Old Bailey Proceedings.
19th February 1794
Reference Number: 17940219

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Old Bailey Proceedings front matter.
19th February 1794
Reference Numberf17940219-1

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace Oyer and Terminer, and Gaol Delivery for the City of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 19th of February 1794, and the following Days; Being the THIRD SESSION in the Mayoralty of The Right Hon. PAUL LE MESURIER, Esq. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY MANOAH SIBLY, PROFESSOR OF SHORT-HAND, No. 35, Goswe-Street, And Published by Authority.

NUMBER III. PART I.

LONDON: Printed and published by HENRY FENWICK , No. 63, Snow Hill. PRICE ONE SHILLING and FOUR-PENCE.

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

BEFORE the Right Honourable PAUL LE MESURIER , Esq. LORD MAYOR of the City of London: The Honourable SIR FRANCIS BULLER , one of the Justices of His Majesty's Court of King's Bench: The Honourable ALEXANDER THOMPSON one of the Barons of His Majesty's Court of Exchequer: SIR JOHN WILLIAM ROSE , Serjeant at Law, Recorder of the said City: JOHN SILVESTER, Esq. Common Serjeant at Law 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.

1st London Jury.

Joseph Stafford

George Wilmot

Wm. Hopkins

Js. A. Dixwell

John Robinson

James Chabot

Thos. Nelson

John Capron

John Thomas

Joseph Harris

Chr. Foresyth

John Rous

2d London Jury.

George Rider

Thomas Manley

Joseph Stafford

James Chabot

Wm. Hopkins

Js. A. Dixwell

John Back

John Capron

John Thomas

G. Higginbottom

John Farmer

Joseph Harris

3d London Jury.

Wm. Prater

Rd. Williamson

Samuel Yates

Richard Grove

Chr. Foresyth

John Rous

Wm. Crannage

John Beard

John Steward

Joseph Roberts

John Holt

John Berisford

1st Middlesex Jury.

Rd. Holbrooke

John Hall

George Young

Jas Hagarth

Thos. Holmes

Paul Barbut

Rd. Mortimer

George Malpas

Joseph Bowman

Thomas Findall

Nathl. Thorley

Wm. Thissleton

2d. Middlesex Jury,

Thos. Harrison

George Myers

Matthias Hunt

Daniel C llyer

Tho. Scardifield

George Wright

Wm. Hinckley

William Roper

Clement Mead

John Paul

Gilbert Boyle

James Nicholls

FREDERIC FEHRENKEMP.
19th February 1794
Reference Numbert17940219-1
VerdictGuilty > theft under 40s
SentenceTransportation

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150. FREDERIC FEHRENKEMP was indicted for stealing, on the 11th of December , a gold watch, value 101. and two cornelian seals set in gold, value 1l. the goods of John Moffatt , Esq . in his dwelling house .

(The case opened by Mr. Knowlys.)

SARAH MOFFATT sworn.

I am the wife of John Moffatt. I know the watch very well, which is the subject of this indictment; I have wore it myself, at times, for two years and a half. The prisoner at the bar was a servant in the family; he was a footman , he had left our service about fifteen months before the watch was lost.

Q. How long was he in your service? - Between ten and eleven months.

Q. How lately before the watch was lost had you seen it? - I saw it the evening before, but Mr. Moffatt put it in the drawer himself, at ten o'clock that evening.

Q. How late that evening did you see the watch yourself? - I did not see it after dark myself.

Q.Where did you see it in the course of the day before it was lost? - Hanging up by the side of the fire, in a small parlour, where Mr. Moffatt generally dresses, on the ground floor, close to the hall, it opens into the hall, it always hung there, in the course of the day time.

Q. Was that the practice, to hang the watch in that place at the time the prisoner lived in your service? - Very frequently, but sometimes Mr. Moffatt carried it.

Q. Where was it usually deposited in the evening after Mr. Moffatt went to bed? - In a little table-drawer in the same room.

Q. What time of the evening was it generally removed from the fire-place to the little table-drawer? - Sometimes eleven o'clock; now and then at half past ten; Mr. Moffatt used to wind it up just as he was going to bed.

Q. Was it the practice at the time the prisoner was in your service, to deposit this watch of a night in this table-drawer? - Yes, always when we were in town.

Q.How did this table-drawer open? - The top listed up.

Q. Was it locked or not? - It was not locked.

Q. How long was it you missed it after you had seen it? - Nine o'clock is the usual time that Mr. Moffatt comes down stairs, and then he always lifts up his drawer, and that morning the watch was missed; I was not present.

Q. You said it was usually hung up by the fire-side; at what time of the day did you see it hung up at the fireside? - I cannot say what time I saw it in the course of that day.

JOHN EATON sworn.

I am a servant in Mr. Moffatt's service, and was so at the time the watch was missed. I am a footman. I know the prisoner at the bar, I saw him the day the watch was missed, in the house; I opened the door to him; he said pray is Master Norris here he is a young man belonging to the family; I said no,

he is not; he asked me if my master was up? I told him no, he was not up; he asked what time he would be up? I told him he would not be down much before nine; he asked what it was o'clock, I looked at the clock? and said it wanted twenty minutes to eight.

