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 9th of January 1776, and the following Days;
Being the SECOND SESSION in the Mayoralty of The Right Honble JOHN SAWBRIDGE , LORD MAYOR OF THE CITY OF LONDON.
REVISED AND PUBLISHED BY JOHN GLYNN , SERJEANT AT LAW, AND RECORDER OF LONDON.
NUMBER II. PART I.
PRINTED BY WILLIAM RICHARDSON ; FOR EDWARD AND CHARLES DILLY .
SAWBRIDGE, MAYOR.
At a Common Council holden in the Chamber of the Guildhall of the City of London on Friday the 17th of November 1775,
A MOTION was made and QUESTION put, That 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, be regularly, as soon as possible after every Session, published by the Recorder, and authenticated with his Name: The same was resolved in the Affirmative.
RIX.
THE WHOLE PROCEEDINGS UPON THE
KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.
BEFORE the Right Honourable JOHN SAWBRIDGE , LORD MAYOR of the City of London; the Right Honourable Sir SYDNEY STAFFORD SMYTHE, Knight, Lord Chief Baron of his Majesty's Court of Exchequer; the Honourable Sir WILLIAM HENRY ASHHURST, Knight, one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir GEORGE NARES , Knight, one of the Justices of his Majesty's Court of Common Pleas; Mr. Serjeant GLYNN, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate holden for the said City and County of Middlesex.
Nathaniel Martin ,
Thomas Davis ,
Guy Wilbourne ,
John West ,
Richard Carrington ,
Thomas Cloak ,
Thomas Downes ,
George Mackerill ,
Robert Brooke ,
Thomas Morris ,
Thomas Davidson ,
William Ward .
1st Middlesex Jury.
John Leader ,
Nicholas Hancock ,
William Leech ,
Richard Day ,
Richard Hett ,
Samuel Ayriss ,
John Pass ,
John Clark ,
John Dover ,
Caesar Hoar,
William Almon ,
Thomas Ward .
2d Middlesex Jury.
Peter Tabois ,
Benjamin Figgins ,
John Golton ,
James Smart ,
Francis Thompson ,
Joseph Bailey ,
Thomas Angeli ,
Charles Howell ,
Thomas Grinnard ,
Robert Capell ,
Thomas Kendal ,
[ John Watkins served part of the time in the stead of Samuel Ayriss .]
DANIEL HOPKINS.
112. DANIEL HOPKINS was indicted for stealing six silver watches, value 12 l. and a metal watch, the outside case covered with shagreen, value forty shillings, the property of William Trent , in the dwelling house of the said William , September 30th .
" WILLIAM TRENT deposed, that he put
"the watches mentioned in the indictment into
"a bureau in a room up two pair of stairs,
"when he was going into the country; that
"upon his return to town, four months afterwards,
"the watches were wanting."
[The watches were produced in Court by Matthew Swift , a constable, and deposed to by the prosecutor.]
"SWIFT deposed, that the watches were
"put into his care at the justices, where they
"were brought by one David Jacobs , a Jew,
"in consequence of an advertisement inserted
"in the news-paper."
DAVID JACOBS was called, but not appearing, the Court ordered his recognizance to be estreated.
NOT GUILTY .
Tried by the First Middlesex Jury before Mr. Justice NARES.
THOMAS LEWINGTON.
113. THOMAS LEWINGTON was indicted for stealing a piece of broad cloth, value 15 l. the property of Edward Leach , December 4th . - KING sworn.
Mr. Edward Leach , the prosecutor, is a woollen-draper . On the 4th of December the piece of broad cloth mentioned in the indictment was stolen out of my cart; I saw the prisoner in Mr. Wallis's, a woollen draper's shop, with the piece of cloth I had lost.
Mr. Wallis's Servant sworn.
I saw the prisoner in the street with the cloth; I stopt him, and brought him into Mr. Wallis's shop.
I picked up the cloth in the street,
GUILTY . Burnt in the hand , and imprisoned .
Tried by the First Middlesex Jury before Lord Chief Baron SMYTHE .
JAMES GRANT, JAMES BEAN.
114, 115. JAMES GRANT and JAMES BEAN were indicted for burglariously breaking and entering the dwelling house of Lewis Desormeaux , upon the 18th of November, about the hour of one in the night, and stealing 25 lb. weight of silk, value 40 l. the property of the said Lewis, in his dwelling house .
" LEWIS DESORMEAUX , a dyer , in Pearl-street ,
"Spitalfields, deposed, that his house
"was broke open in the night of the 18th of
"November, and the silk mentioned in the
"indictment was stolen."
There was no evidence to charge the prisoners, but the testimony of an accomplice unconnected with any corroborating circumstances; they were therefore found
See the Trial of Lamb Smith and John Davis for the same burglary, Number 54, 55, in the last Session.
ELIZABETH HYAM.
116. ELIZABETH HYAM , spinster , was indicted for breaking and entering the dwelling house of John Chandler , on the 17th of November , about the hour of eight in the night, and stealing a portmanteau trunk, value one shilling, two silver watches, value 3 l. an embroidered silk waistcoat, value ten shillings, two cloth waistcoats, value forty shillings, five silk and cotton waistcoats, value twenty shillings, a pair of worsted breeches, value three shillings, a pair of cloth breeches, value ten shillings, a silk waistcoat, value six shillings, a silver knee buckle, value three shillings, a pair of silver shoe buckles, value eight shillings, two mens hats laced with gold lace, value eighteen shillings, five linen shirts, value fifteen shillings, a muslin neckcloth, value two shillings, and a pair of worsted gloves, value ten-pence, the property of the said John Chandler , in his dwelling house .
" JOHN CHANDLER deposed, that his
"house was broke open on the 17th of November,
"and he lost the goods mentioned
"in the indictment."
"- MANWARING deposed, that he
"found a shirt and a neckcloth of the prosecutor's
"in a room up two pair of stairs, in
"the house of the prisoner."
It appeared in evidence, that the room in which the prosecutor's shirt and neckcloth were found, was the lodging of John Grant , who had just been tried for another offence.
The prisoner called several witnesses, who gave her a good character.
ISABELLA MOORE, ANN CROSS.
117, 118. ISABELLA MOORE and ANN CROSS were indicted for stealing two guineas , the property of Alexander Corson , December 5th .
The prosecutor being called, and not appearing, the Court ordered his recognizance to be estreated.
SARAH BARNARD.
119. SARAH BARNARD , spinster , was indicted for stealing thirteen linen shirts, value 8 l. and three linen handkerchiefs, value three shillings , the property of Mary Robinson , spinster , December 18th .
" MARY ROBINSON (a washerwoman )
"deposed, that the prisoner was at her lodging
"on the 18th of December, and that
"she missed the linen mentioned in the indictment
"out of her apartments the next
"morning."
" PENELOPE GODDARD deposed,
"that the prisoner offered to sell her the
"shirts; that suspecting she did not come
"fairly by them, she stopt them, and gave
"information of the matter to a justice of the
"peace."
"- CONNOLLY deposed, that the
"prisoner voluntarily confessed before the
"justice that she stole the shirts and the handkerchiefs
"mentioned in the indictment."
GUILTY . Burnt in the hand and imprisoned .
Tried by the First Middlesex Jury before Mr. Justice ASHHURST.
SAMUEL M'KENSIE, ELIZABETH M'KENSIE.
120, 121. SAMUEL M'KENSIE and ELIZABETH M'KENSIE were indicted for stealing a silver watch, value forty shillings , the property of Thomas Golding , November 13th .
SAMUEL GARTHWAITE.
122. SAMUEL GARTHWAITE was indicted for stealing a gold watch, value 12 l. the property of Richard Price , November 18th .
The prosecutor being called, and not appearing, the Court ordered his recoguizance to be estreated.
THOMAS OLIVER.
123. THOMAS OLIVER was indicted for stealing ten shillings and two-pence half-penny , the property of William Bean , November 20th .
JOHN LOVE sworn.
I am a servant to William Bean , who keeps the Black Man and Woolpack in Pimlico : I had been out with some beer, about seven or eight at night of the 20th of November; in my return home the prisoner addressed me in the street, and bid me bring to the Queen's-row coffee house a pot of beer, and change for half a guinea: I went home and got the beer and the change; the prisoner met me in the street, and appeared very angry for my staying so long; he said give me the change and the pot of beer, and fetch another pot: I gave him the ten shillings and two-pence half-penny, and went home for the other pot of beer; when I brought that pot the prisoner was gone: the money is my master's property; I am positive the prisoner is the man that had it from me.
HENRY WILSON sworn.
I took up the prisoner; he was committed upon Friday night: I was present on Saturday morning, then Love picked the prisoner out when he was amongst ten or a dozen people.
I am entirely innocent of the charge.
WILLIAM SMITH.
124. WILLIAM SMITH was indicted for stealing one pair of leather bags, value twenty shillings, thirty-seven pair of stone shoebuckles, set in silver, value 59 l. twenty-seven pair of stone knee-buckles, value 11 l. fifteen stone stock-buckles, set in silver, value 7 l. twenty-five gold rings, set with garnets, value 10 l. eight pearl foil-stone rings, set in gold, value 4 l. six gold rings, set with garnets and paste, value thirty shillings, two cluster rings, paste, value twenty-five shillings, one topaz garnet ring, value twenty shillings, two coloured paste rings, set in gold, value eleven shillings, one brilliant diamond ring, value 8 l. 8 s. sixteen cornelian seals, set in gold, value 18 l. forty-seven metal chains, gilt, value 7 l. five pair of pebble sleeve buttons, set in silver, and gold edges, value 3 l. 8 s. three pair of sprig mocoa sleeve buttons, set in silver, value fifteen shillings, six pair of sprig mocoa sleeve buttons, setin gold, value 5 l. 8 s. twelve pearl and soil-stone lockets, set in gold, value 7 l. four garnet pearl lockets, set in gold, value 4 l. 4 s. four small garnet lockets, set in gold, value thirty-four shillings, six plain gold lockets, value 1 l. 16 s. two paste stay hooks, set in silver, value twenty-five shillings, fifteen pair of garnet ear-rings, set in gold, value, 4 l. 10 s. twenty-one pair of paste and foil-stone ear-rings, value 8 l. two garnet crosses, set in gold, value ten shillings, six fancy garnet pearl and foil-stone shirt-buckles, value 3 l. thirty-eight garnet and paste shirt-buckles, value 10 l. ninety-five silver thimbles, with steel tops, value 4 l. 13 s. fifty-five foil and paste hair pins, set in silver, value thirty shillings, forty-two paste shirt-buckles, set in silver, value 3 l. 13 s. twenty-seven silver tooth pick cases, value 3 l. 14 s. four silver ear picks, value three shillings, three dozen of Tasse's seals, set in metal, value 4 l. 10 s. forty-two cornelian seals, set in silver, value 3 l. 14 s. six dozen gold wire ear-rings, value 7 l. 5 s. twelve plain gold rings, value 3 l. 4 s. nineteen fancy lockets, set in metal, value nineteen shillings, one hundred and thirty-two pair of stone sleeve-buttons, set in silver, value 13 l. 19 s. twelve cornelian seals, set in metal, value 1 l. 16 s. fourteen cornelian seals, set in silver, value 2 l. 12 s. 6 d. three dozen gold hoop rings, value 3 l. 16 s. twenty eight plain gold shirt-buckles, value 5 l. 12 s. forty-two plain silver shirt-buckles. value 2 l. 2 s. twenty-one morocco pocket-books, with silver locks, value 8 l. thirty-four guineas, three oz. of gold, value 11 l 11 s. one vellum pocketbook, value one shilling, and two linen shirts, value twenty shillings , the property of James Topham .
JAMES TOPHAM sworn.
On Tuesday the 11th of December last, I left a pair of saddle bags wrapped up in paper, directed to myself in Basing-lane, London, to come by the first coach from Oxford. The keeper of the inn told me the coach would set out for London on the next morning the 12th, and would arrive the same night at the Golden-Cross, Charing-Cross. I sent on Wednesday the 12th to the Golden-Cross for the bags; the messenger informed me that the parcel was not come, though there was a parcel in my name entered in the way-bill. On Thursday the bags were found by some workmen at a house in Aldersgate-street: the bags were cut open, and the goods were taken out; but there being some of my cards left in the bags, they brought the bags to me; upon this I wrote a list of the contents of the bags, which I carried to Goldsmiths-Hall, and had hand-bills delivered about, offering 20 l. reward for the discovery of my property: then I went post to Oxford; I found my parcel booked there. Upon the Monday following the prisoner was stopt by a pawnbroker; my pocket ledger, containing some bills, was found upon him, and some of my goods were afterwards found at the Castle on Smallberry-Green. The saddle-bags contained goods to the value of about 372 l.
WILLIAM STILES sworn.
I am the driver of the Oxford coach; I took the prisoner up at Uxbridge, he rode outside the coach, till we came to the Old Hats; it being a cold wet night, he asked me to let him ride inside the coach to London, which I consented to. When I got to the Golden-Cross at Charing-Cross, and unloaded my coach; I asked the prisoner if there was any thing in my coach belonging to him; he said, yes, that was his parcel, pointing out a bulky parcel, tied up in brown paper; he took the parcel away with him, and I did not see him again till I saw him before the justice.
THOMAS JONES sworn.
I am a pawnbroker: the prisoner came to
me on the 18th of December, and desired me to lend him money upon a hoop ring; upon my asking him where he got it, and what he gave for it, he ran out of the shop; I pursued him and brought him back again: when he was seached several other things were found, which were claimed by the prosecutor.
[The hoop ring, and the other trinkets found upon the prisoner, were produced in court, and deposed to by the prosecutor.]
I know nothing of the matter .
Burnt in the hand and imprisoned .
PHILIP RANDALL, WILLIAM GREENWOOD.
Violent Theft: highway robbery, Violent Theft: highway robbery.
125, 126. PHILIP RANDALL and WILLIAM GREENWOOD were indicted for that they, in the king's highway, in and upon Peter Planch feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two half guineas and three shillings in monies numbered, the property of the said Peter , December 5th .
PETER PLANCH sworn.
Upon Tuesday the 5th of December, after Mr. Wood, a young lady, and myself had been to the play; Mr. Wood and I accompanying the young lady home to Chelsea , between ten and eleven o'clock at night, were overtaken by the prisoners, who immediately turned back, when Randall presented a pistol to us, and demanded our money; Greenwood stood before us, but he did not speak: I gave Randall three shillings, he looked at it and demanded more, then I gave him out of another pocket two half guineas and some halfpence: the moon shone very bright: I observed Randall turn and hold the money up towards the moon, to see what it was.
Are you positive the prisoners are the men who robbed you? - I have no doubt of it. In consequence of an information I had given of the robbery at Sir John Fielding's office, I was sent for about a fortnight ago; the prisoners were then in custody; I knew them then to be the persons that robbed us, and I have no doubt now.
WILLIAM WOOD sworn.
I was in company with Mr. Planch at the time of the robbery; it was a very fine moonlight night; I have no doubt about the identity of their persons, I knew them again as soon as I saw them at Sir John Fielding 's.
LEVY MOSES sworn.
I apprehended the prisoners in consequence of an information I had received of this robbery.
RANDALL's DEFENCE.
I am quite innocent
GREENWOOD's DEFENCE.
I have nothing particular to say.
They were a second time indicted, for that they, in the king's highway, in and upon John Johnson , Esq ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a gold watch, value 10 l. a gold watch chain, value 5 l. a topaz seal set in gold, value forty shillings, a cornelian seal set in gold, value ten shillings, a green-silk purse, value two pence, and a guinea and a half guinea in monies numbered, the property of the said John , December 10th .
MARY WALSH sworn.
As I was lighting and leading Mr. Johnson from Tottenham-court-road to London, on the 10th of December, as Mr. Johnson is almost blind, the two prisoners stopt us, the tall one presented a sword, the short one bid Mr. Johnson deliver; Mr. Johnson gave him a green purse, containing a guinea and a half; the short one then said, you have a watch; Mr. Johnson gave them his watch: I observed the short one had something bulky tucked in at his breast, which I took to be a pistol; the moon shone very bright, and I am certain the prisoners are the men.
"LEVIMOSES deposed, that the prisoners at
"the bar offering to sell him a gold watch, he
"had them secured."
[The watch was produced in court, and deposed to by the prosecutor.]
The prisoners said in their defence, that they found the watch.
EMANUEL POLOCK.
127. EMANUEL POLOCK was indicted for stealing a gold ring set with a topaz and eight other stones, value twenty shillings, another gold ring set with a mocoa stone and thirteen diamonds, value 3 l. the property of John Wood , December the 12th .
JOHN WOOD sworn.
I am a jeweller and silversmith in the Minories : the prisoner came into my shop on the 12th of December about noon, and asked to look at a ring I had in my shew-glass; I took the case out, and I saw the prisoner, instead of taking out that ring, take out the two rings mentioned in the indictment; I immediately collared him, and found my rings upon him.
There is not any truth in Mr. Wood's evidence.
Tried by the London Jury before Mr. RECORDER.
WILLIAM YOUNG.
128. WILLIAM YOUNG was indicted for stealing a linen handkerchief, value ten pence , the property of Joseph Thompson , December 21st .
JOSEPH THOMPSON sworn.
On the 21st of December, at the corner of Thames-street , I felt a pull at my pocket, I turned round and saw the prisoner run away, I pursued and took him: I found my handkerchief in the street, but I did not see the prisoner take it or drop it.
EDWARD SPENCERFIELD sworn.
I am a constable: the prosecutor gave me charge of the prisoner, the handkerchief was found before.
MARY READ.
129. MARY READ was indicted for stealing two sattin cloaks, value forty shillings, three woollen cloth cloaks, value ten shillings, fourteen linen shirts, value 3 l. nine linen shifts, value forty shillings, four muslin peckcloths, value six shillings, two pair of stone buckles; set in silver, value ten shillings, a pair of stone knee buckles, set in silver, value eight shillings, nine linen aprons, value forty shillings, a linen table cloth, value six shillings, four linen sheets, value five shillings, a pair of women's stays, value ten shillings, two pieces of linen cloth, containing thirty-seven yards, value ten shillings, four linen gowns, value twenty shillings, and a cotton gown, value ten shillings , the property of Mathias Hamburg , December 25th .
MATHIAS HAMBURG sworn.
I am a taylor , at No. 10. in Salisbury-court : the prisoner was my servant ; the things mentioned in the indictment (repeating them) were delivered into her care: on Christmas-day I looked in the drawers, and found they were all gone; I charged her with the theft, she confessed she had pawned them, because she was involved in debt, and was afraid of being arrested.
Did you make her any promise of mercy to induce her to confess? - I said I would hang her: she said she did not intend to deprive me of them; I had an extraordinary good character with her.
WILLIAM FLEMING sworn.
I am a pawnbroker: I took in pawn of the prisoner two pair of stone shoe-buckles, a pair of knee-buckles, and a hair-pin. [They were produced in court, and deposed to by the prosecutor.]
JOHN QUINCE sworn.
I am a pawnbroker: here are three gowns, a petticoat, and two sheets (producing them) that I took in pawn; the prisoner brought some in November and December 1774, and the others in February 1775. [They likewise were deposed to by the prosecutor.]
The prisoner did not say any thing in her defence.
SUSANNAH COLE.
130. SUSANNAH COLE was indicted for stealing a pewter pint pot, value ten pence , the property of Thomas White , December 27th .
THOMAS WHITE sworn.
On the 27th of December, in the afternoon, the prisoner came into my house and had a penny-worth of beer; as she was going out again, she dropped a pint pot; I searched her, and found a pint of mine, and seven belonging to other people, tied round her under her petticoat.
JOSEPH GATES sworn.
I saw the pots taken from the prisoner.
I found the pots in Moorfields; I saw they belonged to one Mr. Read at Billingsgate, and was going to carry them there.
WILLIAM THOMAS.
131. WILLIAM THOMAS was indicted for stealing a woollen cloth coat, value two shillings , the property of John Edwards , December 28th .
JOHN EDWARDS sworn.
I am a salesman in Barbican . I was out at the time of the robbery, I can only speak to the property.
SARAH NEWSOM sworn.
I live opposite the prosecutor: upon Thursday the 28th of December, the prisoner came to my shop and cheapened a shirt, but did not buy it; having some suspicion of him, I watched him over to Edward's shop, and I saw him take a coat that hung at the door, and put it under his coat; I called out stop thief; he began to run, but a gentleman at the corner ran against him, and threw him backwards, and the coat fell from under his coat.
I found the coat.
GUILTY of stealing to the value of ten pence . W .
WILLIAM COOKE.
132. WILLIAM COOKE was indicted for stealing a linen handkerchief, value ten pence , the property of William Shingley , December 30th .
WILLIAM SHINGLEY sworn.
Upon Saturday se'nnight, about three or four doors from my own house, I felt something at my right-hand pocket; I turned round, and caught the prisoner with my handkerchief in his hand, he immediately threw it to a companion, about three yards behind him, but he refused to take it; I pulled the prisoner to the handkerchief, took it up, and took him to the Compter.
I was going along, the prosecutor missed his handkerchief, which was lying on the ground; he charged me with stealing it, but I never had it.
HENRY LLOYD.
133. HENRY LLOYD was indicted for stealing a piece of love riband, containing thirty six yards, value seven shillings, two pieces of thread lace, containing thirty-one yards, value twenty-four shillings, seven pair of silk mittens, value sixteen shillings, twelve yards of velvet riband, value five shillings, two gross of shirt buttons, value two shillings, and a pound weight of thread, value three shillings , the property of Stephen Langston , Jervis Chambers , and William Langston , December 18th .
JARVIS CHAMBERS sworn.
I am in co-partnership with Stephen Langston and William Langston : the prisoner was our porter : having some reason to suspect his honesty, I set a person on the 18th of December to watch him; that person informed me the prisoner had taken some halfpence out of the till; I went to his lodging, and finding some of our goods there, I got a warrant and searched his box, where I found a number of our goods.
ANTHONY INGRAM sworn.
I went with Mr. Chambers to the prisoner's lodging; we found there in his box, and in an
handkerchief, all the several articles mentioned in the indictment.
