christmas when we took our stock, I measured three yards and a half, and no one in the shop can recollect cutting it since; but I cannot positively swear that any of it was not sold since.

Was it off that piece that she had bought? - It was part of another.

What might that piece that you missed be worth at prime cost? - It cost us seventeen shillings and six-pence a yard.

You cannot speak to the quantity there was then of it? - I cannot, she was got out of the shop, clear off before I missed it two minutes.

When did yo u see her again? - The next day she walked by the shop, I knew her again, and followed her directly, and charged her with it, she denied ever seeing it, she said she had been a very good customer and was very sorry such a thing should be supposed of her, as she had laid out a great deal of money; she told me she lived in Peter-street, Westminster, but afterwards we found she lived over Westminster-bridge; she continued to deny it for some time, but going to Justice Hyde's she caught hold of my hand and said, my dear sir, if you will forgive me, I will tell you where you may see the muslin; I told her it was out of my power to forgive her, she must apply to Mr. Gwynne; when we got to Justice Hyde's she denyed saying any such thing, she said it was the muslin she bought that she meant, upon that Mr. Justice Hyde granted a search warrant, and I went to her lodging and found part of the muslin, which was of the same piece that she took the day before, there was about a yard and three nails; after that she confessed where the remainder of that piece was; it was at the pawnbroker's in St. Margaret's church yard, I got it; there was about a yard and a half which she pledged for eight shillings.

ROBERT CLARK sworn.

Here is a yard of muslin which I took from the prisoner at the bar, I took it the 27th of last March, between ten and eleven in the morning, I am sure it was the prisoner, I have known her some time.

(The Muslin deposed to.)

PRISONER's DEFENCE.

I have been a person that has been very well brought up, and have been in a very good way of business, I have met with very great misfortunes, which has reduced me to do the thing I have done, which I do not deny; I was ashamed to beg; I did this wicked deed through the greatest distress, I have great friends to speak in my behalf that have known me from a child; and so I surrender myself to the mercy of the Court, and the Lord have mercy on my precious infant.

DANIEL PLEASE sworn.

I live at Lambeth Marsh, I am a carpenter, a house keeper, I have known the prisoner ever since she was ten years of age, she is now turned of thirty, she is a journeyman carpenter's wife, her husband is at home, he works for me, and has done for some years, they lodge with me, they have another child besides, the young one she now has in her arms.

Court. What character did this woman bear? - A very good one, I never knew any blemish in her character, she never had but one place, and she lived in it ten years.

Court. Do you know if her family is in any distress? - Yes, my Lord, they kept a chandler's shop and ran out a good deal of money, they were very much imposed on, and lost all they had, and I believe they are in very great distress; they owe me a great deal of money for rent, and I am sure they would have paid me if they could.

The Prisoner called four other witnesses who all gave her an exceeding good character.

Court to Jury. The defence of the prisoner is rather addressed to your compassion than your justice, for she does not deny the fact but pleads for mercy; therefore if you think her guilty, you are bound by your oaths to find her so, however painful it may be.

GUILTY . ( Death .)

The Prisoner was humbly recommended to mercy by the Jury.

Tried by the second Middlesex Jury before Mr. RECORDER.

MARY NASH.
30th April 1783
Reference Numbert17830430-14
VerdictGuilty > theft under 40s
SentenceCorporal > private whipping; Imprisonment > house of correction

Related Material

259. MARY NASH was indicted for feloniously stealing on the 5th of March last, six silk and muslin handkerchiefs, value 12 s. six pair of childrens stays, value 25 s. one linen gown, value 7 s. one cotton gown, value 10 s. three silk and cotton handkerchiefs, value 5 s. five other cotton handkerchiefs, value 5 s. three linen handkerchiefs, value 3 s. and one cotton shawl, value 2 s. the goods of John Blackhall , in his dwelling house .

SARAH BLACKSHALL sworn.

I live at Brentford , I am the wife of John Blackshall ; on the 5th of March, the prisoner came into our shop between eleven and twelve, there was no body in the shop when she came in, I did not see her take the things, but a little boy saw her with them in her apron, and I saw the things lay at the street door upon the step, and she was in the street running away, there were six pair of stays and two gowns, twenty three handkerchiefs altogether, but I cannot remember directly what sort they were, there was one cotton shawl, the prisoner was taken and brought back to the shop, she was charged with taking the things, and asked my pardon, and said she did it for want.