Q. Did you know him before? - I did.

Q. You did not know at that time he had lived a servant in the family? - No, I did not; he said he came from some gentleman at Westminster, I have forgot the name; and he said my master had written to him to be there at eight o'clock; then I asked him if he would call again? and he took his hat and went out to the door, and I shut the door after him, and held the door; he never went out of my fight at that time, while he was in the house.

SARAH WRIGHT sworn.

I was cook in this family of Mr. Moffatt's. I know the prisoner perfectly well.

Q. Do you recollect the day when the watch was missed? - On Wednesday morning, I think it was the 18th, it was a fortnight before Christmas; I was in the hall when the last witness gave him the answer the first time, cleaning it; and the young man sent him away, and I was at the bottom of the stairs, and he came in again in about twenty minutes afterwards, or not so much, the door was a jarr and he came in.

Q. Was any body in the hall besides yourself? - No, I was on the bottom of the stairs, I knew that to be the same man that came after my master before, and so I shut the hall door, and shut him in.

Q.What did he say? - He had told the young man what he came for, and I had heard it all, and knew him to be the same man again; while I was cleaning the hall, he asked several things about the family, he made a deal of wet about the door, and I left him, to go down into the kitchen to fetch a cloth to clean where his feet had wetted the hall.

Q. Was there any of the family left with him in the hall, or was he alone? - He was alone in the hail.

Q. Had he been in the hall all the time before you went down? - Yes, he had not been out of the hall at all.

Q. When you returned from the kitchen, where did you see the prisoner? - I see him coming out of my master's little room, that opens into the hall; I was rather surprised at seeing him come out of that room, but he asked me for Mr. Moffatt's, or my master's bulfinch, I told him it was dead; he says dead! how sorry I am, that bird cost five guineas. I told him my master was very sorry for it; he stopped some time in the hall after that, and then said I have heard that Mr Moffatt is better natured after breakfast, and I will call again.

Q. Did he call again? - He did not, I asked him if he had ever lived in the family? he said he had not.

Q. Have you ever seen your master's watch hang up? - Yes, I believe I have, I never saw it in any other place; he told me he had been at Mr. Moffatt's country house, with his master, who was a single gentleman, a month or two at a time; I let him out, and never see him till he was taken up.

Jury How do you know the prisoner at the bar? - I knew him by sight very well because I see him before.

Q. How long was he in the hall after what past about the bird? - About five or six minutes, not longer.

Court to Mrs. Moffatt. Do you know the particular day it was lost? - It was the 11th of December.

PETER PRESCOTT sworn.

I am a watch-maker; I live in little Newport-street, Leicester-fields; I know the prisoner at the bar, I recollect him perfectly well, he came into my shop to know the opinion of a watch, which he said he found; it was on Wednesday, the 18th of December last, I looked at it, and told him it was a very good watch, likewise told him that he was very lucky to find so good a watch, that I frequently looked for to find something, but never was so lucky as he had been; so then says he, I cannot say that I admire this watch, it is not modern, and it was a high watch, and he fixed on one that was then in the shew glass, a silver watch.

Q. How came he to fix on a watch in your shew glass? - He fixed on a silver watch, and intimated that if I would make an exchange for the silver one, he would let me have the gold one; I answered him that I would do no such thing, that the watch that he had found was preferable to the watch that he meant to exchange for; he then pointed out on the gold watch the defect of the maker's name being crased, I told him that I could rectify that; I had seen that, but I did not say any thing to him about it.

Q. In what way did he express it? - He said it was rather an eye sore, or a hurt to the watch; I told him that I could put a name plate on the watch, and that the cap could be cut again as there was sufficient thickness there; he asked me how much it would come to? I told him half a guinea, which, he found rather too much, he then seemed rather to with to dispose of the watch, and for me to buy it, he intimated as much as that, I told him if he had the defects rectified he could better dispose of the watch, and perhaps get more than I could allow him for it; he asked me then, do you think that you could dispose of the watch for me? I said, I dare to say I can, he said, he would call the next day, or next morning, which was Thursday, I said, very well, but if you leave it only till to-morrow, I cannot be able to get it done, nor perhaps the next week, because it is holiday week; but at last I promised it should be done for him by the Saturday; he left the watch with me, I asked him what name I was to put on the watch? he told me, Frederic Hatfield, London. I asked about the number? he said it was immaterial; O, then says I, I will put one of my following numbers on it; he said, just so; and he left the watch; I took it in pieces the very moment he left it, in order to trace out whether this watch was not stole, I had my suspicions, and I found a mark in the inside, Mudge, No. 576, I recollected that an hand-bill had been left at our shop which mentioned something about a watch of that description, I made enquiry and at last traced it to be the property of Mr. Moffatt's. The prisoner called again on Saturday and then I apprehended him, I have had the watch ever since.

Q. Are you sure that he is the man of whom you took that watch? - I am.

MATTHEW DUTTON sworn.

I am in partnership with Mr. Mudge.

This watch was made at our house, it was made for a Mr. Quick.

Q.Do you know whether it was ever the property of Mr. Moffatt or not? - I do. I knew it afterwards by coming often to our house to be repaired, while it was in the hands of Mr. Moffatt.

Mrs. Moffatt. I know this is Mr. Moffatt's watch, there was a little bit of gold just by the number six on the dial plate.

JOHN MOFFATT sworn.

This watch is mine and has been twenty years; it was deposited the night before

it was missed, in a little drawer in my little parlour, the parlour which the witness has described, I am sure I put it there that night, and I missed it in the morning, it was the practice during the time that man lived with me to do it, and he knew it.

