at the Old Bailey Part 1
is a selection of trials at the Old Bailey during the 17th, and 18th
centuries that had some connection with Barnet.
If you think our Judges are soft with their sentencing you will enjoy the
26th April 1693.
Elin or Crane, alias Sutton alias Cropper,
Crimes: theft : burglary,
Crime Location: Hadley near Barnet
Elinor Crane, alias Sutton alias Cropper Widow, was indicted for breaking
open the House of John Walker Esq; in Hadley near
Barnet, upon the 17th of March last about 12 a clock at night, and
carrying away the goods and money of Susanna Baker (the said Walker's Servant),
viz. six Gold Rings, value 5 l. six Holland Smocks 4l. 10s. six Night royls,
value 3l. three broad pieces of Gold, 10 Guineas, four Five Shilling Pieces
of Gold, and 13l. 10s. in Silver , to which the Prisoner pleaded not Guilty;
but the Evidence for the King did positively Swear, That 5 Persons, two
in Red, two in Blue, and the fifth in an Iron gray colour'd Coat, and lightish
colour'd Periwig, broke into the said House at the time afore said, and
carried away the Goods and Money above mentioned, and particularly in rifling
Baker's Trunk, took out the Smocks and Night royals, and throwing them to
the Person in Grey Cloaths, (whom Baker really supposed to be a Woman) said,
Here Sutton take these, they will serve you, who she swore was the Prisoner
at the Bar; and upon search to apprehend the Prisoner at her House upon
Finchly Common, the said Grey Coat was found in her Bed-Chamber. It was
further Sworn by Two Witnesses, That in February before she was seen upon
the Road in Boots and Mans Cloths, which was not denied by the Prisoner,
and that she went by the Name of Sutton. The Prisoner brought several Witnesses,
among whom one Mr. Jordan said, That he was in her Bed-Chamber before that
time, and all that Night, and that she did not stir out of her Bed till
Morning: Upon which, he was after a severe Reprimand from the Court required
to give an Account of himself. A great many other Witnesses said, They knew
no harm by her; nor, that they knew she ever went by the Name of Sutton;
but the Court asking her why she went in Mans Apparel, the Prisoner replyed,
She went to Wooe a Widow. Upon the whole Matter the Jury brought her in
Verdict: Not Guilty.
Crimes:theft : animal theft,
Defendant's Home: Barnet
Thomas Bishop of Barnet, was Tryed for
stealing Gelding, value 25 l. from Barnaby Tunstall, upon whose Tryal, it
appearing that the Gelding being put out to Grass to the Master of the Prisoner,
he had taken him and sold him to one Dyer a Coach man; but the Prisoner
alledging that he borrowed him of his Mistress to Ride a Journey and Sold
him out of Necessity; and it further appearing the Prosecutor had the Horse
again, and the Prisoner pay'd back the Mony, Verdict:
Not Guilty, he was Acquitted
9th September 1696.
Crime(s): offences against the king : coining,
Crime Location: Harts-horns Inn in Barnet
Mary Budley was Indicted of a Misdemeanor, for unlawfully getting Dyes for
the Coining of False Guinea's . It appeared that she did come to the Harts-horns
Inn in Barnet, and did desire to be
shew'd a Room, and to bring her some drink. Then she shewed them a Note
for the things, and the Hostler went into the Stable, and brought them to
her, and she had him to keep them for her till the morning, which he did.
Then she said she did think they were not for any good use, would throw
them away; and in the morning, pursuing her Journey, she threw them into
a Hedge. Being taken, and carried before a Justice, she did confess where
she threw them. Verdict: Not Guilty ,the Jury acquitted
Crime(s): theft: simple grand larceny,
Defendant's Home: Barnet
Owen Hales, of the Parish of Barnet,
Labourer, was indicted for Feloniously Stealing a Dowlas Shirt, value 18
d. the Goods of Richard Sutton on the 13th day of October last.
But the Evidence not proving the Indictment
Verdict: Not Guilty,the Jury acquitted the Prisoner.
Joseph Clemson, Mary Hughs,
Crime(s): theft: burglary
Defendant's Home: St. Andrew Holbourn
Joseph Clemson and Mary Hughs, of the Parish of St. Andrew Holbourn, were
indicted for breaking the House of Sir James Brooks, on the 28th of November
in the Night time, and stealing thence two Gold Watches, seven Silver Salvers,
and a large quantity of other Plate and Jewels. The Evidence was the Lady's
Woman, who swore, that she wound up her Lady's Watch, hung it up in her
Chamber, and lock'd the Door; and the Screws of the Lock were found to be
taken out, by which means the Door was opened, and the Watches and a Ring
taken away, while Sir Richard and his Lady were asleep; and the Plate was
also stole out of the Butler's Room while he was in Bed. The Noise of the
Robbery being spread, a Gentlemans Coachman went in pursuit of the Prisoners,
and at Kicks-end, near Barnet,
found them in Bed together, and the Watches lying on a Table by them. Clemson
said in his Defence, that Hughs was his Wife, and that she (being a Servant
in Sir Richard's House) brought him the Goods as her own; but she had nothing
to say, only that no Locks were broken.
The Jury found them both guilty of the Felony, but acquitted them of the
Burglary. Punishment : Branding.
7th December 1715.
Henry Howard, alias Powell,
Crime(s): theft with violence: highway robbery,
Crime Location: between Barnet and Kicks-end
Henry Howard, alias Powell, of the Parish of South-Mimms, was indicted for
an assault on the King's Highway, on the Person of Sarah Maddocks, and robbing
her of 2s. 6 s. on the 15th of October last, about 7 a Clock in the Evening.
Mrs. Maddocks depos'd that between Barnet
and Kicks-end the Prisoner met her Sister, and said, How do you do?
Give me your Money; who replied, she had none. D * n ye, says
he, I will have Money, or else I'll shoot you; upon which she offer'd him
some Farthing, which he dash'd out of her Hand, and said, D * n ye, I want
Gold and Silver, and Gold and Silver I will have; and then came to herself
and said, D * n ye, must I wait here all Night? Give me your Money; who
told him she had but half a Crown. Give it me quickly, says he, and put
his Hand into her Pocket, and took the Money. After this they describ'd
the Prisoner to some Labourers, who took him. They were both very positive
in the Man. He denied it upon his Trial, and said he had no Pistol about
him, and but 5 s. in Money, when taken.
Verdict: The Jury found him Guilty. Punishment:
6th September 1716.
Crime(s): theft: simple grand larceny,
Defendant's Home: High Barnet
John Field, of the Parish of High Barnet, was
indicted for feloniously stealing 3 Bottles of Sider, value 16d and other
Goods of little value, the Property of William Nelson, on the 15th of July
last. But the Prosecution appearing trifling and malicious, Verdict:
Not Guilty. The Jury acquitted him.
William Ward, theft: animal theft,
Crime(s): theft: animal theft,
Defendant's Home: Barnet
William Ward, of Barnet,
was indicted for stealing a Ram, value 40 s. the Property of John Charleton,
the 15th of June last. The Prosecutor deposed his Ram was lost out of his
Ground, and the Head and Skin found buried in the Prisoner's Ground, and
a Quarter of the Mutton hid between the Tyling. The Fact being plain,
Verdict: Guilty. Punishment : To be Transported.
Crime(s): theft with violence: highway robbery,
Defendant's Home: Hadley
Crime Location: between Potters Bar and Barnet
Matthew Cheston of Hadley,
was indicted for Assaulting Richard Hadley on the High Way on the 12th of
July last, putting him in fear and taking from him 2 Half Guineas. The Prosecutor
deposed that as he was coming to London in his Coach with Four Horses, his
Wife, Mother and Sister being in the Coach with him. between Potters
Bar and Barnet,
a Man on a Light Grey Horse rode up to the Coach with a Gun, and demanded
their Money, Purses, Rings, Watches, etc. that he gave him two Half Guineas,
and his Mother, Wife and Sister gave him their Purses, that he verily believed
the Prisoner to be the Person, but could not swear it. His Wife, Sister
and Coachman confirm'd his Evidence, but neither of them could swear positively
to the Prisoner. Who called several Evidences to prove that he was in London
at the same time.
Verdict: Not Guilty. The Jury acquitted him.
Crime(s): theft: shoplifting,
Defendant's Home: Barnet
William Moor, of Barnet,
was indicted for privately stealing the Lock of a Pistol, value 5 s. in
the Shop of Thomas Heath, on the 1st of April last. But the Evidence not
being sufficient, Verdict: Not Guilty. The Jury
Crime(s): killing: infanticide,
Crime Location: Green Man at Barnet
Frances Deacon, was indicted on the Coroner's Inquisition, for the murder
of herfemale Bastard Infant, by throwing it into a Pond, where it was drowned,
Mary Jones: Between 9 and 10 in the Morning, I was sent for to Mrs.
Frazier's, in Barnet,
to search the Prisoner. I found she had had a Child, and she own'd it and
that she had drop'd it in a Pond, by the Green-Man at Barnet.
She said, she was an Irish-woman, and was going to her own Country, and
being taken ill by the Pond-side, she could go no farther; but leaning against
the Rails, the Child came from her, and fell into the Pond, and that she
was so weak with an Ague and Fever that she could not call for Help. I saw
the Child, it was a Female, very fair and clear, and without any Marks of
Violence, and, I believe, with proper Help it might have been born alive.
Ann Stiles: Coming by the Pond I saw the Child lying in the Water,
and the Prisoner was at the Pond-side at the same Time, but I was so surprised
that I asked her no Questions.
William Pickersgill: I came by the Pond about 7 in the Morning, just
when the thing was done; the Prisoner told me and others, that she had dropt
her child in. I got a Rake and drew it out, and there was a small Piece
of Hay clenched in its Hand.
Justinian Moss, Surgeon: About 8 in the Morning I saw the Child at
Mrs. Frazier's, it had no Marks of Violence. The Prisoner said, that when
she first came to the Pond she was taken with Labour-Pains, and was taken
with such a Fit that she lost her Senses, and if she had not held by the
Rail, she must have fallen into the Pond herself; at which Time, she said,
the Child dropt from her. It fell down a Slope two Foot deep, and might
be killed by the Fall. She told me, her Husband died in Kent 6 Weeks ago.
Prisoner. Coming by the Pond, very sick and weak, I was taken with
a Fit, and took hold of the Post, and the Child dropt from me. I was going
to my Friends in Ireland, and did not expect to be brought to Bed till a
Fortnight after Michaelmas. My Husband died in Harvest-time at Kings-Down
in Kent, where he was buried.Verdict: Not Guilty.
The Jury acquitted her. Newgate
Crime(s): theft: animal theft,
Crime Location: Whetstone
Thomas Macguire was indicted for stealing a black Gelding value 5 l. the
Property of J Shipwith, Aug. 1.
John Shipwith: I heard from Mr. James at Whetstone,
that my Horse was stole out of his Grounds.
Thomas James: The Horse was put into my Grounds the last of July
at Night; I mist him on the first of August, and heard of him again the
same Morning. Mr. Hare of Barnet
told me that a Man was stopt there for stealing a Horse. I went thither
and found the Prisoner with Mr. Shipwith's Horse. The Prisoner said he found
the Horse in the Road, and was going with him to London-bridge. I told him,
from Whetstone to Barnet was the wrong way to London-bridge.
Thomas Nickson: I put the Horse in the Field over Night, and tied
the Gate with a Halter.
Humphry Buckle, Constable: The Prisoner said he met a Man who desir'd
him to ride the Horse, and said he would soon overtake him.
Richard Nickols: Hearing Somebody cry out stop him, I laid hold of
the Horse's Bridle, and stopt him at my own Door in Barnet,
and ask'd the Prisoner where he was going. He said to London-bridge.
I told him he was going the Road to St. Albans
- Well, says he, a Man lent me the Horse to ride, and I am going
but 2 or 3 Miles farther.
Edward Ward:The Prisoner came riding along by Barnet
Market, he had no Shoes, and the Horse had no Saddle, but only
a Brible, which made me suspect the Horse was stolen; and therefore I ran
after him, the Prisoner began to gallop: I call'd out, Stop him! And he
was stopt by Mr. Nichols. Verdict: Guilty.
Punishment : Death.
John Owen, Thomas Allen, Abraham Addison, Thomas Spicer, John Roberts
Crime(s): theft: animal theft, theft: animal theft,
Defendant's Home: Hadley, Middlesex
John Owen, Thomas Allen, Abraham Addison, Thomas Spicer, and John Roberts,
of Hadley, Middlesex, were indicted
for stealing a Black Gelding, value 5 l. the Goods of William Bickerstaff.