WILLIAM PRICE .

How old are you? - In my thirteenth year.

Do you know what you came here for? - Yes.

For what? - For this woman to be tried.

What do you come to do? - For an evidence.

Do you know the nature of an oath? - Yes.

What will be the consequence if you speak what is false? - If I take a false oath, I must go to the Devil.

Court. That is very true, and besides that you will be liable to be punished here for it.

Sworn.

My mistress was gone out of the shop into the kitchen, and left me to rock the child, I was in the parlour fronting the shop, I got up and said to the little girl that was with me, who minds the shop, and then I saw a woman going out of the shop with her lap full, and I opened the door and run after her and jumped down the steps, and before she got to the next door I caught her, and I asked her what she had got there, and she said, nothing, I said, I am sure you have, and you shall come back, she said I shall not you saucy dog, says I, I will make you, then she said, I will come back and shew you what I have got, and when she came to the steps, I saw her throw down the linen and run away again.

Court. Were these the same things that lay on the step when your mistress came up? - I cannot be sure of that, because I left them, and a gentlewoman picked them up.

( John Blackshall produces the things.)

Court to Mrs. Blackshall. How far was the woman and the little boy got when you found the things on the step? - About thirty yards, I saw the little boy running after her, and immediately on my coming out, I saw the things laying on the steps.

Court. How do you know them to be yours, have they any particular mark? - By handling them so often, and having them in my shop.

Court. But several of the things I see are common goods, the handkerchiefs for instance, have they any mark? - Several of them have.

Court. Pick out such things as you can be sure to speak to, Mr. Blackhall. - This gown I marked.

What may the value of that gown be? - Ten shillings, this gown I am sure of.

What may that be worth? - This is valued at seven shillings, it is marked to sell at ten shillings; the stays are all marked.

Court. Were they marked before they were lost? - Yes.

What may the stays be worth? - I valued them at twenty five shillings.

PRISONER's DEFENCE.

I never was near the shop, I was used very ill indeed by that boy coming from the Justice's; he used me very ill, and as for an apron, I had no such thing on; the boy said coming away, he would have a journey to London, he liked the ride. I have not a creature in the world to speak for me.

Jury to Price. Did you ever lose sight of the woman, after she dropped the things? - No, Sir, only when she turned the corner.

How long? - Not a minute.

GUILTY Of stealing to the value of 39 s.

To be privately whipped , and confined six months in the house of correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

ROBERT ROGERS.
30th April 1783
Reference Numbert17830430-15
VerdictNot Guilty

Related Material

260. ROBERT ROGERS was indicted for feloniously stealing on the 15th of March last, one pair of silver shoe buckles, value 10 s. the goods of Mary Lindsey , spinster .

MARY LINDSEY sworn.

I have known the prisoner, backwards and forwards in the street, for a twelve month and better, I was in my uncle's house in Westminster , in the back yard, on the 15th of March, and the prisoner took the opportunity of coming through the house, and forced the buckles out of my hands.

Court. But he did not do that at once I suppose, tell us all that passed between you? He had often asked me for them, and I told him I could not give them to him, because my mother would be angry.

How came the buckles in your hand? - I was going to put them by.

What in the back yard? - No, Sir, I had them in my hand.

So he took them by force, and carried them away? - Yes.

How long did he stay, with you that time? - Not ten minutes.

What did you do about the loss of these buckles? - About a fortnight afterwards, one of his comrades wives told my uncle of it, and he told my mother, and then went for a warrant.

Court. You got a warrant, after your mother knew of it? - Yes.

Court to Jury. You need not go any farther on with this I believe gentlemen.

NOT GUILTY .

Court to Mary Lindsey . Your uncle should have had more sense, than to have made you come here, on such business as this.

Tried by the second Middlesex Jury before Baron EYRE .

FREDERICK WILLIAM EALIAS.
30th April 1783
Reference Numbert17830430-16
VerdictGuilty
SentenceTransportation

Related Material

261. FREDERICK WILLIAM EALIAS , was indicted for feloniously stealing on the 27th of March last, one leather cloak bag, value 2 s. two horse rugs value 4 s. one pair of cotton velvet breeches, value 20 s. twenty four case knives with ivory handles, value 8 s. twenty four case forks with ivory handles, value 4 s. one silver table spoon, value 10 s. two teaspoons, value 3 s. the goods of Thomas Newnham , Esq ;

THOMAS NEWNHAM , Esq; sworn.