CHAMBERS. I can swear to them all, they have our marks upon them.
RICHARD HOLYER sworn.
I am servant to Messrs. Chambers and Langston; I was at the execution of the search warrant. The things now produced are the property of the prosecutors; I can swear to the marks upon them.
I leave myself to the mercy of the Court.
The prisoner called five witnesses, who gave him a good character.
MAXWELL BLACKMORE, JOHN HALL.
134, 135. MAXWELL BLACKMORE and JOHN HALL were indicted for that they, in the king's highway, in and upon Benjamin Eggleton feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one pair of silver shoe-buckles, value twenty shillings, the property of the said Benjamin , December 24th .
BENJAMIN EGGLETON sworn.
I work at a glass-house : I was at Saltpetre Bank on the 24th December, between one and two o'clock in the morning; the prisoners came behind me and stopped me; they asked me if I had pistols about me? I told them I had not; Hall said I had, and insisted upon searching me; Blackmore took me by my collar, while the other took a pair of shoe-buckles out of my pocket; it was under a lamp, so that I could see them very plain: I went home immediately, and a young man went with me in search of the prisoners; we saw them drinking at a public-house, the Ship, in Rag-fair; there were many people there: we thought we were not sufficient to take them, so we left them; I whispered to the young man, that they were the men: we went on the Wednesday following to another public-house, the Prussian Hero, there we saw Blackmore: I went out with a pretence to fetch some steaks, in order to get more help; when I returned Blackmore was gone: as we were going in search of Blackmore, we met Hall; we secured him, and soon after we took Blackmore at the Ship: they were taken before justice Sherwood, but the buckles were not found upon them.
THOMAS HUNTER sworn.
I went with the prosecutor to the Prussian Hero, there we saw Blackmore; the prosecutor told me he was one of the men; we went to fetch some of justice Sherwood's men; when we returned Blackmore was gone: going along the street after that we saw Hall, the prosecutor said he was the other man; we took him into custody: then we went to the Ship, where we found Blackmore; there was no light near when we laid hold of Hall.
Prosecutor. I looked close to his face, and saw a cut in his eye.
One of justice Camper's men confirmed the evidence of the last witness; but said, that the prosecutor said Hall was one of the men who robbed him when he was twenty yards distance from any lamp.
BOTH NOT GUILTY .
THOMAS WILLIAMS.
136. THOMAS WILLIAMS was indicted for that he, in the king's highway, in and upon Mary, the wife of John Ship , feloniously did make an assault, putting her in corporal fear and danger of her life, and stealing from her person thirteen yards of stuff poplin, value forty shillings, and a half guinea, the property of the said John , December 20th .
(The witnesses were examined apart at the request of the prisoner.)
MARY SHIP sworn.
I live in Stanhope-street, May-fair: I am a washerwoman , my husband is in service: as I was coming out of Queen-street in my way home, on the 20th of December, at about seven o'clock in the evening, a man came before me, who immediately stooped and picked up something like a pocket; the prisoner then came behind me, and together they forced me up against the steps of my lord Verney's door; then the prisoner asked me what money I had? I told him I had none; he said he wanted money, and swore by his Maker he would have money, and that if I made the least resistance he would call a third man, and take me to the dead wall, and then I might help
myself as I could: I desired him not to use me ill; that half a guinea was all I had, and that I was very poor woman; then he asked what I had under my arm? I said nothing of great value; he took the poplin from under my arm, and then demanded the half guinea, which I gave him: the moon did not shine at that time, but it was under a lamp, so that I saw his face very plain; I described him to all my neighbours when I came home: the prisoner asked me whether I knew him? I said I did not; then he asked again whether. I thought I should know him if I saw him again? I said no, for fear of the consequences; then he bid me not say any thing, or it would be worse for me. Upon leaving me, he put into my hand a ring, wrapped up in a paper; I never opened the paper till I came to lord Essex's; the paper was there read, and it appeared to be a receipt for 4 l. 4 s. 6 d. for the ring, dated that day week: by the description I had given of the men to the chairmen about lord Essex's, they knew the prisoner, and he was taken up: he was carried to Mr. Coward's, a public-house; there he confessed the robbery, and desired me to take the money the poplin was worth, and the half guinea; he told me that he kept the Marquis of Granby, a publichouse, in Drury-lane; and rather than give me any trouble, he would make me satisfaction; I refused it: Mr. Coward advised me not to take the money, for I might be prosecuted for compounding of felony: the prisoner put down two guineas at the time he made the offer.
What are you? - A very poor woman, my husband is in service.
Had you any thing from the man that picked up the pocket? - No.
Did not the prisoner say it was a lucky thing, when he produced the ring and receipt, and whether it was not taken notice of at that time? - The receipt was not produced, nor given to me till after I was robbed: there were watchmen at the ends of the street, but I did not call out, nor alarm any body, because they threatened to carry me to the dead wall if I did: I went to lord Essex's and shewed the receipt and ring, and I laid there all night.
JOHN LEWIS sworn.
I am the beadle of St. George's, Hanover-square: I was sent for to Mr. Coward's, in order to take this man; I found the prosecutrix there; she charged him then with robbing her of an orange-coloured piece of poplin and a half guinea; I searched him and found two guineas, two shillings, and some halfpence, and a woman's pocket upon him; and I think the receipt and the other papers were in the pocket at that time.
Prosecutrix. I produced the receipt at the justice's, then the other paper was produced.
When was this confession made? - Before he went to the round-house.
THOMAS COWARD sworn.
The prisoner was brought to my house upon the 27th of December, about eight or nine o'clock: the chairmen charged him with robbing Mrs. Ship; I said I would send for her, for I have known her for many years: while the man was gone to fetch Mrs. Ship, the prisoner took out a guinea, and offered to leave it in my hands, in lieu of the poplin, and he said he would find the poplin the next day if he could; he offered to leave that guinea if I would set him at liberty: the prosecutrix came immediately; there were then eight or ten people in the room, many of them were strangers to her, she directly pointed out the prisoner: she said Mr. Williams I am glad to see you; the prisoner said he would pay her for the poplin; he asked her what it was worth, and offered her a guinea, he afterwards offered her two guineas, and I believe the poor woman would have taken it if I had not persuaded her, that if she did she might herself be indicted for compounding felony; and she did at the same time mention being robbed of half a guinea; and farther, that he had forced a ring and a paper into her hand.
What character does the prosecutrix bear? - I have lived where I do now fourteen years; I believe she has lived there ten years; her husband is groom to lord Orwell; she takes in washing, she is a very honest, industrious woman. The chairmen mentioned in the prisoner's presence, that he offered them a guinea a piece to let him go when they were upon Hay-hill, and the prisoner did not deny it.
ALEXANDER BROWN sworn.
I am a chairman: my lord Antrim's chairman told me that a woman had been robbed by the people, he believed, that dropped the rings: my partner and I went to seek after them, and we took up the prisoner; as soon as the prosecutrix saw him, she said how do you do Mr. Williams, I am glad to see you, you are the man that robbed me.
Prosecutrix. After he asked me if I should know him, he said my name is Williams, I am a carpenter in Mount-street: I called him Williams at the time I came into the room.
BROWN. I was at Mr. Coward's; he offered a guinea, and said he would get the poplin again; I heard him say he kept the Marquis of Granby's Head in Drury-lane: when we were upon Hay-hill, the prisoner said he was a man of property, and if we would go to his house, he would treat us: he desired we would go to a company he had left; we went with him towards the place he had mentioned; then he turned round and wanted to go towards New Bond-street: he acknowledged he was the man, and said it was the first offence he had been guilty of.
HENRY HAWKINS sworn.
I took the prisoner in Berkeley-square: he said he was a man of property, and kept the Marquis of Granby's Head in Drury-lane; he said he had just left the Coach and Horses in Dover-street, and he would convince us by the company he came out of, that he was not the man; goi ng through Berkeley-square to Dover-street, upon Hay-hill, he turned down towards Grafton-street, and then offered to treat us if we would let him go; we would not: then he owned he was the man; he said this was the first fact, and he offered us a guinea each; indeed he afterwards offered to double it if we would let him go, which we refused: we carried him to Mr. Coward's in Curzon-street, May-fair; he desired we would not expose him, so we carried him into a back parlour; then we sent for Mrs. Ship: there were, I believe, ten people in the room when she came, yet she pitched upon him directly: the prisoner offered to pay two guineas, and to return the poplin next morning: he laid down the two guineas; he had likewise two shillings and some half pence.
Whether the prosecutrix did not say she was decoyed? - She said she was robbed.
Whether she called the prisoner by his name in Coward's parlour? - Yes, and said she was glad to see him, for he had committed the robbery: he confessed the fact, but said it was his first offence.
What description did you received from lord Antrim's people? - Lord Antrim's servants said the ring-droppers were out, or the people that robbed Mrs. Ship; I believe they made use of both expressions.
Prisoner. I beg to ask the prosecutrix whether she did not not wish me a good night? - I did not.
Coming down Curzon-street, about seven o'clock, I saw Mrs. Ship and a man looking at a paper; Mrs. Ship asked me to read the paper; the contents I think were,
"Bought of
"John Brown an enamelled mourning ring,
"value 4 l. 4 s. 6 d." Mrs. Ship insisted upon half; I said it is a bill and receipt, and is of no service without you have the property; she said she had it and a green purse it was picked up in; she insisted upon half, the man said he had no money to give her, but if she would go home with him, he would let her have the money; she consented to that, and asked me to go with her, and she would pay me for my trouble; I went into Piccadilly, then he said he had to go to Westminster; I told them I would not go so far, she said she would not let him go without he gave her half; he said he would let her have it tomorrow; she would not agree to that, and said she had a gown and a half guinea, which she would leave with him, and take the ring till then; he agreed to it, and the man went away and wished her a good night; I walked with her half down the street, she asked me where I lived, I told her: I asked her where she lived, she said she would take it as a favour if I would call in the morning, and she would pay me for my trouble; I told her I lived in Mount-street, Piccadilly, and that I was a carpenter.
JOHN SHEPPARD, PATRICK CROCKHALL.
137, 138. JOHN SHEPPARD and PATRICK CROCKHALL were indicted for that they, in a certain field and open place, near the King's highway, in and upon John Bryan did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a penknife, value six-pence, and six shillings in money numbered , the property of the said John, December 18th .
" JOHN BRYAN was sworn, and deposed,
"that he was robbed by two men on the
"18th of December of six shillings and a
"penknife, in the path leading from Ratcliffe
"Cross to Mile-end ; that it was a star-light night,
"but that he had not such a view of the persons
"of the men that robbed him as to know
"them again."
" BENJAMIN WALKINGTON was sworn,
"and deposed, that he saw the prosecutor
"robbed by two men, and that he was certain
"the prisoners were the men that committed
"the robbery."
The prisoners denied the charge, and each called witnesses who swore to an alibi.
Tried by the Second Middlesex Jury before Mr. Justice NARES.
139, 140. JAMES GRANT and JAMES BEAN were indicted for burglariously breaking and entering the dwelling house of William Moseley , on the 20th of October , about the hour of one in the night, and stealing a silver cup, value 2 l. 12 s. a silver pint mug, value forty-eight shillings, another silver cup, value thirty-six shillings, two silver waiters, value 2 l. 16 s. and a pair of stone shoe buckles set in silver, value three shillings, the property of the said William in his dwelling house .
There was no evidence to affect the prisoners, but that of an accomplice unaccompanied with any corroborating circumstances.
CATHERINE BUTLER.
141. CATHERINE BUTLER was indicted for stealing two linen handkerchiefs, value eighteen-pence, four guineas, a half-guinea, and two shillings in monies numbered, the property of William Meredith privily from his person , November 20th .
There was no evidence to affect the prisoner.
Tried by the Second Middlesex Jury before Lord Chief Baron SMYTHE .
ROBERT WILLIAMS.
142. ROBERT WILLIAMS was indicted for the wilful murder of Henry Stubbins , October 15th .
MARY VINCENT sworn.
I live in Silver-street, St. George's, Bloomsbury. Upon the 15th of October, at about ten minutes before six in the morning, I was alarmed with the cry of murder; I got out of bed, Mr. Vincent and I concluded it was some women of the town, as we frequently have had these alarms; I opened the dining room window; I saw two men engaged, one was taller than the other, they were then standing upon their feet; they were engaged for, I believe, ten minutes; I called watch a great number of times, but no watch appeared: the men had both light coloured coats on, but the tall man had a lighter coloured coat than the other; the tall man brought the other under my window, and then he got the short man under him; I kept calling watch incessantly: the undermost man said,
"Mistress, he will
"murder me, or he has murdered me;" he spoke it so short, I could not distinguish which; I believe they were down about half a minute or more.
Did you know Stubbins? - Extremely well, he was servant to Mr. John Pratt ; I did not know who it was then, it was too dark for me to distinguish faces; his coach-house was adjoining to my house. The tallest man was some time before he disentangled himself from the other; when he got loose he ran away, he turned down Bloomsbury-court towards Holborn; the deceased got up and attempted to run after him, he ran about eight or ten yards and then sell, he got up a second time and ran about three or four yards, and fell again; by that time I had alarmed some of the neighbours, and John Ealand the butcher came in his shirt to his assistance; I thought the
man was in liquor as he reeled and fell twice: I put my cloaths on and went to the window again, then I heard it was Mr. Pratt's coachman, and that he was stabbed: I saw a lad take up an instrument, he held it up, it was very dirty, I cannot tell the form of it; then I told my husband that Mr. Pratt's coachman was wounded, and desired him to get up and fetch Mr. Younge the surgeon, in Great-Russel-street. The man had his hat and wig on when he was engaged with the deceased, he was without either when he ran off, and his head was remarkably clean shaved; the coachman died about two hours after.
- TUTAL sworn.
I live in Southampton-street, Bloomsbury: the back of my house looks right up the yard, where Mr. Pratt's coach-house is; upon hearing the cry of murder I got out of bed and opened the window, when I saw two men scuffling together; the biggest of the men gave the shortest a fall, he kept dragging him further up the yard from my house; they both fell together, and then the man got loose from him and ran away without his hat or wig; he had a hat and wig on when I first saw him; he passed the watchman, who might have stopped him.
What time of the morning was it? - Before six.
The first thing you heard was the cry of murder? - It was.
Your house is the left side of Southampton-street? - The corner of Silver-street, where the stables are. They were pretty night the wall of my house when I saw them.
At some distance from Mr. Pratt's stables?
Yes, his stables are at the further end; I have stables in the yard.
When you first saw them the biggest man had a hat and wig on? - He had.
And went away without either? - He did.
Did you see the hat and wig fall off? - It was at one of the falls, I cannot say which; I saw the hat first.
ELIZABETH SMALL sworn.
I heard a great alarm of murder on Sunday morning the 15th of October: I opened my window and saw two men scuffling together, but they were at such a distance that I could not distinguish one from the other; I thought they were drunken men, and was going to bed again, but I heard the deceased cry out murder; then I called for the watch, then the person that had murdered him ran away; the deceased got up and ran after him a little way and fell, he got up again and fell just opposite my window; and said
"Oh dear! he has killed
"me; I am a dead man, I am a dead man:" a gentleman called out of Mr. Blinkow's one-pair of stairs window to the watchman to stop the man, but he did not; the man went down Bloomsbury-court; he had no hat or wig on, and his head appeared to me very clean shaved.
What distance were they from you when you first saw them? - I imagine about ten or fifteen yards.
Was it pretty light? - No, it was not light, it was just beginning to be break of day.
- BLINKOW sworn.
On Sunday morning the 15th of October I was awaked with the cry of watch; I got out of bed and threw up the sash, I sleep in a two-pair of stairs room: I saw the two men scuffling together near Mr. Pratt's stable door, I looked upon it to be a drunken sight, and paid no regard to it; in the scuffle they came nearer to my house, they fell in the middle of the kennel, the deceased fell undermost; the other then disengaged himself from him and ran away, leaving his hat and wig behind him: when I saw him running without his hat and wig, I imagined it was something serious, upon which I called to the watchman, who was coming along the side of Bloomsbury-market, to stop that man, he was then running away; the watchman attempted to cross the way to meet him, upon which he turned short and ran down Bloomsbury-court by my house; then I heard somebody ask the deceased what was the matter, he told them that a man had broke into the stable, that he attempted to secure him, and he believed he was a dead man.
How near was you to him? - My house is the corner of Bloomsbury-court: the deceased died about eight in the morning: I saw him
first at his master's house, he was taken from thence to the hospital.
What distance was you when you first saw them? - Mr. Pratt's stable is about fifty or sixty yards.
Did, you see the hat and wig on when first you saw them? - I did not observe then, but I observed he had not a hat and wig on when he went away; when I saw them first it was but just break of day, and at that distance I could but just discern that they were two men, they in the scuffle came ten yards nearer me.
JOHN WARRENER sworn.
On the 15th of October, as near as I can guess as to the day, a little before six in the morning, I heard the cry of murder; I threw up the sash of the window and looked out; I saw two men in the kennel together, near Mr. Pratt's coach-house; one of the men cried out murder very much; he said the man had robbed his stables: in the scuffle they both got up together.
How far was it from Mr. Pratt's stables when you saw them first? - Pretty night, as near as I can guess; they had another fall together, and were some time down; the murderer got loose from the man; when he got to the corner of Bloomsbury-court, he turned and looked after the deceased; the deceased had got up and fell down again; I called the watch, and a watchman, who was at the further end of the market, made the best of his way to the court; the watchman got to the end of the court just as the murderer did; the murderer set off down the court, and the watchman gave an alarm with his rattle; I saw nothing of him after he got into the court: I called to a young man that was assisting the deceased, to take up the man's hat and wig, which he had left at the corner of the street; in picking the hat and wig up, he found an instrument which we supposed the murder was committed with. The deceased was carried away on a shutter.
JOHN HOLLAND sworn.
I was alarmed a little before six o'clock by the cry of watch and murder; I then jumped out of bed, took my coat and ran to the place, where I saw the deceased lying on the ground; I went and asked him what was the matter with him; he made no answer for some minutes, but groaned; he said afterwards,
"I
"am a dead man, I am a dead man, he has
"murdered me, he has murdered me." I laid hold of him, he sprung out of my hands, and run about two or three yards, then he staggered and run his head against the kerb-stone of the pavement; I lifted him up and set him on the pavement, and let him lean his head against my breast; then I asked him how it happened, he said,
"I found a man in my
"master's stable, I went to detect him, and he
"has murdered me."
Did he say what the man was doing in the stable? - He did not: by that time some people were assembled round him, one person unbuttoned his coat and waistcoat, and there we saw the wound he had received; all the belly part of his shirt was full of congealed blood; he lay there some small time, and then they put him on a shutter and carried him into his master's house in Southampton-street.
PHILIP VINCENT sworn.
On the Sunday morning, the 15th of October, I was waked by my wife (she had been at the window) she told me Mr. Pratt's coachman was murdered; I jumped out of bed and went to the window; I looked to my right-hand and saw the deceased leaning on Holland's breast; I turned my eye to my left-hand and saw Israel Dearing coming up the stable yard; I desired him to take up the two hats and the wig that lay on the ground, and bring them to my door.
Where were they lying? - Against Mr. Pratt's coach-house, as near as I can recollect, one was the deceased's and the other belonged to the person that had murdered him; I examined them both very strictly: I dressed myself and came down immediately, and I went up to the deceased and unbuttoned his coat and waistcoat; his shirt was full of blood, there was likewise a great quantity of blood in his breeches; about three quarters of an inch above his left pap, there was a wound, out of which the blood gushed very much; I went immediately into Great Russel street for Mr. Younge the surgeon, I stayed there ten or eleven minutes till he came down; in the interim they had carried him on a shutter to his master's: Mr. Younge came with me to Mr. Pratt's, we found him on a shutter, he ordered him to be put in a chair, he examined the wound; I asked him if he thought it mortal, he shook
his head, but at that time gave me no answer, but desired the deceased might have a little hartshorn and water given him; I thought he was a little refreshed, with that I asked him if he knew the person that had used him so; his answer was No, says I, where did you find him, In my master's stables: the watchman brought in this instrument (producing a small bayonet bent at the point, made to fix upon the end of a stick) I shewed it to the deceased, and asked him if that was the instrument with which he had been wounded, he said, Yes; it was bent by his fall upon it. Mr. Younge wrote an order for him to be admitted into St. Bartholomew's Hospital; he was carried a little way in a chair, but being weak through the effusion of blood, he fell and broke the glass; they were obliged to take him out of the chair and put him into a coach, in which they carried him to the hospital; I saw no more of him, but heard he died about eight o'clock that morning.
Do you know who picked up the instrument? - A little boy, who took it up and gave it to the watchman; we don't know who the boy is, here is a person here that saw him pick it up.
One of the Jury. What condition was the instrument in when given to you? - The watchman had wiped it with his coat, but there was a little blood on the tip of it, I put my finger to it and found it blood.
ISRAEL DEERING sworn.
As I was going up Holborn, about ten minutes before six o'clock in the morning of the 15th of November, between Bloomsbury-court and Southampton-street, I heard the cry I thought of murder; I went up Southampton-street, and when I came to the corner of Silver-street, by the gateway, i saw a man runing and he fell, and as I came up the gateway a person at a window desired me to pick up a hat and wig, and the coachman's hat, which were lying on the ground; in about two or three minutes after that I saw a little boy pick up that weapon.
How near to the place was it where the hat and wig were lying? - About five or six yards from the place where I took up the hat and wig; it was near Mr. Pratt's stable door; one of the watchmen took it of the boy: we took the deceased to Mr. Pratt's house, a surgeon came, he probed the wound; but hearing there was a weapon, he ordered it to be got before he could tell which way the wound went; in about ten minutes the weapon was brought, and he looked at it and returned it to somebody; I left my name and departed.
Did you see the boy take up the weapon? - I did.
Did he give it you? - He offered it me; I had the hats and wig, and my stick; I could not take it, and he gave it to a short man, a watchman, who shewed him the weapon close to his face; as he sat in the chair, he said, Hum, hum, we could not tell what he said.