Prisoner. The servant must be mistaken by me for I never was at the house since I left Mr. Moffatt; I was in prison very ill, I could not send for some gentlemen in the country.

Court to Moffatt. You and this man parted friends? - I turned him away but not for any dishonesty.

Q. What do you value this watch at? - Ten pounds.

Q. Would it sell for that? - I think it would.

GUILTY, Of stealing to the value of 39s .(Aged 33.)

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

GEORGE MUSLIN.
19th February 1794
Reference Numbert17940219-2
VerdictNot Guilty

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151. GEORGE MUSLIN was indicted for burglariously breaking and entering the dwelling house of Mary Blackmore , about the hour of six in the night, of the 25th of November , and stealing therein, a wainscot box, value 5s. a pair of silver candlesticks, value 81. a silver waiter, value 31. a silver tankard, value 81. a silver pint mug, value 41. four silver table spoons, value 1l. a silver punch ladle, value 10s. a pair of silver salt holders, value 18s. two silver salt spoons, value 3s. nine silver tea spoons, value 18s. a pair of silver tea tongs, value 3s. a silver tobacco box with a pearl lid, value 1l. two gold mourning rings, value 14s. a stone ring set in gold, value 7s. a pair of stone shoe buckles set in silver, 21. 10s. a pair of stone sleeve buttons, value 1s. 6d. a watch with a gold case and a shagreen case, value 10l. a metal watch, value 2l. a metal trinket, value 1d. a silver milk pot, value 10s. a black silk cloak, value 2l. a pair of stays, value 1l. 1s. a cotton gown, value 1l. a silk petticoat, value, 10s. a stuff petticoat, value 10s. three lawn handkerchiefs, value 6s. four muslin handkerchiefs, value 11s. five muslin aprons, value 2l. 5s. a lawn apron, value 2s. a muslin tucker, value 6d. a muslin shawl, value 9s. four yards and a half of silk ribbon, value 6d. a cotton shawl, value 3s. two muslin half handkerchiefs, value 6s. two linen half handkerchiefs, value 6s. four silk handkerchiefs, value 5s. a yard and a half of thread lace, value 3s. three linen shifts, value 5s. three guineas, three bank notes of the value of twenty pounds each, two bank notes of the value of ten pounds each, the property of the said Mary Blackmore .

Indicted in a second COUNT for stealing the same things in the dwelling omitting the burglary.

MARY BLACKMORE sworn.

I am a widow , I live in Tabernacle-row, No. 13, in the parish of St. Luke , I have got a house there, my house was broke open the 25th of November, 1792, by a pick lock key or by some means or other, and I was robbed of a great deal of property, it was between six and seven, about six as near as I can tell, in the evening when I was over the way at worship, called the tabemacle; I went home again to my house about ten minutes after seven, I went away about five, or ten minutes after five, my maid had light candles in my own house before I went out.

Q. How did you leave your house? - My maid left it very safe, I left her in the house, my bed room door was locked, the chief part of the things were lost from the bed room; I had the key in my pocket, I am very sure it was locked.

Q. Had you the other keys of the house in your pocket? - No. When I came back I saw my servant come home before me and she told me I was robbed.

Q. Tell me what you observed? - I did not observe any thing till she told me, and I went to examine my house and I found that my room door was forced open and the locks of my drawers broke all to pieces, and I missed my watch.

Q. Was the room door locked or unlocked? - It was unlocked, it stood wide open.

Was any part of the door open? - No.

Q. Was the lock drawn out or not? - That I cannot tell; I stopped down by the side of the bed, and there I missed my wainscot box, where my plate and things were in, and I missed my gold watch that hanged at the beds head, I turned about to look at my drawers, and I found my drawers all open, and the locks all broke; then I went and examined for my bank notes, and I missed them, they were kept in a drawer in my chest of drawers.

Q. How many were there? - Five. I think three twenty's, and two ten's.

Q. Have you recovered any of your things since? - At the time that my things were cried I found my metal watch and a pair of metal buckles, and two or three other things; and at the trial of the other prisoners, I had one twenty pound note returned me. This metal watch always hung in the kitchen, it was the gold watch that hung at the beds head, this metal watch was taken at the same time. I have recovered in all a metal watch, a white shawl, a pair of buckles, a pair of buttons, a lawn white apron, and three half handkerchiefs; they were all in the house when I went out to the tabernacle.

Q. When you was in the tabernacle did you see your maid there? - Yes, I saw her come in about half an hour after me, into the tabernacle.

Q.Did she stay there till the end? - She did. I went home immediately from the tabernacle as soon as it was done.

Mr. Knapp. Mrs. Blackmore, this affair happened in November last was a twelve month? - Yes.

Q. You prosecuted two men and they were convicted? - Yes.

Q. They have been executed, have not they? - Yes.

Q. My lord asked you just now, whether you had light candles before you went out from the house? - Yes.

Q. How long before? - Ten minutes.

Q. You light your candles before it is quite dark? - No.

Q. At the time you light your candles will you take on yourself to swear that if an hand had been held up you could not have seen it? - I will not take on myself to say neither one way or the other.

Q. How lately had you seen the things before? - The same day.

Q. Had you been out in the course of the day before? - I dined out.

Q.Who did you leave at home then? - My servant, she is here.