I live in Hatton-street , the prisoner was my second footman , I cannot say I missed any thing, only as my servants informed me, on the 27th of March: The prisoner came to live with me about the 6th or 7th of December, in consequence of a very good character, and upon my servant's informing me, that I should find many things missing, particularly two horse-rugs, and a pair of new Manchester breeches, (I had given new liveries just before,) I went into the stable and bade the prisoner put the horse rugs on; he seemed much confused, and asked the coachman were they were; then he said, he was going to fetch them; says I, you shall not go out, for I will know what is become of them, I desired him to come into the parlour, and taxed him with it; he said it was poverty, and that his wife was in distress, and that he had taken them home to cover her; I told him poverty I pitied, roguery I detested; however, that there were a number of other things, I must enquire about, he said he had pawned his breeches, there were some knives and forks, some silver spoons, he said, he had taken three of them, and pawned them, one gravy spoon two tea spoons, and pawned three more of them, but when I was going down in the country two days before, that I might have them tea spoons to breakfast, he had taken them; he told me where they were pawned, and some of the pawnbrokers are here.

Prisoner. My Lord, as I have no council nor attorney, my circumstances not permitting me to employ any, I would wish to ask Mr. Newnham whether he had missed any thing in his house, excepting the two horse rugs? - I have just said, that I missed nothing till my servants told me.

Court. I fancy what he wants to know is, how you came to know it.

Prisoner. Had you missed any spoons, Sir, before I told you they were pawned? - No, I had not.

Prisoner. I should be glad to know, what Mr. Newnham means by several other things, that were found at my lodgings.

Court. He cannot properly answer that, the constable and servant that went to search your lodgings will answer it.

JOHN NORMAN sworn.

I am footman to Mr. Newnham, I went with the constable, and found the things at the pawnbrokers.

Did you find any thing at the prisoner's lodgings? - Yes, my Lord.

Where were his lodgings? - In Wine-street, just at the top of Hatton-street.

Who did you find in the lodgings? - His wife was just coming down stairs as we went in.

What part of the house did his wife lodge in? - I believe it was one pair of stairs.

How do you know it was his room, or his wife's room? - The wife went back with us into the room.

What did you find? - I found two horse cloths, and a little portmanteau; there were a dozen knives and forks in the room.

Do you know any thing of these things being missed from the house? - Not from the country house, my Lord.

But from the town house? - I suspected there were some things missing, there were a dozen knives and forks, my Lord, missing, there was no particular mark on them.

THOMAS HOTCHKINS sworn.

I am a constable, I went up into the prisoner's apartments with his wife, we met her at the door, she was going to the prisoner, he sent for her; she shewed us up stairs, and the footman saw the horse cloths, says he, them are our horse cloths; then she took them off the bed, and gave them to him; and I asked her, have not you some knives and forks, yes she said, then she went to a little closet by the fire side, and brought some knives and forks, and gave them to the footman; likewise the footman said, that is my master's portmanteau, she said it was.

Court to Norman. Do you know the portmanteau, and the knives and forks? - They are very much like my master's.

Mr. Newnham. The portmanteau is mine, and the other things are exactly like the things I have got.

SAMUEL LOWE sworn.

I am a pawnbroker in Baldwin's-gardens, I have twelve knives and forks, a pair of breeches, a table spoon, and a tea-spoon, I took them of the prisoner; the tea spoon the 18th of January, the twelve knives and forks the 18th of February, the table spoon, the 19th of March, and the breeches, the 21st, in the name of William Smith , (The things deposed to by Mr. Newnham) the great spoon has my crest on it, the tea spoon has the letter N I can likewise, swear to that; the other things are exactly the same pattern as these that I have, the breeches are the same that I give to my servants, my servant has the exact fellow pair on, but the taylor is here that made them.

JOHN EDWARDS sworn.

I am apprentice to Mr. Coates the corner of Dove-court-lane; I have one silver tea spoon, I am not positive whether I took it of the prisoner or his wife, it was pledged in the prisoner, wife's name, on the 22d of January, there is the letter N upon it.

The spoon deposed to by Mr. Newnham.

THOMAS JONES sworn.