THOMAS ALLEN sworn:
I am servant to Mr. Sutton: I heard a terrible noise, rather before six o'clock, as I lay in the coach-yard over the stable; I slipt my cloaths on and went down into the yard: Mr. Vincent said, Sutton, Mr. Pratt's coachman is murdered; I went up to him directly, and saw him lay on the slag stones, with his coat and waistcoat open, all of a gore of blood, it was running off the slag stones; I said do not let the poor fellow lie here, let us take him up and carry him to the house; we put him on a shutter, and took him to Mr. Pratt's, then I went into Holborn to seek a surgeon; I did not know where one lived; I returned and found Mr. Young there, he probed the wound, and put a bit of plaister on it; he was sat up in a chair, and was shewed the weapon, and asked if that was the thing that stabbed him; he faintly said, Yes; Mr. Younge wrote a letter to the hospital; he was put in a chair, he could not sit still, his agony was so great, reeling about he knocked his head through the glass; after he had broke the glass, he was put into a coach and taken to the hospital; I held a handkerchief all the while to his wound: just as the surgeon at the hospital was coming in at the door of the ward where the coachman was, he expired; I think he had been there about twenty minutes, it was just a quarter before eight as I came out of the door.
DANIEL HOPKINS sworn.
Being ind icted for a felony, and having these things upon my mind, I was willing to let Sir John Fielding 's people know of this matter, in case I should be convicted, and it might be too late to speak hereafter: when this murder was
committed I suspected it to be by the prisoner, from the description in the news-papers: I was had before Sir John Fielding , they asked me how I came to suspect any thing about it, I said I had read it in the news-papers, and had been confirmed in my suspicion by the girl he cohabited with; I informed Sir John that the javelin it was done with was mine.
Did you see the javelin? - No, I had that information from the prisoner's girl; this is the instrument, but the blade was not bent then, it has been ground since he had it in his possession.
Is there any particular mark upon it? - It sixes upon a stick.
Is there any other particular mark besides its being made to six upon a stick? - It came from our house (we keep an old iron shop) I had a sheath to it at first.
Was you the person that gave it out? - No, my mother, and she is dead: upon the information I gave to Sir John Fielding the prisoner was taken up.
Is it the prisoner's own hair or a wig that he wears now? - It is false curls; he wore a wig at the time this fact was done; the newspapers said the man who committed the murder had lost his hat and wig, and that the person had white thickset cloaths on; the prisoner wore white thickset cloaths at that time; they were washed almost white by being often cleaned.
PHILIP VINCENT . This is the hat and wig I saw upon the ground, I took particular notice of it.
ISRAEL DEERING. This is the hat and wig I picked up.
To HOPKINS. Can you say who that hat and wig belong to? - Both to the prisoner, I am confident of it.
What do you distinguish it by in particular? - The hat is a very coarse hat; he sent it out once when he wanted money to pledge for a shilling; the pawnbroker would not lend a shilling upon it, and it was brought back; I believe the wig to be the same, I am positive the hat is.
Where was you when you gave information to Sir John Fielding ? - I was at New-prison
when I gave information to Mr. Bond, Sir John Fielding 's clerk.
How long had you been there? - I believe near a fortnight.
What was you there for? - I had an evidence against me for a burglary, but I have been acquitted.
Where do you live when you are at home? - I was taken up in Bolton-street, Long-acre.
What business do you follow? - I am an engraver.
You speak to the hat upon account of its being so coarse that a pawnbroker would not lend a shilling upon it? - Yes, there was that black piece round it at that time, but that white cord I cannot positively swear to.
To DEERING. Did you pick up the two hats and the wig yourself? - I did.
What did you do with the other hat? - I carried it to Mr. Pratt's house, and gave it to the servant.
What do you know it by? - The bit of cord that was round it, and the coarseness of the hat and lining; the wig was in the hat.
There was no particular mark upon the hat? - No, I told Mr. Pratt's servant to take particular care of it, and delivered it into his hands.
To VINCENT. Was the hat in your hand? - Yes, the lining of the hat is tore inside, if it is the same.
You say you had the hat in your hand? - I had.
Who delivered it to you? - Deering.
How long had you the hat in your hand? - A short time.
Who did you deliver it again to? - To Deering.
What marks do you swear to? - The lining is unsown or torn.
Is there any thing else that you know it by? - No, only a piece of coarse whipcord, and a piece of coarse thread or tape round it.
Who was the hat delivered to afterwards? - It was carried to Mr. Pratt's house, and delivered into his servant's hands.
HENRY ROSE sworn.
I am a carpenter and undertaker, I buried the deceased: Mr. Pratt's servant delivered the hat and wig to me that morning the man was murdered; I carried it to justice Fielding's,
and delivered it to the clerk; I marked both the hat and wig at Sir John-Fielding's with an R in ink; I marked the wig upon the red riband. [The witness pointed out the marks to the Court and Jury.]
When did you make the mark? - At Sir John Fielding's office, before they were out of my sight.
LAWRENCE ROBINSON sworn.
I am a barber: upon the fourth or fifth of October the prisoner brought me this wig to make an alteration in it, it was not then deep enough in his neck; I am certain this is the wig he brought to me; I did alter it, and here is the alteration in it now.
Have you shaved the prisoner any time since the alteration of his wig? - Yes, in the course of the week following.
Do you know what day of the week you shaved him? - I believe on Friday in the next week.
Did you shave the hair all off? - No, I left some hair on each temple, and likewise a little in the neck.
Where do you live? - In Craven-street, Soho, or Hog-lane; it is called by both names.
How long have you known the prisoner? - I do not know that I ever saw him before he brought the wig to alter.
Then you have no acquaintance with him? - None at all.
What time of day was it he brought it to you, the fourth or fifth of October? - In the afternoon of one of those days, by day light.
Was it left with you? - It was made longer from the forehead to the neck.
What did the prisoner wear during that time? - His own hair, with curls.
When was the wig fetched back again? - At six in the evening, and then I cut his hair off.
That wig could not be wore with the hair? - With the hair which I left it might: he was very fearful of catching cold, he said, or he would have been shaved then; I did not shave it at first, but cut it off, as we generally do, when people are afraid of catching cold; I cut it pretty close.
You never saw him afterwards? - I have met him several times, from the affair happening, before he was taken up, and have given him the time of the day, but he never made any answer to me.
When was he taken up? - Last Wednesday was a week I believe; I did not hear any thing till Wednesday of it.
Are you certain the prisoner is the man? - I am positive.
- CONYER sworn.
I am a peruke-maker, and live in Newtoner's-street, Holborn: I know the wig to be the prisoner's, I am positive he wore it, I dressed it twice; I took notice, the first time I combed it for him, of a particular riband in the inside, I never saw such a particular thing in a wig before, which made me take the more notice of it; the prisoner took a lodging in the house I lived in, in Newtoner's-street, Holborn, No 8, for his mother and sister to live in; to the best of my remembrance it was the same day this murder happened, but I cannot positively swear to the same day or the Monday afterwards, that a note came to Mrs. Williams his mother; I saw the note, it was desiring her to send him a great coat, a pair of breeches, a hat and a silk handkerchief, which I imagine came from the prisoner: on the Monday or Tuesday night the prisoner came in with a bundle, but what it contained I cannot say.
Do you keep the house? - No, I have only a little shop there.
Who keeps the house? - Mrs. Lilly in Parker's-lane.
You dressed the wig twice? - Yes.
Do you know what days? - No; the first time was about the 8th or 9th of October, I believe, but I cannot speak to a day; he kept rabbits there; he used to come at eight or nine o'clock in the morning, and was there generally most of the day.
As to this note you know nothing of it? - No more than that such a note came.
JOHN FRENCH sworn.
I am a watchman, my stand is at the upper end of Queen-street, Seven-dials, on the other side of St. Giles's: I was standing at the end of the street upon the Sunday morning the murder was committed, listening to hear the clock strike six; I saw a man come running up Queen-street very fast without a hat or wig;
he was in a white thickset coat to the best of my knowledge, and leather breeches: when he came up to me he made a stop, and said,
"Watchman, did you see ever a man run up
"this street?" I said, no; I did not, sir, said I, I think you must be a madman to run about the streets at this time of the morning without your hat or wig; it was a cold frosty morning: he said no more to me, but turned the corner into Great St. Andrew's-street, and ran all the way down the street till he came to the bottom; then he cross'd over upon the other side the way in the cross-street; then made a stop, looked round him, and run down the street, and I saw no more of him: I was sent for to Sir John Fielding 's last Friday; there I received a written order to go to Newgate to look at his person: to the best of my knowledge he is the very person that came running by me without a hat or wig.
How near was you when you met him? - Near enough to touch him.
Was it light enough to discern a man's countenance? - Yes, it was.
What distance is this place where you saw him from Silver-street? - About a quarter of a mile or rather better.
JOSEPH ROUT sworn.
The prisoner lodged in my house, I never knew but that he always kept good hours: Sir John Fielding bound me over to appear here, but I do not know for what.
Do you know whether that is the wig he wore or not? - I do not know whether he wears his own hair or a wig.
When did the prisoner come to lodge with you? - To the best of my knowledge about five weeks ago; he behaved very well, and kept good hours for what I know: I drive a hackney coach, therefore I am out at all hours; I was not well, and was at home for three weeks, during that time this man kept good hours, he was at home by nine or ten o'clock at nights.
When was you taken ill? - I cannot tell the day of the month.
When did you recover to be able to go about your business? - It may be about five weeks ago since I went to work again.
A SURGEON sworn.
I am a surgeon belonging to St. Bartholomew's hospital: I examined the deceased Stubbins, he was dead before I saw him; there was a wound in his left breast, which passed between the third and fourth rib, and perforated the upper lobe of the left lungs, and likewise entered the cavity of the heart; there can be no doubt but what that wound was the cause of his death.
WILLIAM PAYNE sworn.
I live in King-street, Drury-lane, and am a wool-comber: I have known the prisoner almost three months; he took a room of me for his mother and sister upon the 23d of October.
Do you know any thing of him before that time? - No: my wife had promised him a room before; I never saw him before the 23d of October.
How did he behave? - Very honest and civil; he came backward and forward twice a day to feed his rabbits.
Had he a great quantity of rabbits? - Fourteen breeding does; he bred them and sold them.
WILLIAM KNIBBS sworn.
I live in Bloomsbury-market, I am a poulterer.
Have you known the prisoner any time? - Not his name, his person I have known very well for six or eight months; I bought rabbits of him; he appeared to me to be an honest just man.
WILLIAM GROVES sworn.
I did not come to appear for the prisoner, I only came out of curiosity: I am servant to lord Mansfield: I have known the prisoner eight years; he was second coachman to my lord eight years ago or better; I have not heard any thing to his prejudice; he quitted the service seven years ago, I believe.
Have you known much of him since that time? - Very little; I met him the Saturday before he was taken up, and was asked one another how we did; nothing farther passed.
This being Friday, he immediately received sentence to be hanged at Tyburn the Monday following, and his body to be afterwards dissected and anatomized, according to the directions in the Act of Parliament.
Tried by the London Jury before Mr. Justice ASHHURST.
ELIZABETH SMITH, ROBERT SMITH.
Transportation; Transportation; Miscellaneous > branding; Imprisonment
143, 144. ELIZABETH SMITH and ROBERT SMITH were indicted, the first for stealing three silver table spoons, value thirty shillings, and three silver desert spoons, value fifteen shillings , the property of Sir Richard Warwick Bamfylde , Bart. and the other for feloniously receiving two of the said table spoons, value twenty shillings, well knowing them to have been stolen , December 11th .
JANE JONES sworn.
I am servant to lady Bamfylde. On the 11th of December the prisoner Elizabeth Smith came to our house, and desired me to go up stairs to my lady, and ask her for a letter to admit her into an hospital; she appeared to be very ill; my lady sent Martin the butler down with the message; when I came down the woman was gone.
THOMAS MARTIN sworn.
I was up stairs when the prisoner Elizabeth Smith came to our house: my lady Bamfylde sent me down to tell her she could not get her any letter of recommendation; I thought she looked ill and was an object of charity; I directed her to another lady to get a letter of recommendation to the hospital: about three in the afternoon I went to the cupboard and missed the spoons; then I suspected that she had taken them: I went to Sir John Fielding 's and found Robert Smith there, who was stopped offering them to pawn; I swore to the spoons; the justice asked him if he had a wife, he said he had: I told the justice I should know the woman again if I saw her; I went with some of Sir John's men to the prisoner's lodging, she was not at home, we staid about a quarter of an hour, and she came in: one of Sir John's men let her in, and said how do you do, Mrs. Smith? she seemed confused, said her name was not Smith, and went into the yard; I went to look at her, and knew her again as soon as I saw her; I charged her with stealing the spoons, and told her her husband was in custody, but she denied it.
RICHARD MIRTHWAITE sworn.
I am a pawnbroker in Oxford-road: on the 11th of December the prisoner Elizabeth Smith , I think, brought one of these spoons, and I lent her eight shillings upon it; about two hours after, just as candles were lighted, the other prisoner, Robert, brought two more; observing the marks were erased, I suspected they were not honestly come by, he said his wife had left one before; I looked at it and saw it was one of the same.
[The spoons were produced in Court, and Martin deposed that they were the property of lady Bamfylde.]
CHARLES JEALOUS sworn.
I am one of Sir John Fielding 's men: Robert Smith was stopped with the spoons and brought to Sir John's; on his examination he said he lived in Gouge-court, Tottenham-court-road: Martin came to Sir John's to lay an information; he said he should know the woman again; I went with him to the prisoner's lodging, she was not at home; I let her in, soon after she went into the necessary; I followed her, and desired her to come out, and searched her, but found nothing upon her; I told her she had better tell me where the rest of the spoons were, for three of them were stopped and her husband was in custody; she fell a crying, and said they were there, pointing to a dust-hole; I found these three spoons there (producing them).
[They were deposed to by Martin.]
ELIZABETH SMITH 's DEFENCE.
I did not steal the spoons; please to ask the pawnbroker if he will swear I pawned one of them.
MIRTHWAITE. I am not positive to her person, I believe it was her; I am positive to the man.
ROBERT SMITH 's DEFENCE.
I have nothing at all to say.
ELIZABETH SMITH . GUILTY . T .
ROBERT SMITH. GUILTY . T. 14 years .
[Imprisonment. See summary.]
WILLIAM BARGO, ELIZABETH ROBINSON.
Transportation; Miscellaneous > branding; Imprisonment
145, 146. WILLIAM BARGO , otherwise HOPKINS , and ELIZABETH ROBINSON , were indicted for stealing one feather-bed, value ten shillings, one blanket, value three shillings, one linen bed-quilt, value one shilling, and one linen sheet, value six-pence, the property of Jane Estoo , widow , the said goods being in a certain lodging let by contract to the said prisoners , December 4th .
JANE ESTOO sworn.
The prisoner hired a room at my house; I was not at home at the time it was let to them by Mrs. Crawford.
BATHIAH CRAWFORD sworn.
The prisoners came to Mrs. Estoo's to look at a lodging; she was out, they agreed to pay three shillings a week; they were both together, the man said the woman was his wife; they gave six-pence earnest: I shewed them the bed and bedding, and every thing that was in the room; about two hours after, the woman who called herself his wife came and asked me for the key; I gave it her, and a pair of clean sheets: I live in the next house: the next day se'nnight the neighbours informed me they were upon the move; I sent for Mrs. Estoo, we went up into the room; the woman was in the room, but the man was not: we missed the things mentioned in the indictment, and asked her what was become of them? she said she could not tell, and did not care for what we could do to her: we took her before justice Girdler, and she was committed; then she said that the man had pawned the things, but she would not tell where.
I was at a gentleman's house in Hatton-garden; my house is in Tash-street, Gray's-inn-lane; a woman that lodges in the next room came and informed me they were moving: Mrs. Crawford and I went up into the prisoners room, I found the bed and things were taken away; she said the man took it the night before; that he was not her husband; that she did not know where he was, nor where he resorted; that she had not known him above a week: he was taken and brought to justice Girdler's, there he said the things were pawned, but he would not tell where, because he said it would hobble the pawnbroker.
HOPKINS's DEFENCE.
I went out to work; when I came home, I found the door open; the prosecutrix has keys that will open every door in the house.
Prosecutrix. I have not.
I know nothing about the things.
Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.
JOHN CLIFTON, WILLIAM KELTY.
147, 148. JOHN CLIFTON and WILLIAM KELTY were indicted for stealing a bacon-ham, twenty pound weight, value ten shillings , the property of Henry Burger , January 2 d.
HENRY BURGER sworn.
I am a cheese-monger in Newgate-street : on the 2d of January, between four and five o'clock, I lost a ham; Kelty was stopped with it in a passage; I saw him and the ham in the passage.
GABRIEL JOHN sworn.
I was in Newgate-street; I saw the prisoner Clifton take the ham off a butter-firkin in the prosecutor's window, and run over to the other prisoner, who stood at the corner of Ivy-lane; I had seen them together before: I told Burger of it, and then pursued the prisoner Clifton; I lost fight of him for a minute, but I took him about twenty yards off; I saw Kelty in a passage, and the ham beside him.
JOHN LAMBERT sworn.
I am a constable, I took charge of them.
CLIFTON's DEFENCE.
I know nothing of it.
KELTY's DEFENCE.
I was going to the stationers; I met the prisoner, he asked me to go a little way with him; he went into a passage in Ivy-lane, and bid me stay there a little and he would come to me; he came running with a ham, and bid me take care of it, and went away.
The prisoners called six witnesses, who gave them a good character.
CLIFTON GUILTY of stealing to the value of ten pence . W .
KELTY NOT GUILTY .
JOHN FULLER.
149. JOHN FULLER was indicted for stealing a woollen cloth coat, value ten shillings, and six pair of mens leather shoes, value six shillings , the property of Annanias Moody Gleaney , December 17th .
JOHN PEARCE sworn.
I am servant to Mr. Moody Gleaney: the prisoner came to our house to ask the housekeeper to get him a place; when he was gone I missed the coat and shoes; I went after him to his mother's, and brought him back; he had a pair of the shoes on: I sent for a constable; the prisoner confessed taking them, and said, if I would go with him to his mother's, he would give me three coats; I did, one belonged to my master, and the others to another gentleman.
[ Thomas Wood , the constable who took the prisoner into custody, produced the things, which were deposed to by the prosecutor.]
I bought the shoes in Rosemary-lane.
MARTHA COLLINS.
150. MARTHA COLLINS was indicted for stealing a piece of printed muslin, twenty-one yards, value eight pounds, two yards and a half of cheque muslin, value twelve shillings, two muslin handkerchiefs, value eight shillings, and half a yard of tambour muslin, value six shillings, the property of Thomas Yorke , in the dwelling-house of the said Thomas , December the 20th .
THOMAS YORKE sworn.
The prisoner was my servant : on Monday my lad informed me there had been a man with her all night, upon which I determined to discharge her, which I did in the afternoon; she asked me to look over her box, I just looked over the surface of the things; she returned three times that night; the third time I told her to take all she had, for she should not come into the house again: she came and rang at the door the next morning before I was up; my lad told me she was at the door, I bid him not let her in; that day I had another maid came home, and found a piece of printed muslin in the kitchen drawer; I bid her let it lie, as I thought the prisoner might come again the next morning, which she did; my man informed me she was in the kitchen; I went down and asked her what she wanted, and found the piece of muslin under her arm: I took it from her; it is particularly marked, I can swear to it: she was committed to the Compter; I then went to her lodging and searched her box, and found the other things mentioned in the indictment.
" EDWARD JONES , porter to Mr. Yorke,
"confirmed his testimony; and said farther,
"that when the prisoner brought in the
"strange man, he heard her in the kitchen say
"to the man, she was afraid he (the witness)
"should hear what they said, but d - n him if
"he interferes in my business, I will get a pipe
"and melt some lead, and pour it in his ears
"when he is asleep, and then let him tell
"who did the murder."
RICHARD MARDEL sworn.
I am a constable: I was sent for to take charge of the prisoner; I went with Mr. Yorke to Poppin's-court and searched her lodging, and found about two yards and a half of muslin.
I also was at the searching of the prisoner's box; I found about half a yard of muslin in the inside of a petticoat. [They were produced and deposed to by the prosecutor.]
I bought the muslin and handkerchief at Bristol.
GUILTY of stealing to the value of thirty-nine shillings . Burnt in the hand and imprisoned .
JOHN FLEMMING.
151. JOHN FLEMMING was indicted for stealing three silver shoe-buckles, value twelve shillings , the property of Thomas Harding , January the 2 d.
THOMAS HARDING sworn.
I am a goldsmith in the Minories : on the second of January I heard my glass fly; I run out of the shop, laid hold of the prisoner, and took one of the buckles out of his hand, and the others he dropt privately beside the counter.
Prisoner. Did not you tell me I did not look like a thief, and you did not think I came with an intent to steal the buckles? - I did say so: I am lame; I said so because I wanted him to go about his business; but he said he came on purpose to rob me, and if I did not prosecute him he would prosecute me.
I did not go with an intent to steal the buckles; it was one o'clock in the day.
JAMES GRAHAM.
152. JAMES GRAHAM was indicted for stealing a woollen cloth surtout-coat, value five shillings , the property of Thomas Brewman , December the 22 d.
THOMAS BREWMAN sworn.
I belong to a printing-office : on the 22d of December two men came into the office about an advertisement, the prisoner came in behind them and took a surtout-coat: I saw him go out of the office with it; I pursued him, and he dropped it; I took it up; I never lost sight of him till I took him, which was in about a minute.
CHARLES KENT.
153. CHARLES KENT was indicted for stealing six yards of silk riband, value two shillings , the property of Ann Randall , widow , December the 28th .
I am apprentice to Mrs. Randall, who is a haberdasher in Fleet-street : on the 28th of December, between six and seven o'clock, I heard a noise at the window, I ran out and saw the prisoner drawing some riband through the pin-hole of the window; I brought him into the shop; there were six yards besides that I saw him drawing through the hole thrown down the area: I charged him with taking it, and he confessed it: there was a piece of wire found by the window twisted like a corkscrew.