They were a second Time indicted for stealing a Black Stone-Horse, value
25 s. the Property of Cornelius Oakley, Nov. 27.
William Bickerstaff: November 27, between 10 and 2 in the Morning,
I was going Home with my Team, and was loaden with Manure for my Land; Owen
and the rest of the Prisoners came up, and violently unhook'd the Horse
from the rest, saying they would have one of my Horses I lay'd hold of Owen,
and call'd out to the Bellman (who happened to be going his Round) to come
to my Assistance: after he came up, the other Prisoners fell upon me and
beat me with their Fists and with Sticks, because I would not part with
my Horse. Allen, Addison, Spicer, Roberts, and Owen, were all together in
the Fact. I was over-power'd by them, and they had got my Horse away about
forty Pole, but the Bellman prevented their carrying him off; the Pretence
they made, was, that I had got seven Horses, and they swore they would have
John Hobbs: I desired them to tell the Horses, they said they would
not, but swore, that they would have one of them Right or Wrong Owen took
the Horse off, and the rest of the Prisoners assisted, and carried him away
about forty Pole, but Thomas Huntley the Bellman, got us the Horse again.
Thomas Huntley: I was doing my Duty, and hearing a Quarrel, I came
up to see what was the Matter, and I found the Prisoners had got one of
the Man's Horses, and were carrying him away by Force. We had them all before
the Justice, and there they pretended they had an Act of Parliament for
what they had done.
Q. At two o'clock in the Morning they were carrying the Man's Horse
away by Vertue of an Act of Parliament! Do you imagine they would have gone
off with him, if you had not come up?
Another Witness: I was there at the same Time; when I came up they
were all struggling about the Horse. I bid Owen let the Horse alone; he
said, ask no Questions, I will have him, but thro' Assistance, we got him
Owen: We had an Act of Parliament to take Horses, and were encouraged
by a Justice of Peace. We condemn'd a Horse before Justice Exeter, but a
Day or two before.
Canes:There was no more than six Horses, and because I assisted the
Farmer, they beat me till I was all over Blood.
Cornelius Oakley: I lost a Black Stone-Horse the same Morning about
one o'clock; I had six Horses in my Team, and a loose Horse which I rode
upon, but he had a Collar and Chains upon him. Owen got upon his Back, and
said he would knock my Brains out if I would not let him go off. My Neighbour's
Waggon coming by, they took a Horse from him, but as they were overpowered,
I got mine again, but they had led him
quite away. I can swear to all the five Prisoners, there was six of them
in all, one Kimpton was with them, but he is got off.
Canes: I heard the Sticks fly about and I went to assist my Master.
Owen keeps a Publick House, the Sign of the Cock at Prickler's-Hill, between
Barnet and Whetstone.
They are all People that don't love Work.
Another Witness: I drove the Waggon, and swear there were no more
than six Horses in the Team: All the Prisoners were there.
Mr. Justice Smith: I was call'd up early in the Morning some People
who pretended to take Horses from Waggons drawn with seven Horses; several
Neighbours testify'd these were drawn but with six. They had beat the People
very much, and would have sworn the Waggons were drawn with seven Horses;
but as People of Credit had sworn there were but six, I did not think proper
to give them their Oaths, and committed the Prisoners for an Assault.
Q. By what Authority did you do all this?
Owen: By an Act of Parliament.
The Act was read, which enacts, That if any Seizure or Distress is made
on Persons travelling with more than six Horses, the Horse so seiz'd shall
be deliver'd into the Hands of the Constable nearest the Place where such
Seizure is made, safely to be kept till the Person or Persons, who made
such Distress, prove the Offence before a Justice of the Peace, who is empower'd
(on Proof of the Offence) to order the Delivery of the Horse or Horses so
seiz'd, for the Use of the Distrainer.
Bickerstaff: I was going with Manure to my own Grounds.
Oakley: I was loaded with Deals and other Things.
Bickerstaff:Mine was not a hired Waggon, and had no more than six
Canes:It was our Desire that the Horses should be deliver'd to the
Huntley: The Owners of the Horses did desire it, but the Prisoners
were for carrying them away.
Verdict: Not Guilty. All
Crime(s): theft: simple grand larceny, theft: animal theft,
Defendant's Home: Finchley
Joseph Eades, of Finchley, was indicted (with James Edwards, not taken)
for stealing a Horse-whip, val. 5 s. the Goods of George Rotheram, Nov.
George Rotheram: Last Thursday, as I was going to London, with another
Farmer, between Whetstone and Barnet, I was attack'd by two Men. The first
that came up I knew: What, Master Thompson, said he, won't you give me
the Way! then the Prisoner came up, with a Pistol in his Hand, and said,
- What Money you have I will have; so I gave him my Money: You have more,
said he; I told him I had no more, and turn'd my Pockets out: Well, you
have got a Whip, I'll have that. When they had done with me, I went to
the Mitre at Barnet, and sat there an Hour and half; then I was told,
that the Prisoner was taken with the Whip upon him. This is the Whip,
and 'tis mine.
Thomas Miller: One Mr. Palmer was riding Post, and was attack'd near Mimms-Wash,
by two Men. The Post-boy, as he came by, told us Mr. Palmer had been robb'd,
and there the two Men went that had robb'd him. I and my Fellow-servant
assisted in pursuing them; and on Finchley-Common we saw them, overtook
them, and seiz'd them. When I came up to them, the Prisoner pull'd out
a Pistol, and said he would shoot me through the Head: I had a long Gun,
and told him, If I dy'd, he should die. Upon this he put his Pistol up,
and I threw down my Gun, and run in upon the Prisoner, and seiz'd him,
and held him till my Assistants come. This Whip he had in his Hand at
the same Time.
Herbert Palmer:I was present when the Whip was taken upon the Prisoner:
I think it the same. We took a Pistol from him at the same Time.
Rotheram: The Prisoner took my Money first, and then my Whip. I am sure
he is the same Man. It was between Eight and Nine in the Evening: the
Moon shone very bright, and I took particular Notice both of him and his
Prisoner: I never robb'd any body of a Farthing in my Life, and the Whip
I found near Barnet.
A Witness: The Prisoner lived with me (at Times) several Years. I have
intrust'd him with Money, and never found him dishonest.
Another: He has work'd for me several Times, and I have intrusted him
to receive and take Pounds for me; he always used me and my Customers
Another: I know him from a Child; his Father and Mother were very honest
People, and I never heard any thing amiss of him.
Another: I have known him a Dozen Years, and never heard of any Dishonesty
Another: I have known him seven or eight Years: He was my particular Acquaintance.
He serv'd the Bricklayers as a Labourer; I never heard of his being dishonest.
Another: I have known him from his Infancy, and never heard that he ever
behaved dishonestly till now.
Verdict: Guilty. Punishment: Death.
Crime(s): theft: animal theft,
Crime Location: East Barnet
Charles Cole, of St Mary Islington, was indicted for stealing two Lambs,
price 5 s. the Goods of George Sleith, April 2.
George Sleith. I live at East Barnet. I had two small Lambs stole out
of the Church-Yard, the 2 d of April, about eleven or twelve o' clock
at Noon, and did not hear any Thing of them for a Week; when I was informed
that the Evidence, Howel, and the Prisoner, were seen with two Lambs at
Holloway, I pursued them, and found Howel and Cole in Morefields; they
were very remarkable Lambs, and about a Fortnight old.
Mary Smith: I live at Holloway; one Saturday the Prisoner and Howel were
at my House, and they had got two Lambs, one was alive and the other dead.
I asked where they had them, and Howel said at East-Barnet; they were
about a Fortnight old. There came in two Butchers, and asked Howel what
he had got in his Apron, he said two Lambs, and said he to Cole, Where
had you these two Lambs? and he said he bought them at Hitchin.
Francis Howel: The Prisoner desired me to go with him to Mr Sleith's House
at East Barnet, said that Mr Sleith's owed him 38 s. and that he would
come home the next Day; when he was coming home, he said that he would
have something for his Sunday's Dinner; and coming through a Church-Yard,
the Prisoner saw two young Lambs, and took them up, and desired I would
take them from him, which I refused, and he said he would stick his Knife
into me if I did not; so I was obliged to do it.
Verdict: Guilty. Punishment: Transportation
Martin M'Lone, William Bruce,
Crime(s): theft with violence: highway robbery,
Crime Location: St. Albans - Barnet
Martin M'Lone and William Bruce were indicted for assaulting Thomas Smith
on the Highway, and taking from him a Peruke, a Silk Handkerchief and
8 s. 10 d. in Money.
Q. (to Thomas Smith.) What are you?
Smith: I am a Post-Boy at the Green-Man at Barnet. On the 23th of May,
in Whitson Week, as I was coming from St. Albans to Barnet, between the
12 and 13 Mile Stone, in my Way down the Hill, several Men were walking
in the Road before, I took them for Travellers; when I overtook them one
came on one Side of the Chaise, two on the other, and two before the Horses
Heads. The Prisoner at the Bar was in a blue Coat with white Buttons and
Button-Holes, and had Freckles in his Face. Bruce came to me and said,
d * n you don't look at me, let me have your Money; I said, Gentlemen
I will, don't use me ill, I am but a poor Post-Boy. They haul'd me out
of the Chaise, and seeing the Irish Mail, said they would not meddle with
that; but they took my Wig and Handkerchief.
Smith: They rifled my Pockets, and said, let us take his Breeches.
Q. What did they do then?
Smith: They took 8 s. 10 d. from me. I saw a Gentleman coming towards
Barnet, and immediately three or four of them went off to meet him, and
several Blows pass'd. They all ran off from me but one of them.
Q. How far was the Gentleman from you?
Smith: About twenty Yards.
Q. Did you know the Gentleman?
Smith: Yes, he keeps the Cock Inn at Oney, his Name is Knight. While they
had him down one of them came to me and said, G * d d * n you go along;
another damn'd me and said I should not go: So I said, Gentlemen, you
need not be afraid of me, I won't betray you; with that they said, go
along, my Lad, as fast as you can; so I drove up the Hill as hard as ever
Q. Where was the Gentleman all this while?
Smith: Upon his Back, they knock'd him down. When I came to the Top of
the Hill I met a Waggon, or Cart, and said, Master, for God's sake don't
go down, there are Thieves at the Bottom of the Hill, you will certainly
be robb'd. When I came to the Crown I saw a Light; I jump'd out of my
Chaise and went into the House. They ask'd who was there. I said, Gentlemen,
pray go down, I believe there is a Gentleman murder'd at the Bottom of
Q. Where was this?
Smith: At the Crown at Kicks-End; one John Nickerson and two Soldiers
were there, I believe they all went; I did not stay to go with them, but
made the best of my way home.
Q. (to the Prisoner.) Will you ask this Boy any Questions?
Prisoner: Please you, my Lord, I have no Questions to ask him?
Q. (to John Toby Reynolds.) What do you know of this Affair?
Reynolds: My Lord, I know nothing of the Felony, only some Circumstances
while the Men were in Custody. I live at Barnet.
Q. Where did you find them?
Reynolds: My Lord, they were in the Cage, these two and four more. They
seem'd to be Irishmen. My Lord, we examin'd their Pockets, and found several
Letters directed to Persons in London, recommending them to Business,
and a Horn which had a small Quantity of Powder; after we had done that,
the Post-Boy came into the Cage. I said to the Boy, be careful what you
do, look among them and see if any of these Men have robb'd you; then
the Boy went directly into the Middle of them as they were in the Cage,
and said to Bruce, the Prisoner, you are the Man: Says Bruce, I did not
rob you. The Boy said, you did not rob me, but you are the Man that presented
the Pistol, and you are the Man that bid me not look in your Face.
Q. What did he say to that?
Reynolds: I don't remember, my Lord, what Answer he made.
Q. (to Thomas Nichols) Was you one of those that pursu'd the Prisoner?
Nichols: Please you my Lord, I was at the Crown at Kicks-End when the
Boy came in, and said he was robb'd by seven Irishmen, and that they were
murdering a Gentleman; and these Men we took upon Suspicion.
Court: After this you pursu'd, Did you?
Nichols: Yes, my Lord, we went thither and pursu'd them; I was after four
by myself; and when they saw me, they d - d me, saying, There is but one,
shoot him: But when another Person came up they ran away, and we pursu'd
and took them all.
