Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 17 August 2018), February 1785, trial of JAMES WIGGAN JOSEPH WIGGAN THOMAS WIGGAN JAMES RUSSELL (t17850223-3).

JAMES WIGGAN, JOSEPH WIGGAN, THOMAS WIGGAN, JAMES RUSSELL, Violent Theft > highway robbery, 23rd February 1785.

294. JAMES WIGGAN , JOSEPH WIGGAN , THOMAS WIGGAN , and JAMES RUSSELL were indicted for feloniously assaulting Joseph Bowden , on the King's highway, on the 24th day of January last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one pair of base metal shoe-buckles, value 2 s. one base metal knee-buckle, value 2 d. one pen-knife, value 6 d. two leather gloves, value 6 d. one stock-buckle, value 6 d. one cambrick stock, value 2 d. and one piece of gold coin of this realm, called a guinea, value 1 l. 1 s. his property .

JOSEPH BOWDEN sworn.

On the 24th of January, about a quarter past twelve at night, I was robbed near Chelsea, I was returning to Ranelagh where I live; I was going home from town, opposite the New Spring gardens, in Ranelagh road , I was met by five men; they attempted to catch hold of me, but I avoided three of them, and I came to the post, they caught at me as I past, and the fourth man caught me round the middle, and the fifth man came up; they came and demanded my money, I told them I had no money for them, they then began to riffle me, first they began with my shoe buckles, they got off my right knee buckle, and they put their hand in my breeches pocket; and took my gloves out of my coat pocket; they took a guinea and a Bank-note out of my coat pocket under my arm, I put the guinea there for safety, they returned the banknote, thinking it was of no consequence; they cut my stock and buckle off my neck with a knife; they threatened repeatedly to throw me into the ditch, till they found the guinea, then they all left me.

How long might they be with you altogether? - About the space of two minutes.

What sort of a night was it? - It was very light, remarkably light, it was light enough for me to see to read my papers.

Was it moon-light? - Yes, bright moon-light.

What day of the month was it? - It was the 24th of January.

Had you an opportunity of observing the persons of these men, so as to know them again? - Very distinctly, my Lord, I took particular notice of them, when they left me I saw a watchman at a little distance, and I made haste to call him; and I told him I had been robbed by five foot-pads, and I desired him to join me in the pursuit of them, and he came, and we went after them directly.

Had they got out of your sight? - Yes, they were but just out of sight, we made the best of our way; we came to the first watchman on this side the water-works, we called and asked him, if he had seen five men whom I described, he said, they were just gone on before; then we came to Buckingham gate and asked the guard, and he said, they had just turned up Petty France; we pursued them till they came near the Broadway, there were two or three more watchmen then, and we came in sight of them in the Broadway; I was apprehensive if we pursued them they would take up different streets, I desired the watchman to spring his rattle that they might be surrounded; when I went close to them I gave the charge, there were other people that were there, and four of them were taken, the other made his escape.

Did you so observe the persons of any of them, to know them again? - Yes, I knew them then, and pointed them out to the watchmen.

Do you know them now? - Yes, there are three of them stands there, and this little man, Russell, is the man that fastened round me, he is dressed different; I know both the others, they all assisted, I am perfectly clear in that man that is ill, his name is Thomas Wiggan; I am quite sure of the person of this man, I am equally clear of all.

Can you in a transaction that took up two minutes, and in the hurry and confusion you was in, undertake to swear to the persons of four men whom you never saw before? - I am very clear in it, I have no doubt at all.

Did you observe any thing remarkable in the faces or persons of any of them, that you knew them again? - Yes.

If they had got from you clear that night, had you observed them so that you could be able to know them afterwards? - Yes.

You think you should have known them anywhere? - Yes.

Were any of them searched after they were taken? - They were taken to the watch-house, and searched in my presence.

What was found on each of the prisoners? - My two pair of gloves and a guinea, was found on James Wiggan, I cannot swear to the guinea.

Was any thing found upon Russel? - The pen-knife and buckle, and part of the stock.

Was any thing found upon Thomas? - Nothing.