I am a constable: I was sent for to take charge of the prisoner; I searched him, but found nothing upon him; I pressed him to tell what was done with some riband that was taken off an empty block we saw in the window, he said he had thrown it down on the cellar stairs.
The prisoner in his defence denied the charge.
HANNAH CARTER, ANN GREEN.
154. 155. HANNAH CARTER and ANN GREEN were indicted for stealing twenty yards of muslin, value 4 l. the property of Judith Thompson , spinster, privately in the shop of the said Judith , November the 20th .
" ROBERT WOOLEY (servant to
"the prosecutor, who is a linen-draper in
" Holborn ) being sworn, deposed, that the
"prisoners came twice to the prosecutor's
"shop; that the second time they came they
"bought a quarter of a yard of muslin, and
"a yard of printed linen; that soon after they
"went away, the witness missed a piece of
"muslin, containing twenty yards, out of a
"parcel he had shewn the prisoners."
The prisoners in their defence denied the charge, but did not call any witnesses.
LYDIA HALLAWAY.
156. LYDIA HALLAWAY was indicted for stealing a linen handkerchief, value ten pence , the property of William Eley , December 28th .
WILLIAM ELEY sworn.
I am apprentice to a silversmith : I was at the meeting-house in Jewin-street on Sunday the 24th of December; a gentleman in the pew said, that is the old pickpocket; I missed my handkerchief, I had it minute before: I asked the prisoner, if she had got my handkerchief; I lifted up her cloak and found my handkerchief upon her.
I am not guilty of it indeed; I hope you will forgive me; I picked it up.
Are you sure you put it into your pocket? - To the best of my knowledge I did; I will not be positive.
CHARLES HAUGHEY.
157. CHARLES HAUGHEY was indicted for stealing ten pound weight of brass, value five shillings , the property of James Haygath , December the 23d .
JAMES PERRY sworn.
I am servant to the prosecutor, who is a brass-founder : as I was coming along the yard, I met the prisoner with the brass; I let him pass, I thought he was going up stairs with it; I asked him what he had got, then he put it behind him; I repeated my question, then he pulled it out, and said he was going to put it down; he had taken it from the side of the furnace, it was going to be melted.
HENRY FENNY sworn.
I saw the brass in the prisoner's hand.
[ The brass was produced in court, and deposed to by the prosecutor.]
I went for my wages; I might take up the weight, but I did not carry it out of the premises.
Prosecutor. He had not been at work that day; I did not now that he was in the house; I owed him five days wages.
RICHARD PAGGETT.
158. RICHARD PAGGETT was indicted for stealing a silver watch, value thirty shillings, a steel chain, value two pence, a metal seal, value one penny, a paste seal set in metal, value one penny, and a brass key, value two pence , the property of Samuel Pidler , December 15th .
SAMUEL PIDLER sworn.
I am a shoemaker : the prisoner was introduced into my company by an acquaintance upon the 15th of October: I lodge at a public-house; my watch was hanging up in my room; I went into another room, and when I returned my watch was gone: I went down to the rest of the company; they were all there but the prisoner, he was gone. One Jenkinson went with me to his lodgings; we did not find him there; the watchman and I waited for him till he came, then the watchman took him: as we were going to the watch-house, I asked him if he knew what he was charged with? he said, No; I asked him if he did not know he had been at my lodgings? he said, Yes; I said I had lost my watch, and suspected he had taken it: he said he knew nothing of it; but when he came to the watch-house, he threw away the watch in a corner: the constable asked me if I could describe the watch? I told him the name and number on the watch; he opened it and found it the same: the prisoner was searched, and the seals found in his waistcoat pocket.
JAMES GUY sworn.
About eleven at night the prisoner was brought to me upon suspicion of having robbed a man of a watch; I took charge of him, and he was searched, and the seals and part of the chain were found in his waistcoat pocket; they have been in my custody ever since.
JOHN JENKINSON sworn.
I was up in the room when the man came, and I was with the watchman when he took the prisoner; when he came to the watch-house, I saw him throw the watch into the corner, I carried it to the watch-house: the constable asked the prosecutor the name and number of the watch, and he told him; he asked him if there were any seals to it; he said, Yes: the prisoner was searched, and they were found in his pocket.
THOMAS PETERS sworn.
I was present at the taking the prisoner; I did not see him throw any thing away; the watch was given me by a young man: when he came to the watch-house, the constable asked if there were any seals to the watch; he said, Yes; I searched him, and found the seals in his pocket.
My lord, I was in the room; I went with a friend to take a public-house; he called at this house, and bid me call upon him; when I came in they were tossing-up for gin and twopenny:
I got in liquor, and lay on the bed; there were eight persons lay in the room: I went afterwards to Red-lion-street, to the house I was about taking; I went back to this house, and tossed up for gin and twopenny; I never knew any thing of the watch; I did not know the things were in my pocket; I was very much in liquor at the time.
JANE WILSON sworn.
I keep a cloaths shop: the prisoner is a gentleman's servant; he lodged at my house two years; he was out of place; I know nothing of his circumstances, but he is a just honest man; I have trusted him in my shop, and I would trust him if he was acquitted to night: I never saw him in liquor but that time.
JOHN MITCHINER sworn.
I trade in the watch-way: I have known the prisoner two or three years; I never heard any thing to the contrary, but that he was an honest man.
HANNAH GRIFFITHS sworn.
I nurse lying-in ladies: I lodge in the same house with the prisoner; I have known him two years; he was just and honest in every respect: he lived a twelvemonth with 'Squire Madan, in Newport-street.
ELIZABETH JONES sworn.
I have known the prisoner two years; he is a very honest man: I never heard any thing amiss of him.
Tried by the Second Middlesex Jury before Mr. Baron BURLAND .
THOMAS NEWELL.
159. THOMAS NEWELL was indicted for stealing one piece of black stocking Genoa velvet, value 18 l. four yards and a half of garter blue Genoa velvet, value 4 l. and twenty-two yards of crimson thin velvet, value 11 l. the property of Edward Berry , in the dwelling-house of John Castle , November 20th .
JOHN CASTLE sworn.
I am a weaver; I have two apprentices. Upon Lord Mayor's day one of the apprentices went to see the show without asking leave; the youngest asked leave: the youngest came home at ten at night, the eldest at eleven; I fastened the doors and went to bed; I found the cellar door open next morning, and the apprentice told me all the work was gone; I found it so; I said, this must be done by you, or somebody you have instructed to do it: I went to look at my own work, and found it had been cut likewise: I told my brother what had happened, and then I went by his advice, and told Mr. Berry, my master; they examined the work, and found it had been cut out by somebody who understood it, and we suspected the apprentice: he was carried before a justice; he denied the fact: then we searched for one Wilkinson, but could not find him; the apprentice was soon after discharged: a fortnight after that, a person came and said, he would inform me about my work. Sir John Fielding granted a warrant against Wilkinson, Tudor, and King, they were taken up; but in the mean time, the prisoner surrendered and went before justice Wilmot; there he owned, that on the 11th of November my apprentice and Wilkinson brought the work to his house; that he saw me carrying my apprentice to justice Wilmot's at the time he was taken up; and at that time he had the work in his possession: the next morning the prisoner and Wilkinson carried the work out of my house, and delivered it to Tom King to sell; King sold only a part of it; and afterwards they delivered the rest to him, and King sold it; since that time the property has been found: the confession of the prisoner was not reduced into writing.
JAMES KELDER sworn.
I am a taylor. On the 10th of November the prisoner brought me three pieces of velvet, and told me to make him a pair of breeches of one of the pieces; there was but a little of it, and I said, I believed, as he was a little man, I could do it: I asked him how he got them, as they were of three different colours. He said he had them of an acquaintance for a guinea; I said they were well worth it: then he asked me if I could help him to a customer for the other two pieces; I recommended him to one Robert Davis , who at first hesitated about buying them; at last he gave him twelve shillings for them. Upon the 17th of December the breeches were delivered to the prisoner;
he had not money to pay for them; he pawned them for twelve shillings, and paid me eight shillings for making them.
ROBERT DAVIS sworn.
Upon the 8th of November the prisoner and Kelder offered me the pieces of velvet; I bought them upon Kelder's recommendation; I gave him twelve shillings for them; the prisoner is the man that sold them to me.
Prosecutor. I work for Mr. Berry, the velvet is his property; the value of that piece is about a guinea.
WILLIAM HOWARD sworn.
Upon the recommendation of Kelder I lent twelve shillings upon a pair of breeches (the breeches produced.)
Prosecutor. This velvet is likewise Mr. Berry's property; it is part of the velvet I lost out of my house; I know it by the red stripe, in which there is some particularity, by which I can take upon me to swear to it.
The Prisoner in his defence called six witnesses, who gave him a good character.
GUILTY of stealing to the value of 39 s.
THOMAS WILSON, ELIZABETH BONWELL.
160, 161. THOMAS WILSON and ELIZABETH BONWELL were indicted for burglariously breaking and entering the dwelling-house of Leonard Rotheram , about the hour of twelve in the night of the 26th of November , and stealing two silver table spoons, value fifteen shillings, one pair of nankeen breeches, value three shillings, one nankeen waistcoat, value two shillings, one hat, value five shillings, five linen shirts, value fifteen shillings, four linen table cloths, value five shillings, one pair of linen sheets, value two shillings, and fourteen guineas in monies numbered, the property of the said Leonard in his dwelling-house .
LEONARD ROTHERAM sworn.
I went out of town on the 26th of November, about five in the afternoon, and returned upon the 2d of December; when I found my door broke open, and the bureau broke, and all the drawers in the room risted.
In what manner was the door broke open? - With a chissel; the chissell was broke in open ing the door by the lock; the box of the lock and part of the wood were broke; there was a quantity of tallow about the floor, the chissel, and the bureau and drawers: I missed all the things mentioned in the indictment (repeating them). On Sunday morning I went to Sir John Fielding 's and told him I had been robbed; I did not know of what then; I had not examined; I advertized the spoons, the hat, the waistcoat, and breeches; I did not know the name marked on the spoons: I heard of my spoons at Mr. Davison's; I saw them advertized, and applied to Mr. Davison and found they were my property. I left the spoons, one in the bureau, the other in the chest of drawers; the Sunday before I went out of town I made use of one of them.
What room was this in your house that was broke open? - The front parlour.
Did you fasten the window shutter before you went out? - I did.
Is the room dark when the windows are shut? - There is a glimmering of light.
You cannot see in the day-time without a candle when the window is shut? - Hardly.
You might drop the tallow yourself perhaps? - No, I am certain I did not.
- DAVIS sworn.
I am a pawnbroker in Church-street, in the Borough: I received the spoons, just now produced, from the prisoner, Elizabeth Bonwell , at six o'clock on the 27th of November; I asked her whose property they were: she said her sister's; I asked her where her sister lived: she told me No 25. but could not tell me the street; she said you know me, I have brought things here before: I said I should keep the spoons till she brought her sister; she went away and I heard no more of her till eight o'clock at night; then a person came and told me they heard I had stopped two table spoons, and that the girl had been to get a girl to vouch she was the woman's sister, and that the spoons belonged to her; and desired me not to deliver them.
When did you hear any thing of the two prisoners? - About half an hour after, I enquired if any such person had been seen in the Mint, and I gave a description of her, and was told where I should find her: I gave an information to Mr. Smith in the Borough; on Wednesday morning he sent and informed, me he had apprehended them both; they were taken before the justices at the rotation office in the Borough, and I appeared; when she came with the spoons she did not tell me her name, but said her sister's name was Eleanor Laner ; I advertized them till Saturday, and then they were to be examined again; I appeared on Saturday, but could find no owner; the justices committed them till Tuesday; when I appeared and nobody owning the spoons, they were discharged. On the Thursday following Rotheram came and owned the spoons.
Prisoners Counsel to Rotheram. Do you know Margaret Madiford ? - Yes, she lodges next room to me.
WILLIAM CARTER sworn.
I lodge in Rotheram's house: I saw the prisoner Wilson upon the 26th or 27th of November in the house about ten or eleven o'clock in the day, we spoke to one another; I knew him before; I was in the yard; he came through the passage into the yard.
Is there a thoroughfare through the yard? - Yes; I have a stable and keep a few cows there; he and his sister sometimes go through when the door is open.
What is Wilson? - I do not know.
Was this before or after Rotheram went out of town? - I cannot say.
When was the door found open? - The Saturday following about five in the evening; Mrs. Madiford first saw it open; we got a candle and went in and found the things broke open.
Court to the Prosecutor. Do you let your house to people? - Yes.
Do the lodgers all go in at one door? - Yes.
Where is the room you lost these things out of? - On the ground floor.
Does the passage go into the yard? - Yes; there are some stables this man rents of me; there is a yard between the stable and the back door; if the door is left open any body may come by the stable into the house.
JOHN MARSHALL sworn.
I am a pawnbroker in Bermondsey-street; the prisoner Bonwell pledged the waistcoat and breeches at my house, and the hat; she brought the hat and breeches on the 5th of December, I believe, in the afternoon; then the breeches were had away, and afterwards the waistcoat and breeches were taken away; the prisoner Wilson came into the shop to her before she went away and asked where was the hat? I look'd upon them to be in company, and they went away both together: I am sure the prisoner is the man. (The things were produced in Court and deposed to by the prosecutor).
MARY PRINCE sworn.
I know the prisoner Wilson; I received a shirt from him to wash about five weeks ago; he was then in the New Gaol in the Borough.
What became of that shirt? - Mr. Rotheram had it of me; I delivered it to Mr. Smith.
ROTHERAM. There is no mark on the shirt, it has been cut out; I know the shirt by the wristband; I put it out that very Sunday to be wristbanded: I am sure it is mine.
CHRISTOPHER SMITH sworn.
I attend at the Rotation-office in the Borough: I was searching a room in Bridges-rents, I found this shirt there; a woman said that shirt belonged to Tom Wilson , I had no business with it: I said so much the better, if it is his, I shall keep it; I took Wilson up for a robbery on the 29th, he was discharged on the Tuesday following.
WILSON. Pray ask Mary Prince if she had the shirt in her custody all the time till she parted with it to Smith? - No, I gave it to another woman to keep till I washed.
WILSON. The shirt the witness had from me she gave to another woman, and I had it from her; I have it now at home.
To PRINCE. Did you fetch it from the woman? - No.
SMITH. She was in the same room; they live in a house together; her name is Smith.
Court. Did the prisoner at the bar give
you a shirt to wash? - Yes: I gave it Mrs. Smith to keep for me till I washed; she and I lodged together in the same house; I delivered it to Mr. Smith.
Have you no doubt that the shirt you delivered to Smith was the same you had from the prisoner? - It was.
BONWELL's DEFENCE.
The waistcoat and breeches belong to one Jack Thursby that is gone to sea; I got the spoons from a woman, and she bid me carry them in her name; being known I would not carry them in my own name; when I went in he stopt them, and I said I would send her in: she said she would not go in, it was well it was no worse.
To SMITH. When was Wilson taken up? - He was taken up, at first, upon the 27th, at twelve or one at night, for an assault, and discharged the 29th.
WILLIAM MATTHEWS sworn.
I am turnkey at the New Goal: Wilson was brought to the New Goal on the 28th of November, and continued in our custody for a fortnight; he was examined three times; he was there till the 5th of December: here is the commitment and discharge (producing them).
MARGARET MADIFORD sworn.
I live in the back parlour of Rotheram's house, next room to where he lives; I was at home all the week he was out; on Saturday I cleaned the passage; I did not see the door open or a jar; in the evening I saw the door a jar, I called Mr. Rotheram you may have a light, I received no answer; I went to the public house to enquire for him, when I came back the lodgers were in the room: I go by Rotheram's door frequently in a day, I did not perceive any thing of it being open till six in the evening; then I called the lodgers out.
ROTHERAM. The box of the lock of the door was forced open, and lay two yards from the door.
Court. Might it not be pulled to after it was broke open so as to make it shut fast without some force being used again? - It shuts very close, a piece of paper might make it stick.
WILSON NOT GUILTY of breaking and entering the dwelling house, but GUILTY of stealing the goods .
BONWELL NOT GUILTY .
JOHN COUSINS, MARGARET WATSON.
162, 163. JOHN COUSINS and MARGARET WATSON , spinster , were indicted for stealing a silver watch, value twenty shillings, a pair of silver shoe buckles, value five shillings, one metal stock buckle, value six-pence, one pair of worsted stockings, value threepence, one linen stock, value three-pence, and one penknife, value one-penny , the property of Richard Cooper , December 15th .
" RICHARD COOPER being sworn deposed,
"that he picked up the prisoner Watson
"in the street, and went with her to a
"house of ill fame; that there, having slept
"with her and two or three other girls, he
"missed the things mentioned in the indictment;
"and that the prisoner Cousins slept
"in the same room with another girl."
[The prosecutor's watch and buckles were produced in Court by two pawnbrokers, who had received them from the prisoners].
The prisoners in their defence denied the charge, and Cousins called several witnesses to his character.
JOHN CLARKE, RICHARD HARDING.
164, 165. JOHN CLARKE and RICHARD HARDING were indicted for stealing one cotton petticoat, value five shillings, and one quilted linen petticoat, value five shillings, the property of Mary Watts , widow ; one worked muslin gown, value ten shillings, and two printed linen gowns, value ten shillings, the property of Mary Watts
the younger , spinster ; and one printed linen gown, value five shillings , the property of Elizabeth Hutchins , December 6th .
" ELIZABETH HUTCHINS being sworn
"deposed, that she is servant to Mrs. Watts,
"a widow lady, who lives at Homerton ;
"and that the wearing apparel mentioned in
"the indictment was stolen out of the prosecutrix's
"yard, in which it was hung to
"dry."
" FRANCIS RYDER (one of justice Wilmot's
"men) being sworn deposed, that he found
"all the goods mentioned in the indictment
"in the room belonging to the prisoner Harding;
"that when the prisoners were taken
"up and charged with it, they both confessed
"the crime, and the prosecutrix was
"very unwilling to prosecute."
The prisoners in their defence said they found the things, and they called many witnesses, who gave them a good character.
Tried by the Second Middlesex Jury before Mr. RECORDER.
NICHOLAS BENNON.
166. NICHOLAS BENNON was indicted for stealing one handsaw, value seven shillings, one trying-plane, value eighteen-pence; one smoothing-plane, value twelve-pence, and one long plain, value two shillings , the property of Robert Read , December the 7th .
ROBERT READ sworn.
I am a carpenter in Marybone parish; I lost the tools mentioned in the indictment (repeating them) from a building in Harding-street ; I left them locked up in the parlour, the foreman had the key; next morning I found the door broke open, and the tools were gone; I found a trying-plane and a smoothing-plane in the prisoner's custody, more than a fortnight after; the prisoner then said, that he bought them; but at the justices he said, he would find the remainder if I would let him go.
ALEXANDER NASH sworn.
I am a constable. Read brought me a warrant from Sir John Fielding 's; I went with him to the shop where the prisoner was working; I took the prisoner; he produced the tools.
READ the prisoner worked for the same master I did.
I bought the tools of one John Brannon ; he was out of work, he is now gone to sea; I had no suspicion he had stole them.
GUILTY of stealing to the value of ten-pence .
Tried by the Second Middlesex Jury before Mr. RECORDER. W .
THOMAS SAUNDERS, RICHARD COLE, ARCHIBALD BURRIDGE.
Guilty; Not Guilty; Not Guilty
167, 168, 169. THOMAS SAUNDERS , RICHARD COLE , and ARCHIBALD BURRIDGE were indicted for burglariously breaking and entering the dwelling-house of James Rose on the 21st of January , about the hour of eight in the night, and stealing five cotton handkerchiefs, value ten-pence, the property of the said James, in his dwelling-house .
JANE ROSE sworn.
The tallest of the three prisoners (Cole) pulled his hat off and held it over his hand, and so pushed his hand through the glass of my shop window, and took out a piece of handkerchiefs; the three prisoners were making off; a neighbour coming by, laid hold of this Saunders, and brought him back to my door, and said, this is one concerned: it was about eight o'clock at night.
Did you see the tallest do this? - Yes; I saw him put his hat over his hand, and break the window, and take the handkerchief out; I took Saunders into my shop, and kept him till I sent for a constable.
Did you see enough of the tallest boy's face to be sure he is the person that broke the window.
I am certain of it; I never saw him before that night; I saw him the next morning in the watch-house; I am certain the other two were in company with him; the little one came frequently to my shop.
Are you certain yourself that the other two were in company with him? - I am not sure myself; but Saunders confessed they were in company with him in my shop before the constable.
Did he confess that freely and voluntarily? - Yes, of his own accord.
JOSHUA PERRY sworn.
I am a neighbour to the prosecutor; between the hours of seven and eight o'clock I was going past his window, it was quite dark
then; I had not got above two or three yards past the window, before I heard the breaking of glass; I immediately turned round and saw these lads (the prisoners) pass me; I immediately pursued them; I got hold of one, and brought him back to Mrs. Rose's shop.
JAMES BAKER sworn.
I am a constable; upon Monday the 1st of January a person came, a brother constable, where I happened to be, and informed him of this matter; he asked me to go with him, to the prosecutor's; when we came to the house, we found Saunders in custody; we took him into the back parlour, and he fell a crying, and begged we would not hurt him, and he would tell all that he knew; I did not think proper to hear what he had to say there, because the shop was full of people; I took him into my house; there he said he hoped, he should not be hurt; that it was the first time he ever was out with them; he then said, they had been out all that evening together, and picked two men's pockets.
Did not you give him some hopes, that he would not be hurt? - No, none at all; he then told me they went into Castle-street, and stole two fowls out of a shop, which they sold for a shilling a piece; that then they came to this shop, and that Mosey was the person that broke the window, and took the handkerchief out.
How did you know who he meant by Mosey? - By Saunders's account; he said, the name of one was Archy, and the other Mosey; he gave a description of them, and said, they lived in a street in St. Giles's; he shewed us a house, but we did not find them there; then he said, they used a public-house, the Coach and Horses, High-street, St. Giles's: I went there, they were not there; I left him with my brother constable, and while he was making water, Saunders run from him; I was not far off, I pursued him and took him; we confined him in the watch-house, and then went to the Coach and Horses again; there we took Mosey and Archy, the other two prisoners: there were several girls; one of them said, Mosey, will you have any Gin? I said, that is one, be quiet and we shall have some more: then Archy rose up, and said,
"d - n your eyes, Mosey, will you have any
"Gin?" We had a full description of Archy; then we laid hold of them both.