I am a taylor, I made these breeches for Thomas Newnham Esq;

Court to Prisoner. Now, Sir, this is the time for you to make your defence.

Prisoner. Does pawning the property with intention to steal it, or to replace it again lessen the crime, my Lord, if the intention is proved.

Court to Prisoner. How far, it may mitigate the complection of the offence, so as to make you the subject of mercy or not, is one thing; but the question is, whether the replacing it will reduce it from a felony, to a misdemeanor of any other kind, and I say no; it is felony for a servant to pawn

his master's property without his consent; I am not bound to give you his answer, at this time, but as you have put the question, I do it.

PRISONER's DEFENCE.

When I went to hire myself as a servant to Mr. Newnham, which was about the 6th or 7th of Dec. he said, I should have so much per year, and a livery, and that, as it would be some time before his other servants came, I should wear my own cloaths till then; and he would allow me something for wearing them; and as I was to go out with the carriage with my lady; he expected me to go very genteel; I told him I had sufficient cloathing, to appear as genteel as any gentleman in the city; I served him near three months before I had my livery, in the course of that time Mr. Newnham and his Lady, had frequently complained, that they were ashamed to go out with me, because I could not keep myself clean enough; I had things in pawn, which I wanted to redeem, as soon as I could get money; and I pawned these things to redeem those: I acknowledge the pawning of them: My master gave me orders to buy a sack of oats, and desired me to pay for it, I was loath to expose my poverty to my master, and those things, which were given under my care, under my own lock and key by his desire, and which, if I had lost any, I must have been answerable for them, I pawned: I put in one of his table spoons, to pay for the sack of oats, he shortly after paid me for those oats; then I got it out again; and I found my livery did not come so soon as I could have wished, and as I had put them in and got them out again to pay his expences, I thought I could do them again for myself; when the quarter was due, there was about three pounds due to me then, and with what money I had in my pocket, I could have redeemed them, I was very urgent for the money, he said he would pay me the next morning, but he did not; he was generally very busy in the morning, and if he was troubled by a servant carrying in a message, he used to be in a passion; and I did not like to trouble him; he paid me I believe about three weeks after my quarter was due; he gave me two guineas, in part of my quarter's wages; at the time the horse cloths were missing, he asked me for them, I told him, I believed they were in the manger, and I pretended to look about for them; but knowing they were not there, he called me into the parlour, and said, William you know where they are, and if you will not get them, I will charge a constable with you directly; I told him I had a wife and a child at home, and had taken an unfurnished lodging, and that they were at home; I told him that a friend had lent me some things; and he asked me before the constable, if there was any thing else pawned; he said, he had missed a pair of shoes, but he saw they were brought back again, I told him they were pawned the corner of Dove-court, them I fetched home as soon as he paid me my wages; these dozen of white handled knives and forks, were pawned at Mr. Jarvis's, in Fetter-lane, I was going out with my master behind the carriage, before I went out in the morning, I gave my wife a pair of silk stockings, which I had bought to pawn, and says I, fetch that dozen of white handle knives and forks, and when I return I will replace them, two days before I had redeemed four tea spoons from the corner of Dove-court, and carried them home in the country, and there left them; this portmanteau he desired me to lapsup a couple of young pigs, and bring them to town, one I was to leave at my master's, and it is a portmanteau that I generally buckle behind my saddle; I had two or three pair of shoes, stockings, &c. I brought th em from the country; and carried them, and the pigs, all the things in this portmantua, left it at my lodgings, with the things in it; and not with intent to steal it: And was he to speak like a gentleman, he would signify to your Lordship, that he does not believe, I meant to defraud him of any of the things; he promised me before the constable, that provided I should make him an open confession, and he promised the constable, which I doubt not will not deviate from the truth, that he should not hurt me, if he got his things again; he said, he would sooner

prosecute the pawnbroker, than he would me, and it is well known, my Lord, by the pawnbroker, that I had put these things in at different times, as I was necessitated for money for his use; and he did not pay me my bills weekly, sometimes it was longer; I have a wife near her time of laying in, and four small children besides, destitute of every thing in the world; another thing I wish to represent, Mr. Lowe, when I offered the knives and forks, he asked me to sell them, I said, no; if I had meant to defraud my master, I certainly should make the most of them; I pawned nothing, but what was under my own care, if I had a mind to have robbed him, I could have robbed him of seventy or eighty hundred pounds worth of plate; I am now at the mercy of your Lordship, and I hope your Lordship, and the Prosecutor, and the Jury, will prove merciful to me. I have not one witness here, I was informed in Newgate by Mr. Pitt, that I should be tried by the London Jury, and there was not one of the trials before the London Jury, was to come, till such times as the country was finished, and Mr. Pitt, the turnkey, told me this morning, I should not be tried to day.