Any thing on Joseph? - Nothing.

Did you ever find your shoe-buckles or knee-buckle? - No, they were examined before a Magistrate the next morning, I swore to them positively then.

What did they say? - They made no sort of defence.

What Magistrate were they carried before? - Justice Abbington, in King-street, Westminster.

When they were taken were they all four together? - There were together, and one was a little distance.

Which of the three were taken together? - James Wiggan was taken by himself.

Which was taken first, the three or the one? - The three were taken first, but they were all partly together.

When you first got sight of them, were they all together? - They were at some distance, we sprung the rattle on purpose to see if it was them, we could not be so clear.

How far was you from them when the rattles were sprung? - Forty or fifty yards, I suppose.

What did you mean by springing the rattle to try if it was them? - In order to come closer to them, as that would prevent them from separating; and when I came to them, I thought I should see if it was them.

Were they altogether when you first sprung the rattles? - I am not sure.

Recollect as well as you can? - They were at such a distance I could not perceive whether they were altogether or not.

Were there other people in the street? - Not just at that time, I did not see any in the street at that time.

Did you observe and take four men that were together, or take the first four men that you could lay hold of after you had sprung the rattles? - They were together, I saw them four together, I am clear in that; one of them attempted to run away, that was James, the rest did not.

Mr. Garrow, Prisoners Council. Pray Mr. Bowden, the persons who robbed you got out of sight, while you was looking for a watchman? - I was not long looking for a watchman.

I wish you would not look so much to consequences, but give direct a answer? - I saw a watchman directly, they were out of sight before the watchman and I came together.

How long might it be, before the watchman and you set out upon your pursuit? - I suppose about four minutes.

You never got sight of any four or five persons till you came to the Broadway, Westminster? - No, we did not, we heard they were just before.

At Buckingham-gate you were told, that in such a direction, there were such a number of persons? - I was.

The moment you got sight of three, four, or five men, you desired the watchmen to spring their rattles? - Most certainly.

You did it in order to try by certain symptoms, whether they were the men that robbed you? - No, Sir, no symptoms, but that I might discover whether they were the men or not.

Did not you spring the rattle to try if they were the men? - I was pretty certain.

Then you was not before satisfied that they were the men? - No man could tell.

No man could tell! Sir, I will have an answer to every question I put to you; you were not satisfied before, that they were the men? - I was satisfied by appearance but I could not see their features; I was better satisfied when I saw them.

I ask you before you sprung the rattle? - I was not satisfied then.

What was the fifth man doing at the same the others were robbing you? - There were three of them employed about me, the other two were holding me and standing by.

What were they dressed in? - They were dressed in brownish coats, different colours.

Some lightish, some brownish, and some darkish, I suppose most of them had lightish colours; had they round hats? - Yes.

Something roundish? - Yes.

Did they all stand in front of you? - They were all in the front at first.

It is a plain question? - They were all in front at times, they did not stand still all the time.

Did you know any of them before? - I do not know that I ever saw them before.

You are equally positive as to them all? - Yes.

This transaction took up about two minutes? - A little more.

Do you mean to swear, knowing that these mens lives are concerned, that in two minutes under the alarm of being robbed by five men, that these are the men that robbed you? I took particular notice of them.

Do you mean to swear it? - I do.

You do; it is not common for Council to press it so; was you always of the same opinion? - I was always of the same opinion, never had any doubt.

They never were committed on suspicion? - They were twice examined.

They never were committed on suspicion, you gave a positive charge, and they were positively committed? - Yes, they remained for another examination, in expectation of other charges, I gave a positive charge.

Did you attend at the second examination? - I did.

If you had given a positive charge at the first, what was the purpose of your attending on the second? - I did not see the first commitment.

Then I see it now, here in the calendar,

"detained on suspicion of robbing you; was there any other charge the second time? - I was examined the second time, then they were fully committed.

I observed a singular sort of a smile about you as a prosecutor, when you told us that four were taken, and that you knew nothing about a fifth; now attend a little, have you never said, that you knew who the fifth man was that robbed you? - I never saw him since.