Q. How long has this man been taken up? - On my word I cannot say.

ELIZABETH ABBOT sworn.

I lived with Mrs. Blackmore, I went to the tabernacle the 25th of November 1792.

Q. How soon did you go out after your Mistress? - About a quarter of an hour or twenty minutes after.

Q. In what condition did you leave the house? - I left the house as I always left it, I double locked the door.

Q. Was any body left in the house when you went out? - No.

Q. When you returned in what condition did you find the house? - I found the door on a single lock.

Q. Did you open it? - Yes, and when I went in I found the place all in confusion, the things were moved out of their places.

Q. Was any thing taken away? - Yes, my mistress came in just after me and she found the things gone, the box was taken away from under the bed, the things were taken out of the drawer; I found the candle on the carpet in the parlour, it had been light, but it was put out.

Mr. Knapp. The door was locked when you returned again? - Yes.

Q. You put out the candle when you went out? - Yes.

Court. Was that the candle in the parlour that you put out? - No. I put that I put out at the bottom of the stairs.

JOHN ARMSTRONG sworn.

I am a police officer; when Muslin was brought to our office, the 25th of January last, I found this phosphorus in his pocket, which he said he kept about him for to light his pipe, as he was obliged to smoke. I found nothing more on him than buckles, hardware, and things that he dealt in.

Court. What was this man bound over for? - I was bound over on the former bill.

JOHN RAY sworn.

I know nothing more than apprehending the other, I know no more of what he stands indicted for here. I know nothing about his having any part of the property.

GEORGE DEARING sworn.

I know nothing more of this man than he was pointed out to me.

Q.Have you ever found any property? - I did in Goodall's house.

Q. Did the prisoner live with Goodall? - I don't know, I believe not.

Q. Do you know that he ever had any part of the property? - Not to my knowledge.

RICHARD FERRIS sworn.

I was at the apprehending of the two men that suffered, and I apprehended the prisoner.

Q. Did you find any of Mrs. Blackmore's property on him? - No.

Q. Do you know whether he ever had any? - No, I do not.

ELIZABETH BULL sworn.

Q. Do you know the prisoner? - Yes, I think I have seen him.

Q.What is his name? - His name is George Muslin.

Q. Where have you ever seen him before? - I think I see such a person at Mrs. Goodall's.

Q. When? - At the time I lived there, I lived with Goodall.

Q. What time was that? - Fourteen months ago. Mr. Goodall went as a watch maker.

Q. What connections was there between the prisoner and Goodall? - He used to be there now and then, but he used to be there very seldom.

Q. What did he come about? - I never knowed what he came about.

Q. Did he ever bring goods there? - No, I never saw him.

Q. Did you ever see any goods that afterwards appeared to be Mrs. Blackmore's at Goodall's? - Yes.

Q.When was that? - The day the robbery was committed.

Q. Who brought them there? - Mr. Goodall and Mr. Mayo.

Q. Was the prisoner with them? - No, I did not see him.

Q.Was he there that evening? - No.

Q. Do you know whether the prisoner had any part of the goods afterwards? - I don't know.

JOHN AUSTIN sworn.

I know nothing at all of this business.

MARY BULL sworn.

Q. Do you know the prisoner, George Muslin? - No.

Court to Prosecutrix. How did you get these things that you recovered afterwards? - I got them by the means of the officer going and searching the house of Goodall, by the evidence of the girl.

Not GUILTY .

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

MARGARET HARTLAND.
19th February 1794
Reference Numbert17940219-3
VerdictNot Guilty

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153. MARGARET HARTLAND was indicted for stealing, on the 26th of December , two linen shifts, value 4s. a green harrateen curtain, value 2s. a flat iron, value 1s. a copper tea kettle, value 2s. and twenty pounds weight of feathers, value 2s. the goods of John Cockburn , in a lodging room .

MARY COCKBURN sworn.

I am a married woman; my husband's name is John; I live in Swallow-street ; I let lodgings; I know the prisoner at the bar, she lodged at my house, I cannot say particularly the time that she came, she was taken up the Friday after Christmas day; I look upon it she had lodged with me about seven weeks.

Q. Did she take the lodgings from you herself? - She did.

Q.Did you know her at the time you let her the lodgings? - No, I did not.

Q. After she lodged with you these seven weeks, what happened? - There were the curtains, one was taken away, and the other was tore in two, and I missed my feathers out of my bed.

Q.When did she quit your room? - She quitted my room on Thursday, and she was taken up on Friday.

Q. Did she say anything to you before she went away, that she was going? - She did not; she went away in the afternoon; the man that cohabited with her was in the room. After that she did not return never any more. I went momentarily into the room as soon as she was gone; I missed the sheets off the bed, the one was torn in two and part left behind, and the other was quite gone; I missed a flat iron, and a tea kettle; the curtain she had tore, was not taken away; I put it in the indictment to let you know what she had done.

Q. How many feathers did she take away from the bed? - There is not so many now as I can carry in a pocket handkerchief, it was a well stuffed bed before.

Q. How do you know the feathers were taken out? - Because the feathers were not there.

Q. Did you see it ripped? - Yes, it was.

Q.These things were all let with the lodgings to her? - They were.

Q. What was she to pay you? - Two shillings and six-pence a week. After she took the lodgings she had a man come there with her; the man sometimes paid me and sometimes she; he had a wife and three children, but she said, where she was there he should be.