Court. If that was the case, and if you really could have had witnesses, why did not you when you came up now, state it to the Court, and desire to have your trial put off.

Court to Mr. Newnham. He has stated it as a fact, that before he had made any confession to you, you promised him you would not prosecute him? - I deny that, all that I said to him was, from the time, I took him in the stable, till the constable took him with me to Mr. Justice Blackborow, I said to him, William, I will not lose sight of you, I will have all my things, and when he went down on his knees, and made use of horrid words, such as wishing, that God Almighty would never receive him into his favor, if he had taken any thing of mine, I said, I would know; he then said, he had pawned them. I believe I had bespoke some oats, which were not come in; I did send him to buy a sack of oats, I paid him the next day, but I constantly paid him every Wednesday, when he came to me, he appeared to be very poor, and upon his coming to me, I gave him a couple of guineas, and when he asked me for his wages, I gave him a couple of guineas.

Prisoner to Mr. Newnham. Did you give me a couple of guineas at first, it was only one guinea, and that was to lay out for cards.

Mr. Newnham. Here is the prisoner's receipt.

The prisoner's receipt produced for four guineas.

Prisoner to the Constable. Did not you hear Mr. Newnham promise to forgive me, if I would tell where the things were? - The thing was asked by the prisoner, but as to Mr. Newnham ever speaking a word that he would do such a thing, I do not recollect it, and I was in the room all the while.

Prisoner to the Council. Did not Mr. Newnham promise before you, that he would not hurt me, provided I would tell? - I say no.

Do not you recollect when we were coming from Clerkenwell Bridewell, one of the constables asked you if Mr. Newnham had shewn me any favour; did not you acknowledge in the coach that you heard him say, that he would not hurt me, or prosecute me if he could any ways help it, and upon my telling him the truth; and did not you say, that you did not believe Mr. Newnham would hurt me? - I did say that I did believe Mr. Newnham would not hurt you if you told the truth.

Prisoner. Ah! Mr. Hotchkins. My Lord, I am entirely at your mercy, and the mercy of the Court, my life is sworn away in a malicious mannner, and I submit myself to my fate; God knows in my conscience I am clear of ever having any intent of robbing my master, had I had a mind to have done it, I could have done it frequently: I am ready to submit to my fate, if it was to go to be hanged, but it is my duty to beg for my poor disconsolate wife and family;

if I must be banished my country, I must; but I humbly beg of your Lordship to inflict any imprisonment upon me, even during the remainder of my life, so that I might but see my wife and children, and I should be for ever bound to pray for your Lordship.

Court to Jury. You perceive, Gentlemen, by this indictment not being laid capitally, there could be no intentions against this man's life, however the strictness of publick justice, and the nature of the offence, which is, that of a servant robbing his master, might have called for a capital prosecution: A servant pledging his master's property without his consent, without any regard whether he had any intention in his mind to reinstate them at a future time, I cannot hesitate to state to you as a felonious taking; if it was not so, no man who has servants would be safe in his property; every servant that pawned his master's property might assert, that he he had such a mental reservation. The prisoner has told you a long story, the amount of it is the acknowledging the pledging these things, but endeavouring to give some colour for the pledging; not at all meaning as he asserts, to wrong his master in the end; whether his manner of telling his story was calculated to make a favourable impression or not, is a question not material for me to state to you; but the effect of it is, that his defence amounts to a confession, because it is confessing the having pledged his master's property without his consent: The prisoner has said a great deal of the circumstance of being surprized with regard to his trial coming on; whether he could have had any witnesses to his character, I do not know, but no man in this place is pressed or hurried to his trial, where there is a hope that a little delay will be of any service to him; and the prisoner might have had the same indulgence, if he had mentioned it in time, that prisoners have, and will continue to have whilst the law continues to be administered in this place: the case is therefore, to be taken upon the facts, and upon the facts I do not find a question, on which there can arise a matter of doubt; the matter of fact is, the prisoner has whilst in his master's service, without his master's knowledge or consent, taken his master's property out of the house, and also had part of his master's effects in his possession; there is one single article, that he has given a reasonable account for, which would, I dare say, have been received by you, and that is in the case of the portmanteau, but there are other articles, to which no answer has been given, and therefore, there is sufficient evidence of a felonious taking, which amounts to a proof of this indictment.