Have you never said you knew him, Sir? - I should know him if I was to see him.

Have you never said, that you have seen him? - No, I never saw him.

Have you never said you knew him, I will repeat it till midnight, till I get an answer?

Court. The question is this, have you ever said to any body that you knew the fifth man that is not taken? - I do not know where he is.

That is not an answer, have you ever said to any body, that you knew the fifth man? - I believe I have said so.

Who did you say so to? - I do not know particularly.

Have you said so to many people? - It is a subject I have not talked much upon.

Then to whom have you said it? - I do not remember talking about it.

Why you told me just now, you believed you had said so? - I do not know where or when.

Do you know who the fifth man is? - If I was to see him.

Do you know who he was, yes or no, upon your oath? - I cannot know his name, I never saw him before, I should know him only by seeing him again, I never saw him either before or since that night, as I remember.

Upon your oath, have you any reason to believe that you ever saw the fifth man before or since you was robbed? - I have no reason to think that I have, I do not recollect any thing of it.

Mr. Garrow. I am a little more in this secret than my Lord is, and therefore he will pardon my going on, do you recollect saying who he was? - No.

Will you swear you never said who he was? - Yes, I could not say who he was.

But did you? - I never did say it.

Never to any body? - Never to any body, I never could say it.

Have you said it? - I have not.

Have you ever said he lived in your neighbourhood? - No, positively.

Have you never said, that you was afraid to go out, for that he lived in your neighbourhood? - No, never.

How many men were in sight when you and the watchman came first in sight of the men in the Broadway? - I take it there were four or five, perhaps not so many, I could not distinguish.

May be only three? - Yes, there were more than three, there were four or five.

Does your family live at Ranelagh? - Yes.

How long have you lived there? - About a twelvemonth.

Have you any business in town? - Yes, I carry on business at Ranelagh, I am a currier, my manufactory is at Ranelagh.

What had kept you in town so late that night? - I was on business that kept me till past twelve.

Is that your usual time of going home? - There is no regular time for my going home.

Where had you been spending your evening? - I was at the Bedford-square Coffee-house.

Was you alone or in company? - In company with three or four Gentlemen.

Did you sup there? - Yes.

Did you pay the reckoning? - Yes, the reckoning was paid.

Now I ask you for a serious purpose, did you pay your share of the reckoning for that night? - Pay my share! yes, to be sure I did.

Did you or not? - Whether I did or not the reckoning was paid.

Did you pay any thing? - I do not know whether I paid any thing or not.

Then you did not? - I do not recollect what pasted; I do not recollect whether I paid the reckoning or not, the reckoning was paid at the house, I was in company with friends.

Which friends paid the reckoning for you, I believe you did not pay it, did you contribute one farthing towards the reckoning? - I was there upon particular business.

Court. It will be better for you to answer, if the gentleman asks you any improper questions which you ought not to answer it is my duty to stop him, and I will do it, but if he asks you questions that appear at present to be not nothing to the purpose, you cannot judge of that, nor can I, till it appears that they are not; you must answer them.

Mr. Garrow. Did you pay any part of the reckoning or not? - I do not know whether I did or did not.

Was you so drunk you have forgot whether you did or not? - I believe I did not pay any part of the reckoning that night, there were four or five gentleman there, I think two gentlemen paid it.

Was you drunk or sober? - No more drunk than I am now.

Was you drunk? - I was not.

Was you perfectly sober? - I was.

How long was you at that coffee-house? - Two or three hours.

Now was not the reckoning paid by others, because you had no money in your pocket? - How could that be when I had a guinea in my pocket.

Don't argue with me, was not it so understood by the company? - No.

Who were in company, give us the names? - Mr. Kendrick, in Cecil-court, and Mr. Allen, in Rathbone-place, were two.

When did you prefer your indictment? - On Monday I think.

Attend a little, I can tell you it was not Monday; recollect yourself, and I will make you presently assign a reason why it was not Monday? - It was Monday or Tuesday.

Try again, do not you think it was Wednesday? - I think it was Tuesday.