Q. How soon did the man come there after she took the lodgings? - I cannot say, very shortly, after a night or two; he was not there when she took the lodging; she took it as a

widow. I know nothing of the man of my own knowledge.

Q.You sometimes received the rent of the man? - I did.

Q.Was you paid pretty regular? - Tolerably, only the last week.

Q. Did you ever find any of your things again? - I found some tickets in the room, in a drawer of a bureau, when the place came to be cleared, two days after she was gone. I found the ticket of a tea kettle, and the ticket of a flat iron.

Q. You mean a pawnbroker's ticket? - Yes. I went to each of the pawnbrokers and brought them out, and paid for them. I found the tea kettle in St. Giles's, the flat iron in Carnaby-street, and the curtain I found in St. Giles's, the one that was taken away, the other was tore; the sheet I found at another pawnbroker's.

Q. Do you know how these things came there? - I don't, only they were in her name.

Q. When was the prisoner taken up? - On Friday after Christmas, the day after she left me.

Q. Did you see her that day? - I see her at the justice's.

Q. The man you say, lodged with her? - But she cleared the man when she was before the justice.

Not GUILTY .

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

THOMAS BRYANT, JAMES GRIST, WILLIAM PARSONS.
19th February 1794
Reference Numbert17940219-4
VerdictGuilty > lesser offence; Not Guilty; Not Guilty
SentenceTransportation

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153. THOMAS BRYANT , JAMES GRIST , otherwise BUTLER GRIST , and WILLIAM PARSONS were indicted for feloniously making an assault on the King's highway, on Thomas Hudson , on the 18th of January , and putting him in fear, and feloniously taking from his person, and against his will, a steel watch chain, value 6d. a stone seal, set in silver, value 1s. two base metal watch keys, value 2d. a canvas bag, value 2d. four guineas, and a bank note No. 6,481, dated, London, 5th December 1793, value 20l. the property of the said Thomas Hudson .

THOMAS HUDSON sworn.

I live at Sunbury . When this happened I was going to my lodgings, at Sunbury; I was coming from the George in the same place; it was between eight and nine o'clock the 18th of January.

Q.Was you alone? - Yes, and I was robbed.

Q. Did you see any persons coming up to you? - Yes; the prisoner Thomas Bryant came behind me, I saw him as he was going away with the property, he took the money out of this left hand pocket, and snatched the chain away.

Q. Did he say any thing to you? - Nothing.

Q. In what manner was your money, loose, or in a purse? - In a purse.

Q. Did the chain break of your watch? - Yes.

Q. What money was in the purse? - The two notes and four guineas.

Q. What notes were they? - A twenty pound note, and a ten pound note.

Q. Do you know the number of them? - I do not.

Q. Have you seen the notes again? - Yes.

Q. Did you know them to be your's? - Yes.

Q. How do you know that these notes were in your purse at that time? - I had received them about twelve o'clock that same day, just after twelve.

Q.What was it that you perceived the prisoner Bryant doing, when you first observed him? - I observed him go

ing away with it, that was the first I observed of him.

Q.Was any body with him at that time? - Nobody.

Q. Did he take the money before he broke the chain, or after? - Both done at the instant.

Q. What then did you pursue him? - I did not; I went home to my lodgings.

Q. How far was this from your lodgings? - About two hundred yards, as nigh as I can guess.

Q. Did you do any thing that same night? - I did not.

Q. When did you see any thing of him again? - Not till he was taken; he was taken on Sunday morning, I believe.

Q. What day of the week was this? - The 18th of January, Saturday night, I saw him the next day, he was in the cart going to the justice of peace.

Q. Then you had not seen any other person that night? - No.

Q. Then you know nothing of the two other prisoners at the bar? - Nothing.

Q. What fort of a night was this? - It was a moon light night.

Q. Had you ever seen Bryant before? - Yes, I knew him before.

Q. Are you sure that you had opportunity enough of discerning him? - Yes, I had.

Q. So as to be sure that he is the man? - Yes.

Q. Did you know where he lived? - I believed he lived at the gentleman's hot house where he did work, he was a gardener.

Q. How long had you known him by fight? - A twelve month.

Q. How was he dressed at that time? - I think he had got a coat on, I will not be sure about it, he had no hat on.

Q. You did not speak to him at that time? - I did not, nor he to me.

Q.How came you not to take him up that night? - I gave the alarm at the place where I lodged.

Q. Did any body go from your lodgings after him? - Yes, the constable did.

Q. You did not go yourself after him? - No, never went at all.

Q. Did you mention his name when you gave the alarm? - Yes.

Q. When was it that you either saw your notes again, or your purse? - I saw the purse, I think six days after I lost it, it was found in Mr. Richardson's garden, he lives at Sunday. The gardener is here that brought the purse, his name is Solomon Rose .

Mr. Knapp. Pray what are you? - I am a gentleman independent, live on my fortune.

Q.Perhaps you have heard that if these men are convicted, there is forty pounds reward? - No, I never heard any thing about it, on my oath.

Q. Mr. Hudson, will you be good enough to tell the Court and Jury where you had been this night? - At the George.

Q. What time did you go there? How long had you been there? - I think I had been there two hours; I went there between seven and eight o'clock; this matter happened between eight and nine; I had not been in quite two hours.

Q.Perhaps being in a public house all that time, of course you drank a little? - I had a pint or two of beer, I had no more than two pint or three pints of beer.

