Old Bailey Proceedings Online (www.oldbaileyonline.org, version 8.0, 28 May 2018), February 1785, trial of DAVID JONES (t17850223-4).

DAVID JONES, Theft > grand larceny, 23rd February 1785.

295. DAVID JONES was indicted for feloniously stealing, on the 19th day of October last, one velveret waistcoat, value 2 s. one man's hat, value 6 s. one pair of cotton stockings, value 2 s. nine guineas, value 9 l. 9 s. one half guinea, value 10 s. 6 d. and sixpence in money , the property of William Blick .

A second Count, for feloniously stealing on the same day, two bank notes, value 10 l. each, being the property of the said William Blick , and the several sums of 10 l. and 10 l. being then due and unsatisfied thereon to the said William Blick , the proprietor, against the form of the statute.

WILLIAM BLICK sworn.

I keep the Bull and Gate Inn, in High Holborn , I bank for many gentlemen in the country, to the amount of many thousands in the year; on the 19th of October, I gave the prisoner two ten pound banknotes to take to the bankers, and ten pounds in cash; it was to take up a bill, which I have intrusted him to do, I suppose for near a thousand pounds.

Court. You had intrusted him before? - Many times; and he took away a hat, which I had lent to another of my servants, and a waistcoat, and a pair of stockings.

What do you mean by banking? - I do business for gentlemen in the country, charging them an half per cent.

What capacity was the prisoner in with you? - A waiter , it was often very inconvenient for me to go into the city to the bankers, and in consequence of that he used to go.

What banker's? - I do not recollect, I do business with almost every banker in Lombard-street; it was the 19th of October, after four o'clock, I went to the farm which I have in the country the same afternoon; and the next morning very early, a messenger came to the farm, to inform me the prisoner was not returned, and the Notary public had called with the bill; I came to town, and went to Bow-street, and got some hand-bills printed, I then took my phaeton, and went down to Chatham, and distributed hose bills, and about ten days after the prisoner was taken upon suspicion; and being informed by a runner from East Smithfield office, that he answered my advertisement, I went there and found him at a public house; he had the waistcoat on, but I did not know it then, I know it was because I saw it before the Magistrate, on the Monday and Thursday.

Did you know into be your's? - I never wore the waistcoat, but it was my property, my wife told me it was mine, but my wife had promised him a waistcoat; I am sure the stockings are mine, I saw them in a handkerchief; the hat was gone.

Court. How do you know your wife did not give him the stockings? - She has since told me, that if he had behaved well, she would give him this waistcoat, she declared she did not give him the stockings; he had only eight shillings left when he was taken.

Where were these stockings taken from, do you know? - From a bureau drawer in one of the bars, I saw them about two or three days before, but I cannot be sure.

Mr. Peatt, Prisoner's Council. So you keep a banking? - Yes, I keep the Bull and Gate Inn.

I believe it is or house of civil protection for the goddenes that patrol Holborn, and preside over the fate of drunken men? - I should be glad you would explain yourself, Sir.

Is it not a house of protection for women of the town? - I neither keep nor procure any such.

Your's is an inn, is not it? - Yes, it is, three hundred guineas a year.

But such women may come in? - I have no business to ask them whether they are married or not, it is open for every body, provided they pay their way.

Did you at any time say, you should not have commenced this prosecution, but at the instance of your wife? - No, Sir.

Did you at any time say, that you had prosecuted for things that were not your property? - As to the waistcoat, after I came to know that.

Did not you say your wife made you bring the prosecution? - My wife does not rule me, I rule my wife.

Did you at any time say, your wife induced you to do this, or to do wrong? - Only touching the waistcoat.

- SADLER sworn.

On the 29th of October, I was sent to take the prisoner on a charge of robbing the prosecutor of two ten pounds bank-notes, and ten pounds in ash. I took him to prison, the next day he had his examination before the Magistrate and the Magistrate did not think it was a felony, he was discharged of that then Mr. Blick laid a charge of felony for robbing him of a waistcoat and hat he had the waistcoat on his back, I took it off him, and Mr. Blick swore it was his property; have is the waistcoat.

Was any thing said about stockings? - Not to my knowledge, I know nothing of the hat.

Mr. Peatt. All that you found upon him was the waistcoat? - Yes.

The prosecutor did not charge him with these stockings and waistcoat till he understood from the magistrate, that going off with the notes and money was no felony? - He charged him at first only with the notes and money.

Did the prosecutor say any thing before the Magistrate, in the hearing of the prisoner, as to the reason of this prosecution? - I heard no other than what I have told you.

PRISONER's DEFENCE.

I have no further to say, than I came from sea two years ago; I used this house and spent a great deal of money, I lent the prosecutor twenty or thirty pounds, and I was induced to be his waiter, the waistcoat was given me, and the hat likewise; as to the stockings I know nothing about, they are in that bundle that I came away with.

Mr. Peatt to Prosecutor. In what capacity was this boy in your house? - As a waiter, I do not pay them any wages.

Prisoner. We have only what we get.

Did you receive him on account of his friends? - I will tell you the real truth, as soon as his money was gone, I desired him to get into a ship, for I had so much loss by officers.

Was he a customer to your house before he became your servant? - He was very ill when he came, he spent seven pounds in all; I suffered him to remain in the house, his place was worth a hundred pounds a year, he was a customer about four months.

Is it customary when men have laid out their little property, to make them servants? - There was another that I arrested him by his own consent, and he was of a good family; this young man's bill was at that time about eight pounds; he came and put forty pounds into my hands, and he drew it out in less than two months.

Did you let him remain in your house as a customer, or under the idea of servitude? - As a servant, the very same as all servants I ever had, I gave him that place that he might get his money up again, he assented to it and waited on all company that ever came.

WILLIAM HOVILLE sworn.

I know the prisoner, I was servant to the prosecutor, I gave the prisoner a hat that the prosecutor gave me last April.

Did you at any time hear the prosecutor say his wife had made him do wrong? - He said that if he had done wrong it was through his wife.

CATHERINE LING sworn.

There were an old pair of white ribbed stockings about the kitchen, and I said the prisoner might have them, they were not worth a farthing, these are not the stockings.

Prosecutor. These are not the stockings he took from my house, they were in the handkerchief before the headborough.

Court to Sadler. What is become of the stockings? - These are the stockings, there were no other.

Prosecutor. They were ribbed stockings my Lord.

Mr. Peatt to Ling. Were the stockings ribbed that you gave the prisoner? - Yes, they were ribbed stockings, nor worth a farthing.

Prosecutor. They were in the handkerchief with the other things.

Were they new stockings? - No.

Were they old? - They were in the middling way, they might be darned in the heels.

Did they lay about the kitchen? - In the tap room there is a bureau where a great number of my stockings are, and sometimes they are thrown in there.

What is the value of them? - They are about five shillings a pair.

But what were they worth? - I suppose they might be worth a couple of shillings.

Mr. Peatt. How long was it from the time you suspected the stockings were stole, before you saw them? - I said before I am not clear, I have two dozen pair of stockings, I do not know when I saw them last, till I saw them in his handkerchief.

Court. You say nothing with respect to the bank-notes and money.

Mr. Peatt. I leave that to your Lordship.

Mr. Justice Gould in summing up to the Jury, mentioned the case of the man that hired a horse to go to Sutton, and instead of that went and sold him in Smithfield, which was reserved for the opinion of the Judges, and held to be a felonious taking; and Mr. Justice Buller mentioned the case of Bass, (Newnham's Mayoralty, No. I. Part III. folio 45.) and concurred in opinion that the possession still remained in the master.

GUILTY .

Transported for seven years .

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