Why was it delayed? - I had a cause in Chancery at that time.

You attended that cause? - That was the only reason why I did not prefer it.

What is the reward upon the conviction of these four men? - I know nothing about the reward, I do not know what reward I am to receive.

How much is the blood money as it is called for four men, out with it? - The reward is nothing to me, I have been told there is a reward.

What is it? - You know better than I do.

Is not it a hundred and sixty pounds? - I have heard so.

Now have you ever proposed this, that for two hundred and fifty pounds, you would absent yourself, and not prefer any till of indictment against these men? - No.

Have you ever said that? - I never said that.

Upon your oath? - No.

Have you ever said, that if their friends could raise two hundred and fifty pounds, you would not appear against them? - No, I never said it.

Have you ever said, that for any sum you would absent yourself? - No, I never said any such words, nor any like it.

Have you ever said, you would give this excuse, that you had a suit in Chancery, and that you would absent yourself, till the Grand Jury were discharged? - I never said it, nor I never hinted it to any body.

Do you know Mr. Andrews, have you ever seen Mr. Andrews on this business? - No.

Did you see him last Monday? - No, I do not know any such person, I did not see him last Monday.

Do you know a shoemaker in Turnstile? - I do.

What is his name? - Powis.

By Powis have you ever seat a message to Andrews? - No, I never saw Andrews, I never talked to him at all about this thing.

Do you know any such man as that? - No.

Do you know a gouty man that keeps a coffee-house? - No.

JOHN BIRDSAY sworn.

I watch in the Chelsea road, just after I had called twelve on the 24th of January, the prosecutor called halloo, watch! he said he had been robbed by four or five men, I said, which way are they gone, he said, towards town, we run as fast as we could, and came up to Pimlico, and I called another watchman, I did not tell him what was the matter; when I came through Pimlico turnpike, I asked him if there had been any body gone past there, he said, yes; I came to Buckingham-gate, and heard there were four or five gone towards Westminster, but nobody had gone through the Park; the next watchman told me the same, the third watchman said, he is just before you; in Tothill-street just by the gulleyhole, I sprung my rattle, I did not see any body then, the prosecutor was close by me.

Did you spring your rattle yourself, or did he desire you? - I sprung it of myself, and turning round I saw a man standing against the side of a house, and Mr. Bowden said, that is one of the men, and I believe he has got a cutlass in his hand; I catched at that, but it was a whip, and not a cutlass; in the mean time two more men came in amongst us, seeming very innocent, and Mr. Bowden said, that is one, and that is one; says he, I will swear to all the three; and one of the Westminster patrols brought another man out of Dartmouth-street, and he said that was another, and he would swear to him; he said he would swear to them all four.

Were those four men the first four men that you saw, except the watchmen? - Yes.

They were not together at any time, when you first saw them? - No, Sir, not all together, only one or two.

Were they taken to the watch-house? - Yes.

Were they searched there? - Yes.

They are the four prisoners? - Yes.

Which of the prisoners was the first that you saw? - It was that next to me, Russle.

Who were the two that were taken together? - Thomas and Joseph.

Were they searched at the watch-house? - Yes.

Was there any thing found on any of them? - Yes, there was a guinea and two odd gloves found on James, who was taken in Dartmouth-street, two left hand gloves; there was a knife and a stock-buckle, and a part of a stock found upon Russell.

Was there any thing found on the other two that were taken together? - Nothing that I saw.

EDWARD WILLIAMS sworn.

I am a watchman; the last witness called to me for assistance, I followed him and joined in the pursuit, when I came into Tothill-street, I followed them as close as I could, the prisoners were all taken up and stopped.

What passed at the watch-house? - James Wiggans was searched first, two odd gloves were found on James, and two others were found in the street by a watchman who went out to look for them.

Was any thing else found upon James? - I heard there was a guinea found, I did not see it: Russel had a stock-buckle upon him, and a penknife.

Was there any part of a stock with the buckle? - Yes, there was.

JOSEPH CARR sworn.