Q. Do you know the Prisoner?
Nichols: They were both together when we took them.
Q. Where were they when you took them?
Nichols: In the Bottom by Kicks-End.
Q.What became of the other four?
Nichols: We brought them all before the Justice, but because no one appear'd
against them, he releas'd them
Q. When you took them, then what did they say?
Nichols: Some said they were come from Ireland, and wanted Work.
Q. Where did you carry them?
Nichols: We carried them to the Crown that Night, and they were carried
afterwards before Justice Hassel.
Q. Do you know any Thing farther?
Nichols: No, my Lord.
Q. (to Asbury) Was you one of the Pursuers; do you know any Thing more
than Mr. Nichols says; do you remember the two Prisoners?
Asbury: I kick'd up Martin M Lone's Heels in the Field; when we went down
there were five of us together: I said to my Partner, let us go overagainst
the Waggon, left they should see us.
Q. Are you sure that Mc Lone was the Man you trip'd up?
Asbury: Yes, my Lord.
Q. What do you say of the other Man?
Asbury: These two were taken with the six.
Q. (to Bruce) Now is the Time to make your Defence; the Post-Boy charges
you with the Robbery.
Prisoner: Please your Honour I came out of Ireland to look for Work, I
was fearce of Money, and was returning Home; I lay at the Upper End of
Barnet; I would have paid for Lodging, but they said I was an Irishman
and they would not let me have any. We were very cold when the Day-light
came; as we were cold we said to one another, we had better be going to
Coventry, to get what would carry us Home.
Verdict: M'Lone Acquitted.
Verdict: Bruce Guilty. Punishment: Death.
2nd May 1753.
Crime(s): sexual offences: bigamy, sexual offences: bigamy,
Crime Location: Barnet
Thomas Yates was indicted for marrying Elizabeth Harman. spinster, Oct.
5, 1752, after which, to wit, on the 17th of November following he married
Rebecca Griffiths, his former wife being then living and in full health.
James Reynolds: I knew the prisoner two or three days before he was married
at Mr. Keith's Chapel in May-Fair to Elizabeth Harman ; it was last Summer,
I don't know the day of the month, but believe it was in October: there
was none by but the minister, she, I, and the man who gave her away, whom
I did not know, and the Clerk, I was an acquaintance of Mrs. Harman's,
who was a very laborious woman, and used to take in washing.
Q. Were they married according to the ceremony of the Church of England?
Reynolds: They were, I heard it read over to them.
Rebecca Griffiths: I was married to the prisoner at the bar the 11th of
November last, at the Fleet. after which he took away all my cloaths,
and left me destitute without any thing in the world.
Q. What was you before?
Griffiths: I was a servant before.
Q. Were any body present at this wedding?
Griffiths: There were Jane Evans and Ann Allen present.
Q. Who married you?
Griffiths: I can't tell that, he was in a parson's habit.
Q. Is his former wife now living?
Griffiths: I believe she is, I saw her about three weeks or a month ago.
Jane Evans: I was at Rebecca Griffiths's marriage with the prisoner, at
the Fleet, in a publick-house: I had known the prisoner but about four
or five days before: after the wedding the prisoner came to my apartment
in Cursiter street, Chancery-lane, for that night, and lay in the house,
but not in my room; he was there with her five days from the Saturday
on which he was married, 'till the Thursday following. I have not seen
him since till now.
Ann Allen: I was at this wedding, and heard the ceremony perform'd, it
was in Turnagain-lane, at the Fleet; but I left them at the door.
The prisoner had nothing to say.
Verdict: Guilty.Punishment: Branding.
He was indicted a second time, for marrying Elizabeth Harman , and
afterwards for marrying Mary Butler , widow, his former wife E. Harman
being then living .
James Reynolds, deposed as before on the other trial.
Mary Butler:I was married to the prisoner the first of February last,
(he went by the name of Thomas Yates) at Barnet church, by the banes being
published three times in two churches.
Elizabeth Griffiths: I was before my lord-mayor the 19th of March last,
and Elizabeth Harman was there then alive.
The prisoner had nothing to say.
Verdict: Guilty.Punishment: Branding.
7th June 1753.
Anne Ellis, Sarah Ellis,
Crime(s): theft: specified place, theft: receiving stolen goods,
Crime Location: Bricklayer's Arms in Whitechapel road
Anne Ellis , spinster, and Sarah Ellis widow, were indicted, the first
for stealing 14 guineas, the money of William Hudson in his dwelling house
; and the other for receiving the same well knowing it to have been stolen
, May 4 +
William Hudson: I keep the Bricklayer's Arms in Whitechapel road, and
hired Anne Ellis as a servant May 9. On the 14th she went up to clean
the rooms, and came down in about six minutes after, and desired my wife
to let her go to a neighbour's necessary, there being people in our yard,
she went and in about ten minutes after my wife went up stairs and found
a drawer broke open and some guineas missing (she is sick at home and
can't attend) she came down and told me, so I ran to the house where her
mother lodged, and was informed my servant had been there but was gone.
Six or 7 of us went in pursuit of her next day, but could not find her;
a neighbour accidentally seeing her getting into the Barnet stage coach
came and let me know, so I, and an evidence, took horses, pursued her,
and near Whetstone took her and her mother out of the coach, carried,
them to Barnet, and tax'd her with stealing my money; she directly owned
that she had forced open the drawer with an old key, and took out 14 guineas.
I can safely say there were 17 missing; she had left six behind in the
drawer. I search'd her, and found six guineas in gold and 10 s. 6 d. in
silver upon her. The old woman said to me, she would have had her daughter
brought me the money the night before They had bought themselves cloaths
with part of the money, being now both very tight, but were very ragged
before. I asked them where they were going, and they said into Bedfordshire
to the mother's sister's.
Q. Was any thing found upon the old woman?
Hudson: There were 7 s. found upon her, which the girt said was part of
my money. The old woman pulled it out, and said, it is all I have got,
it is what my daughter gave me.
John Collier: I went along with Mr. Hudson in pursuit of the prisoners.
We overtook them about, 3 miles on this side, Barnet. I ask'd the daughter,
how she could be so base to rob her master of 17 or 18 guineas. She said,
she believ'd it was not so much, it was but 14. We took her to Barnet
before justice Haswell, where she said she found a key in her mistress's
under drawer, with which she forc'd open the drawer in which was the money,
and took 14 guineas, and that the devil put it into her head. The old
woman said she knew nothing at all of the matter, till such time she was
going to take coach to go out of town. She deliver'd 7 s. to the officer,
and said it was money her daughter had given her.
Prosecutor: The officer that lives at Barnet has got the cloaths which
they had bought with part of the money, but he is not here.
Anne Ellis's Defence: I did not break the lock, it was left open, and
I took the money. My mother did not know any thing of it. As to the 7
s. found upon her it was her own property.
Sarah Ellis's Defence: I know nothing of it.
Anne Ellis: Verdict: Guilty.Punishment: Death.
Sarah Ellis: Verdict: Not Guilty.Acquitted.
Ann Tinsley, Catherine Bullock,
Crime Location: East Barnet
Ann Tinsley , and Catherine Bullock , spinsters, were indicted for stealing
one pair of linen sheets, three pillow cases, two napkins, 3 linen table
cloths, one linen dresser cloth, one yard of linen cloth, three shirts,
two shifts, two linen aprons, two pair of stays, one neck handkerchief,
one linen handkerchief, one cotton handkerchief, one camblet gown, two
pair of hose, one chip hat, twelve clouts, one child's frock , the goods
of John Knight , Oct. 26. +
Sarah Knight: I live at East Barnet. On the 26th of Oct. I lost two pair
of stockings, twelve clouts, four table-cloths, two handkerchiefs, three
shirts, two shifts, two pair of stays, two aprons, one dresser cloth,
one cloth cloak, one child's frock, and more things than I can remember.
Q. Where did you loose them?
S. Knight:They were taken out of a chest of drawers in an upper room in
John Knight. I am the prosecutor, I miss'd the things, and went after
the prisoners and took them in Shoe-lane, Oct. 26. I set out between five
and six in the morning after them.
Q. How came you to suspect the prisoners?
J. Knight: My wife brought Ann Tinsley up from a child. She had been gone
away from us, but was come again; we suspecting it must be some body that
knew our house, and she being missing I pursued her towards London. I
heard of them first at Whetstone turnpike, then upon Finchley common,
then near Pancras church, and at last found the prisoners together in
Shoe-lane, in the street, with a great quantity of the things upon them.
Court: Name the things.
J. Knight:Two pair of stays, one gown, twelve clouts, three shirts, two
shifts, they had them in two bundles, each had a bundle; I charg'd a Constable
with them, and had them brought before my Lord mayor, and he committed
them. They having the two pair of stays on, were by his orders taken off.
Thomas English:The prosecutor told me his house was robb'd, and ask'd
me to go along with him in pursuit, I went, and we found the two prisoners
in Shoe-lane, with most of the things upon them; they were taken before
my Lord mayor and committed.
Q. Where are the things?
English:They are at East Barnet, all but the two pair of stays which they
George Needham: I am a constable, and have the two pair of stays that
were taken from off the two prisoners, and a chip hat; (produced in court,
and deposed to by the prosecutor's wife.)
Tinsley's defence: I know nothing at all of them.
Bullock's defence: No more don't I.
They call'd no witnesses to their characters.
Verdict: Both Guilty. Punishment: Transportation
27th February 1754
Elizabeth Finsley, .
Crime(s): theft: simple grand larceny,
Crime Location: Barnet
Elizabeth Finsley, spinster, was indicted for stealing six linnen aprons,
value 2 s. the goods of Edward Shepherd. Feb. 1. +
Elizabeth Shepherd: About two months ago I lost six linnen check aprons
from off a hedge at Barnet, it was just by my window. I missed them about
three in the afternoon, but saw nobody take them away. The Prisoner lives
next door: she being a loose sort of a person we looked for her, and took
her in a barn at Finchley. She owned she took the aprons from off the
hedge and had hid them; we went to the place she mentioned in a field
just by, but could not find them.
Q.Whose aprons were these?
Shepherd: They were mine.
The indictment was laid the goods of Edward Shepherd. Verdict:
Not Guilty. The Prisoner was acquitted, fault in the indictment.
17th July 1754.
Crime(s): theft: simple grand larceny,
Crime Location: Barnet
Thomas Hobbs was indicted for stealing 25 shillings, the money of William
Hutton, June 15.*
William Hutton: I am Ostler at the Green-Man at Barnet; the prisoner used
to help in the stables, and ride post: I missed 35 s. out of my room where
I lie, out of my breeches pocket, when I went to put them on, on the 15th
of June. I taxed the prisoner with it, and he owned it, and about 17 or
18 shillings were found upon him, which he said was part of my money.
Richard Doubleday: I was by when the prisoner owned he took this money,
the property of the prosecutor, and said he was very sorry for it.
Prisoner's defence: I was fuddled, and don't know what I did.
Verdict: Guilty. Punishment: Transportation.
4th December 1754
Henry Mansel, .
Crime(s): killing: murder,
Crime Location: Barnet
Henry Mansel was indicted for the wilful murder of Isaac Emmerton, Nov.
Edward Tufnel: I live at Barnet in South-mims Parish; on the 6th of November,
a little after four in the afternoon, I had been in the fields to fetch
up master Peter Davis's cows at the waggon and horses; I heard a noise
in the house; I went in, there was the prisoner (he is a soldier) and
Mr. Emerton; there had been some quarrel between them, the prisoner was
in a great passion, swearing and tearing about.
Q. Were any body there besides they too?
E. Tufnel: I did not see any body else but they.
Q. Did you see the beginning of the quarrel?
E. Tufnel: I did not.
Q. In what room were they?
E. Tufnel: In the kitchen.
Q. Who was the soldier taking about?
E. Tufnel: He was quarrelling with Mr. Emmerton.
Q. Do you remember any of the words he made use of?
E. Tufnel: I cannot say that.
Q. What did you see him do?
E. Tufnel: He threw his coat about the house, and said, he did not mind
this or that man.
Q. Was he in his shirt?
E. Tufnel: He was in his waistcoat, and I desired him to be quite.
Q. Was he sober?
E. Tufnel: He was a little concerned in liquor. I desired him to go to
bed; he went up stairs, I thought he had been gone to bed, then I went
out into the yard to put the cows up as usual, Emmerton was in the kitchen
all the time.
Q. What did Emmerton say when the other was in his waistcoat?
E. Tufnel:. He desired him to be quiet and go to bed, and said, he thought
that was the properest place.