GUILTY .

Prisoner. My Lord, I would wish as a favor, that your Lordship will pronounce sentence upon me now at the bar.

Court. Sir, you have no pretensions to extraordinary favor; I do not think your case nor your manner of conducting yourself at the bar, nor your manner of talking of your master, entitles you to any favor. - Withdraw your prisoner. - (The prisoner taken away, but called back by order of the Court.)

Court to Prisoner. Sir, you have alledged, that you were surprized by being tried now; expecting to be tried in London; now there is I understand another indictment against you in London, and therefore, if you think it will be of any use to you, and will give you any opportunity of representing your character and conduct in a favorable light, that you should be tried on that second indictment, the Court will go out of its usual course, by trying you a second time.

Prisoner. My Lord, I thought the things I have been tried for now, were from the country house.

Court. Sir, you have nothing to do, but to answer the question; do you desire to have an opportunity of being tried on that second indictment.

Prisoner. What is it an indictment from Mr. Newnham.

Court. Yes, Sir.

Prisoner. I do not understand the meaning, of your Lordship's question.

Court. Sir, the meaning is this, you complained that you was surprized, that you had not an opportunity of bringing your friends here to speak for you; I now tell you, I will give you an opportunity of bringing your friends here to speak for you, if you wish to be tried on that second indictment, it might alter perhaps, the sentence of the Court, with respect to the degree of punishment you deserve: Do you desire to be tried on the other indictment.

Prisoner. My Lord, I really am surprized in respect to the other things.

Court. Take him from the bar.

Transportation for seven years .

Tried by the second Middlesex Jury before Mr. BARON EYRE .

JOHN MEES.
30th April 1783
Reference Numbert17830430-17
VerdictGuilty > lesser offence
SentenceTransportation

Related Material

263. JOHN MEES was indicted for feloniously and burglariously breaking and entering the dwelling house of Richard Upton , at the hour of three in the night, on the 17th of April last, and feloniously stealing therein two china bowls, value 4 s. one linen table cloth, value 2 s. one china tea pot, value 1 s. six china tea cups and saucers, value 3 s. three china basons, value 2 s. one delf bason, value 3 d. two stone basons, value 4 d. one stone milk-pot, value 1 d. one glad salt holder, value 3 d. and four pewter spoons, value six-pence, the goods and chattles of the said Richard Upton .

RICHARD UPTON sworn.

I live the corner of Southampton-row, Lisson-Green, near Paddington , I am a publican ; on the 16th of April, at eleven at night, my house was made quite secure.

Who was last up? - My wife and servant.

Are they here? - No, my Lord.

Who fastened the door? - My servant, I did not get up before seven in the morning, we never discovered any thing of it till then; then I went out of the outside of the bar, and I saw the outer part of the grove cut away, which seemed to be cut with a knife; the right hand shutter must have been taken down, and the next shutter slipped, that he might come to the other sash, he broke the bottom square of the middle sliding sash; I saw it shut up about nine; I lost the things mentioned in the indictment, the bowls would hold about three pints a piece, the spoons were three tea spoons and one table spoon.

WILLIAM SMITH sworn.

I live at the corner of Theobald's-row, Red Lion-street, I am a tallow chandler, and I had been making candles, and they were put out to cool, on the 17th of April, between five and six in the morning, and seeing the prisoner at the bar coming from Holborn, as there had been a fire that morning in Turnstile, and I suspected he had stolen the things from the fire; the prisoner's stockings were very black with dirt; he went down King's-road and I followed him at a distance; he turned into Gray's-Inn-Lane, and I perceived he was going the way that he had come, which I thought very singular; when he come to the corner of Portpool-lane I stopped him; says I, my friend you have china here, how did you come by it; says he it is my own, I have brought from Paddington; I perceived he had some other things; I let him go, and watched him; another man came up, and we followed him into Bradshaw's-rents, he got into a yard, and was clapping the things down, says I my friend you live here do you, yes says he, a gentleman put up a window and said there is nobody lives there, and I collared the prisoner, and I found this knife, which is a butcher's knife, upon him; the china was tied up, flung in any how, so that it seemed to be a very large bulk, and he carried it before him, and it went rattle, rattle; I believe I may have broke some myself in carrying them backwards and forwards.