Q. Upon your oath had you no more than three pints of beer? Now try and recollect yourself again, and see whether you can recollect yourself drinking seven pints of beer? - No, I cannot recollect any thing about it, I had no more than three pints of beer, and paid for no more.

Q. Had not you seven pints of beer? - No.

Q. Then if any body was to come and swear that you had seven pints of beer it would be a falsity? - It would.

Q. Perhaps you might have had some other liquor? - I had not.

Q. No gin? - No, no gin at all.

Q. Then if any witness was to swear that you had gin, there he would swear false? - Yes.

Q. I take it for granted that you will take on yourself to swear that you was not drunk? - I was drunkish, a little fresh and that was all.

Q.Had you been drinking any thing before you came to this public house? - I had been drinking rum and water at Hampton. I drank two three pennyworths of rum and water

Q. No gin that night? - No, no gin at all.

Q. Was not you mortally drunk when you went out of this public house? - No, I was not

Q.Then you had a perfect recollection of what past? - Yes.

Q. Now you told the gentlemen of the jury that you was drunkish. Will you state that you have as perfect a recollection of what passes drunk as sober? - I have got as good a memory drunk as sober. I have a very good memory.

Q. And it is helped by liquor; when you get half seas over it is brushed up? - Yes; I recollect this transaction very well.

Q. Do you mean to let these gentlemen understand that being in liquor, your memory was better than at any other time? - I recollect it very well.

Q. Do you mean that you recollect it better because you had liquor? - No, that is not what I mean.

Q.Bryant, you say, you knew before? - Yes.

Q.Had he been drinking with you? - No, he had not.

Q. I believe Bryant was taken up at his own lodgings, was not he?

Court. He was not present at his apprehension.

Mr. Knapp. Have not you heard that he was found at his own lodgings? - Yes, I have heard so.

Q. So that he went home after having committed this robbery? - Yes.

Q. And there he was found? - Yes.

Q. Will you state to the Court and Jury how you can speak to the person of Bryant? Was he behind you or before you? - He was behind me; I saw him as he committed the robbery perfectly well, as he was turning away from me.

Q. It was not till after he committed the robbery that you saw him? - He did not meet me, he was behind me.

Q. You stated to my lord just now that you knew Solomon Rose ? - Yes, I believe he is in Court.

Q. Don't you know that he is subpocnaed on the part of the prisoner? - Yes, I know he is.

Q. Where was he at this time? - I don't know.

Q. Do you know Mr. Hansel? - Yes, I know him.

Q. If Mr. Hansel was to come here and say that you was so very drunk that you had no recollection about what passed he would say false? - Yes, certainly.

Q. I take it for granted you always fixed on Bryant? - Yes, I am certain of that.

Q. Do you know a person of the name of Henry Hopton? - Do I know him? yes.

Q. Being so certain of Bryant you never fixed on Hopton as committing the robbery? - No, I never fixed on Hopton at all, I fixed on Bryant.

Q. He is here? - Yes, I believe he is here.

Q.Then if all these witnesses come and tell the Court and Jury that you was in a state of intoxication, so much, so that it was impossible that you should recollect the person of any body, every one of them must speak false? - Yes, they must speak false.

Q. You say you live on your property? - I do.

Q. You never heard since you was robbed that there was forty pounds reward, on the conviction of a highway robbery? - No, not at all; never in my life.

Q.Have not you been in company with thief takers, or constables, since you have been here? Darts and Hawkins have been with you? - Yes.

Q. Have you ever learned of them that there was any reward on this conviction? - No.

Q. Was you ever in a criminal court before? - No, never in my life.

CHARLES HAWKINS sworn.

I am a baker, at Sunbury. I received information concerning this matter on the 18th of January, from one Doctor Hansel, at Sunbury; in consequence I went and searched several public houses, this was on Saturday night between eight and nine o'clock.

Q. Did you apprehend any body that night? - I apprehend Grist first at his father's house at Sunbury; then I apprehended Bryant in bed, in Mr. Richardson's, back of his place at his hot house, he was a gardener at Sunbury; I took them all the same night.

Q. Did you find any thing on either of the prisoners? - No, I did not find any thing on them; I took Grist to the cage; when I came back his father wanted to know where he was; I went with him to the cage, I heard Grist tell his father that he did not do the robbery, it was Bryant did the robbery. I took him before the magistrate in the morning, I found nothing on any of them, but Bryant told me where the property was.

Mr. Knapp. What did you say to Bryant before he talked about where the property was? - I said nothing, only insisted on searching him.

Q. Did not you tell him it would be better for him? - I did not, it was repeated to him, but I did not say it.

Q. Did not you hear some body tell him that it would be better for him? - No, I do not recollect I did.

Q. On your oath, don't you know that somebody said, in your hearing, that he had better tell the truth, or something of that sort? - There may may be such words pass, but I do not recollect any thing of the kind.

Q. But you recollect the other part of the story, why don't you recollect that? upon your oath did it or did it not pass? - I do not recollect.

Q. Will you swear that some person, in your hearing, did not say so? - I don't know about the particulars of it.

Q. You may as well, on this case, speak the truth, will you swear that such conversation did not pass; that there was expressed a promise of favour if he would confess? - I cannot tell particularly.

Court. Was there any talked of shewing him favour, because he was a young man? - Yes, there was somebody told him that if Mr. Hudson got his property they dare say he would forgive him.