Q.. Did you return into the house again, and how soon?
E. Tufnel: I did, I came in again after a very small trifle of time; I
had only put the cows in the stail and given them a bit of hay, and was
coming into the house for the maid to come out to milk. She said, for
God's sake go after the soldier, for he has got his sword, and came running
to me. I went through the house after him, he was just entering at the
gate after Mr. Emmerton, and Mr. Emmerton was just within the gate, going
to shut it to save himself.
Q. Describe the yard, and how it lies from the house.
E. Tufnel: Emmerton had gone out at the door into the street, and from
thence through a gate into the yard; the soldier, when I saw him, was
in the street, at the yard gate, he burst the gate open before Emmerton
had time to shut it close; he rushed in and stabbed him with a bayonet,
and left it in his breast, He made his escape into the street, then to
the house, and into his chamber, and wrapped himself up in the bed-cloaths;
I called out for help, and we went and took him.
Q. Who was in the house when you went thro' it?
E. Tufnel:. There were nobody in it then.
Prisoner. There is ne'er a man knows any thing of the matter but him,
and he has said a deal that is false; there were four men in the kitchen,
besides the deceased, drinking with me; ask him if he knows them.
E. Tufnel: to the Question. I saw none but they two.
Prisoner: The other four men all made off; I do not know who they were;
I was at my quarters, and beat in a desperate manner before I took my
Q. Were there any angry words made use of by Emmerton?
E. Tufnel: I don't remember any.
Q.. Did you see any blows pass?
E. Tufnel: No, I did not; Emmerton had received some, but I did not see
Q. Was the prisoner bloody or bruised?
E. Tufnel: I cannot tell that.
Q. Did Emmerton appear to have been beat when you went first into the
E. Tufnel: His face appeared all over blood then.
Q. Whence did the blood seem to proceed from?
E. Tufnel:His nose had been bleeding.
Q. Did the prisoner appear to be bloody?
E. Tufnel: I did not see that he was at all.
Q. If his face had been bloody could you have seen it?
E. Tufnel: I could.
Q. Did he seem to have been beat?
E. Tufnel: No, he did not.
Prisoner: He did not see the beginning of it.
Juslin Duburgy Jones: I am landlord at the Ship and Dragon, and am a close
neighbour to this house, the Waggon and Horses; I heard a noise like quarrelling
in it on Wednesday the 6th of November, betwixt four and five in the evening.
I walked up to the door, and heard more voices than one.
Q. How many do you think you heard?
J. D. Jones: I reckon I heard three. I went into the kitchen, there was
one Peter Purton, a Wheeler, he was holding his hand to his eye, and said,
the soldier had given him a black eye. Mr. Emmerton had got the soldier
by the collar shaking him, and said, Sirrah, you rascal, you don't ought
to strike them that don't trouble their heads with you, and he put him
back into a chair at the side of a table. He said, you ought to be put
in the stocks you rascal, for meddling with them that don't meddle with
you, and disturbing people in your quarters; and he gave him a twitch
by the collar, and said, Go to bed, you villain, and the soldier fell
on his face to the ground. This twitch, I imagine, was with an intent
to make the soldier go to bed; the prisoner got up again, and they shoved
him partly up stairs, and I thought every thing was quiet. My house is
about twenty yards from Mr. Davis's house; when I got to my own door,
I turned my head and saw Mr. Emmerton come running out of the house along
the street, and ran towards me to go in at my next neighbour's door, he
could not get in, he turned back again to run into the yard, and went
to go in at the gate; in a moment, before he could get in, I saw the soldier
with this bayonet naked in his hand, run out of Peter Davis 's house (
producing one ) he was in pursuit of Mr. Emmerton; Mr. Emmerton had just
got in at the gate; he came to thrust the gate against the soldier (but
I did not see the fatal blow) he being on the inside of the gate, the
soldier ran short back again after the mischief was done; I cried out,
knock him down, knock him down; he ran into the house again, and up stairs
in a moment's time, and covered himself with the blankets; the evidence
Tufnel struck at him but did not hurt him. Mr. Emmerton came bursting
out at the gate, and this bayonet stuck in his right breast, I believe
seven inches and a half, and down he fell before me; please to observe
by the blood on it, it may be seen how far it was in the body, I went
to help him up, and pulled the bayonet out, but he never had time to say,
Lord have mercy upon me. I believe it pricked him to the heart.
Q. How many people did you see in company with the soldier when you heard
the quarrelling first?
J. D. Jones: I saw none but Mr. Purton and Mr. Emmerton with him.
Prisoner's defence: I was going into the country upon command, with three
deserters; there was a serjeant, a corporal, and nine of us. My quarters
were at the Waggon and Horses at Barnet, there was nobody when I came
there first but the maid; after I had been there about two hours we had
our dinner; then my comrade and I went to the Green Man, and had a pint
of beer each; there was a corporal, two men, and the deserters. After
having drank three pots of beer there, I returned home to my quarters,
and my comrade went to the horse-races. I called for a pint of beer, there
were three more men besides; Mr. Emmerton and they said, I might come
into their company, if I would spend my pint with them. After that we
had a dram or two of gin, and I drank a little more than did me good;
then there was a spute who should pay the reckoning. Then I said, I would
pay as much as they. One of them d * d me, and said, you are like the
rest of the blackguard soldiers. The landlord said, pay your reckoning,
that is the best way, to have no more about it. I paid four-pence; one
of them stept up to me, and said, you scoundrel, that is not enough, and
knocked me down; I got up and hit him again; then another struck me; then
I lay down, and in a minute or two they came at me, and beat me in a terrible
manner. I lay down on the stairs, and took hold of my bayonet; he struck
me once or twice, and so did the rest; I was beat so, that I was perfectly
senseless; I hardly knew what I did , or whether I stood on my head or
heels. They went to take the bayonet from me, and they tore the scabbard
all to pieces. Then I went up to bed, and pulled all my cloaths off but
my shirt and stockings, and covered myself in the bed. I had never seen
the men in my life before; but they were great villains.
Q. to Jones. Did you make any observation whether the prisoner appeared
to be bruised, beat, or bloody?
J. D. Jones: Mr. Emmerton was bloody and he too; but I saw no blows struck.
Q. Where were they bloody?
J. D. Jones:They were bloody in the face both; it appeared to me as if
there had been some blows between them.
Q. What did Emmerton say to you when you went in?
J. D. Jones:. He said the soldier had struck him.
Q. Did you hear him say he had struck the prisoner?
J. D. Jones: No; neither can I say whether Purton had struck the prisoner
or not; the prisoner ran after the deceased with such vengeance, with
the bayonet in his hand, that though there was a coachman just by, and
a man coming with a pail of water, neither had power to stop him.
Verdict: Guilty. Punishment: Death.
This being on Friday, he received sentence immediately, to be executed
on the Monday following.
16th January 1755.
Edward Merril, otherwise Deleraunt,
Crime(s): theft with violence: highway robbery,
Crime Location: London Barnet
Edward Merril, otherwise Deleraunt, was indicted, for that he on the king's
highway, on Collin Smith, Esq; did make an assault, putting him in corporal
fear and danger of his life, and taking from his person one metal watch,
value 3 l. one pair of silver shoe-buckles, value 12 s. one guinea and
seven shillings in money, numbered, his property, Dec. 9. +
Collin Smith: On the 9th of December, between five and six in the evening,
I was going from London to Barnet; about a quarter of a mile on the other
side Whetstone turnpike I was overtaken by a man in a dark brown coat,
on a pretty large black horse; he presented a pistol, and bid me stop,
and deliver my watch and money, which I accordingly did; my watch was
a metal one; I delivered him a guinea, and about seven or eight shillings,
and a pair of silver shoe-buckles which I had in my pocket. I requested
him to return me a seal which was on my watch, which he did. I told him
I was going a long journey, and desired he would give me two or three
shillings to bear my expences. It was dark, I can't punctually swear to
the prisoner; but I believe him to be the man.
Q. from prisoner. Had I any thing about my head or face?
Prosecutor: I think not.
Q. Why do you suspect the prisoner?
Prosecutor:. He was taken the next day, with the watch and buckles upon
Benjamin Hobson. On Tuesday the 10th of December, about eleven in the
morning, I being overseer in our parish of Epping, the prisoner's horse
was shoeing at a blacksmith's shop; he was suspected to be a highwayman.
A person came and told me; I went and viewed him. He was in very mean
apparel, and had a watch, which was thought to be gold. I got the constable
and apprehended him; and in searching him, I found a pistol in his pocket,
(produced in court) it was not loaded. This watch I found also (produced
in court, and deposed to by the prosecutor.) I found in his pocket these
pair of silver shoe-buckles, (producing them.)
Prosecutor: I lost exactly such a pair the evening before; I believe them
to be mine; but as there may be others of the same pattern, I will not
swear to them.
B. Hobson: The prisoner's horse was a black gelding, about fifteen hands
high, with two white feet behind. There was about seventeen shillings
in silver, and some halfpence found upon him. I asked him if he had ever
a friend that could come to his character? he said he had lived to bury
all his relations, and had not a friend in the world.
Q. How was he dressed.
B. Hobson: He had a brown great-under that a flannel waistcoat, which
he had bought of a salesman in Epping for three shillings that morning.
Richard Archer: I am the constable; Mr. Hobson came to me, and said there
was a man at the blacksmith's shop, which he suspected to be a highwayman,
and charged me to go along with him, and bid me clap him on the back,
and say he was my prisoner. I then charged him to assist me. I went and
secured the prisoner. We led him to the sign of the cock, and in searching
him found this pistol, watch, and buckles, a paper of powder, seventeen
shillings and six-pence in silver, and six-pence in halfpence, and a ticket
with which he had come through the turnpike at Epping. He had nothing
to say for himself.
Prisoner's defence: I bought the watch of a Jew for five guineas, on board
the Lively man of war, five years ago; and the buckles about three years
ago; but I can't find the person I bought them of.
To his character.
Edward France: I have known the prisoner ever since he was a day old;
his father and mother kept the Turk's-head in Soho-square; I never heard
any thing bad of his character; he had a good education; I think he was
sent to sea about two or three years ago; his father is dead, but his
mother, brother and sister are alive.
Robert Pratt: I have known him ever since he was a child; I never heard
any thing dishonourable or dishonest of him.
Anne Pratt: I am wife to the last witness; the prisoner was born in my
house; I have known him over since. The prisoner was fitted out by his
mother to go to sea about two months ago; but did not go. I never heard
any thing dishonest of him before this.
Q. to prosecutor, By what do you know this watch to be yours?
Prosecutor: The maker's name is Dudd; I can't tell the number. I also
know it by the ribband being cut, to take the seal off, which was returned
me; also by the gilding being rub'd off the back of the case, and the
bottom to the spring that opens it was bruised.
Verdict: Guilty. Punishment: Death.
Upon Mr. Hobson's demanding the horse the prisoner rode, the act of the
4th and 5th of William III. was ordered to be read, wherein it appears
the captor's being intitled to the horse, arms, money, and furniture,
taken on the robber, except the same be feloniously taken before the robbery.
By this statute, any person who lends or lets any horse to any highwayman,
forfeits the same upon conviction.
15th May 1755.
Richard Griffith, Elisabeth Griffith,
Crime(s): theft: animal theft, theft: receiving stolen goods,
Crime Location: Hadley
Richard Griffith was indicted for stealing one weather-sheep, value 20
s , the property of Henry Worster , April, 24, and Elisabeth Griffith
, his mother, for receiving the same, well knowing it to have been stolen
Henry Worster: On the 24th of April last I missed a weather sheep out
of my fold in Endfield parish at a place called Hadley; the prisoner was
taken up on the 25th, and the body and skin of a weather sheep were found
in a chest in his mother's possession, she is the other prisoner; he was
carried before justice Caesar at Barnet, there he owned he stole the sheep
out of my ground, and he owned it at several other places.
John Lock:I am a constable; the prisoner Richard Griffith was delivered
into my care; I heard him confess he stole the sheep.
Q. Where did he own this?
Lock: Both at my house and before the justice.
William Walker: I live at Hadley, the gentlemen of the parish had turned
the woman at the bar out of doors, she living in a town-house; there was
a person wanted to search a chest of hers, as it stood out at the door,
for a gun that he had lost, and in searching found the carcase of a sheep,
the skin and the Intrails of the sheep wrapped up in the skin, all in
the chest, (the skin produced in court and deposed to by the prosecutor,
as the skin of his weather-sheep he missed on the 24th of April).