I am a watchman; Mr. Bowden and Birdsay came running to me, my stand was at Pimlico, they asked me if I had seen any body go by, I said yes, there was several people gone by; Bowden said, I am robbed, I said I had seen seen several people, I did not describe any persons in particular, I had not noticed any person in particular.

When did you first see any of these people? - In Dartmouth-street, where they were taken; I did not see in what manner they were taken, I was behind Birdsey, I was at the watch-house when they were searched, I cannot tell their different names.

PATRICK KENNEDY sworn.

The prosecutor gave me charge of the prisoner Russell in Tothill-street, I heard a rattle spring, and I came and saw Mr. Bowden and a watchman come down, and they came and asked whether any body was gone by, and I sent my partner up a bye-street, and he brought out this man, he told me he had been robbed; I left them and went to my partner, then I heard somebody say here they are, and I came back, and I saw Russel with boots and a whip in his hand; there were three men taken not far from there.

Was there any body in sight when you first took Russel? - There were a good many people about, watchmen and other people, when I first saw Russel. I saw the other prisoners at the watch-house.

Mr. Garrow. How long was it after you heard the rattle rung, before Mr. Bowden asked you whether you had seen four or five men? - I came up to him in about two or three minutes.

When was the bill of indictment preferred? - On Monday.

Think again. - On Tuesday.

On Monday, I believe, Mr. Bowden could not come. - I cannot tell why it was not preferred.

What did Bowden say to you about this being a good fetch? - I never had any such conversation with him.

Had you, when together, any such conversation? - No.

At the Justice's office? - No, Sir, not as I know of.

No such conversation at all? - I never heard any thing like it, any more than what is common, that every body thinks to have something if they are cast.

Ave, something if they are cast: now in consequence of that what passed in whispers at the Justice's office? - There was not a word about it, as I know of, no more conversation than what is usual.

Where had you that conversation? - We had not a word.

Upon your oath, have you never had any conversation with Bowden, in the company of the other watchmen, about the reward of these men upon their conversation? - Upon my oath I never had.

ROBERT OATES sworn.

I am a patrol, as I was going my rounds about three quarters past twelve, or thereabouts, on Monday night, I was going down Dartmouth-street, and I heard a watchman's rattle, I made the best haste I could to it, and I saw Birdsay and the prosecutor, as I found he was afterwards; I asked him what was the matter, and he said, had I seen five men come that way; I said, no; they said the prosecutor had been robbed, and they had come down this way; my partner turns about to me and says, you had better run up Dartmouth-street again; I looked about and saw nobody at the end of Dartmouth-street, I saw lanthorns running by, and I went to them, and coming down Dartmouth-street, I met a man running along the middle of the way, I crossed over to him, and asked him what he was, and stopped him, he came into Tothill-street, and there I saw my partner had secured three more men, this man did not attempt to escape at all, when I desired him to stop, that was the prisoner James Wiggan .

Mr. Garrow. My Lord I have sent for Mr. Powis, and he has seen the messenger of the court, and he says he will not come.

Court. Send an officer with a subpoena, who if he refuses to come will take him into custody.

- SKIRVIN sworn.

I am constable of the night, I produce the property that I found on each of the prisoners, I have had it in my possession ever since; here is a pen-knife, a stockbuckle and two pair of gloves, I found these in the pocket of the prisoner.

On which of them? - They were not all found in one prisoner's pocket, these are the names upon which the things were taken; I put them down at that time; a knife and two of the gloves were found in James Wiggans 's pocket, and two gloves afterwards were found in the street by the watchman; the gloves that were found in his pocket were odd ones; and when the other two gloves were brought in, the prosecutor swore them to be his property; here is a pen-knife and stock-buckle which was found in Thomas Wiggans 's pocket.

What do you recollect that from? - I searched all the four.

Do you recollect it from your own memory or from the paper? - I put down his name, I found a guinea in James's pocket and a bad guinea.

Was any thing else found that he claimed? - No Sir.

Then nothing was found on Joseph nor Russell? - Not of his property.

Can you be very particular as to which you found them upon? - To the best of my knowledge.