COLE GUILTY Death .
SAUNDERS NOT GUILTY .
BERRIDGE NOT GUILTY .
JOHN PROCTOR.
170. JOHN PROCTOR was indicted for burglariously breaking and entering the dwelling-house of Benjamin Hall about the hour of four in the night of the 7th of December , with intent to steal the goods and chattels of the said Benjamin .
BENJAMIN HALL sworn.
I live in Broad-street, Ratcliff-cross : my house was broke open on Thursday morning the 7th of December about four o'clock in the morning. Gander and Bird alarmed me, they had taken the prisoner; I fastened the door and the windows myself over night; I came down stairs without my cloaths, and opened the door; the prisoner bounced up against the door; I laid hold of him by the collar; he had this large clasp knife in his hand (producing it) I had just the glimmering of it; I let go of him, and laid hold of his wrist; he slung it over and cut my little finger: the grove of the window was cut, the shutter was taken down, and the glass was broke.
STEPHEN GANDER sworn.
I am a rope-maker; upon Thursday morning the 7th of December, a little after four o'clock, as I was going to Limehouse-hole to work, I met Henry Bird within about half a dozen yards of Mr. Hall's house; hearing something like the breaking of glass, we made a full stop before we came to Mr. Hall's door; then the noise ceased; we went on till we came three or four doors beyond Mr. Hall's house, and then we heard a glass break again; I said to Henry Bird , let us go over and see what is the matter; we crossed the way, and we found the prisoner entering Mr. Hall's window, his body was within the window; one shutter was down, and the glass was broke;
I asked him, what business he had there; he threw himself out and told us, he was just come from Blackwall; we secured him, and alarmed Mr. Hall.
HENRY BIRD sworn.
I am a bricklayer's labourer; I met with Gander as I was going to work, at a little after four in the morning; he told me some thieves were breaking into a house; I went back with him, and when we came to the prosecutor's house, we saw the grove of the shutter cut away and the shutter was taken down; when we came up to the window, the prisoner drew himself out and we seized him; we rung at the bell, and alarmed Mr. Hall.
I belong to a ship; I had come up from Blackwall, and was stopt coming past the house.
ROBERT CAMERON.
171. ROBERT CAMERON was indicted for stealing one half-wooded firkin, value two-pence, and sixteen pound weight of salt-butter, value ten shillings , the property of Francis Friend , December 14th .
FRANCIS FRIEND sworn.
I am a cheese-monger , and live in Smock-alley ; I lost half a firkin, with about sixteen pound weight of butter in it, on Thursday the 14th of December: I was not at home when it was lost.
ELIZABETH RYDER sworn.
I am a cordwainer, and am Mr. Friend's servant: I saw the arm of the prisoner shutting the door; this was half after eight at night, about the middle of the month of December; the butter was under his arm: he ran away, I ran after him: I saw the firkin on the compter about ten minutes before I followed the prisoner; I cried out stop thief, and he was taken; he threw the butter down, and I took it up; I am certain the prisoner is the man: he was not out of my sight.
JOHN BARRETT sworn.
I live near the prosecutor: I heard the cry stop thief; I saw t he prisoner running, and stopt him; the butter was dropped before I saw him.
I was taken by Bell-lane; the butter was dropped by Widegate-alley; I heard the cry stop thief, and run as well as other people.
Tried by the First Middlesex Jury before Mr. RECORDER.
ABRAHAM SUTLIFT, WILLIAM ANTRIM, WILLIAM BRADSHAW.
172, 173, 174. ABRAHAM SUTLIFT , WILLIAM ANTRIM , and WILLIAM BRADSHAW were indicted for feloniously making an assault in the king's highway in and upon James Nevill , with intent the goods and monies of the said James to steal, against the statute , November 27th .
"The prosecutor being sworn deposed,
"that he was stopped near Tottenham Court
"Road on the 27th of November, about five
"in the evening, by three men, who demanded
"his money; he said the persons who assaulted
"him were like the persons at the bar,
"but was not able to speak positively."
ALL THREE NOT GUILTY .
JAMES JONES.
175. JAMES JONES was indicted for stealing thirteen shillings and six-pence in monies numbered , the property of Edward Parr , December 22 d.
EDWARD PARR sworn.
I live in Parker's-street, Drury-lane: on the 22d of December I went into a public-house, the sign of the Two Sugar-loaves, in King-street, Drury-lane ; I called for a pint of beer, and stood by the fire and drank it; I had fourteen or fifteen shillings in my pocket; I pulled out my money to look for some half-pence; coming through the entry, I heard my snuff-box rattle, and I saw the prisoner's hand come out of my pocket; I immediately felt for my money, and missed it; the prisoner ran directly through the
house; I have seen him there before; I ran after him, but missed of him.
JAMES JENKINS sworn.
I am a constable: on the 22d December I made a general search among some loose people; I carried him to the watch-house: I did not know any thing of this affair; I searched him, and found five shillings in his mouth.
I was in this house; some boys were putting fire in the old man's pocket, and taking his snuff-box out; I happened to run against him, and he said I had picked his pocket.
DOROTHY MARIGOLD.
176. DOROTHY MARIGOLD was indicted for stealing a silver watch, value 3 l. the property of Christopher Christian , December 3d.
" CHRISTOPHER CHRISTIAN being
"sworn deposed, that he went with the prisoner
"to her lodgings; that he put his
"breeches under the pillow, and as soon as
"the prisoner left him, he missed his watch."
The prisoner in her defence denied the charge, but did not call any witnesses.
DOROTHY MADAN.
177. DOROTHY (the wife of JOHN) MADAN was indicted for stealing one pound and fourteen ounces of green tea, value twelve shillings , the property of Isabella Leslie , widow , December 15th .
"It appeared from the prosecutrix's evidence,
"that there had been a quarrel and
"a fight between her and the prisoner, in
"which the tea was scattered about the room;
"but there was no proof of a felony."
JOSEPH SHIMELT.
178. JOSEPH SHIMELT was indicted for stealing one surtout coat, value fourteen shillings, one cloth coat, value twenty-seven shillings, one cloth waistcoat, value twelve shillings, and one pair of buckskin breeches, value twenty shillings , the property of James Taylor , January 6th .
JAMES TAYLOR sworn.
Upon the 6th of January last I lost a surtout coat, a close coat, a waistcoat, a pair of buckskin breeches, and some other things from my lodgings at the Coach and Horses, in Grosvenor Mews ; the prisoner lodged next room to me.
THOMAS RICE sworn.
On Sunday last the prisoner sent for me to the Round-house; I met one Taylor there; he desired Taylor and me to fetch some cloaths he had in his box, and to leave a great coat and another coat there, and carry his box to the Black Horse in Old Boswell-court; we went together to the house where he lodged, and took the box; the coats were not in the box, but in a bundle together: I did not go into the room; I took the box to the place I mentioned, and the other things I carried to Mr. Story's: the prisoner wrote a note and sent it by Taylor.
- STORY sworn.
These goods were left at my house in my absence; I delivered them to Rice and Taylor.
- PORTREE sworn.
The prisoner lodged at my house; he sent upon Saturday night for his things, and conveyed them out of his lodgings without letting me know any thing about them.
ANN MILES sworn.
I saw the prisoner in Taylor's room about nine o'clock on Saturday last; he went from thence into his own room; in a few minutes after that he went down stairs again.
The prosecutor promised me favour, and made me say what I did.
THOMAS STAFFORD sworn.
I live at the Black Horse, Old Boswell-court, the place where the things were sent to by the prisoner's directions: I have known him five years; he is an honest sober fellow; I could trust him with untold gold.
PORTREE. I never heard any harm of him before.
GEORGE ELSTUL.
179. GEORGE ELSTUL was indicted for burglariously breaking and entering the dwelling house of Lilly Aynscombe , Esq ; about the hour of one in the night of the 6th of January , with intent to steal the goods and chattels of the said Lilly .
" WILLIAM KNIGHT (Mr. Aynscombe's
"servant) being sworn deposed, that he
"found the prisoner in his master's stable,
"that there was not any thing taken away,
"and that the prisoner appeared to be intoxicated
"with liquor; the witness was asked,
"whether he fastened the door when he
"left the stable; he answered, that he was
"not certain."
The prisoner said in his defence, that he was in liquor, and went into the stable to sleep. He called several witnesses, who gave him a good character.
ELIZABETH WEEKS.
180. ELIZABETH (the wife of JOHN) WEEKS was indicted for stealing one pair of silver shoe buckles, value five shillings, one camblet gown, value fifteen shillings, one cotton gown, value ten shillings, one quilted callimanco petticoat, value ten shillings, one scarlet cloak, value ten shillings, two black silk cloaks, value twenty shillings, one linen apron, value eighteen-pence, one linen cap, value one penny, one yard of riband, value three pence, one laced silk handkerchief, value two shillings, two muslin handkerchiefs, value one shillings, and two linen shirts, value three shillings, the property of John King , in his dwelling house , November the 20th .
ELIZABETH KING sworn.
I am the wife of John King ; the prisoner came up into my chamber under the pretence of bringing a message from one Mrs. Enderby, that I must get ready to go into the hospital, as Mrs. Enderby was made a sister; she asked me if I could get up, I said I could not stir; my husband came in, she sent him ont to fetch two penny worth of pudding; then under pretence of setting my pillow right, she took my keys out of my pocket, she complained she was griped and took up the chamber-pot and went into the next room; I saw her take the things out of my drawers; she carried them out of my room openly; I immediately flung myself out of bed, in order to get to the window to call out; I fell down three times; her husband brought two of the shirts a fortnight after; I saw the things in the box, and the box stood within view of the bed when the chamber door was open; when I looked in the box afterwards, all these things were gone.
ELEANOR JENKINS sworn.
I was present when the prisoner's husband brought the shirts back.
My husband left me long before this was committed; and cohabited with another woman; I have not lived with my husband some time.
SARAH CLARK sworn.
I have known the prisoner fifteen years; she is a fruit woman, and always bore a good character as far as I know.
GUILTY of stealing to the value of thirty-nine shillings . Burnt in the hand and imprisoned :
CHARLES MARRINER.
181. CHARLES MARRINER was indicted for burglariously breaking and entering the dwelling-house of Robert Pigott about the hour of twelve in the night of the 28th of December , and stealing one pair of red shag breeches, value four shillings, a blue surtout coat, value twelve shillings, a cloth jacket, laced with silver, value ten shillings, and a silver laced man's hat, value two shillings, the property of Robert Pigott , Esq; two silk-handkerchiefs, value four shillings,
a linen handkerchief, value one shilling, three muslin neckcloths, value three shillings, two linen shirts, value ten shillings, two pair of worstead stockings, value five shillings, one pair of white silk stockings, value one shilling, two pair of thread stockings, value two shillings, and one pair of cotton stockings, value six-pence, the goods of Thomas Metcalf , in the dwelling-house of the said Robert Pigott , Esq ;
THOMAS METCALF sworn.
I am a coachman to Robert Pigott , Esq; upon the 28th of December my master's doors were locked very safe; the goods mentioned in the indictment were stole out of the room over the stable adjoining to the dwelling-house; I was at the play: I came home about ten o'clock; I found every thing safe then; when I went up into the room, between seven and eight o'clock the next morning, I found my box broke open: I lodged in the house; the door of my room was standing open, the tiles were pulled off, and a lath cut. I met the prisoner accidentally on the second of January in Piccadilly with my cloaths upon his back; I never saw him before; I took him before justice Wright, I found these things upon him (producing a pair of stockings and a handkerchief) I have recovered besides, seven pair of stockings, two shirts, three neckcloths, a pair of breeches, a waistcoat faced with blue sattin, which things he told us of at justice Wright's, and that another man took some of the things; we went to the prisoner's lodgings, and he attempted to jump out at the window; we found the breeches in Monmouth-street, where he had sold them, and the man said, he had sold the coat; the prisoner told us, he had sent the rest of the cloths to a Jew; I never recovered them.
JOHN GORE sworn.
I live in Monmouth-street; the prisoner came to my shop upon Friday the 29th of December; I bought of him a lightish coloured coat and a pair of shag breeches for eight shillings.
THOMAS HARRIS sworn.
I go with the prisoners to and from prison; I found this pair of breeches at the house of John Gore .
Prosecutor. These are my breeches.
LAMBETH ADLINGTON sworn.
I locked the stable door about eight o'clock.
I bought all these things in Piccadilly, on Friday morning, at the end of White-horse-street.
NOT GUILTY of burglariously breaking and entering the dwelling house, but GUILTY of stealing the goods to the value of thirty-nine shillings .
MARY BLACKER.
182. MARY BLACKER was indicted for stealing one pair of women's silk slippers, value ten shillings, the property of James Kennedy , privately in his shop , December 9th .
" JAMES KENNEDY being sworn deposed,
"that about two hours after the prisoner
"had been at his shop, he missed a pair
"of silk slippers."
" THOMAS PAGE being sworn deposed,
"that a woman pawned a pair of silk slippers
"with him, in the name of Mary Davis , on
"the 9th of December, but that he could
"not recollect the person of the woman."
" SAMUEL TAYLOR being sworn deposed,
"that the prisoner confessed to him
"that she had taken the slippers; and that
"she had pawned them with the last witness
"in the name of Mary Davis , which was her
"maiden name."
I told them I did not pawn them.
RICHARD RODEN.
183. RICHARD RODEN was indicted for stealing one metal watch, value twenty shillings, one steal chain, value one shilling, one metal watch key, value one penny, and three watch trinkets, value one shilling , the property of Frances Tresilian , spinster , January 4th .
FRANCES TRESILAN sworn.
I took a hackney coach at the top of the Adelphi in the Strand , and went to No 18. in the Poultry: I had my watch when I went into the coach; I missed it when I returned back into Fleet-street ; while I was in the coach, I pulled the string and told the coachman I had lost my watch; he said probably I might have dropped it in the coach; he took the straw out, but it was not there; I went back to the Poultry and then home; I stopped the coachman, and sent for a constable; I then took him to Sir John Fielding 's; he was searched, and the watch found upon him. (The watch was produced in Court, and deposed to by the prosecutrix.)
RICHARD BRYANT sworn.
I asked the prisoner what he had done with the watch; he said he knew nothing of it; he refused to be searched; we were obliged to throw him down on the floor to search him; I found the watch in his inside coat pocket.
MARY JONES sworn.
Mrs. Tresilian took a coach; she returned and told me she had lost her watch, and that her friends advised her to stop the coachman.
The prisoner said nothing in his defence, but called
JOHN EDWARDS , a master coachman, for whom he had worked ten or eleven weeks,
THOMAS ASCOUGH , a victualler, who had known him ten or twelve years,
THOMAS HAWKINS , thirteen or fourteen years,
WILLIAM PEATE , thirteen years,
NATHANIEL POWEL , several years,
Who all gave him a good character.
THOMAS HILLIS, THOMAS OLDFIELD, WILLIAM SELL.
184, 185, 186. THOMAS HILLIS , THOMAS OLDFIELD and WILLIAM SELL were indicted for that they in the King's highway, in and upon Thomas Paine , feloniously did make an assault putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value forty shillings, one steel chain, value one penny, one steel seal, value four-pence, and ten shillings in monies numbered , the property of the said Thomas Paine , December 25th .
" THOMAS PAINE being sworn deposed,
"that he was robbed in the York coach by
"three footpads, at about six in the morning
"of the 25th of December, at Holloway ,
"but it was too dark to see their persons."
" LAURENCE BARROW being sworn
"deposed, that the prisoners asked him to buy
"two watches, which they said they had
"robb'd the passengers of the Coventry and
"Shrewsbury stages of on Christmas day;
"that he refused to buy them, and gave information
"to Sir John Fielding 's people of
"the prisoners; and they were taken with the
"watches upon them, one of which belonged
"to the prosecutor."
The prisoners in their defence said they had the watches from the witness Barrow.
Several of Sir John Fielding 's men were examined as to the character of Barrow, who said that Barrow, alias Berreau, had a very bad character.
The prisoners called several witnesses, who gave them a good character.
THOMAS DAVIS.
187. THOMAS DAVIS was indicted for stealing one hempen bag, value two pence, one thread stocking, value one-penny, one small pistol, value five shillings, and 2645 halfpence , the property of Thomas Watts , November 13th .
THOMAS WATTS sworn.
My compting-house was broke open on the 13th of November, and I lost the things mentioned in the indictment.
Were not part of the half-pence you lost found at another place by another man? - I heard so.
JAMES STEDMAN sworn.
As I was walking towards Hampton I saw
two men, who told me a man in a white frock had taken something out of a hedge, that appeared to them to contain half-pence, and was gone on: I saw the prisoner drinking at a door, I sent for a constable; he was taken to Hampton watchhouse; he had the half-pence in a bag.
[The half-pence were produced in Court, and the prosecutor deposed, that he found a note in the bag of the weight of the halfpence, which he had put into the bag before it was stole.]
JOHN STOCKER sworn.
As I was working by the side of the road, the prisoner stood by me some time; then he went to the side of the bush and stooped down, he staid there some time; he was picking with a stick in the bush; then I saw him endeavouring to raise a sack upon his shoulder, but he could not get it up; so he threw it over his arm, and he came to me and another man who were at work; he seemed in terror; he said there was no public house near or he would treat us; he gave us three pence halfpenny, and bid us take no notice of him; he had not any thing with him when he went to the bush: I told Mr. Stedman of it, and he went after him; this was three weeks after Mr. Watts's compting house was broke open.
ELIZABETH HUMPHREYS.
188. ELIZABETH HUMPHREYS was indicted for stealing one silver table spoon, value four shillings , the property of Thomas Lingham , January 2d .
THOMAS LINGHAM sworn.
I am a glover , and live in the Strand : the prisoner was my servant ; I lost a table spoon on Tuesday the 2d of January: on the Thursday following, which was a very rainy day, the prisoner wanted to go out; we thought it very extraordinary, and therefore I sent my boy to watch her; my boy came back and informed me that she was at Mr. May's, a silversmith; I went to Mr. May's, and saw the spoon and the prisoner there.
BOYS MAY sworn.
I am a watch-maker: the prisoner came to me on the 4th of January, and asked me if I bought silver, I told her I did; she went out, and in about a minute brought in a spoon bent double; she said a woman in the Borough gave it her to sell, and she was to have half of it; I told her I suspected it was stole; I stopt her and sent for a constable; the prosecutor came and owned the spoon.
When I came within a few yards of this man's house, a man met me and gave me the spoon, and said if I would sell it I should have part of the money; I went to sell it and the man stopt me; I never saw that man before.
FRANCES STEVENS.
189. FRANCES STEVENS , spinster , was indicted for stealing 9 l. in monies numbered , the property of Thomas Haywood , January 10th .
The prosecutor being called and not appearing, the Court ordered his recognizance to be estreated.
SARAH LAZARUS.
190. SARAH LAZARUS was indicted for feloniously receiving, well knowing them to have been stolen, four china images, value ten shillings, two china bowls, value ten shillings, two china basons, value two shillings, nineteen china cups, value seven shillings, and nineteen china saucers, value seven shillings; the said goods being parcel of the goods which Saunders Alexander and Lyon Abrahams were convicted at the last sessions of stealing, the property of Henry Woods .
(The record of the conviction of Saunders Alexander and Lyon Abrahams was read in court.)
HENRY WOODS sworn.
I live in the Poultry, and am a glass-seller and china-man ; upon the 5th of November
my warehouse was broke open by pick-lock keys; my shop is on the opposite side of the way; I lost a great number of bowls, basons, cups, and saucers; I lost some figures of the English manufactory: I have some of them here that were found by Mr. Phillips and Mr. Jackson; I have looked at them, and believe them all to be my property; one in particular has my own mark upon it: these are part of the goods that were stolen by Alexander Abrahams .
PERCIVAL PHILLIPS sworn.
I am a constable: Mr. Jackson and I searched the prisoner's lodgings in Long-alley, Moorfields; we found there the china that is now produced; some were in the closet, and others under the prisoner's bed.
THOMAS JACKSON being sworn, confirmed the evidence of Percival Phillips .
GEORGE KING sworn.
I know this china is the property of the prosecutor Mr. Woods; I was not concerned in the china affair: I saw Armstrong, Alexander, and Lyon Abrahams bring the china into Abraham's apartment on the Sunday morning; I have seen the prisoner several times in his apartments in Long alley; it was the prisoner's lodging when she was taken; Abrahams' had gone to another lodging.
HANNAH KING sworn.
I am wife to the last witness; I know the prisoner; she lived in Lyon Abrahams' house, and did his work as a servant: I believe I went to Abrahams' about six o'clock in the morning of the 6th of November, the prisoner helped them to pack up two hampers of china; I took notice of such a scallop cup as this.
WILLIAM HARTSHORN sworn.
I know the prisoner to be a tenant and lodger in the house in Long-alley; I lodge in the same house; I have been there a twelvemonth; she lived there before I came: The china was taken out of her lodgings.
I know nothing about the matter.
GUILTY . T. fourteen years .
JOSEPH BULL.
191. JOSEPH BULL was indicted for the wilful murder of Catharine Guy , single woman , December the 24th .
He was charged in the coroner's inquisition for feloniously killing and slaying the said Catharine.
WILLIAM DORAN sworn.
The prisoner lived next room to me: Catharine Guy lived with him as his wife; I heard a great noise in the prisoner's room between seven and eight at night of Christmas eve; I heard the prisoner kick her, and beat her; he said, you bitch, where is the money, the woman's money? I understood that to be the money he had given her to pay the rent; she said, my dear Joe, do not kick me, nor beat me, for I did not spend it; he said, where is the woman's money, a number of times: you bloody bitch, I will knock your bloody liver out, and your bloody melt; Nicholas Fox and my wife were in my apartment at the same time, the partition between the rooms is only lath and plaister; I heard her fall down, and she shook my plates; Fox and my wife hallooed out to him; he gave some saucy answer; I told them to hold their tongues, that it was a customary affair; after that he went down stairs: I heard her moaning when I awaked at about three o'clock.