Walker: I had the care of the prisoner; I heard him own he stole the sheep.
William Romboult: On Friday the 25th of April I was ordered to look for
a gun in the woman's chest, there we found the mutton, the guts, and every
thing, in the skin.
Q. How long had the chest been put out of the house the woman laid in?
Romboult:. It had been put an hour and half.
Q. to Walker. How long had the chest been put out of the house before
the carcase and skin were found in it?
Walker: About an hour and half.
Richard Griffith's defence. I was in liquor and did not know what I said,
I might not say I stole it for what I know.
Q. to Lock. Was the prisoner in liquor when he confessed it?
Lock: I believe he was not then, for he drank but very little beer.
Elisabeth Griffith's defence. I was not at home when the things were put
out at the door; I never saw the mutton with my eyes.
Richard: Verdict: Guilty. Punishment: Death.
Elisabeth: Verdict: Acquitted.
10th September 1755.
Crime(s): breaking the peace: assault,
Crime Location: Finchley Common
Jonathan Wigmore was indicted for that he a certain pistol loaded with
gunpowder and a leaden bullet, did wilfully and maliciously shoot off
at Duncan Robertson, May 7. +
Duncan Robertson: On the 7th of May last, I went out from London with
the York coach. I was sitting on the box with the coachman, going over
Finchley - Common. There came a man on a bright bay horse, with a small
swish tail ; he had on a fustian frock, with a pair of greasy breeches,
and his face covered with a black mask, a slouch'd hat, and a black peruke.
Q. Did he overtake or meet you?
Robertson: He overtook the coach, and rode up to the coachman on the off-side,
and immediately, with a great oath, ordered him to stop, or he'd blow
his brains out. The ladies in the coach seeing him pass the window, with
a pistol in his hand, and a mask on his face, said one to the other there
comes a collector, get your money ready.
Q. How many passengers were there in the coach?
Robertson: There were five gentlewomen, and a gentleman of about 50 years
of age. The coach stopped. He immediately order'd the ladies to pull down
the coach windows, or he'd blow their brains out. One of the gentlewomen
said, have a little patience, and we'll give you our money directly. He,
with a great oath, said, my business is haste. There was a servant belonging
to capt. Paterson asleep in the basket. The robber thought he had got
fire-arms about him, and said to him, if you don't come out I'll blow
your brains out. I had a pistol in my pocket, being quite new; I took
it out; he did not then perceive me; I could not fire it off; I return'd
it near my eye to see whether I had got my finger on the guard or the
trigger; then he perceived me. Upon seeing it, he said, you rascal come
down, or I'll blow your brains out. He rode round the coach, fearing he
should shoot the coachman. I said to the coachman, for God's sake get
down; which he did. The robber rode round the coach, and swore he'd blow
my brains out; and I ordered the robber, as he came round, to fire at
Q. Why did you order him to fire?
Robertson: I thought I should have the better chance to fire last. He
would not fire. Immediately I fired at him; and he directly fired at the
same time. I did say I hit him; but I can't be certain; I suppose I did.
His ball went thro' the right shoulder of my coat and waistcoat, and just
graz'd, my shoulder. (He shew'd the hole in his coat, having it on.) Immediately
I jump'd from the box, on the near side; and he jump'd his horse over
the ditch by the road-side, and turned his horse's head about towards
the coach again; I ran round the horses, and attack'd him on the other
side, and pull'd out my other pistol; I talk'd much to him; he did not
say much; then he shot at me a second time; his ball went just by my body,
as I was between him and the coach, and swore he should not rob the coach.
That ball graz'd under the coach wheel. Then I said I am your master now;
you have got no more powder and ball.
Q. How near was he at that time to you?
Robertson: He was about ten yards from the coach, and I was between that
and him. Immediately he pull'd out a third pistol, and shot at me a third
time. That ball fell into a little puddle of water, and, thanks to God,
did not hit me. Then immediately he rode off, and I call'd him many names
as he rode. Then I got up on the coach-box, and we went on; and I can
give no farther account.
Q. Did you know the man that fired at you?
Robertson: I can't say the prisoner is the man; for I did not see his
Thomas Cogdel: There came a gentleman riding after the prisoner, and call'd,
Q. Where was this?
Cogdel: This was at East Barnet. I followed the prisoner to Enfield-Chase.
I went up to him, and bid him throw his pistols away; he said, he would
not. I bid him throw them away three or four times; at last he said, young
man come and take them. I was going up to him; he said, young man stop
before you come any further; I did; then he said, will you not hurt me?
I said, no; then I was going up to him; he said, stop before you come
any further; and added, will you not let any of the others hurt me? I
said they should not if I could help it; then he said, come and take them;
which I did; there were three of them. (Produced in court, three horse
pistols.) We took him to Barnet, to the justice's, and from thence to
the Sign of the Swan; there he lay all night.
Q. . from the prisoner. What time of the day did you take me?
Cogdel: This was in the forenoon; I can't justly tell the time.
James Lockey: On the 7th of May I was, among others in pursuit of the
prisoner from, East Barnet to Enfield-Chase, where we took him.
Q. About what time did you take him?
Lockey: I believe it was about eight in the morning. We carried him to
High Barnet, before the justice. I did not see him examined there, being
obliged to go and get my cloaths I had pulled off in the pursuit. Then
I returned, and went to the prisoner at the Swan; there I saw his thigh
cut in order to take out a ball.
Q. What ball?
Lockey: I shot him before he would be taken, in the pursuit. I saw Mr.
Robertson before justice Fielding, and saw him shew the hole in his coat,
where he said the highwayman shot him.
James Swale: On the 7th of May, about six in the morning, I was at work
just by where the York coach was stopp'd on Finchley - Common. I heard
a gun go off, and somewhat of a noise with it. I stepped about a yard
or two, and look'd over some pales, and saw a man attacking the coach.
I heard Mr. Roberson say to the man on horseback, sirrah, you rogue, you
villain, you want to rob the coach, and you shall not. You are a highwayman,
a thief. I saw Robertson fire once, and the prisoner two times.
Q. How do you know it was the prisoner?
Swale: The man that was taken was on the same horse, and I saw him upon
Q. Did you observe whether the man's face was cover'd?
Swale: I could not; I believe I was 200 yards from him.
Q. Which way did he make off?
Swale: He rode towards Brown's-Wells-Hill, coming towards London.
Q. Describe the horse he rode upon, and his cloaths.
Swale: It was a bright bay lame horse, and he seemed to be in a darkish
sort of a frock, with a hat not cock'd up, and a black wig. I went to
my master, and call'd out, there is a man will rob, or has robb'd the
Q. Did you ever see him after that?
Swale: I did in about a quarter of an hour, upon Finchley - Common, making
up to a wood.
Q. Are you sure that man was the man that had left the coach?
Swale: I am sure he was the same. He went into the wood, and so did I.
There were so many people about it, that he was obliged to forsake it,
and I met him again on the side of the wood, the same man, and the same
horse; then he made away for East Barnet and Enfield-Chase. I could not
run so fast as he rode. Two men on horseback began to follow him from
the man hanging in chains on Finchley-Common , and I and the two witnesses
that have been examined followed so far as Coney-hatch , and then went
back again to my work.
Q. How near was you to the man when he came round the wood?
Swale: I was not 200 yards from him; I once was within 50 yards of him.
Q. Who were the persons that followed the man?
Swale: One is William Taylor, the other John Newil; I could see them;
he kept galloping, and they after him.
William Taylor: I was facing the man hanging in chains on Finchley - Common,
and was shew'd the prisoner, and pursued him to the place where he was
taken. There were a great many people round the wood; the man was described
to me that had stopped the coach in another sort of a dress than the prisoner
had on. He had on a loose brown great-coat, and a whitish wig; he was
on a bayish sort of a horse.
Q. to Swale. Had the man you saw a great-coat on?
Swale: No; he had not when he left the coach; but when he came out of
the wood he had a light loose great-coat on, and a light wig.
Q. How do you know that this was the same man you saw before?
Swale: It was the same horse, and the same size of a man, as nigh as I
Q. Did you ever see the man's face?
Swale:. I did, when he went from the wood; he had no mask on then.
Q. Had you ever seen him before that day?
Swale: No; I never did to my knowledge.
Q. How old are you?
Swale: I am in the 74th year of my age.
Q. By what do you know the horse?
Swale: The horse had a little swish or wisk tail; a bay horse, and lame;
the same that the man rode who attacked the coach.
Taylor continues. I pursued the prisoner from that place to the place
where he was taken. His horse broke his leg at East Barnet, and we took
him on Enfield-Chase. We carried him before a justice at Barnet; after
that he was carried to the Swan at Barnet, and had his wound dressed.
Q. In what part was he wounded?
Taylor: He was wounded through the hand, and into the thigh.
John Newil: On the 7th of May I got up about six in the morning; I was
told there was a highwayman in the wood; the man was described to me;
I got my horse, and went.
Q. How was the man described?
Newil: To have a lightish sort of a coat on, and a horse with a swish
tail. I went into the wood, but could see nothing of him. After I had
been there some time, out came the prisoner. I was within sixty yards
of him; he was dressed in a loose horseman's coat; he had the frock underneath
it, as was described to me, as I imagined, and a grey wig on. I said to
William Taylor, that must be the man; we will follow him; he turned about,
and took out a pistol and swore if we followed him he'd blow our brains
out. Then we turned back a little way, and followed him again, and went
on to a place called Coney-hatch, then through a large wood; and as he
was riding up a hill at East Barnet, his horse broke his leg short in
two. I rode and catched hold of his horse, and he jump'd off, and ran
down a lane; I rode down after him; I was near him when he was taken.
In the whole I believe I was six or seven miles after him; sometimes within
an hundred yards of him, and sometimes less.
George Gardner: I was at work upon the Common that day, and was told a
man had been firing at a coach. I was hewing of timber, and did not hear
it. I saw his horse went lame. We pursued, and could track him by a bar-shoe.
I also saw the prisoner's horse after he was dead, and he had a bar-shoe
Kinga Brebrook: I saw the man attack the coach, and fire when he left
it. I followed him to the wood.
Q. How was he dressed when he attacked the coach?
Brebrook: I don't know. He was upon a bright bay horse, with a sort of
a swish tail. When I lost sight of him I track'd him by a bar-shoe the
horse had. When he came out of the wood again I was standing at the place
where he went in.
Q. How long did he stay in the wood?
Brebrook: He came out I believe in about half an hour. I was in the path-way.
I saw his face. He drew out one of his pistols, and carried it in his
left-hand. I got out of the path to let him go by.
Q. Was it the same man that you had seen before?
Brebrook: I can't say it was the same man, but it was the same horse that
went into the wood. I followed him as far as Coney-hatch, but was not
present when he was taken.
Prisoner's defence: They have got another witness to call, that the coachman
that drove the coach, and the constable.
Court: Then you may call him, if you please
Prisoner: Call John Pooley; he will tell the court the horse the man rode
had a cut tail.
John Pooley: I drove the York stage when it was stopp'd, as has been mentioned.
Court: Describe the horse the man rode on.
Pooley: He was on a brown bay horse, with a swish tail.
Richard Doubleday: I am a constable. Some time after the prisoner was
committed we had an affair to settle with the overseers of Enfield parish.
As my brother constable and I went there, while we were going along, I
said we will call and see Jonathan's horse. We call'd at the sign of the
Cat; the horse was in the stable there; he was a bayish gelding, with
a black mane and tail, and to the best of my remembrance a cut tail.
Q. Did you look at his shoes?
Doubleday: No; I did not.
Q. Do you know how long the tail had been cut?
Doubleday: I don't.
Q. Was you acquainted with the circumstance of the bar-shoe then?
Doubleday: No; I was not.
Humphry Buckle: My brother constable and I going towards Enfield, we called
at East Barnet on purpose to take the marks and colour of the horse.
Q. When was this?
Buckle: This was about seven days after the prisoner was taken.
Q. Was it before the horse was kill'd?
Buckle: It was. I saw him; it was a bay horse, with a cut black tail.
Q. Are you sure it was cut?
Buckle: I suppose it was cut.
Q. Was it or was it not cut?
Buckle: It was, but not that day.
Q. How do you know that?
Buckle: I know that; it had been cut some time before.
Q. How long before?
Buckle: Some time.
Q. Had it been cut a week?
Buckle: Above a week, or a fortnight, or a month either. Here has been
many people examined here that don't know a horse from a cow, except by
the horns. I get my bread by buying and selling horses.