I ask you if you can be very sure? - I am pretty sure it was so.

Mr. Garrow. You made a memorandum in writing at the time in order to be more accurate? - Yes.

So that you can have no doubt upon it you know? - No Sir.

The things were taken from the separate pockets, and put separate at the time, and against them was put the names of the people on whom they were found: were the things mixed? - No they were kept separate and put down from my own recollection.

Was Mr. Bowden present at the time when you put them down? - Yes.

He agreed with you that these things were right? - He did not contradict me.

Court to Prosecutor. Stand up again and look at those things that were found, look first at the gloves? - This is a thin pair that I wear in the summer.

What leather are they? - I do not know, they are the usual leather that I wear.

What do you know them by? - I have worn them for a good while, I know them from no particular mark.

Suppose there was a hat full of old gloves put in altogether, could you pick them out? - I knew them immediately as soon as I saw them, I have been used to them a considerable time, I know them perfectly well, I know they are my gloves, the gloves that I usually wear, I mean to swear to them; I had two pair of gloves in my pocket.

How happened that? - Them strong gloves I wear for cold weather; this knife I know it is mine. (The knife handed up to the Court.) I had no particular mark on it.

Could you have described your knife to another person? - I know it, I have been used to it a great while.

Did you know the maker's name on it? - No.

How long have you had it? - Three quarters of a year.

Do you know the stock-buckle and piece of the stock? - Yes.

Was there any mark on the stock-buckle? - No.

Was there any mark on the stock? - No.

Who wrote those marks that are now upon it? - I believe I wrote it at the Justice's office.

For what purpose? - I am not sure, I did not know there were any marks upon it.

Have you any remembrance that there was any marks upon it? - No.

Then why did you say that you believed you wrote it at the Justices? - I put no mark but at the Justices.

Do you know whether any thing is written upon it or not? - I do not.

Court. Do you remember the Justice desiring you to put a mark upon it? - Yes.

Then how came you to tell me now that you did not know whether it was marked or not? - I know the stock perfectly well; I have been long used to the buckle, I have often had it in my hands.

Have you observed any thing remarkable in it? - No.

Now I have observed something remarkable in it, by which I think I should know it? - I had my buckle for a year and a half, the buttons of it are flat.

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

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 17 August 2018), February 1785 (t17850223-3).

Old Bailey Proceedings front matter, 23rd February 1785.

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER III. 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.

MDCCLXXXV.

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 James Wiggans , &c.

Mr. Garrow. How many studs has it? - Four.

Are you sure of that? - Yes.

How many prongs has it? - It had four, I am pretty sure, but I cannot say whether there are four now.

Did the studs project beyond the rim, or were they within the rim? - I do not remember.

Has it a strait bar or is it turned? - I never took notice of it.

Is the outside rim strait or curved? - I think it is curved.

Now with respect to this knife, how many thousand of them do you think were sold at last Bartholomew-fair? - I do not know.

Had you a great coat on that night? - Yes, it was a bitter cold night.

Were your gloves in your great coat pocket? - Yes.

That is an odd way in a cold night, were they all in your great coat pocket? - Yes, in the outside pocket, the strong pair I think I had on my hands, and my thin pair were in my great coat pocket, I took them out of this pocket here, and put them in my great coat pocket.

Do you know were you bought these gloves? - No.

CHARLES CARY sworn.

I am a constable and beadle of Saint Margaret's parish, I was in the watch-house that night, and about a quarter before one the four prisoners were brought in, and the prosecutor and watchmen came in with them, the prosecutor charged them with a robbery, I asked him what, and I said we will search them, he said before we searched them, he had lost a stock buckle and some gloves, a knife, a pair of shoe buckles, and a knee buckle, he did not mention what gloves, he said two pair of gloves and a guinea.

Prisoner. That man has been in the Court during the whole trial.