Was she lying upon the bed to your opinion, at that time? - No, upon the floor behind the door; a woman came up in the morning, and a girl; I went in and put the deceased upon the bed, with her head against his legs; some hair was pulled off her head, and lay in various parts of the room.
Are you sure it was the hair of her head? - The hair matched with her hair; I wanted her to speak, but she could not.
How long before this beating had you seen the deceased? - In the morning of the day he beat her; she washed for a good many men, she was then about her business as usual; there appeared to be nothing the matter with her more than usual; she was no way ailing that I know of.
How long had she lived with the prisoner? - I have heard him say four or five years; when I returned up stairs again on Christmas day, at about one o'clock, I saw her again; the prisoner was not in the room, she was upon the floor again, I lifted her upon the bed; she lay just at the back of the door, that we could hardly get in; the bed is near the door.
Do you think she slipt off? - No, I think she was not able to move; I think she must have been pushed off.
Did you lift her up on the bed again? - Yes; she was as bad before; I did not not see any change in her; I observed upon the floor, blood and hair, and her cap; she lay without a cap, and was all bloody in her mouth, and all over her, and her hair all in strings clotted with blood or something.
Was there blood upon the ground near where her head lay? - Yes, besides hair, and upon the chairs; she died I believe the day after.
I think you say she was a woman of a weak constitution? - She was a woman of a thin body.
Sickly? - I never saw any sickliness.
Did not she use to drink very hard? - She used to drink to be sure.
Do you know what sort of liquor she used to drink; gin or beer? - She might drink both.
Did not she often get drunk? - I have seen her drunk, not very drunk; she was capable to come up to her own apartment, and do her business, as far as I saw.
Do you know whether she was drunk that evening? - For what I know she might.
Had you seen her a little before that time? - No.
Did she speak plain? - She did.
One of the Jury. When you took the woman up, and she lay near the door, and you put her in bed where this man lay, did she speak to you? - She would not speak a word.
And you are sure she said, my Joe, do not kick me? - Yes, quite plain as I speak now; he said, d - n your eyes, you bitch, as I mentioned before.
ANN DORAN sworn.
I am wife of the last witness, we lodge in the next room to the prisoner; I heard him say he wanted the money; that she had not paid it to Mrs. Carr, that is our landlady; he beat her and said he would cut her bloody life out, and her bloody melt out, and d - d her for a bloody bitch; she said nothing, but my dear Joe, pray don't, my dear Joe, don't; when he took her up and threw her down he shook the very tables in our room.
Had you heard the blows or kicks before that time? - Yes, several times; then he went down stairs; I never heard her speak more, only she moaned: I called to him once or twice while he was beating her and begged for God's sake he would not beat her; he bid us be d - d and keep our own apartment. I heard nothing more pass that night, but I went down at about a quarter after seven in the morning; I told my landlord and landlady, that I did suppose Bull had killed his wife, for she lay in a deplorable condition; for I had opened my own door and saw her weltering in her blood, with her hair all about her ears; I did not open his door, she lay and moaned in such a manner it terrified me; that was Christmas day in the morning: the prisoner was out when I looked into the room, he did not come home till a man came for his shirt; I said to the man, I should be glad if you would go and fetch Bull home and take that poor woman off the ground; the prisoner came up along with him, and he gave the man his shirt; she was then lying upon the floor, and the prisoner took no notice at all of the body.
Did any body speak to him about it? - Nobody.
Did your husband go in with you? - I was not there when he lifted her from the floor, my husband went in about nine or ten o'clock, I did not go in then; I saw her the next day, Tuesday morning, she would have spoke to me, but she could not: she died on Tuesday.
How long have you known the deceased? - She had been there four or five months I believe.
Was you intimate with her? - I am very seldom at home.
I believe she used to get drunk very often? - I do not think she had wherewith to do it.
Have not you frequently seen her drunk? - I have seen her intoxicated with liquor, but not to be drunk.
Whenever she could get money to buy liquor she was? - When she got money for washing, he always took share of it.
When the man came for his shirt Bull came back again voluntarily? - Yes.
Court. You desired the man that came for the shirt to fetch the prisoner, that he might take the poor woman off the ground? - He stept over her, and took no notice of her; he desired the man to appear if any thing should be wanting; and he said he would be greatly obliged to him, for the folks would think the bitch had killed herself with drinking of gin.
Counsel for the prisoner. Did not she lay as you have frequently seen folks lay that are drunk? - I do not think that she was.
Did you observe blood about? - Blood came from her nose and mouth, and there were several spots of blood about the room, and her hair was all over blood.
Did you see her when she was put upon her bed? - I saw her in her bed, when my landlady had stripped her cloaths off upon Tuesday morning.
HUMPHREY MILLER sworn.
I am a fellow servant to the prisoner; I assist him in attending his horses: upon Christmas evening, the 24th December, we agreed to sup together; he said he would go home and fetch some onions; he came back again to sup with me, and stayed with me all night.
Did you know the deceased? - I have seen her several times.
Then do you know that she used to get drunk very ofter? - I have seen her drunk.
NICHOLAS FOX sworn.
I was in Mr. Doran's room on the 24th of December when this affair happened; I heard the prisoner strike his wife several times, and heard the woman cry out,
"don't beat me any more, my dear soul," or something of that sort: I did not see the man strike her, but I heard blows and kicks; and after that I heard a great shock against the floor; I observed it shake the floor.
Did you ever hear her speak after she was thrown down? - No; the prisoner was up in his own apartment before I went up to see my friend.
A little matter will shake a floor at the top of an old house, will it not? - I suppose so.
SARAH CARR sworn.
The prisoner lodged with me: upon Sunday evening, the 24th of December, the prisoner came into my house, I believe about five o'clock, he said, have you seen Kitt? has she given you any money? I told him I had not seen her; he said he humbly believed me, and went away; they do not lodge in the same house I live in: upon Monday morning Ann Doran made a report to me of the deceased being used in the manner she has now described: I was not much touched at the time, because I had heard they had had words before; I was rather busy; immediately another woman who works for me came down, and said, Mistress, for God's sake go up, for that woman is certainly dying, but do not go into the room for fear the fellow should use you ill: that was between ten and twelve o'clock; I went up stairs; I put my hand to the door, and the deceased then sat in a chair at the feet of the bed, the prisoner lay upon the bed; I said, Bull, what is the matter with you? she did not seem to take any notice; I said, pray, Bull, what ails you?
She passed as his wife? - Yes; she turned her head to me as well as she was able, and made a noise, but could not speak; her face appeared bloody all over, and her hair all about; there were either three or four locks of hair upon the ground; and underneath the chair where she fat, there was a quantity of blood.
Did it seem to her hair that was about the room? - It certainly was: I was much frightened, I went down stairs.
What did the prisoner do all this time? - I cannot say whether he was asleep or awake; he took no notice; he was upon the bed in his cloaths; I went down immediately and sent for a constable; the prisoner followed me very soon, and went out of the house.
Did you say any thing to him what you was going about? - I did not speak a word to him; but I am apt to think he heard me there; he did not stay ten minutes in the room after me; the constable came and went with me and William Doran to the Cannon, a public-house in Hungerford-market, where the prisoner then was; Doran put his hand upon the prisoner's shoulder, and said to the constable, this is your prisoner; the prisoner resisted, and made many bad speeches, and said he would not
go: the constable was not well versed in the business, he sent me to the justice to get a warrant to take the prisoner; I went to justice Goodchild, he said any body might take a person for murder; I went to the constable to the Cannon, and informed him what the justice said, and he immediately took the prisoner to the Round-house.
Was this before the woman was dead? - Yes; as soon as I returned, I went to see the deceased again; Doran had lifted the body upon the bed before I came: I got the overseer to come then, and the apothecary: the apothecary opened a vein, and she bled; he thought she would die; I thought possibly if I took her cloaths off she might survive: I was obliged to cut them off, and about her body there were a vast many marks, from her hands to each shoulder were marked; her hip was very black, and upon one side of her head.
Did she speak afterwards? - She would have spoke if she could; I told her Joe was confined, she tried to speak, but could not: she died upon Tuesday between eleven and twelve o'clock.
You say you believe he heard you say you would send for a constable? - I believe he heard me in the room.
How long was it after that before the constable came? - I suppose half an hour.
He was under no confinement during that time, he might have ran away? - I suppose so; he was free all the time till he was taken.
SARAH FINCH sworn.
On Christmas day at night I went up into the prisoner's room about eight or half past eight o'clock; the deceased was then in bed, she seemed very bad; she endeavoured to speak many times, but she could not; Mr. Harding the apothecary was there; he desired the gentleman to withdraw into the other room, and that I would turn the cloaths down and search if I saw any great marks about her: Mrs. Carr the landlady coming in, I begged she would do it; I did see one or two marks upon her arm, that was all that I saw; I never saw her afterwards nor before.
ANN TUDOR sworn.
The deceased washed for me; I went there in the morning, and in the evening, and found the door a jar; I saw a quantity of blood in the room, that was, I believe, nine or ten in the morning; I pushed the door a little further, and I saw the deceased sitting upon the ground at the foot of the bed, and her husband lay upon the bed with his cloaths on; I started back; and cried, O lord! William Doran came to his room door; I asked him who has done this? he told me her husband had beat her in that manner at seven o'clock over-night, Sunday night; I heard the noise; William Doran lifted her up from the ground and set her in a chair at the foot of the bed, leaning her head against the prisoner's feet.
Did she seem to have strength enough to support her own head? - No; she seemingly was dying then; she tried to speak, but could not, she only shrieked, and made a great moaning, which heard all night, and could not sleep for it; lay in the back room under her.
Was you at home the preceding evening at seven o'clock? - No; I was there on Sunday morning.
How was she then? - Very well; she was a very weakly thin made woman.
ELIZABETH MASON sworn.
I live at No 25, Charles-court; I went up to the prisoner's room upon Monday night; I went to the bed-side to take hold of her hand; I asked her whether she knew me; she turned her head towards me, and said, to my thinking, Joe, Joe, Joe, as well as she could repeat the words.
Mr. HENRY JARVIS sworn.
I am a surgeon: Upon Christmas day I was called to see the deceased between seven and eight o'clock in the evening; I called by chance upon the apothecary who attended her; he was going down along with the two overseers of the parish to see this woman; I found her speechless: I was informed of the manner in which she had been treated; I examined her I found she had three bruises upon her arm, that was all I saw that night; on the next morning I called again in order to see her, and I was then told that she had more bruises, two of which made their appearance then about her body, and I found an appearance just upon her hip; the skin was discoloured: I examined her head very closely then, in order to discover
whether any wound was there upon her head, it being day light then; I did not find any wound on her head, I suspected there might be; then a man produced some hair that had been torn from her head: I found afterwards upon a strict examination, that the blood had come from her nose; I did not at that time find any place discoloured on the head, and I examined it very closely; I thought the wound that made its appearance might have come from a concussion of the brain or a fracture, and then blood would have come from the ears or mouth; I made a particular examination into that, and as I said before, I found it came from her nose; I did not see her afterwards till the coroner's jury fat, I attended then, and that part which appeared slightly bruised in the hip, made a great appearance; it was very large and much discoloured, there was no kind of wound, there will from a small bruise appear a great discolouration; there was no wound.
Court. Might not some internal injury happen by a violent bruise of the external parts without any wound appearing? - It might, provided it had been in the abdomen, but this was upon the hip bone; I thought it would be necessary to examine the head further, and I observed a small slight mark or bruise just upon the temple, but so slight that it hardly made any kind of appearance.
How long had she been dead then? - Two or three days, I believe; it was so trifling that I had not observed it before, though I closely examined it, till that night; I examined the side, but the only bruise she had was upon the hip; there was an account given the first day that I came, that her arm was broke; I examined it very closely then, and also before the jury; but it was not broke, it was greatly bruised indeed; I did observe to the people when I was first fetched, that the woman had been treated very ill, and I made no doubt but that she must die, for she was dying when I called.
You have heard the account, that she was thrown down or fell down by blows with great violence upon the floor ; I do not find by their accounts that she ever rose from that fall: might not there be a concussion of the brain that did not shew itself in any external appearances by blood, either from the mouth or ears? - I had the honor to be brought up at Bartholomew's hospital, and have seen many concussions of the brain and fractured skulls; but I very seldom saw a concussion of the brain but some bad circumstances had followed, of a retching or the like, and I do not find that she retched.
The witnesses never heard her stir from the place after she was knocked down, and she was found upon the spot where she was knocked down the next morning? - The blood I saw lay at the feet of the bed.
From the consequence of being thrown down, never rising more, and being found the next morning speechless, should not you have concluded there must be some internal hurt that you could not perceive; was her head opened? - So slight was the bruise upon the part, that I never saw it till the coroner and we were coming away, and she had no bad symptoms to induce me to open it; I should certainly have opened it else, to see if there was any extravasated blood between the dura mater and the pia mater.
Might not some shock have been received in these nice vessels? - In the hospitals we have opened the parts and known a concussion and fracture, and have not found any symptoms.
Jury. The woman said she found her lying upon her forehead, the surgeon says it was upon her forehead? - Rather upon one side of her head.
To ANN DORAN . How was the woman lying when first you saw her in the morning? - She lay along upon the ground with her face upon her hand.
To Mr. JARVIS. You have attended to the whole of this evidence; I take for granted this woman describes how she lay, how she fell as all mere suspicion: I should be glad to know whether you attribute her death to chance, to accident, or to violence? - Upon the examination of what I informed your lordship, concerning her arm and her hip, as these seemed to be the principal kind of bruises; her arm was very much bruised, yet I should not imagine that this could be the occasion of her death, because they are not in parts sufficient; had they been in the abdomen, or the stomach, it would have been different; we all know that broken arms do not occasion any
persons death without mortification; the bruise on the temple seeming in fact so slight and she not having had those symptoms that generally attend fractures and concussions of the brain, I cannot tell how far the brain might be injured.
Court. As to what symptoms she had he went out and left her all night? - I only go by appearances.
From what you observed of these external marks, you do not think that they could occasion her death so immediately? - No, had she received any wound any where in order to have traced to open the body, I could have been more certain, but as to bruises we seldom open at hospitals upon that account without symptoms of a concussion of the brain or a fracture.
Mr. HARDING sworn.
One of our overseers called upon me and took me with him to see the deceased upon Christmas day, about four o'clock in the afternoon; I found her upon the bed in her cloaths very cold; she had no cap on and was in a wretched condition, and I thought in a dying state; we endeavoured to make her speak, to acquaint me how she came to be in such a dreadful situation; she could not speak; I then asked for assistance to endeavour to bleed her, her arm was contracted and quite cold, and it was with the greatest difficulty I could extend it, it was cold and stiff; I took five or six ounces of blood from her; I then spoke to the overseer and wished that he would send for a little wine, that we might see if she could drink; he sent for it; it was with a great deal of difficulty that she swallowed about half a spoonful. I saw there was blood just by the door, not a great quantity, I suppose about a couple of ounces; then I examined her head to see if there was any rupture or bruise, if there had I should have sent immediately for a surgeon; but I found none, the blood I perceive had ran, as I take it, from her nose and had gone into her hair, and had stuck it to the side of her temple; I opened the cloaths; she was not undressed, she had a coarse apron on that was exceeding wet, and all her cloaths were wet and very damp; I bid the woman pull the wet things off, the overseer giving directions to have care taken of her: I left her for that time. Mr. Jarvis called upon me accidentally, I asked him to go with me to see this poor woman; he went with me, I found her much in the same situation I left her in; we were informed she had many bruises and was very much hurt; we examined and I did not perceive any bruises then, but upon the left hip, upon the arm, and upon the temple, all upon the left side; these contusions I thought did not appear sufficient to occasion her death.
Did you see her after she was dead, before the coroner's inquest? - Her nose and upper lip had bruises as if she had either fell or had a blow upon them; Mr. Jarvis and I were both together before the coroner.
You have heard Mr. Jarvis's account? - Yes, but I would observe one thing: one of the witnesses says her right arm was black; now that was a mistake of the evidence, for my bleeding her and tying her arm made it black; for it was not so when I bound it.
One of the Jury. Would that cause a blackness from the finger's end to the shoulder? - I do not know that it was so; I do not know but it might, it was much swelled; I was obliged to untie it myself in the evening; the arm swelled from four o'clock till I came at eight at night.
Court. You observe by the account, that she was knocked or beat down at seven o'clock on Sunday evening; that she was permitted to lye there all night upon the floor; do you impute the death to the violence and usage she received, taking the whole circumstances together? - If the woman had received no hurt I verily believe she would have been alive now.
Do you mean if she had not been left in her wet cloaths all night upon the ground? - Yes.
You think that an ingredient that might cause her death? - I verily believe her lying upon the floor in that situation was the cause of her death.
To Mr. JARVIS. What do you say to that? - I made an observation before, that I did not suppose the bruises that I had seen were the cause of her death; but I am afraid the ill treatment might.
Therefore not having immediate assistance, you think the violence she received and the ill treatment, and leaving her in that situation
might occasion her death? - I should be sorry to say otherwise.
WILLIAM STONE sworn.
I am a constable: I went up and saw the prisoner in the room; I saw some blood under a chair at the bed's feet: Henry Doran desired I would go and take the prisoner; I went to the Cannon and took him; I have the hair that was pulled off her head in the cap, and the shirt that came off his back (producing them.)
The shirt was stained with blood in several places.
MARY PARSLEY sworn.
I nursed the deceased: I was employed by Mr. Carr upon Christmas day; I came to her in the afternoon.
Was she able to speak? - She called three times Joe, Joe, Joe, and she called me Molly.
Who was in the room when she called Joe? - Susannah Young .
Do you remember Elizabeth Mason being there? - She came up as well as the rest did into the room.
Was she there when you heard the deceased say Joe, Joe, Joe? - I cannot tell.
SUSANNAH YOUNG sworn.
I went into the room about nine o'clock; this poor woman did not like to stay by herself; Mr. Carr desired me to stay with her; I was intimate with the deceased; I took her by the hand and said, Kitt how do you do? she said, what brought you here? I said, I came to see you, who used you in this vile manner? she called for Joe and God, she said, Joe, God! Joe, God.
Was Mrs. Mason in the room at that time? - No, no mortal but this woman that sat up all night with me; she called for Joe and God a quarter of an hour before she died; they were the last words she ever spoke.
My Lord,
Upon Christmas eve in the morning I got up about three o'clock or a quarter after; I struck a light and went down to the stables to look after my horses; I came home about eight in the morning and went to bed; she was not at home; between eleven and twelve she came home and tumbled upon the bed upon me, which waked me; I asked her what it was o'clock, she said almost twelve: I said you have been out finely getting drunk again every day in this manner; she said she was not drunk, and she would undress herself and go to bed; I said she should not, for I must get up and go down to the stable; I put my foot against her, I had neither shoe nor stocking on, and shoved her down upon the floor; she sat upon the bed again, then I shoved her off again, I could not get dressed; she took hold of my shirt and pulled that; I took up the chamber pot and threw the water over her; then I dressed myself and went out to the stable; I came home in the evening, she was gone out then, I did not see her that night, which was Sunday night; I was at home at eleven and twelve o'clock, and she was not at home at all; I was at home on Monday at half after eight o'clock, I went into the room, she was not at home then; the door was made fast with a bit of riband, for there is neither lock nor bolt to the door; I went home again about eleven o'clock, there she laid upon the floor with her head bent down upon her knees, and about a large spoonful of blood at her nose and frothing at her mouth; I lifted her upon the bed; I did not think but she was in her fits as usual when she has been in liquor; she has often laid three or four days together in that way, when she had been a drinking: I expected to have found her in Bridewell, as I frequently have done; I had only my waistcoat and shirt on at the time; I never struck her, only shoved her off the bed with my naked foot; she was not at home upon Monday between eight and nine o'clock, I came home on Sunday night at eleven o'clock, there was nobody at home; the door was made fast with a bit of riband; I laid along with my man and came home at eleven, nobody was at home: my shirt being bloody does not signify any thing, sometimes it is full of blood; I am in the slaughter house carrying beef every day.
Court to MILLER. Did I understand you right when you said it was about seven or eight when he went home to fetch onions? - It was between seven and eight when he came back, he lay along with me all night.
THOMAS PARIS sworn.
I have known the prisoner between six and seven years.
Is he an humane man? - I never heard any thing to the contrary.
Do you think he would be guilty of murder? - I never heard any thing of the kind.
JOHN TOWNSEND sworn.
I have known the prisoner two years; I never took him to be otherwise than an humane man.