Q. Where do you live?
Buckle: I keep a public house; my character is fairish.
Q. Did you examine about the bar shoe?
Buckle: I know nothing of that.
James Lockey: This can't be true. We killed the horse in three days after
the prisoner was taken.
Prisoner: That man shot me in the hand, and in the thigh, both at one
The prosecutor looked at the three pistols. I will swear these are the
three pistols that were shot off at me.
Thomas Palmer: I have known the prisoner five or six years; he once kept
a publick house in Fleet-lane.
Q. What is his general character?
Palmer: He has so good a character, that was he out now, I would lend
him a hundred pounds. I never thought him capable of doing such an act
as he is charged with.
William Megers: I have known him ten or twelve years; he has a very good
character as ever I heard a man have in my life. I never heard anything
bad of him. He has dealt with me for many a pound. He lived in Fleet-lane.
I used to look upon him as a man of substance.
Q. What are you?
Megers: I am a butcher.
Mr. Porter: I have known him about nine years; he was a very good neighbour,
and bore the character of an honest man; I don't believe he would be guilty
of shooting at a man; neither will any of my neighbours.
Thomas Rawlinson: I have known him nine or ten years; he always bore a
very good character as ever I heard in my life. I looked upon him to be
a man of substance.
Thomas Holding: I have known him about five years; he bears a very good
character. I have earned many a pound of him; I don't think him guilty
of this fact.
Q. Did you know him when he kept a public house?
Holding: No; he has not kept a public house this five years.
Q. What business has he followed within these five years?
Holding: I can't say what business he follow'd this last five years; he
is a very honest man.
Q. to Palmer. What became of the prisoner when he left the alehouse?
Palmer: When he left the alehouse he married a widow, and she and her
mother lived together. They had an estate, and lived on their substance.
Since that, he used the Bull-and-Gatter in Fleet-market.
Q. What was that estate per year?
Palmer: I have heard it was about 40 l. per year. I know he sold some
Q. Did you ever hear he was employed in any other way?
Palmer: No; I never heard what else he was employed in?
Q. to Holding. In what business have you earn'd many a pound of the prisoner?
Holding: I earned 20 l. of him in my way.
Q. In what?
Holding: In scouring cloaths for him.
Cornelius Molear: I have known him about four years last past; he lived
Q. Had he a house there?
Molear: He was a lodger, I believe. I was pretty frequently in his company.
I look'd upon him to be a man of a good character.
Verdict: Guilty. Punishment: Death.
Crime(s): theft: game law offences,
William Hart was indicted for that he unlawfully and willfully did hunt,
wound, kill, destroy, and carry away two fallow deer, the property of
Ann. countess dowager of Albemarle, in a place inclosed with pales, where
deer are usually kept. July 3. ||
Joseph Marlbrough: I live at the sign of the Harrow, by lady Albemarle's
park side, and am tenant to her ladyship.
Q. Who is in possession of the park at this time?
Marlbrough: My lady, and the present lord Albemarle.
Q. Is the park fenced in?
Marlbrough: It is all round with pales and posts as other parks are. There
are ladder stiles, and gates upon them, and there is a park-keeper on
purpose to look after the deer. My late lord bought it about 22 years
ago; it then was a farm, and he made it a park to keep deer and hares
Q. What have you to say against, the prisoner at the bar?
Marlbrough: On Sunday was sen'night, about five in the afternoon, the
prisoner and Thomas Cole came to my house and called for a pot of beer,
and after that another, which they paid for, and staid about half an hour.
After they went away, I thought by their scouting and leering about in
the road, on the backside of people's house, and in the fields, that the
park would be robbed that night. In the morning, about two o'clock, I
got up to go a mowing; and going up the park, I saw a place where there
had been a great deal of trampling about, and I smelt something like blood,
and saw something on the ground which I ran my hand into, and found it
was blood. Then I went to the ladder-stile near it, and found blood on
both sides the ladder; and I also found blood upon the wall, about the
quantity of three pints. This is a wall to keep the deer from going into
the pleasure gardens. I looked over the wall and saw a paunch lying. I
then went on the other side of the ladder-stile, and found a place where
another buck had been stain, another paunch lying there.
Q. What place was this in?
Marlbrough: It was in the garden. I went down the path towards Barnet,
where I traced blood on both sides of the stile that goes that way. I
back to the keeper, and told him what I saw. He came with me with a gun,
and we followed the track of the blood out of the park and across two
fields. Then he said, I'll turn back and acquaint the Steward. I said,
I'd find out the deer if I could. I went into the third field, wherein
there were beans, amongst which I found a large white buck lying across
the land, covered with the beans, and a little farther I found another
buck tied up in a sack. Then I was afraid to stay, so came back and told
the keeper what I had found. He came and saw them, and gave me his gun,
desiring me to lie under a hedge, and take the person or persons that
came if I could. The gun was loaded with pistol balls, and powder. The
keeper went away to London to the steward, and came back to me again.
I thought it not proper he should go quite up to the deer, fearing it
should put the persons by from coming. He went home again, and in about
twenty minutes after the prisoner at the bar came over the stile from
Barnet way, ran directly to the first buck, and turning himself round
drop'd on all fours, in the same manner as a Hawk drops upon a bird, and
as quick; he turn'd it, and took it into the furrow.
Q. How near was you to him?
Marlbrough: I was about thirty yards from him, or something better.
Q. How far did the deer lie from the path way?
Marlbrough: About twenty-five yards.
Q. How far is the stile from the place where the deer lay?
Marlbrough: About forty or fifty yards, I believe.
Q. What time of the day was this?
Marlbrough: It was about five in the afternoon. I had lain there all that
time, there had not a christian gone by but I saw them. I jump'd over
the hedge, and went up to him. I said to him, Friend design, I insist
upon your life, or your body dead or alive, for you are my prisoner; he
ran five or six poles on his hands and knees. I told him, I had rather
he'd design than to shoot him. I knew his life was better-than a burying.
He had a great stick in his hand. He designed so far as to walk before
me up to my house. We walked into the park, where he sat down at the root
of a tree, and said, I'll go no farther, you may shoot me if you please;
if I have done any thing, shoot me. I hallow'd out for help, and then
he took his walk back-towards Barnet. I kept about fourteen yards from
him, fearing his stick. When he saw other people coming after him with
guns and other weapons; he ran, and I ran and kept distance with him till
we came upon the top of Barnet Common, where he cry'd out murder, and
several people came out to assist him. I desir'd them to help me, and
said I'd shoot the first man that assisted him, and said he was my prisoner.
Then he fell into a ditch, and would not design then. There were some
people that I feared would strive to save his life, and take away mine.
There was a man on horse back that was on my part. I gave him my gun.
The prisoner with his stick, and said he'd beat my brains out. I ran up
to him, and flung him down. Then he said sixteen of you shall not bind
me, I want only two good fellows. I found all the mob round for taking
his part. I got his stick away, and then he was going to fight me with
his hands. I took him into an alehouse and bound him, and then carried
him to my lady house, and from thence to mine, and kept him there all
morning. There was neither constable or a justice to be got in Barnet
at that time. We brought him in a cart to justice Fielding's, and he committed
Q. What did he say before the justice ?
Marlbrough: He made himself very innocent; he would not know any thing
about it. He said he did not know me or my house, nor the way to my house
Q. Where does the park-keeper live?
Marlbrough:. His name is Mr. Yakesly; he lives in my lady's house.
Q. Does my lady live there now?
Marlbrough: It is two summers ago since my lady has been there. The steward
is there may be twice a week.
Q. Who pays the workmen and servants there?
Marlbrough: The steward pays me, but whether it is my lady's or my lord
Bury's money I know not; it was never my business to enquire into that.
Q. How long did she live there after my lord was dead?
Marlbrough: I can't be particular. I know they kill a great deal of venison,
some for their own use, and some to make presents of. There was also another
buck found with his back and jaw broke; it was the second best buck in
Mr. Ellis: I am the officer that had the prisoner in custody, and carried
him to justice Fielding. He was delivered into my hands between seven
and eight o'clock on Monday was se'nnight at night, and I was with him
at the other evidence's house all night; he would not own any thing.
Q. Where do you live ?
Ellis:At South Mints.(mimms?)
Prisoner's Defence: The other man that was with me, named Thomas Cole
, desired I would go with him to such a place. I was very much against
it, and said it was a very unfair and unjust thing. He insisted upon my
going along with him; so with a great deal of persuasion I went. He lives
at Whetstone, and I at Barnet. He turn'd the dogs into the park, and they
killed these deer. I would have had him to have left them there.
Verdict: Guilty. Punishment: Death.
7th December 1763.
Crime(s): theft : animal theft,
John Edinburgh was indicted for stealing a brown gelding, value 8 l. the
property of Elizabeth Yates , widow. Nov. 1 *
Jonathan Cook: Mrs. Yates lives at Hadley, by Barnet; I am her son-in-law.
We turned a brown horse out upon the common, on the 28th of Oct. and we
miss'd him about 8 the next morning.
Q. Describe the Gelding.
Cook: He has a white spot on the saddle-mark, about as big as a half crown,
on the off side. I went about the country, and not finding him, I advertised
him on the 1st of Nov. On the same day, I was told there was some reason
to suspect the prisoner; he came down that very day fortnight I lost the
Q. Did you know the prisoner before?
Cook: I did. He had lived with Mr. Thomas Seers, at Barnet; I saw him
at the sign of the Harrow, and asked him where he lived now? he said,
in Kent, and that he was just come out of Northamptonshire, and we knew
that he was in London all the week before. I got a warrant and took him
up, and on talking to him, he told us where the horse was sold in Kent,
at a place called Chipset at the Cock, within 2 miles of Seven-oaks: he
did not know the man's name. I went down, and upon enquiring, found that
the man that bought the horse, was come up to London with him. I found
the horse in a field by Kent-street road, in the possession of Mr. Lutham:
this was a fortnight and 3 days after we had lost him. I told Mr. Lutham
it was my horse: he said if it was, I might have him. The prisoner after
that, told us, he drove the horse up against our field gate, and catched
him, and sold him to that man between seven and eight in the evening.
This was in my hearing, before Justice Hassel.
Q. How long might the prisoner live with Mr. Seers at Barnet?
Cook:. Five or six years, I believe.
Q. What was Mr. Seers?
Cook:. He was a distiller.
Q. Do you know where he went to live afterwards?
Cook: I believe he went to live with captain Seers, Mr. Seers's brother.
Q. Were there any promises made the prisoner in order to this confession?
Cook: No, none at all.
Philip Davis: I live at Hadley; I took a ride with Mr. Cook to Chipset,
we found the horse by Kent-street road.
Q. Whose horse is it?
Davis: It is the property of Mrs. Yates, a Baker at Hadley.
John Lutham: I set out from the Borough to go to Chipset, on Friday the
28th of October, at 5 in the morning, with another person. The prisoner
kept us company all the way. We lay at a place called Lock's-bottom; there
I bought this gelding of the prisoner; it was the horse he rode on.
Q. How far is that place from London?
Lutham: It is about 12 miles and a half from London; the prisoner said
he was going to Tunbridge. He said the horse cost him five guineas, that
he bought him to go a smuggling with, but he was going into place again,
and was willing to sell him.
Q. . What did you give for him?
Lutham: He ask'd 5 guineas; at last we agreed for 2 guineas and a half,
and paid for him at the Cock at Chipset: the same horse Mr. Cook came
and own'd in the field by Kent-street road. After I paid for the horse,
the prisoner gave me this receipt; he said his name was Williams; he could
not write, but made his mark by that name.
Q. What is your business?
Lutham: I buy and sell apples.
Q. Did you know the prisoner before?
Lutham: I never saw him before to my knowledge?
Q. Is he the same man you bought the horse of, are you certain? ( The
prisoner is a black.)
Lutham: I believe him to be the same man; I know I bought him of a blackamoor.
Prisoner's Defence. I do not know any thing of it.
To his Character.
Samuel Seers , Esq: I have known the prisoner about 12 years; he was servant
to my brother about six years, or rather better, at Barnet; he left my
brother's service about five years ago, and came to me; he lived with
me about six months, till I went abroad, and I left him behind. I always
had an extreme good character of him, as a very honest fellow: my brother
recommended him to me as such, and I found him so; he was trusted at my
brother's with horses and things, and with me with every thing I had.