(The things deposed to.)

HENRY KILMISTER sworn.

As I was going to work in the morning I came up Portpool-lane, and Mr. Smith and some more people were talking to the prisoner, I looked hard at the man, and seeing his white stockings were very dirty, we thought it was with the fire at Holborn,

the man was going down and was got some way Smith, it is very proper for there were pigs upon followed him to Bradshaw's-rents into the court where the prisoner was, we asked him what he was going to do with the things, he lived there he said.

Court. Had he put them down in any house? - No, in the open court, and a man that was looking out at a window said, no man lived there, it was an empty house; then we seized the prisoner and the goods; he made no resistance, he said he had the pigs from Paddington, and some of the goods were sent out of Hertfordshire.

Court. How far is Lissen-green from Theobald's-row? - About a mile and a half, or two miles.

How long would a man be walking there? - Being loaded he could not come very fast.

PRISONER's DEFENCE.

My Lord, I know nothing at all of the affair any further than this, as I told the gentlemen when they took me; I was going to the Rose, in Fleet-market, and I had the things at Mary-le-bone Turnpike, I was hired as a porter to carry them, I in Portpool-lane, at Bradshaw's-rents a basket maker lived; it is I should commit this robbed this says against me, because Clerkenwell but that very day, I have sent for Mr. Fletcher, he says I am very done by.

Court to Jury. Gentlemen, this is a capital offence, now you know extremely well, a burglary must be committed in the night time, it is possible that there was time to have taken these things very early in the morning while it was light, as I believe the sun rises before five in the morning; as to the taking of the goods, they were found upon him, but as for the burglary, I own, I think it is going too far to say he was guilty of that, because he might have taken them in the morning.

GUILTY. Of stealing, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice NARES.

.
30th April 1783
Reference Numbert17830430-18
VerdictGuilty > with recommendation
SentenceCorporal > private whipping

Related Material

264. MARY SMITH was indicted for feloniously stealing, on the 20th of February last, two linen shirts, value 4 s. the goods of Edward Humphrys .

ISABELLA HUMPHRYS sworn.

I am wife to Edward Humphrys , I live in great St. Ann's-street, Westminster , I missed two shirts some time in February from my one pair of stairs room; I had no person in the house but my own family, the shirts were found at Mr. Wright's, the pawnbroker's, the prisoner lodged in my two pair of stairs front room.

Court. Did any body lodge with her? - Nobody.

How long had she lodged with you? - Four or five months.

Where was she when you missed your linen? - She was just gone out, she never came home till I took her, which was on the third day after, at St. Martin's workhouse; Mr. Wright's man produced two shirts, which he took in pledge of the prisoner the 28th of February.

(The things deposed to.)

PRISONER's DEFENCE.

Sir, I was in great distress, I was a widow with two small children, I buried my husband out of her house.

Court. But your being in distress was no reason why you should rob that poor woman.

Prisoner. I meant to return them again, she knows I have worked at several places; I have no friend in the world.

Jury. I know the woman's face, I know she is a poor woman.

Court. The fact is clear, and we must not relax it, we must not allow persons upon any pretence whatever to pawn other persons goods without their consent.

GUILTY .

She was humbly recommended to mercy by the Jury.

Court to the Prisoner. You will have favour shewn to you this time; but if you are not able to maintain yourself by honest industry, apply to your parish.

Upon the recommendation of the Jury to be privately whipped and discharged.

Tried by the second Middlesex, Jury before Baron EYRE .

ANN LOVELL.
30th April 1783
Reference Numbert17830430-19
VerdictGuilty > with recommendation
SentenceDeath

Related Material

265. ANN LOVELL was indicted for feloniously stealing on the 5th of April last, one silver tankard, value 5 l. the goods of Edward Hall , in his dwelling house .

EDWARD HALL sworn.

I am a publican , I live in the Parish of St. George's Middlesex, at the White Swan, Old Gravel-lane ; I lost my tankard the 5th of April, about six in the evening, the prisoner and a girl came into my house, and went through into the kitchen.