Q. Did you get any part of the property that was claimed? - Yes, I found it.

Q. Where did you find it? - In the third, the further shed, on the second beam at the back of Mr. Richardson's hot house, I found there the two bank

notes, one twenty pound and ten pound, and the purse has been found since.

Q. How came you to look for them there? - Bryant told me to search there for them. In the first place he told me he had thrown them over the hedge; I told him I was sure he had not thrown the property away, and I insisted on searching of him; then he told me if I would go and look where I afterwards did, that I should find the two notes there.

Q. Did he tell you the second beam in this shed? - He did, under a board in the hot house.

Q. What did you do with the bank notes? - I took them before the magistrate; I have got them now.

Prosecutor. I know these notes by this paper that they were wrapped in, being my own figuring, and my brother's; they were wrapped up in that paper when I put them in my purse.

Hawkins. That is the paper they were in.

Court to Prosecutor. You had taken these notes that day? - Yes.

Mr. Knapp to Hawkins. What are you besides a baker? - A constable.

Q. Did you see the prosecutor that night? - Yes.

Q. What time did you see him? - About nine o'clock.

Q. He was quite sober, was not he? - No, I do not say he was.

Q.Was not he very drunk? - He was not so drunk as what a man may be, he was capable of walking home.

Q. And a very good way too; perhaps you have heard of a forty pounds reward? - Yes, but I don't want it.

Q. There are three forties if these men are convicted? - I did it for the good of the parish where I live in.

Q. Do you know Mr. Hansell? - Yes, he was the man that gave me the charge.

Q. Did not he tell you that Hudson was very drunk? - No.

Q. Do you know Mr. Hopton? - Yes.

Q. You did not hear him charge Hopton with being the person that robbed him? - No, I did not.

Q. Now my lord has asked you about this shed; he worked for Mr. Richardson, did not he? - He did.

Q. There are other workmen employed in the same place? - There are most an and in gentlemens gardens.

Q.Don't you know there are other servants? - If I was to take my oath, to be sure I should say there was.

Q. Bryant was found at home? - Yes.

Q. You apprehended him in his own bed? - Yes.

Q. He had not run away after committing the robbery? - He had not.

Q. Any body else might have put the notes there for what you know? - Yes.

- DARK sworn.

I know no more only picking up the watch chain; I found it on Sunday morning, near the place where Mr. Hudson was robbed, between the George and Mr. Hudson's lodgings, in the high road; I picked it up about seven o'clock.

Q. Have you got it here? - I gave it to the constable.

Hawkins. I have kept it ever since.

Prosecutor. I am sure that is the chain, I know the seal, the chain was broke off by the swivel.

Mr. Knapp. Did you see the prosecutor that night? - Yes.

Q.Was he drunk or sober? - I think he was rather in liquor.

Q. Not so drunk that he could not recollect any thing that he was about? - I am not used to the person, I cannot swear either one way or the other.

SOLOMON ROSE sworn.

I live with squire Richardson.

Q.Did you find any purse, and where? - I had the purse given to me, our carter found it.

Mr. Knapp. Do you know the prisoner Bryant? - Yes, I know them all

Q. They were all taken in the parish of Sunbury? - Yes.

Q. You see the prosecutor this night of this supposed robbery? - Yes.

Q. What did you observe with respect to the sobriety of the prosecutor, was he sober? - He was very much in liquor indeed.

Q. Do you think from the appearance of him, he was sober enough as to be able to swear to the identity of a person, the consequence of which was to take away his life? - No, I should think not.

Q. What character has Bryant maintained in the neighbourhood where this offence happened? - A very good character for honesty.

Prisoner Bryant. I have got no more to say than I am very innocent of the matter.

HENRY HOPTON sworn.

I am a gardener, I live at Sunbury, where all the prisoners live.

Q. Do you know Hudson, the prosecutor? - Yes, he lives on his means.

Q. Do you remember seeing him on Saturday night, the night this affair happened? - Yes, he was very much in liquor when I saw him, when he said he was first robbed I went to him, to his own lodgings, and I asked him whether he knowed who it was? he said it was either me or Butler Grist; I told him I could give a good account of myself, and asked him whether he thought it was me? then he said no, it was Butler Grist, I asked him if he was sure it was him? he said yes, he knew him perfectly well, he knowed his person, then he said, go and get somebody to take him up, he said he would swear to him the next morning before any justice in the world; and this Butler Grist was taken up, and put into the round-house.

DOCTOR HANSON sworn.

I am a gardener, and nursery man; I know the three prisoners, I know Bryant, I have known him many years, I never knew a miss thing of him, I have known Hudson about two years, he lives on his means in our neighbourhood.

Q. Did you see him on the Saturday that he talks of? - Yes, I went to smoke my pipe at the widow Thomas's, at the George, at Sunbury; it was about six o'clock, when I went in Hudson was there, and was very drunk indeed, and very abusive, with every person, I believe he came in very drunk, and the time he was there he drank three glasses of gin, and called for seven pots of beer, when he first came in he was very drunk, very drunk indeed.

Q. Then all this quantity of liquor did not help to make him sober? did you see him go out of the house? - I did not take particular notice, he went out several times in the course of the time, and came in again; the longer he continued the quarrelsomer he was with different people. I said to him as this, you are very troublesome in company, because he swore so very bad and often; I and another took down sixty nine oaths that he swore that evening.