My going abroad in the government's service, was the cause of my leaving
him; I recommended him to Mr. Danser, a surgeon, at Barnet; this was in
the latter end of the year 58. Mr. Danser gives him an extream good character,
and would have attended here if possible he could, but as the trial was
very uncertain coming on, he could not.
Q. How long have you been returned to England?
S. Seers: I have been in England about eight months; the prisoner came
to me about 10 days before he was taken up, and told me he was out of
service; I told him I would take care and get him a place. Was he at liberty,
I really would take him into my service now.
Miss Hannah Seers: I have known him about 12 years; he lived with my father
six years; he was a very honest, faithful servant: his character has been
very good since; I never heard to the contrary till now.
Q. Where do you live?
Miss H. Seers: I live at Barnet.
Q. Have you seen the prisoner lately?
Miss H. Seers: I have heard of him frequently within this last 12 months.
Miss H. Seers:I have known him as long as my sister; we have frequently
heard of him, that his master liked him exceedingly well. Gentlemen all
round about give him an exceeding good character; I could hardly think
a man of so good a character could be guilty of such a thing.
Verdict: Guilty. Punishment: Death.
Crime(s): killing : murder,
Crime Location: Hadley
Joseph Ward was indicted for the wilful murder of William Langford , by
striking and stabbing him with a knife ; he also stood charged on the
Coroner's inquest for the said murder, Dec. 29. *
Edward Harman: I was with William Langford on the 29th of December, drinking
at the Windmill and Crown, upon Hadley-green, near Barnet; about nine
at night we were going home; we called in at the Two Sawyers, near the
White-lion, Kitt's-end; they told us we had had beer enough, and would
draw us none; we went out, and was got but a little way, I heard Ward
say behind us, how they walk; we were upon the causeway; he said, he would
clear the road; he came and threw Langford off against the pales in a
ditch on the right hand side, and me out into the road on the left hand,
and ran away; I ran after him and knocked up his heels; he got up and
ran away again; we ran and overtook him; I was the first; we had some
words and some blows, whether I struck him first, or he me, I cannot tell;
I know I threw him down, and I think I kicked up his heels again; presently
I found myself cut on my left hand, and was stabbed in two places in my
body on my left side; this was at the back of the White Lion; I lost a
great deal of blood; I thought Langford had been gone; soon after I heard
him call murder; then I found he was lying on the ground; there was a
horse-keeper named Jennings came up, and took me by my left hand; he finding
me bloody, he said, he was afraid there would be murder, here is blood;
then I ran away, and went to where I lodged, there I found Langford, my
landlord had washed him; he lay along with me that night, as he could
not get home; he never complained in the night; he could not get up all
day; we examined him, and found he was cut in his bowels, there were some
of them out, and he had a cut under his eye; it was done on the Tuesday
night, and he died on the Thursday morning; the prisoner was an utter
stranger to me, and there was not a word passed between us before he pushed
us off the causeway.
James Carol: I did live at the White Lion; I called in at the Two Sawyers,
the deceased and this evidence called in for beer, the woman would not
let them have any; they turned out; after that the prisoner who was there,
asked me if I would go home; I came out along with him, he and I were
both along side each other; the deceased and Harman were one a little
before the other, between the Two Sawyers and the White Lion upon the
causeway; the deceased was behind Harman; Ward said to me, see how he
walks; then he ran on before me, and pushed them both off the causeway;
Langford sell against the pales, and Harman on the other side; then he
ran away, and Harman recovered and ran after him; he overtook him, and
kicked up his heels; I ran down the White Lion yard to call my fellow-servants;
as I was going in at the gate Ward ran by it, and the other two after
him; my fellow-servants came out; we went after them, they were got behind
the house, they were all three fighting; Jennings laid hold of one of
Harman's hands and pulled him away; he found his wrist cut, and he was
bloody; he said, he would have no hand with them, and left them there
together; (the prisoner lived at the White Lion.)
Anne Couch: I am servant at the White Lion; I heard the cry of murder
between 10 and 11 o'clock that night; I went out into the road, there
were two men fighting, and one lay down; Ward was one of the men fighting;
I saw him shut up his knife, and put it into his pocket; I immediately
called out, and said, there will be murder done; then he went to fighting
with the man again; they both tumbled together; the other was lying on
the ground all the time; one of my fellow-servants took hold of the men's
hands, and said, do not fight two against one; I got some blood on my
face, and a spot on my cap; Ward called to his fellow-servants and said,
will you not help me, or will you let these two men kill me; that was
just before Jennings took hold of the man's hand.
Benjamin Jennings: I live at the White Lion; I was told there were two
men fighting with Ward; I and James Carol went out; they were then all
three standing up pulling one another about; I laid hold of Harman's hand,
and found it was cut; I said to Carol, here will be murder, or other mischief;
we left them all three standing; I saw nobody down; the next morning Ward
came through my room when he got up; he came to me with a candle and lanthorn
in his hand, as I was in bed, and said, I will go and see whether he is
there or not, or whether he is dead, I do not know which; he said, if
he is, I will throw him into the pond, or put him under the ice, I cannot
John Sandford: I am bailiff to General Keppel , I live at Kitt's-end;
the deceased came to my house about 10 o'clock on the 29th of December,
and asked for Edward Harman ; I said, he was not come in; he begged I
would let him either sit or lie down, he was much hurt; he seemed very
much disabled; I put him in a chair, he was in a very bloody condition;
he said it was some horse-keeper, or hostler at the White Lion that had
hurt him; I took some water and washed his face; he seemed very much hurt
about about his eye, his hands were very bloody; he said he was very cold,
and shook, and desired to be by the fire; I led him to the fire, and put
him in a corner; he seemed to bleed about the eye very much; after that
Harman came in, and they both went to bed together; the next morning I
got up about seven; he complained very much of his head, and said he thought
he should die; he seemed in a very languishing condition till about seven
the next morning, when he died.
William Wilson: I am a surgeon, and live at Barnet; I examined the body
of the deceased on the first of January; I first examined a wound within
two inches of the navel, on the abdomen, I think that did not immediately
occasion his death; the other wound was upon his left eye, I think that
occasioned his death, it was near an inch in depth; according to the appearance
of them, I think the wounds were given by a knife.
Verdict: Guilty of manslaughter only. Punishment:
Branding, imprisonment: Newgate.
9th January 1772.
Crime(s): theft : simple grand larceny,
Crime Location: between Barnet and Whetstone
JOHN MILLARD was indicted for stealing thirty-two yards of woollen cloth,
value 10 l. twelve yards of scarlet serge, value 40 s. and six yards of
crimson serge, value 40 s. the property of William Bailey . Nov. 26.
William Bailey : I am the Bedford carrier. I lost the cloth mentioned
in the indictment out of my waggon on the 26th of November, between Barnet
and Whetstone. It was a truss, and came from Jones and Co. No. 11, facing
the Mansion-house, directed to Richard Swinston , at Bedford. I saw it
put into the waggon in London.
John William Stonehouse: I am warehouseman to Jones, Habbard and Burd.
I measured the cloth, and delivered it to the porter to be pack'd up and
carried; there was sixteen yards and three quarters, and seventeen yards
of nap cloth, a mix'd lightish colour. There was fifteen of crimson, and
fourteen and three quarters of scarlet serge. This I delivered to Paul
the porter, to be carried to the White-hart, St. John's-street. I saw
it afterwards at Justice Girdler's; the two pieces of nap cloth were exactly
the same measure; I am certain it was the same cloth. There were two pieces
cut up the middle; I put the seal of the house upon one of them. The serge
was deficient, only six yards and a half one piece, and six and three
quarters of the other, was remaining. It was as near that quantity as
I can recollect. It was entered on the 25th, and delivered to the carrier
on the 26th.
William Paul: I am porter to Jones and Co. I carried the parcel out of
the house; I can't be certain whether it was delivered to me to pack.
I carried it to the inn to the Bedford carrier. I saw them book it, and
put it into the waggon.
John Ambridge: I drove the Bedford waggon the 26th of November. I had
a truss of cloth in the waggon, directed to Richard Swinston ; it was
lost out of the waggon between Whetstone and Barnet; I missed it before
I got to the bottom of Barnet hill; I had seen it on the other side of
Q. Had you staid behind the waggon?
Ambridge: No, I never was away from the waggon all the way; there were
no passengers in the waggon; I walked with the horses.
Q. Did you see any body about the waggon?
Q. Did you see the prisoner thereabouts?
Ambridge: No; it was between six and seven o'clock at night; it was dark;
we set out between two and three. There were some empty flatts that we
put butter in lay at the top of the waggon; I was afraid they would shake
out, so I went to look after them beyond Whetstone; then I saw the truss
Q. Was the truss pretty heavy?
Ambridge: It weighed something above half a hundred weight. A man at the
bottom of Barnet hill came and asked me if I had not lost something; then
I missed it. He said he saw somebody go away from behind the waggon with
it that he then thought belonged to the waggon.
John Dowler: I am a brass-founder, and live on Saffron-hill. I went to
the Three-Pigeons in Turnmill-street for a pint of beer, on the 26th of
November. The prisoner came in there, and asked me to carry a parcel up
stairs to one Joseph Fuller , that was an acquaintance of his. The people
of the house did not chuse to let the prisoner go up. I carried it up;
it was a piece of crimson serge tied up in a silk handkerchief. When I
came down again, he asked me if it was safe; I said, the man said it was.
Then he bid me go up and fetch him the outside handkerchief, and bid me
tell the man he wanted him. I brought down the handkerchief, and Puller
came down and spoke to him. Some words arose between the prisoner and
another man in the house, and they went out. When I went to get my breakfast
the next morning, the landlady asked me if I knew what I had done in carrying
up that bundle. I said, no. She said she believed it was stolen. They
stopt the things. I delivered the serge to Mr. Laws the constable.
Henry Stocks: I keep the Three-Pigeons. The prisoner came into my house
on the 26th of November, and asked for Puller. He was in liquor, so I
desired they would not call Puller down. I found the piece of crimson
serge under the bolster. The prisoner came for it next night, and we stopt
him, and took him before Justice Girdler. He said there that he bought
it of a man in Aldersgate-street.
(The serge produced.)
Stonehouse: This is the same quality and colour as that which was lost.
William Laughar: I went to Mr. Stocks's house, and brought the serge down.
The prisoner was below; I asked him who owned it; he said it was his,
and if any body had more right to it, let them have it. I took him into
custody on Thursday the 28th. I went to him, along with one Wenmore, to
Clerkenwell Bridewell: I asked him where he bought it; he said he had
sent a letter to the party he bought it of, and he would be with us in
an hour or two. I waited four hours, no body came; so I advertised it
the next day in the Daily Advertiser. The next day the prisoner said he
had it of a man in Aldersgate-street that he never saw before; I apprehend
he meant that he bought it of a man in the street.
Prisoner. I cannot tell what I said then, I was in liquor: he said he
would make the cloth pay for it before he left the Old Bailey.
Laughar. I did not say so; I gave him share of a pint of beer now and
then, and a bit of bread and cheese, out of humanity.
Edward Prebble: I keep the White-horse, Chiswell-street, Moorfields. The
prisoner and another man came into my house with two pieces of cloth,
on (I think) the 27th of November, about twelve at noon; they had some
in a sack, and a piece under their arms. After they had been about an
hour, they asked if we could lodge him. I said he might lodge in the garret,
and put the things in my bed-chamber. I thought he had brought them out
of the country to sell. He went away, and I heard no more of him till
Saturday, when the other man came to me, and told me, a spiteful person
had put him in prison on suspicion of stealing the cloth, and asked me
to let him have it. I would not. He said he was going down to be examined
again, and asked me if I would go. I went, and told the justice of the
other things. I saw it measured at the justice's; I think one of the two
pieces was light cloth; one 17 yards and upwards, the other 16 yards,
and one I believe about 12 yards of serge. I believe this to be the same.
John Pinmore: I am a constable of the parish of St. James's, Clerkenwell.
I went along with the prisoner before the justice. I went first to Bridewell
to the prisoner; he said the man he bought it of in Aldersgate-street
would be with us in about an hour. Mr. Prebble acquainted the justice,
that he had a large quantity of cloth left at his house.
(The remainder of the cloth produced.)
Stonehouse: Here is a number on this cloth. The seal and number was put
on by myself. I am certain this is the cloth I sent to the waggon.
Prebble: This is the cloth that was left at my house by the prisoner.
John Stanton . I am book-keeper to the Bedford waggon. I received this
parcel; it was sent by the Bedford waggon on the 26th of November.