Did you see them? - There was nobody in the house.

Then you know nothing of that? - When I came in, I saw the prisoner in the kitchen, and a girl alongside of her, they called for a pint of beer, I drew it, the prisoner drank it, and came up and paid me; and about eight I missed my tankard, I found it in the prisoner's room, on the bed by her; there happened to be a woman that knew the girl, and by that information, I took the constable, and we went to the girl's mother, in New Gravel-lane, and we found the girl at the bottom of the stairs, and I took hold of the girl, and asked her where the woman was, that was along with her, and she said, she would go along with me to shew me, but she desired to go up to get her bonnet first; she did so, but finding she staid longer than, I thought necessary, I went after her, and going up stairs, I heard something like the lid of a tankard rattle on the stairs, this was pretty nigh nine o'clock, and when I came up, I saw the prisoner standing by the side of the bed, I said, you have got some of my property; I bade her undo her bundle, she said, she would not, I took her by the arm, and turned her round, and saw the tankard on the bed by her.

(The Tankard produced and deposed to.)

Court. How old was the girl, that was along with her? - Between 12 and 13, here is B. S. F. in a cypher, which stands for Barnard and Sarah Fountain , which were the people that kept the house before, and here are three letters of mine, and my wife's names.

JANE DICKSON sworn.

The prisoner came to our room, and asked Elizabeth Yelling to go with her, and I desired her not to go, and she said, she would; they went, and I fancy they were an hour gone, when they returned the prisoner said, she had got a prize, and it was all her own; I did not ask her what it was, she was a little in liquor, and I desired her to go home, and she would not; about an hour after the gentleman came, and the child came up stairs, and bade the prisoner give up what she had, for the gentleman was come, and I saw the gentleman pick up the tankard off the bed, in the child's mother's room.

Court. How came the prisoner in that room? - She had brought two or three things to wash there, it is a dwelling room, that we and the children live in.

ELIZABETH YELLING sworn.

How old are you? - Between twelve and thirteen.

You know you are to speak the truth? - Yes.

What do you know about the prisoners taking the tankard? - The prisoner was at our house when I came from school, and she asked me if I would go with her to get a gown out of pledge, and she went to the pawnbroker's to get a muslin apron and a gown out of pawn; and she went to the gentleman's house, and went right through the kitchen, and opened the closet door, and took something out, but what it was, I could not tell, and she afterwards shewed me the tankard, as we were going home; and I was afraid to go and tell the gentleman, for fear my mother should hurt me, and I set on my own stairs; and the gentleman came, and asked me where the woman lived that was with me, and I told him at the Bell in King-street, and I asked him to let me go for my bonnet, and I happened to see the prisoner by the fireplace, and I told her that the gentleman was come, and she must deliver up the hings.

PETER PLEASE sworn.

I went with the prosecutor.

Was you present when the tankard was found? - I did not see him take it off the the bed.

PRISONER's DEFENCE.

On Friday evening, this girl's mother sent for me to go of an errand, and she asked me to drink; she had an old gentleman a Scotchman with her, she said, this old man has got a watch, and she wished me to take it; on Saturday morning she sent for me again, and asked me to drink; and she told me I had better go and lay down on her bed, she thought I was a little in liquor; and in the afternoon I laid down, and about two I got up, and she was gone out, I asked where she was; I went to get me something to eat; and had two penny worth of pigs face, I went to a pawnbroker's, and took out a red cloak and apron; I came by Mr. Hall's door, and went in and had a pint of beer, the girl came home, and had something lapped up in her apron, she flung it into my lap, I was standing in the middle of the floor, when this gentleman came up stairs, and he found this tankard on the bed, I have nobody here, they were here last night.

Court. Then the next thing is, why do you keep company with a girl of that character.

Prisoner. I know no ill of her.

Jury. My Lord, cannot we bring it under forty shillings.

Court. You are to exercise your own judgment! The Court does not enquire into value, in order that Juries may exercise a degree of liberality; though to besure this is not like the case of grand and petty larceny, because there 12 d. was a rule that was established many, many hundred years ago, and there is a vast disproportion, between the value of 12 d. then, and 12 d. now: But this depends upon the value of money, since King William's time, in which there is not so great a difference: I do not know how many ounces this tankard weighs; the value is not found by evidence before you, to be above forty shillings, th