Cary. The prosecutor did not say what sort of gloves they were; James was searched first, and there was found upon him two odd gloves and a good guinea, and a bad guinea, and ten shillings and six-pence in his breeches pocket, that was all that was found upon James; the good guinea was found in his coat pocket with the gloves, and the bad guinea and the ten shillings and six-pence in his breeches pocket: we next searched Russell, and we found in his waistcoat pocket a stock-buckle and a piece of a stock to it and a penknife; we searched the other two but there was none of the prosecutor's property found upon them.

What account did the prisoners give of themselves? - James said he was a gentleman, I then said we will search him first, while we were searching him, Russell went to the further part of the watch-house and sat down, I did not search the watch-house till after he was gone, but I went after and I found this pistol, they did not say much for themselves, as for the other two prisoners there was nothing of the prosecutor's found upon them; he said he had lost two pair of gloves, the watchman went out and found two other gloves.

WILLIAM PARRY sworn.

I was watchman at the Broadway, Westminster, and at half past twelve o'clock the alarm was given of this robbery, and of five or six men being together; we saw five men coming up to us all in a body, and I took one, that is the one; I know they were all taken in less than two minutes, the first turned up Dartmouth Street, and I took hold of the next and they came and took the rest.

Prisoners. We leave it to our council.

JOHN ANDREWS sworn.

I live in Bridges-street, Covent Garden, I keep the Nottingham Coffee-house, I am acquainted with the prisoner Russell.

Do you know the prosecutor? - No.

Do you know Mr. Powis? - Yes.

JAMES POWIS sworn.

I live in Newman's Row, in Lincoln's-inn-fields, I am a shoemaker.

How long have you known Mr. Bowden? - Mr. Bowden the currier, I believe it might be a dozen or fourteen years.

When did you see him last? - The last time I saw him I believe was on Tuesday last; he told me on Tuesday to the best of my recollection, that he was going to Clerkenwell to find a bill against some people that had robbed him; I was mentioning the matter to a person in our neighbourhood, one Ashley.

When did you communicate to Bowden what passed between you and Ashley? - On Monday morning I spoke to Bowden, and told him the circumstance, that there were people that were very willing to pay any expences, or words to that effect; Bowden consented to that, provided he could be secured from the laws of his country taking hold of him, and his expences paid, he was very willing not to take away the lives of the prisoners.

What was he to have? - Two hundred and fifty pounds, he did not ask it, but the gentleman who came along with him, told him in my hearing, that it would cost him one hundred and seventy or one hundred and eighty pounds, as he was bound over; that Mrs. Bowden was likewise bound over in forty pounds, to give evidence against them on account of the stock, which made it five: Mr. Bowden said it was so, and after this Mr. Ashley who was the person who first mentioned it to me, took me to the gentleman in Bridges-street, and Bowden was very agreeable according to the advice of his friend, to take it and keep out of the way: I asked Mr. Bowden if he would agree to be out of the way on the receipt of two hundred and fifty pounds, and when I mentioned the matter Mr. Bowden said it was so, and he must have something for his expences, and he would go to Bath or Bristol during the sessions.

What was it Bowden said about the two hundred and fifty pounds? - He did not say two hundred and fifty pounds.

He assented however upon terms that were talked of, to be out of the way? - He agreed to go to Bath or Bristol.

Was that the reason that he did not prefer his bill on the Monday.

Court. If it was, what then?

Mr. Garrow. If it were true, it would go a great way against the credit of the prosecutor, who had first accepted it, and now has denied it.

Was there any conversation about attending a suit in chancery? - Yes, Mr. Bowden sent a person off in my hearing to the Sessions-house at Hicks's Hall, to acquaint the people that he could not attend, having a cause in the Court of Chancery.

Did Bowden say at all what he was to have, or what he was to do? - He said, he would go off that evening for Bath or Bristol, provided I brought him the money, and more over than that, the money I was to give him, I was to put it in a room; and he was to take it.

What money was you to bring to Bowden? - The money I was to receive from Andrews.

Court. Had you any authority from any of the prisoners to make this proposition? - I had not, that I am clear in, I had seen none of them, nor none of their friends.

In consequence of this you went to somebody or other, for the purpose of getting the money? - Yes.

Did you get the money? - No.