Mr. Justice Nares, after very accurately summoning up the evidence to the Jury, concluded to the following purport:
The death of the poor woman is certain; the manner in which she has died you have heard the particulars of, and you are to determine upon the evidence, how far you think the prisoner at the bar has been the occasion of her death: I desire you not to let any acts of cruelty, which I am sorry to say, have appeared in the evidence, prejudice you against the prisoner at the bar; but to consider it coolly and dispassionately, and try from the whole of the evidence, whether you are satisfied in your mind and conscience, that the prisoner, under all the circumstances, has been the occasion of the woman's death. In order to from that judgment, you will consider, in the first place, what state of health she was in before this happened; the witnesses give you an account, she was what you would call a puny woman, a woman not of a robust constitution, as one of the witnesses, Mrs. Tudor, says she looked upon her to be very well, only she was not a woman of a strong constitution; but she saw her that day about her business, the others saw her that day, they heard no complaint whatever; and therefore to all appearance she was well till this fact happened: none of the witnesses saw the prisoner beat her; but you are to consider, under the circumstances, whether the evidence thus given, is not sufficient to satisfy you that he has beat her, and to what degree. Three people, (one a stranger, who happened to be in the next room, who knew neither the prisoner nor the deceased) all correspond in that account; they all of them tell you that they heard him beat her and kick her; they heard her thrown down, as they describe it, with violence; they all heard her expostulating with him, calling him her dear Joe, and entreating him, for God's sake, not to beat or kick her any more: the dispute, you see, arose, and the cause of his acting in that manner was, as far as we can find, imputed to her having spent the money he had given her to pay Mrs. Carr; the witnesses were asked whether she was supposed to be fuddled then or not; they say they did not see her, but she spoke plain. Mrs. Doran goes further still, and she says, hearing the cruel manner, as she apprehended, in which he was treating this woman, she called out to him and he damned her, and bid her mind her own business, and keep her own apartment; they all three swear that they never heard any thing more said after she fell down, and that he went down in a little time after; and now you find by the account of Miller, who seems to come as his friend in some respect, that after he had been home again, he came back to him and never returned all night; so that if she did receive violence, if he threw her down in this manner, if she never rose afterwards, he certainly went and left her in that state in which she was found on Monday morning; how she was found then the witnesses have told you, and I shall not repeat it: you hear then what evidence there is of violence, both the surgeon and apothecary, though they did not think the appearances of violence were such, that they themselves were immediately the cause of her death; yet they tell you they found her in a wretched condition; the apothecary says, her arms were almost stiff at the time he attempted to bleed her, and she was in a dying state when he first saw her: Mrs. Tudor tells you, she thought she was dying at the time she saw her, she never grew better, you observe, but worse and worse to the time of her death; and then the material thing to be considered is, as these bruises did not in themselves seem timport, any thing fatal from the external appearances of them, whether taking the whole transaction together, beating her in that manner, if you are satisfied he did do so, throwing
her down in that manner, if you are satisfied with the evidence respecting it; leaving her in that situation, never taking the least care in the world, which must all be taken as one transaction, was the occasion of her death; how it can be accounted for I shall not intimate, nor speak the least with respect to my own sentiments of the occasion; but you see a person very well before this happened, in a dying state, the very first time she was seen after it happened, you are to judge from thence whether it was or was not the occasion of her death: one thing does occur to me; that is, if he was satisfied from the violent beating, or ought to be satisfied from the violent beating she had received, from the violence she had received in throwing down, that she was in a state at least that deserved care and attention, or that something should be done for her, and went away and left her in that state without any care or attention, and by that means was, as the apothecary thinks, the occasion of her death; in point of law, taking the whole circumstances together, the acts that he did, and the omission of what he ought to have done are to be considered as one transaction, and if you are satisfied all together were the occasion of her death, he is guilty of the murder: if he had went away with a flight degree of injury that had been given her, from which there was no probability of any harm happening to her, and there was no negligence whatever or cruelty in leaving her in that condition and not attending to her; if you could think that, then perhaps, so much negligence is not to be imputed to that act as should be considered as an additional circumstance to make him guilty; I mean wilfully in his own mind of the occasion of it: I am sorry to annex to it an observation, that when he came the next day and was desired to take her up, he walked across the body and did not give her the least assistance; then if from thence you can inter an intention from the beginning of doing a mischief to her, you may be satisfied perhaps with respect to the whole of the transaction, as to the occasion of her death; however you will take it into consideration, and if you are fully satisfied in your conscience that he has been from the whole of the transaction the occasion of her death, then you will find him Guilty; on the other hand, if a doubt remains in your mind about it, though you would be very desirous that the death of a party should be attoned for, yet you will take great care, while we are lamenting the death of one innocent person, that another innocent person may not be in danger of suffering.
The prisoner immediately received sentence, this being Saturday, to be hanged at Tyburn on the Monday following, and his body to be afterwards dissected and anatomized according to the directions in the Act of Parliament.
JOSEPH HUNT, MATTHEW PORTER.
Guilty > manslaughter; Not Guilty
192, 193, 194. JOSEPH HUNT and MATTHEW PORTER were indicted, together with JAMES ROUPELL (not in custody) the first for the wilful murder of Richard Smith , and the other two for feloniously, wilfully, and of their malice aforethought, being present, aiding, helping, abetting, comforting, assisting, and maintaining the said Joseph Hunt to commit the said murder December the 4th , They likewise were charged on the coroner's inquisition with the said murder.
CORNELIUS CARRICK sworn.
I am waiter at Mr. Roupell's, the Golden Lion in the Strand ; upon Monday the 4th of December, between nine and ten o'clock at night, serjeant Hunt and Mr. Smith came to the Golden Lion in a coach; the coachman called for the waiter, I went to the door; Mr. Hunt asked for a glass of gin, I gave him one, and Mr. Smith the deceased another; he desired me to give the coachman one, and then bid him drive on to the Tower, where they were going upon duty; Mrs. Roupell came out and told serjeant Hunt, that Mr. Jennings and Mr. Sheepcut were in the bar, and asked serjeant Hunt if he would not step in; Mr. Hunt desired the coachman to stop a minute; he came into the house and left Mr. Smith in the coach, he called for eighteen penny-worth of punch, and then went out and desired Mr. Smith to come in, who accordingly did come in and they drank the punch together; then they called for another eighteen penny-worth; in
drinking the last eighteen penny-worth, serjeant Smith asked serjeant Hunt to give him a pinch of snuff, he did not answer him immediately, but Smith still kept asking him for a pinch of snuff, while he was in conversation with Mr. Jennings and Mr. Sheepcut; upon his asking Mr. Hunt for snuff several times, Mr. Hunt said
"he was a rascal and a scoundrel; why did not he give the waiter six-pence and he would bring him some snuff?" and said,
"if he had any manners, he would not teaze him for snuff, while he was in conversation with other gentlemen." The discourse then dropped, and Mr. Hunt went to the door to make water, he came in and walked about the kitchen, and then came into the bar again; he went to sit down, and then the deceased challenged him, and said,
"he should be glad to decide the affair with him;" the deceased clapped his hand upon his sword, which was under his left arm, but did not then draw it;
"very well, said Mr. Hunt, if you must have satisfaction, I shall decide it where you think proper." Porter the prisoner said, if you mean to decide it, you shall decide it here, you shall not go out of the house to decide it; yes, said Mr. Roupell, they shall decide it here; and he took one candle, and Porter the other; Mr. Roupell then went out into the passage, and stood till Hunt and Smith came; Hunt and Smith then came out of the bar, and Porter got before them, and went up stairs first, then Hunt and Smith followed, and Rou pell followed them; then I went up out of curiosity to see the affair, I was not called; they had their swords drawn before they went into the room; the deceased drew his sword first; Hunt had his in the scabbard; Hunt then drew his sword; they put themselves in a poster of defence against each other; they made several pushes at each other, but neither of them were wounded; Mr. Hunt then drew back, he appeared to me to be rather daunted, and said to Mr. Smith,
"Smith, what necessity is there for you and I fighting;" he spoke very coolly to Smith, but Smith answered very abruptly,
"d - n you, I shall resent it;" Smith held the point of his sword slanting towards the floor, and Mr. Hunt rose up and made a lunge at him towards the right side, somewhere against his ribs.
Was Smith off his guard at that time? - No; he was not, he held his arm in a right line from his body, but his sword was rather bent, which made it appear to incline downwards; Mr. Smith made a lunge at Mr. Hunt, but missed his aim, and then they closed in with each other; when they closed in, Smith's sword passed by Mr. Hunt's right side; Porter then put down the candle, interfered, and took Smith's sword out of his hand, and flung it into the next room; I went immediately and put Mr. Hunt's sword into the scabbard, and left it upon the table; Hunt and Smith were then parted, and both their swords taken out of their hands; Smith pointed to his wound, and said, see here; there was a little blood upon the outside of his waistcoat; he called Hunt a d - d rascal, hit him a blow upon his lip, and made his lip swell and bleed: Hunt then took his sword, and Porter, Roupell, and he went down stairs, and left the deceased and me in the room, and I saw his colour change amazingly; I told him, if he would please to come down, I would lead him down stairs; he came out of the room with me, I came out first with the candle; I asked him when he came out of the room to stop a minute, till I picked his sword up, which was in the next room; he leaned upon the bannister, and instantly fell down; I went down stairs and told the company I believed the deceased was mortally wounded: I got some water and sprinkled it in his face, and it seemed to refresh him a little, but he did not speak; I then came down again and told the company, which were Mr. Hunt, Mr. Porter, Mr. Sheepcut, and Mr. Jennings, that the man was motionless; the company immediately: got up, and Jennings strongly desired that a surgeon should be sent for immediately, Mrs. Roupell said it was only a slight wound, and that she would take up some salve and dress his wound; that it was nothing but drunkenness.
Court. Were they at this time drunk or sober? - They appeared to me to be intoxicated; Mrs. Roupell, Mr. Hunt, and Mr. Porter went up; I went to Salisbury-street for a surgeon, but he was not at home; I then went for an apothecary, Mr. Harding the apothecary came; he probed the wound, and decleared it not mortal, but he said it was highly necessary to sent for a surgeon; one came, I went in with him, we found Hunt and Porter bringing the deceased down to the one pair of
stairs; they put him into the room, he stretched out, and rolled about the carpet very much: Hunt seemed much concerned, and asked the apothecary what was best to be done with him, the apothecary advised them to take him to St. George's Hospital; Hunt said, no; I should like to take him to the Westminster Infirmary, as I should like to have it done more private; Hunt said to me, let us lift him up and put him in the coach, and take him to an hospital immediately: in bringing the deceased down stairs, he begged to let him sit up a little; we then brought him down and laid him in the passage; there was a mob about the door; a surgeon was going by, and asked what was the matter, he came in, looked at the man, and declared he was a dead man, and that it was needless to move him; he died of the wound about an hour and a quarter after he received it.
Q. from PORTER. Whether I did not fetch, or attempt to get a surgeon? - You did; while I went to Salisbury-street for a surgeon, I met you coming down while I was going up Catherine-street; but he had never a surgeon with him.
When the deceased, Smith, was asking Hunt several times for snuff, what was Hunt a doing of? - Engaged in company with other people.
What about? - Playing at dice.
Then Smith was repeatedly interrupting him for snuff during the time he was at play? - Yes; while at play with these other gentlemen.
You say when Hunt went out to make water, he was challenged immediately upon coming in? - Yes; he dropped the discourse, and did not speak a word to Smith, but Smith challenged him.
Were there any opprobrious names given at that time? - No; a challenge was given by Smith; Hunt answered him very coolly, I shall decide it wherever you will.
Directly, they went up stairs? - Yes; almost instantly.
You said before, Hunt did all he could to get a surgeon? - He offered to take him to an hospital; and do all in his power to serve him.
Did not I say I would pay him all the expences to get a surgeon immediately? - You did.
DAVID JENNINGS sworn.
On the 4th of December, I and Mr. Porter were at Mr. Roupell's, and Hunt and the deceased came in and called for eighteen pennyworth of punch; they drank it, and while they were drinking it, Hunt proposed play, the company agreed to it, and all but the deceased went to play; the deceased frequently called upon Hunt for a pinch of snuff, which he refused: upon being repeatedly asked, Hunt said to Smith,
"d - n you, if you are a gentleman, give the waiter six-pence, and let him go and bring you some snuff;" he still kept frequently asking in the course of a minute or two perhaps, for a pinch of snuff; Hunt, as he was losing his money, was a little out of humour, and upon his teazing him said,
"d - n you, you deserve to have your head broke:" soon after the company refused playing any more with Hunt; Hunt went out and returned in about a minute; I moved from where I was, and sat next to Mr. Sheepcut; I said to him, as you are a winner, I would advise you not to play any more; while I was talking, the deceased, Hunt, Porter, and Roupell went out of the room together: I did not hear any challenge given; I did not know what they were going out of the room about; in a few minutes after the waiter and the maid came into the bar, and said one of the men was wounded; I directly said, then why don't you go for a surgeon; I ordered the waiter to go for a surgeon, Porter immediately came into the bar, and said the deceased was wounded; I bid him fetch a surgeon; he directly went out for Mr. Howard; he came back, and said he could not find him; I made use of some warm expressions, and asked him what business he had back till he brought a surgeon with him; he went again and a surgeon, a foreigner, came in, I believe, with him; he said he had been to see the deceased, had probed him, and he was a dead man; Hunt seemed extremely unhappy at hearing it, and walked up and down the bar or the kitchen; I then told Hunt I was unhappy in being there, and likewise that the accident had happened, but as it had happened, I must take care that he was delivered into the hands of justice; he seemed quite satisfied: the constable and watchman were sent for, and he went with them.
Q. from PORTER. Whether I had not been subpoenaed that day by Mr. Jennings, upon a trial at Westminster, and had been drinking very freely? - He was with me till four or five o'clock waiting for a cause, and he had been drinking a few gills of wine.
Mr. JOHN MORETON sworn.
I am a surgeon: I was sent for by the coroner's jury to examine the body; I found a wound under his right breast, which penetrated to the right lobe of his lungs; which wound, I believe, was mortal.
MARY TAYLOR sworn.
I lived at Mr. Roupell's: as I was standing at the dresser darning a handkerchief, I saw a cluster of them together; I heard a noise up stairs; somebody came down stairs, I did not know who it was, and said the man was wounded; directly my mistress said she would go up stairs, she had got some salve, and would dress the wound; she asked me to go with her: I went up four stairs, I could not go farther; my mistress asked for a bason, she said the man was sick; I could not go any farther, I was frightened; I saw no more till I saw the man brought down four stairs; I heard them say the reason they brought him down stairs was to go to the hospital; I went up to him myself, and said, poor dear man, how are you? he directly caught hold of my foot, and frightened me; I thought the man would recover by that, he made no answer; my mistress came by soon after; he went to lay hold of her coat, she said, O fie! she thought by that, that the man was greatly in liquor: soon after a person came and said the man was dead.
GEORGE DICKSON sworn.
I being the deputy bailiff for the Dutch liberty, the coroner's jury gave me charge of this sword (producing it): Porter sent a note to the foreman of the jury, offering to be examined as an evidence before the inquest; I went to the Temple coffee-house and served him with a notice to attend: he did attend.
The right hon. lord LIGONIER sworn.
I have known Mr. Hunt many years; he was serjeant to the company I commanded in the first regiment of guards; he was the paymaster serjeant, and I don't recollect in the whole time of my being in the army, to have met with a man more humane, or more benevolent than serjeant Hunt.
Colonel BAUGH sworn.
I believe I have know serjeant Hunt twenty years, or more; he always behaved himself extremely well and with humanity; he is a very respectable serjeant: the deceased was my serjeant likewise; they both have very good characters and were very good friends; I should have supposed such an accident would never have happened, if they had not been piqued to it by the people about them.
Colonel COX sworn.
I have known serjeant Hunt seventeen years; I had opportunities of knowing a great deal of him; I was lieutenant in the same company for above fourteen years: in the absence of the different captains, when many of them were in Germany, I had, in some measure, the command of the company; I ever looked upon him as a man of great humanity and benevolence; when there has been any misbehaviour of the men, he has endeavoured to put a favourable construction upon it; and though I frequently asked the men if they had any complaints to make against their serjeants; I never recollect during the course of the whole time, that there was any instance of tyranny or oppression in serjeant Hunt.
Colonel WEST sworn.
I remember serjeant Hunt about sixteen years; I was lieutenant in the grenadier's company for some time; during that time he always behaved himself like a humane good man.
Many more gentlemen would have attended, but they thought these were sufficient.
Mr. Justice Asbhurst, after having with great accuracy summed up the evidence to the Jury, concluded to the following effect:
This, gentlemen, is the evidence that has been given on one side, and the other; now it will be proper for me to tell you that in point of law, wherever death happens in consequence of a deliberate duel, at a future time and not immediately upon the quarrel, that in the eye of the law is murder; but if two men fall
out, and having their weapons with them, fight immediately with those weapons, or if in the heat of passion they go instantly and fetch their weapons and fight a duel immediately, if death happens in consequence of that, the law makes such an allowance for the frailty of mens passions, that it does not suppose that malice in the act, which is necessary to constitute the crime of murder: then, gentlemen, you will carry back your attention to the facts that have been proved in the present case: it has been proved by the evidence of the waiter, and likewise by the evidence of Mr. Jennings, that this quarrel was sudden: the first challenge you find came upon the part of the deceased, Smith, though that indeed is not absolutely material, in order to distinguish whether it does or does not amount in law to murder; for upon which ever side the challenge or provocation comes, if they fight in the heat of passion, and upon equal terms as to weapons, in that case it is not material in point of law from which side the provocation comes; but the law looks upon it in that case to be no more than manslaughter; but it is still a circumstance more favourable for the prisoner; when the challenge comes upon the other side; the quarrel arose in this case, from the deceased teazing the prisoner, not the prisoner teazing the deceased; they were both a little in liquor, though to be sure the law does not allow that as an excuse; the deceased upon that gave him a challenge to fight him; you find this was so sudden and so instantaneous, that Jennings happening at that time to be at the other side of the room speaking to Sheepcut; he tells you he was not there above a minute, while he was talking to him the challenge was given; the deceased, Hunt, and the two others went out of the room, and went up stairs; and so short a time was it about, that he did not so much as hear the challenge given, or so much as know what they were gone about; therefore, that shews that they did immediately go up stairs upon the quarrel to decide it, and that with such weapons as they had then about them, for they were both furnished with swords: now the only circumstance I ever entertained any doubt about was afterwards cleared up; I thought from the evidence of Carrick at first, that Smith at the time this wound was given, was off his guard; for he said his sword was pointed towards the ground; but afterwards he explained that, he said his arm was then in a right line from his body; and that the sword happening to be a little bent, gave it the appearance of an inclination downwards; but, in fact, he was then on his guard: it does appear to me, from all the circumstances, to be nothing more than the crime of manslaughter; there is not that deliberate malice which is necessary to constitute the crime of murder; therefore you will find him guilty of manslaughter only; and, I think, you cannot find him guilty of more: this is only as to the case of Hunt; as to the case of Porter, to be sure where a man is present, and in any respect aiding and assisting to a murder, that makes him what the law calls a principal in the second degree, and if murder does happen in consequence of it, if the principal is guilty of murder, a person so present, aiding, and assisting, will, in the eye of the law, be likewise guilty of murder; but if the principal is not guilty of murder, then the other of course cannot be guilty; and if you should be of opinion to find Hunt guilty of manslaughter, as there cannot be an accessary in that, you will then acquit Porter.
HUNT NOT GUILTY of murder, but GUILTY of manslaughter only .
PORTER NOT GUILTY .
JOHN COOPER.
195. JOHN COOPER was indicted for stealing eight pounds of bacon, value two shillings , the property of Thomas Rogers , January 5th .
THOMAS ROGERS sworn.
I am a cheesemonger , and live on Snow-hill : the prisoner came into my shop and took a piece of bacon; I followed him into the street, and took him with the piece of bacon upon him.
I never was in the shop.
GUILTY of stealing to the value of ten-pence . W .
HANNAH SAUNDERS.
196. HANNAH SAUNDERS was indicted for feloniously receiving five china bowls, value twenty-four shillings, four china basons, value eight shillings, and twelve china plates, value eleven shillings, parcel of the goods whereof Saunders Alexander and Lyon Abrahams were at the last session convicted of stealing, the property of Henry Wood , she well knowing them to have been stolen .
HENRY WOOD sworn.
The goods mentioned in the indictment were stole out of my warehouse in Grocer's-alley, upon the 5th of November, by Saunders Alexander and Lyon Abrahams.
I was in Lyon Abrahams' apartment when Armstrong, Abrahams, and Saunders brought there some china bowls and some china images; I was taken up carrying a basket for Armstrong.
SAMUEL SHAW sworn.
I took up Lyon Abrahams'; I understood then that they were his lodgings; now I understand that they are the prisoner's: I took this china out of these lodgings on the 17th of October. (Producing the china mentioned in the indictment).
WOOD. This china is my property; it was taken out of my warehouse.
Court. Then you discredit the former conviction; the principals were convicted upon the idea of it being their lodgings.
I went to the house of the prisoner on Monday the 6th of November, between nine and ten in the morning; she was taking a great quantity of china bowls out of a bottom drawer and putting them into a hamper; a porter carried two hampers full away; the prisoner shewed me a cup of such a pattern as this; she said she should like to keep that: she did not say how she came by them.
GEORGE KING . The prisoner was in the house when the china came from Mr. Wood's warehouse; she was a bed when Alexander, Armstrong, and Abrahams brought it in; she looked at some cups and saucers.
WILLIAM HEARNE sworn.
The prisoner is the person that took the apartment of me.
JOHN CROW sworn.
I was present when the china was taken out of the prisoner's lodgings.
I am very innocent of what that woman has swore against me.
She called one witness, who gave her a good character.
ALEXANDER CAMPBELL.
197. ALEXANDER CAMPBELL was indicted for stealing a bed tick, value twenty shillings , the property of William Chapman , January 10th .
WILLIAM CHAPMAN sworn.
On Monday evening between five and six o'clock I was down in my shop cutting out some furniture; I missed a screw, and searching for it I found a bed-tick concealed in a place we kept hair in for bottoming of chairs, concealed under some hair, I suspected the prisoner; I ordered it to be left there, that we might detect the thief; it remained there till about eight o'clock on Wednesday night; I sent the prisoner out then on an errand; just after he went, my man told me the bed-tick was gone; I sent for a constable in the morning and took him up; on my charging him with it, he said he had taken it, and wished I would shew him mercy.
FRANCIS CROOK sworn.
I am clerk to Mr. Chapman; I met the prisoner the night my master speaks of with the bed-tick under his arm, it was afterwards found by Joseph Hughes at the Scotch-arms in Little Britain.
JOSEPH HUGHES sworn.
I informed my master the prisoner had taken
the tick; I afterwards found it at the Scotch-arms in Little Britain.
ROBERT SEDGWICK sworn.
I am a constable; I was charged with the prisoner; he confessed he took the tick out of Mr. Chapman's house.
I did not confess it; Crook cannot swear he saw me carry a tick out of the shop.
CROOK. He was coming out of the door as I went in, I am confident he had the tick under his arm.
JAMES LONG.
198. JAMES LONG was indicted for stealing a silk gown, value ten shillings , the property of David Davidson , December the 26th .
WILLIAM PIERCE sworn.