Q. Did you ever hear Hawkins say any thing about the three persons, Bryant and the other persons, when he had them in custody? - Mr. Hawkins could not find any thing on them, and he said he would acquit them; if that the prosecutor would acquit them; I said as you have taken them on suspicion, you have a right to keep them in hold, and you are very much to blame to acquit them, and we had words on that, about acquitting of them; the next morning I went to the justice's, to get him to stay at home,

before he went to church, to give them an hearing, I went before the prisoners some considerable time, when I came before the justice, Hawkins accused me at the justice's of making Hudson drunk, and I never was in his company ten minutes; after that as I was coming from the justice's Mr. Hudson was having a glass of brandy, and after that I was accused of making him drunk.

Q. Did you hear Hawkins talking about any reward? - Yes, when we came out of the justice's he said after a few words, he said you are only angry with me because I have cut you out of the blood money.

Q. Are you sure that Hudson had the three glasses of gin that you stated to the jury? - I am sure of it, I set in the room and see him call for it, and called for seven pints of beer, and he was very drunk when he came into the house.

The prisoner Bryant called three witnesses who gave him a good character.

Thomas Bryant, GUILTY , (Aged 22.)

Of stealing but not of the highway robbery.

Transported for seven years .

James Grist, Not GUILTY .

William Parsons , Not GUILTY .

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

HANNAH BINNS.
19th February 1794
Reference Numbert17940219-5
VerdictGuilty > lesser offence
SentenceTransportation

Related Material

154. HANNAH BINNS was indicted for making an assault on Juliet Boyd , in the dwelling house of William Count , on the 31st of December , putting her in fear, and feloniously taking from her person and against her will, an iron box, value 1d. the goods of the said Juliet Boyd, and two bank notes, value 25l each, also her property .

JULIET BOYD sworn.

I live in Gray's Inn, I live with Mr. Sparkes.

Q. Where was you on the 31st of December last? - I went to a place called Parker's-lane , I went to the prisoner's lodgings, and there I was robbed; the house belonged to William Count , he lets lodgings.

Q. Do you know how long he lived in the house? - I do not know how long he has lived there, I went there, and was with the prisoner some time, the prisoner lodged there, I went to enquire after a person that she told me was sure to be at her house, a person of the name of Marsh, a young man.

Q. What time did you go there? - About twenty minutes before five, on Tuesday, the 31st of December, I stayed there till between twelve and one in the morning.

Q. Did the person come that you expected? - No.

Q. How came you to stay so late? - I could not go by myself away, being blind, and she went away and left me as soon as she robbed me.

Q. What time did she go and leave you? - I cannot exactly say, it might be nine or ten, I heard no clock, and I cannot tell the time; there were two twenty-five pounds bank notes taken from me.

Q. Who took them? - Hannah Binns, the prisoner, took them.

Q. Any thing else? - A box that they were in.

Q. Where was that box? - In my bosom.

Q. Did she take it out of your bosom? - Yes, I was set down on her bed, and she asked me to give her something to drink; I had then been there some time, and I had no money, I told her I had no money, but I had two twenty-five pounds bank notes in my bosom; I asked her

if she would go down and see if they could be changed, she went out and came back, and said that the man had no change, I then gave her the ring to go down and pledge, and get fifteen shillings on it; she went and kept the money, and brought some brandy, and gave me some, and drank some herself, afterwards I sat on the bed, and leaned on my bed, and she thought I was asleep, she put her hand into my bosom, and took the notes our; I said to her if you take them I must never go home no more; I wanted to take hold of her; but she got from me.

Q.Were the notes your own? - Yes, but I said so because I knowed if I lost them it would cause such uneasiness in the family, and I was afraid I should always here of it, losing them in going into such a place.

Q. Have you ever got your notes again? - No, neither of them, she sent a woman up stairs to take me down when she went away, and I charged the watch with that woman; when I came to the watch-house they detained me till I told who I was.

Q. When did you hear any thing of the prisoner? - I believe it was about three weeks or a month after, when she was taken.

Q. Did you ever have any part of your property? - No.

Mr. Knapp. Miss Boyd, no property that you lost has ever been found? - No.

Q. No charge was made against the prisoner till three weeks afterwards? - Yes, there was.

Q.When you went to Parker's-lane, did not you go to the Golden Hart, a public house? - I did.

Q. Who might you enquire for there? - For a Mrs. Birch, that she gave me the name of.

Q.How long did you stay in the public house? - I did not stay long in the public house the day that I was robbed.

Q. Did you take any refreshment there? - Yes.

Q. What did you drink? - I drank a glass of brandy.

Q.Perhaps you drank more than one glass? - No, I did not.

Q. Who is this Mr. Marsh that you had a view of seeing is he not a person of very bad character? - It was unknown to me at first.

Q. This Mr. Marsh you have heard has been transported from this very place? - I have.

Q.How came you to go after him? - The way I got acquainted with Mr Marsh was, the prisoner lived in a house in Cary-street, I went to visit there, I was taken into the parlour, this Mr. Marsh was there, he passed as an excise man, and through that means I kept company with him for two or three months.

Q. How long had you had these bank notes in your possession? - They were given me by my brother-in-law, the 29th.

Q. How many had you? - Two.

Q. Do you always make a point of carrying them about your person? - I carried them there because the person