Did you see Bowden afterwards? - Yes.

When? - The same day, and the next? I told him that Mr. Andrews had sent to the gentleman on Poultney-hill, I believe his name is Kidney, and Mr. Ashley brought me for answer, that Kidney would see Andrews, and appointed four o'clock; then when I had told him that, he sent to the Sessions-house, to tell the people he could not meet them that day, for he had a cause in Chancery.

Did you get the money? - No.

Did you see Bowden after that? - The next day he called at my house in the forenoon; I told him I had heard nothing of Mr. Andrews, or the parties, and I should not give myself any trouble about it.

What did Bowden say to that, when you said, you should trouble yourself no more about it? - He said, he was going to Hicks's Hall, that was on the Tuesday; I have not seen Bowden since.

Court to Bowden. You have heard now, the evidence that Mr. Powis has given? - Yes.

How came you to deny it? - I have an evidence, Mr. Allen that was with me at the time; I think it is very proper he should be heard.

Is he here? - I believe not.

Is this, that Powis has said, true? - No.

What part of it is false? - I called on Mr. Powis about some business, and he asked me to step down stairs with him; and he asked me as he was acquainted with some of the friends of the prisoners, if he could get me indemnified against all expences, whether I would appear against them; there was nothing about Bath or Bristol proposed; but if this gentleman, Mr. Allen, was present, he would be an evidence.

Court to Bowden. If this evidence of Powis's is false, and Mr. Allen is not present; you know what to do.

THOMAS SMITH sworn.

I live at Deptford, I am a baker and freeholder in the same county, I have known James Wiggans three years, and have some small knowledge of the other brothers; James during that time has bore the character of an honest, sober, good kind of young man; I still entertain the same opinion of him, and I believe, and I do say, that I would trust him with the value of the whole sacks of flour in my shop, and that is not a trifle; as for Thomas, I can only speak from general report, and if that report says true, he is intitled from that, to as good a character.

ROBERT SMITH sworn.

I am a freeholder, I live at Deptford, I know all the three Wiggans's, they have as good characters as any young men can have.

GEORGE HAMPSHIRE sworn.

I know James, his general character has been honest, I know the other two as his brothers; I have a high opinion of him I recommended him into the same employment I have.

JOSEPH SMITH sworn.

I live at Deptford, I have known James three years and a half, he is a sober, honest, worthy young fellow, I have seen the other two brothers, and have heard of their character being very sober and honest.

- HINDES sworn.

I know Thomas and Joseph, they are sober, honest, industrious, careful, good sort of fellows; I am foreman to the sawyers.

WILLIAM KNIGHT sworn.

I have known James three years, I know very little of the other two, his character is that of an honest man, and as far as I know, the other two are so.

WILLIAM CRESLOW sworn.

I have known them all three these three years, always very sober, honest, industrious young men, as for Thomas in particular, he lived at my house six months, and at next door eighteen months.

JOSEPH FLETCHER sworn.

I have known more of James than the others, he was when he was in his Majesty's service a very obedient honest man; I had him in my family, and if he had been otherwise than honest, I must have found him out.

JOHN CRAWFORD sworn.

I have known Joseph and Thomas, they were strongly recommended to me; their character has been that of honest men; I have nothing to say against them, I should have no objection to employ them again.

THOMAS GROVES sworn.

James always bore a good character, I have known him eleven years.

CHRISTOPHER HOBMAN sworn.

I have known James, I look upon him to be a very honest man, that is his general character.

THOMAS HENDLE sworn.

I have known James these five years, the others two years and better, they are very honest, good characters, and industrious.

The prisoner Russell called no witnesses.

JAMES WIGGANS , JAMES RUSSELL ,

GUILTY , Death .

JOSEPH WIGGANS , THOMAS WIGGANS ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 17 August 2018), February 1785 (t17850223-3).

Old Bailey Proceedings front matter, 23rd February 1785.

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 23d of FEBRUARY 1785, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER III. 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.

MDCCLXXXV.

THE WHOLE PROCEEDINGS UPON THE

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