I am servant to David Davidson a pawnbroker ; on the 26th of December, between the hours of four and five in the evening, I saw a blue silk gown which hung upon a hook at the door-post remove, I did not see the hand that took it; I immediately jumped over the compter and to ok the prisoner with the gown upon him, about two paces from the door; he had taken it off the hook; I brought him into the shop, and he begged I would overlook it.
Mr. SMITH sworn.
I am a hot-presser; Mr. Pierce took the prisoner; he had got two or three steps from the door and had the gown in his hand.
I had been down King-street drinking a great deal, I was going into Mr. Davidson's to pawn my coat, the gown was thrown down, I took it up off the threshhold of the door and was going in.
WILLIAM SINGLETON.
199. WILLIAM SINGLETON was indicted for that he in the king's highway, upon John Cartwright , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. a silk handkerchief, value two shillings, a guinea, and seven shillings in money numbered, the property of the said John , January the 1st .
" JOHN CARTWRIGHT being sworn
"deposed, that he was knocked down in
" George's court, near Shoe-lane , between
"eleven and twelve o'clock at night of the
"first of January, and robbed of the things
"mentioned in the indictment, by a man and
"a woman, but that he had not a sufficient
"view of either of their persons to know them
"again."
"HUMPHRY BLADON, a pawnbroker,
"being sworn deposed, that the prisoner
"offered to pawn a watch with him on the
"seventh of January; which answering the
"description in the advertisement of the prosecutor's
"watch, he secured the prisoner and
"took him before Sir John Fielding ; where he
"said he bought the watch a twelvemonth
"ago."
The watch was produced in court and deposed to by the prosecutor.
The prisoner in his defence said he found the watch, but did not call any witnesses.
JOHN CLARK.
Miscellaneous: perverting justice.
200. JOHN CLARK was indicted for feloniously conveying and causing to be conveyed to Martha Collins , then a prisoner in Wood, street Compter , by virtue of a warrant under the hand and seal of the right hon. John Sawbridge , Lord Mayor of the City of London (she the said Martha Collins being charged upon oath with stealing a piece of chintz muslin of the value of 8 l.) certain disguises, viz. a peruke, a coat, a waistcoat, and a pair of breeches, being proper disguises to facilitate the escape of prisoners .
JOHN KIRBY sworn.
I am the keeper of Wood-street, Compter; I charge the prisoner with aiding and assisting Martha Collins in her escape from prison: this is the original commitment (producing it) I received her under this commitment, I saw my
Lord Mayor sign and seal it; (the commitment read.)
ROBERT STEWART sworn.
My father is a smith in Poppin's-court; I was playing in the court, William Stokes called me into Mr. Stokes' house, Clarke the prisoner bid me take a bundle that was there, and go along with William Stokes , who would shew me the way to Wood-street Compter; I went along with him, he took me into the tap-room, there was a woman there to whom I delivered the bundle; I saw a wig in it; I could not see the other things, they were wrapped in a handkerchief.
Prisoner. I did not give him the bundle, he took it.
JOHN STOKES sworn.
The prisoner wanted me to go along with him to the Compter; after these bundles were sent, the boy brought back word, that Mr. Clarke was to go there, and asked me to come with him; I refused at first, but at last he and his master and I went together; we had a pot of beer in the tap-room, we paid for it before we drank it; I said to Clarke and Mr. Stewart, will you go? he said, yes. His master fell into a discourse with an acquaintance that was there for debt; we two came out, and Martha Collins came out after us; I did not see any thing of her till she was on the outside of the gate; she catched hold of Clarke's arm, and they both set off running, and I came home by myself; they were home before me I believe: I did not see any thing of them till afterwards; after that Clarke came over to my house, and said he was going up to Oxford-road to an old lodging of his; I saw no more of him. Stewart came in from the prison about half an hour after.
How was she dressed when she came out? - It was dark, I could not see.
Was she in men's or women's cloaths? - In men's cloaths, as I found afterwards: I took her again and brought her to the prison, she was then in her own cloaths.
ROBERT PATERSON sworn.
I am a constable; upon Christmas day about eight o'clock in the evening, John Stokes came to my house and told me a woman had got out of gaol in men's cloaths; he took me to the woman, I brought her back to the goal; she was in woman's cloaths then.
I did not know of her coming out of prison till she came into Wood-street, when Mr. Stokes said, Run for your life; my master was present when the proposal was made, and went along with us to Wood-street Compter.
Mr. KIRBY. The prisoner did not acknowledge before my Lord Mayor, that the coat, waistcoat, and breeches that she came out of gaol in were his.
PETER STEWART sworn.
I went along with Stokes and Clarke to the Compter; one of the prisoners there knew me, we went down to the tap; while I was sitting there, both of them went out and left me behind; a woman came down and said, the woman is gone out; what woman? said I, she said, the woman went out with your two friends; I came home and asked Stokes where the woman was; he said, she is gone up to Clarke's quarters; we went and took her and delivered her up.
How was she dressed when you saw her in gaol? - In woman's cloaths; I saw her about three quarters of an hour after her escape, she was then dressed in woman's cloaths.
One of the Jury to STOKES. You said Martha Collins came out with you: how did you know that person to be Martha Collins ; - I did not see her face; she lodged at my house; it looked like man's cloaths.
Jury to Mr. KIRBY. How long had you seen the prisoner before you missed her? - We locked her up about seven, she was brought back about nine.
To STOKES. What time did she get out of prison? - Before seven.
The prisoner called four witnesses, who gave her a good character.
JOSEPH HARRIS, THOMAS MINION.
Death > respited
201, 202. JOSEPH HARRIS and THOMAS MINION were indicted for traiterously forging and counterfeiting a piece of money of this realm called a shilling, against the duty of their allegiance, and against the statute .
2d Count. For forging, counterfeiting, and
coining one piece of false, seigned, and counterfeit money and coin, to the likeness and similitude of the current money of this realm, called a shilling, against the duty of their allegiance, and against the statute.
WILLIAM COOPER sworn.
I live in Camden-gardens, Bethnal green ; on the fifteenth of December I went into a garden belonging to Mr. Buckirston, there is a summer-house in the garden that has a fireplace in it; I had seen them go into that summer-house several times before; I observed a very large smoke rising out of the chimney, I thought it an unusual thing, I had seen it several times before. John Vann was walking with me, and suspecting that they were coining, I gave information to Erasmus Gregory ; Gregory and the two men went into the garden, they drove the two prisoners out of the summer-house; Harris made his escape over a fence which is six feet high with iron spikes upon it, I immediately seized him, he got from me; John Vann came immediately to my assistance, and between us we secured Harris; when we had secured him, I broke open the garden-gate with a spade and went into the summer house, there we saw some metal melting on the fire, and several instruments for coining.
Was any body in the summer-house when you went in? - No, there was a large fire and a pot with metal melting upon it, and many implements for coining; in the garden we found a blunderbuss broke asunder in the stock; it was loaded very deep.
ERASMUS GREGORY sworn.
I went to the summer-house; I saw the prisoners there.
Was there any body else? - No: when I got over the back pails into the garden, I peeped through the window and saw them in the summer-house; Minion was sitting by the fireside; Harris had a pair of scissors and some metal in his hand, which he was clipping; then I immediately burst the door open upon them; Harris directly presented a blunderbuss to me, I drew back directly; then he came into the garden, and Minion after him; Minion hit me with a garden rake; we had a fight, he knocked me down with it; then Harris threw away the blunderbuss, and went over the pails; after Harris was gone over the pails, Minion and I had a fight for two or three minutes together, he had a garden rake in his hands; he got away from me and run over the pails, and I after him; and I never lost sight of him till I took him.
Did you take notice what there was in the summer-house? - I did not go into the room.
One of the Jury. You say you saw Harris with an instrument in his hands; a pair of scissors or a pair of shears? - A pair of scissors; he was clipping the metal.
In what form? - In long slips rather more than an inch wide.
Where do you live? - In Whitechapel-road.
What is your employment? - An officer in Whitechapel court.
Are you in any other office? - No other duty but that.
What may that office be? - To arrest people for forty shillings, and under 5 l.
I understand you attend some justice's office besides? - I do not.
Do not you execute warrants sometimes? - No; but if I hear of any coiners, I go after them, if it is fifty miles, to take them.
Then you have an enmity to coiners? - I have suffered a good deal by them myself.
Who gave you information to go after these men? - Mr. Cooper.
Was there any thoroughfare to this summer-house? - None at all; it stands at one corner of a wall; there is a gate forwards and another backwards.
How did you get to the summer-house? - I got over the pails; that was the only way I could go to them that they should not see me.
There was another way to them? - A gate opposite the summer-house and a path: they would have seen me if I had gone that way.
Which window was it you looked into? - The window forward; it was the height of my breast.
Were there two windows or only one to that room? - The door is in the middle, there is a window on each side.
Do these windows front the path of the first gate? - Yes; the windows were open
above, but there was a half blind where Harris was at work, but I could see over that.
That blind was put to prevent people seeing, but it did not prevent them? - No.
Then the blind or window was not above your breast? - It might be a little higher; I looked in for a minute or a minute and half.
Then nobody saw you? - Not till I made a push.
Nobody was upon the watch to see if any one looked in? - No.
Was there a pathway any one might walk in and a gate? - Yes, but it was locked and had iron spikes upon it.
Could they have come back along that path without getting upon the gate? - There are two gates to the summer-house, one before and one behind; the gates were both locked.
How came you to know that the fore gate was locked? - I tried and found it was fastened before I got in the back way.
If that gate had been open you would have gone in that way? - Yes.
And if you had gone in at that gate you would have gone fronting the summer-house? - Yes.
JOHN MAYLAND sworn.
I went to this summer-house on Friday the 15th of December with Gregory; I was on the outside the pails while he went over into the garden; I waited at the back of the summer-house about a minute and a half; he beckoned to me, I went over the pails; when I came to the summer-house, I saw the two prisoners come out; Harris had a blunderbuss; there were six or eight slugs in it; when he came out he said,
"d - n your body," or some such thing,
"if you come near me,
"I will blow your brains out," and he waved it about with his hands; Minion came out after Harris with a rake in his hand; we were in the garden the space of a minute; Harris attempted to jump over the front pails: he hung by some spikes that were there and tore his breeches and his hand; the spikes or long nails were about an inch and half long in the front pails, and Mr. Cooper and John Vann stopt him: Harris threw the blunder buss away in the garden, it broke in the fall; I tied Harris's hands when I came up to him, and searched his pockets, and I found the key of the garden gate; we went into the summer-house; Minion went over the pails at the back of the summer-house, Gregory pursued him; when I went into the summer-house there were this pair of scissors, these pieces of metal were quite warm; this crucible was boiling upon the fire; this good silver was lying by the weights and scales; and this base metal and these counterfeit shillings were there; and in the box there was the flask and the mould, and the lid standing up. (The witness produced the several articles.)
How was the flask? - The flask was open, the bottom board was under it; the top board was lying upon the side of the presses at the foot of the chair.
JOHN CLARKE . sworn.
Counsel for the Crown. Mr. Clarke, explain to the Court and Jury the use of the several things that are here produced.
This is a flask in which any metal is cast, it is just in the state as when, first made; the shillings that now lie upon the sand are good shillings laid for the purpose of making impressions: here is a channel made of sand, and through that the impressions are fed by the metal; the flask casts about fifty shillings at a time.
Does it appear to you that this bad money that is produced was cast in that flask? - First, here is the spray, as the founders call it, what they make the channel from, then here is the exact form in the base metal, which is what remains after those moulds have been filled up; here is a good shilling now lying in the flask, and here is a counterfeit which has been cast from it; there are in this parcel several counterfeit shillings resembling the good shillings in the flask; this is a crucible, there is metal now in it, it appears to be a mixture of silver and copper, by aqua fortis and water, they are purged, and the silver comes upon the surface; the counterfeit shillings want rubbing and filing to clean them, to make them represent shillings; and it appears that these counterfeit shillings have been cut off by scissors; there is sand paper here that is used to fine and clean them: when the moulds are made and the shillings turned out, the flasks are secured together in the screw press, which keeps, them firm, and of an exact thickness.
The prisoners said nothing in their defence. BOTH GUILTY upon the First Count . Death .
WILLIAM JONES.
203. WILLIAM JONES was indicted for stealing a bank note for 10 l. another bank note for 15 l. the property of William Holmden ; the several sums secured upon the said notes being due and unsatisfied to the said William Holmden , December 26th .
WILLIAM HOLMDEN sworn.
I am a breeches-maker at Chatham, in Kent; I came to town the 26th December; a person accosted me in the street, not the prisoner; we went down St. Martin's le Grand together, and went into the Bull and Mouth Inn; he took me to a private room; as he laid his hand on the room door, the waiter said he could not go into that room, there was no fire there; he said he should stay but a little while, and we did not want a fire; we went in and called for a shilling's worth of punch; he placed me against a table, and he sat down by the chimney; we had not sat long before Jones and one Gratrix came into the room, they begged pardon for interrupting us; the man that took me there said, there was room for them and us too; they called for negus; there was a table before me, Gratrix stood before the table, and Jones sat on my left side; Gratrix went out, then Jones told me a Canterbury story, that he was a linen-draper, and came to town on Saturday; that he had paid a large bill to a Mr. Brown; that he had supped the preceding night at the Half Moon Tavern in Cheapside with eighteen gentlemen: after he had told me this story, Gratrix came into the room again: I had bank notes in my pocket to the value of 45 l. I lost four of them; they introduced the thing by cutting of cards.
How did they get the notes from you? - The 10 l. and 15 l. notes, Jones came up to me and griped my thigh in such a terrible manner, that I thought he would twist it off, and they forced the notes out of my hand: after I had been concerned with them at cards two or three times, I thought they were bad men, and wanted to be clear of them; I said I would not be concerned with them; Jones said I had two bank notes in my pocket, and desired me to pull them out, I did; they said I should be concerned again, and made me put them down on the table; Jones took them out of my hand and put them on the table against my consent, and they forced me to cut the cards; as soon as I had cut the cards, Gratrix took up the notes and cards, and ran away with them, and Jones followed him.
What money was laid down besides yours? - They laid down their money.
Were the notes taken from you with your consent or not? - Not the last to the amount of 25 l. were not.
How came you to take them out of your pocket? - I hardly know what I did.
How much money did they get from you in all? - 49 l. 4 s.
Did you part with the last notes by your own consent, or were they taken from you? - After I took them out of my pocket I was all in a flurry, I hardly knew what I did.
Did they take away the notes with your consent or not? - The last two without my consent.
I want to know how it was to be determined by the cutting? - If I cut a higher card than a five, then the party concerned with me was to win, if under five, Gratrix was to win.
Did you draw a higher or a lower card? - A lower.
Did you cut for the 10 l. and 15 l. notes? - Yes; after they were forced down on the table.
Tell us how the notes were forced from you? - By Jones forcing them out of my hands and putting them on the table; I had my hand with the notes in it in my pocket, he persuaded me to pull my hand out, and then he took hold of my hand, and forced them out of it, and put them down on the table, and said,
"D - n you, you shall cut the cards."
Where were the notes when you cut the cards? - On the table; as soon as I cut the cards Gratrix took up the notes and cards, and ran out, and Jones followed him.
How did they get them out of your pocket? - He persuaded and hurried me.
How did he get them out of your hand; did you hold them fast? - I did not hold them so fast as to tear them.
The prisoner was detained to be tried upon another indictment for a fraud.
JOHN MOORE.
204. JOHN MOORE was indicted for forging and counterfeiting the stamp of the Gold-smith's company .
JOHN SCOTT sworn.
I am a pawnbroker; on the 29th of November, between six and seven in the evening, Thomas Trotman brought me a pair of buckles, he asked me eighteen shillings upon them, I put them into the scale and weighed them; they weighed about four ounces; I said they were old-fashioned buckles and only fit to cut to pieces, I could not lend more than sixteen shillings upon them; I looked at the stamp, it appeared very perfect, and by that stamp I thought they were silver; I have been twenty years and upwards in the business, I did not doubt in the least that it was the proper stamp of the company.
HINDER RUSHWORTH sworn.
I am assay-master at Goldsmiths hall; these buckles were brought to me by Mr. Scott, they are brass silvered over, the stamp upon them is like the stamp used at Goldsmiths-hall upon silver buckles; it would deceive any one, I think I should be deceived by it by candlelight.
THOMAS TROTMAN sworn.
The prisoner gave me these buckles to pawn, he said they were silver; I went to Mr. Scott and asked eighteen shillings upon them, he lent me sixteen; when I came out of the shop I gave the prisoner the money; I have pawned five or six pair of the same sort by his directions; I heard him say at the White-hart in Golden-lane, that he had taken a number of pawnbrokers in; he said one night, I must go home to work, for they cannot do without me, and you stay here; when he came back he brought me the buckles, I asked him who put this mark on; he said, sometimes I do, sometimes another man does.
What mark did he allude to? - I took it to be a lion, and thought it was the hall mark; he told me it was a cat.
What did he say he put it there for? - That the pawnbroker might take it for silver.
JOHN TAYLOR sworn.
I keep a public house in Fleet-street: the prisoner used my house about three weeks before this affair happened; I understood he had been offering to pawn a pair of these buckles, and was stopped; Moore came into my house afterwards, and said,
"d - n me, I have
"twigged them; I have worked the pawnbrokers
"up this winter, they have had some scores of
"dozens; the fools did not know a cat from
"a lion:" and he said,
"I am sorry for poor
"Trotman, he knows nothing of it; it was all
"my doing."
Did he say to whom he had given these buckles to pawn? - To Trotman; when I found Trotman was tried for this last sessions, I thought it my duty as an honest man to send for a constable, and charge the prisoner, which I did; he was examined next day before alderman Plumbe.
Did you see this mark upon the buckles? - I did: I should really have thought them a pair of silver buckles, and that it was the hall mark; he said,
"I go of a night, sometimes I flap my
"hat and sometimes cock it; sometimes I wear
"a black neckcloth, sometimes a white one."
Several gentlemen belonging to the Gold-smiths company deposed that the mark would deceive any body.
I am innocent of the affair; I never had any of the buckles, nor never gave any to Trotman.
The prisoner called one witness, who gave him a good character.
JAMES STEWART.
205. JAMES STEWART was indicted for stealing a dead goose, value two shillings , the property of Nicholas Tipper , January 6th .
NICHOLAS TIPPER sworn.
I am a poulterer and live upon Snow-hill : on the 6th of January somebody stopt a boy that had taken a goose out of my shop; I had seen it a short time before in the shop.
GEORGE HARLEY sworn.
I was going down Snow-hill; I saw the prisoner come running out of the prosecutor's shop with the goose in his hand; I stopped him and he let it drop.
I took the goose up in the street.
Tried by the London Jury before Mr. Justice NARES.
THOMAS PAWLEY.
206. THOMAS PAWLEY was indicted for stealing a brass tinder-box, value one shilling, a brass cock, value six-pence, and an iron key, value two-pence , the property of Stephen Snook , January 2d .
ELIZABETH SNOOK sworn.
I am wife of Stephen Snook , my husband keeps a public house , he was out on the 2d of January; I went into the cellar to draw some beer and found the cock out of the butt; it was done up very curiously, and there was no beer spilt; I went into the coal cellar and found the prisoner at the bar there; I sent for an officer and he was searched, and the things mentioned in the indictment were found upon him.
- DREW sworn.
I went into the cellar with the prosecutrix; we found the prisoner concealed in the coal cellar; we took him up stairs and searched him, and found upon him a brass tinder-box, the key of the street door, and the brass cock: they were shewn to Mrs. Snook in the presence of the constable.
Prosecutrix. I am certain these things were my husband's property.
I was very much in liquor; I did not know what I did.
Old Bailey Proceedings supplementary material. Daniel Perreau, Robert Perreau, Lyon Abrahams, Saunders Alexander, George Lee, John Radcliffe, Richard Baker.
Daniel Perreau and Robert Perreau convicted last June sessions; and Lyon Abrahams , Saunders Alexander , George Lee , John Radcliffe , and Richard Baker , convicted last sessions, were executed at Tyburn on Wednesday the 17th of January.
Old Bailey Proceedings punishment summary. Daniel Perreau, Robert Perreau, Lyon Abrahams, Saunders Alexander, George Lee, John Radcliffe, Richard Baker.
Received Sentence of Death, five:
Phillip Randall , William Greenwood , Thomas Williams , Richard Cole , and John Proctor .
Judgment was respited upon Joseph Harris and Thomas Minion .
To be transported for fourteen years, four:
Hannah Saunders , John Moore , Robert Smith , and Sarah Lazarus .
Burnt in the hand and imprisoned six months, seventeen:
Thomas Levington , Sarah Barnard , Thomas Oliver , William Smith , Elizabeth Smith , William Bargo , Elizabeth Robinson , Thomas Newell , Richard Pagett , Thomas Wilson , Robert Cameron , James Jones , Joseph Schimell , Elizabeth Weeks , Charles Marriner , Richard Rhoden , Elizabeth Humphreys .
Whipped, ten:
Susannah Cole , William Thomas , William Cooke , John Clifton , John Fuller , Charles Kent , James Stewart , Thomas Pawley , James Long , and Nicholas Bennon .
The rest of the capital convicts were respited during his Majesty's pleasure.
*** Trials at Law, and arguments of Counsel, accurately taken in Short-hand by JOSEPH GURNEY , writer of these proceedings, of Southampton Buildings, Chancery-lane; who has lately published (printed to bind up with the Sessions Paper) an Account of the Arguments of Counsel; with the Opinions at large of the Judges upon Mrs. RUDD'S CASE - N.B. The above is the only full and accurate Account of the Arguments and the Opinion of the Court that has yet been made public. - Sold by S. BLADON, Pater-noster-Row.
*** Trials at Law, and arguments of Counsel, accurately taken in Short-hand by JOSEPH GURNEY writer of these proceedings, of Southampton Buildings, Chancery-lane; who has lately published (printed to bind up with the Sessions Paper) an Account of the Arguments of Counsel, with the Opinions at large of the Judges upon Mrs. RUDD's CASE. - N. B. The above is the only full and accurate Account of the Arguments and the Opinion of the Court that has yet been made public. - Sold by S. BLADON, Pater-noster-Row.