Prisoner's Defence: I was going down to Birmingham, and between Whetstone
and Barnet I saw this lying on the road. I picked it up; another man was
very close by me; I brought it up on the Causeway; found it too heavy
for to pretend to carry it back to London; I took a piece out, and put
the other on the side of the road. I thought, as the hay-carts came to
town in the morning, that they might bring it. I did not know the colour,
it being dark. I came to town to the Three Pigeons; I left a piece with
a man there, a countryman of mine; I never offered to sell it. I went
and gave a man a shilling to put it in his hay-cart, and carry it to Mr.
Prebble's. I never advertised the thing; I did not know how to go about
it; I intended to advertise it going next day to the Pigeons, thinking
I had all the cloth together. They charged a constable with me. I know
I was a little in liquor when I went there. I saw no waggon when I picked
Q. from Jury to the waggoner. Do you think in the situation it was put,
that it was possible to fall out of the waggon without its being removed?
John Ambridge: It could not possibly get out; it lay in the bed of the
waggon, and the flats on it. I think they must have got into the waggon
to get it out.
Stonehouse: Six yards and a half of the cloth is missing.
Verdict: Guilty. Punishment: Transportation.
14th December 1785.
RICHARD WATTS, JOHN MALING,
Crime(s): theft with violence : highway robbery,
Crime Location: Hadley Green
RICHARD WATTS and JOHN MALING were indicted for feloniously assaulting
Peter Fernhead , on the King's highway, on the 5th day of December last,
and putting him in corporal fear and danger of his life, and feloniously
taking from his person and against his will, one waggoner's whip, value
4 s. 6 d. the property of Richard Knowell .
(The case opened by Mr. Garrow.)
The witnesses examined apart at the request of Mr. Peatt, prisoner's councel.
PETER FERNHEAD: sworn.
I was guard to Mr. Clarke's waggon, of Leicester, I went with the waggon
through Barnet, the clock struck seven as I was going through Barnet,
when I came on Hadley-Green, I saw a man cutting the ropes of the off
side of the waggon; that was Watts; I struck him with my whip, and immediately
three men came up, I struggled as long as I could, and they wrenched the
whip out of my hand; one of them had some instrument that looked like
a billhook, then Maling came up, and one of them said damn him murder
him, then Maling struck me with the bill-hook.
Q. Are you sure they are the persons? - I am as clear as that I hope to
eat or drink.
Q. Are you quite sure of it? - I am quite positive of it, then I hallooed
out murder, and fell down on this arm, and immediately somebody struck
me on the shoulder, I cannot tell who it was, I was quite distracted before,
a waggoner who was before me returned at my not coming along, and he came
back to me, they ran away and left me in that condition, I searched for
my whip, but could not find it, that was wrenched from me by one of the
persons, I stood as I long as I could; I saw them at Justice Blackborough's,
and knew them among a number of people.
Q. Did you single these two men out from all the rest? - I did.
Q. Had you then or have you now any doubt of them? - Not in the least;
my hat was cut through.
Court: I very much doubt whether this is such an offence as in point of
law is called a robbery, therefore my opinion is, that another indictment
should be filed against them for a misdemeanor; you might indict them
for an assault with intent to rob upon a special count, and another for
assaulting and wounding.
Verdict: Both Not Guilty.
Court. Let them be detained for the purpose of an indictment, and referred
to Mr. Blackborough, who committed them, to take good bail.
Tried by the second Middlesex Jury before Mr. Baron HOTHAM.
Old Bailey 1824
7th May 1788.
Crime(s): theft : animal theft,
WILLIAM MACSALL was indicted for feloniously stealing, on the 5th of May,
a brown gelding, value 40 s. the property of Henry Heald .
The indictment was opened by Mr. Garrow.
HENRY HEALD: sworn. I am a pork-butcher at Barnet; I saw my horse on the
common about 11 o'clock last Sunday morning; he had been there ten weeks,
or three months; I missed him upon Monday morning; yesterday morning I
found him in the possession of the next witness; the prisoner was taken
on Monday night, and carried before the Justice at Barnet; he said, he
had no excuse to make, that he stole him to sell him.
Was any promise made him? - No.
Nor threatening? - No; he has been about Barnet ten years.
JOHN CAVELL: sworn. I am one of the gate-keepers at Battle-bridge turnpike;
on Monday, about twelve at noon, the prisoner came up to the gate, riding
a horse without a bridle or saddle; I asked him what he was going to do
with him; he said, he was going to sell it; we agreed, and I gave him
fifteen shillings and a pot of beer for it; I put him to the side of the
road, to the grass; he eat there I suppose for two hours; after he had
been there that time, he could not move; and when I found he could not
do any business, I sent to Mincher, a horse-boiler, and sold it to him
for a guinea and six-pence.
Q. How came you to buy the horse of this man? - He said, he was going
to sell him; and asked a pound for it.
Q. Was not the horse worth more money? - No; not to my judgment.
JOSEPH MINCHER: sworn. I am a horse-boiler; I bought the horse of Cavell;
I gave him a guinea and six-pence.
Was that as much as it was worth? - More than it was worth; it was an
uncommon poor one; I was half an hour getting it a quarter of a mile.
To Heald. What do you think it was worth? - I think forty shillings.
JAMES TAYLOR: sworn.
I am a day labouring man at Barnet, I know the prisoner; I saw him riding
the horse off the common with a halter, by Barnet gate; he said, he was
going to Edgeware, about five miles from Barnet.
Did you know him very well before? - Yes; for twenty years, and upwards.
Cavell: He told me he would bring me another to morrow.
To Heald. Had you another horse on the common?-Yes.
PRISONER's DEFENCE: I did not think of taking him away; I thought to have
rid him a little way.
Verdict: Guilty. Punishment: Death. Aged 70 years.
Tried by the first Middlesex Jury before Mr. RECORDER.
3rd June 1789.
Crime(s): theft : specified place,
Crime Location: Mount House, near Barnet
WILLIAM SALT was indicted for feloniously stealing, on the 22d of May
last, one hundred and twelve pounds weight of lead, value 16 s. belonging
to Joseph Baydon Newditch , then and there fixed to a certain building
of his, against the statute .
(The case opened by Mr. Silvester.)
JAMES BUTLER: sworn. I am a gardener to Mr. Joseph Baydon Newditch , he
lives at Mount House, near Barnet, he has a green-house there; I missed
the lead on Saturday the 23d of May, early in the morning; I am lure it
was lost that night, between the 22d and 23d, because I found a piece
of the lead that was dropped on the gravel-walk, which was not there the
night before; I locked up and missed all the ridge off the green-house,
I packed them over the pales through the kitchen garden; I was present
when the lead was brought back by Lucy, the officer, I have no doubt but
it was the same lead, I saw it fitted as to the nail-hooks and everything.
MICHAEL WARD: sworn. I saw the prisoner, he brought the lead down the
27th of May to Mr. Pellett's, to whom I am a servant, I took it in and
weighed it; it weighed one hundred two quarters and twenty-four-pounds,
I gave the weight in to Mr. Pellett's clerk, I believe he was paid sixteen
shillings per hundred, I did not see him paid; Lucy came in an hour after;
it was all wet, and we had no other wet lead in the premises; I marked
it before I delivered it.
Prisoner. It was among three ton weight.
Q. How long was it? - I cannot say, there was no other wet lead in the
JOHN LUCY: sworn. On the morning of the 27th of May, I received information
that Mr. Salt was in town with a cart with something in a sack, and that
he had gone with his cart to Mr. Pellett's, an ironmonger in St. John-street;
I went there to know what he had brought, and they said he had brought
a quantity of lead; I desired to see it; I saw a quantity of lead laying
wet and dirty, which the man said the prisoner had brought there; I saw
Mr. Pellett, and told him my suspicion; Mr. Pellett ordered it to be marked
and brought to my house, then I went to Barnet and enquired, and was further
informed; I met the prisoner and the cart on Finchley Common; I secured
him; coming along to town in the coach, he asked me if I could get him
admitted King's evidence; the next morning he jumped out, and endeavoured
to make his escape; and he endeavoured a second time to make his escape,
and struck at me several times; he then asked me if I could get him admitted
an evidence; I took him before Mr. Justice Trignet; the Justice asked
him how he came by that lead; he said he had had it in his well a year
and a quarter, that was the reason he gave for its being so wet, when
he sold it; I then took the lead down to Mount House in the chaise, and
in the presence of Mr. Lambert, and Butler the gardener, I fixed it to
the place from whence it apparently came from; it is the same length and
width as the premises, and the same nail-holes and hold-fast holes; upon
a second examination before the magistrate, the lead was then again produced,
Mr. Salt said that it did not come off of the green-house, and that he
bought it, but refused to give any account to the magistrate where; I
have the lead here.
Q. You knew Salt before? - Yes.
Prisoner: Fifty such men as he could not have caught me, if I had had
a mind to run away; I want to ask him whether he did not swear wrongfully?
- No, my Lord.
Prisoner. I know him.
I live near the spot; I was present when the lead was compared; I wish
not to pay the same compliment to the prisoner, that he has to me, of
knowing me, for I do not know him, but by hear say; I went to see if this
lead did match; and it matched so particularly well, that in my opinion
I have not the least doubt, but it came from that green house, in every
particular; and sometimes, I know in a court where constables come to
be examined, that their evidence is not always right; and I was determined
to go and see, I took a ladder and went on top of the green house and
measured it myself, and I marked it, and the lead is here, so far as I
suppose, with a deal of modesty to the prisoner, I think it is the lead.
My Lord, on the Wednesday as Lucy took me, I had been buying some clothes
in Rosemary-lane; I keep a broker's shop; I am a taylor, and deal in all
sorts of rags, linen, and every thing; I got out of the cart to rest the
horse, as my wife is very heavy, and Lucy came and tapped me on the shoulder;
says he, I want you on suspicion of stealing lead; says I, I never was
a thief in my life, nor stole any lead; says he, you must go with me;
Mr. Tarling, the hay salesman, says, do not you make any reflections;
Lucy has used you very ill, and if you want me, I will come and speak
at the Old-bailey; and I would not have come with him, if he had not said
so; he knows I never stole any property; I never was tried or apprehended
at a bar in my life; as for them two men, one is a tallow chandler; he
makes candles at twelve o'clock at night; I told him I had some moulds
Mr. Lambert: My Lord, I would not have mentioned it otherwise, but this
man has been on board the ballast lighter before, and he says he never
was tried before.
Prisoner: I never was caught making candles in the night; my lawyer does
not know the bill is found; or Mr. Tarling would have come, Counsellor
Garrow 's father would have come; my prosecutors would swear anybody's
life away for a shilling; here is Butler, a man I worked for, for years,
he is a man that is against me.
Jury. How did you come by that lead? - I bought it, I gave three halfpence
farthing a pound for it.
To Mr. Butler: Do you know the prisoner? - Yes.
What character does he bear in the country? - I never troubled myself
about his character; I never heard any particular character of him, I
never heard any good character of him for some years.
Prisoner. I worked for Mr. Butler, fifteen or sixteen years, till I got
into trouble for buying some lead before.
Verdict: Guilty. Punishment: Transported for fourteen
Tried by the London Jury before Mr. Justice ASHURST.
to be transported
14th January 1795.
AUSTIN FLOWERS otherwise YOUNG, JOHN FLOWERS,
Crime(s): theft with violence : highway robbery,
Crime Location: Barnet
AUSTIN FLOWERS otherwise YOUNG , and JOHN FLOWERS were indicted for feloniously
making an assault, on the King's highway, on William Cross , on the 17th
of November, and feloniously taking from his person and against his will,
a metal watch, value 2l. a gold watch chain, value 3l. a gold seal, value
1l. six guineas, and two shillings; the monies of the said William Cross
WILLIAM CROSS sworn.
Q. Did you lose any property on the 17th of November last? - A. Yes, about
a quarter of a mile from Barnet, I was in a carriage with Mrs. Cross,
and she observed by the coachman driving so fast, that she thought there
was somebody trying to get up behind.
Q. Had you hackney horses? - A. Yes. In consequence of what Mrs. Cross
said I looked through the window behind, and I see the prisoners who are
now at the bar, almost close to the carriage.
Q. About what time was this? - A. About twenty minutes past four o'clock.
Q. Were they on horse back or on foot? - A. On horseback.
Q. What was the colour of their horses? - A. I cannot positively say;
I have some recollection of the colour of one being a bay or sorrel, but
I cannot recollect the other. Very soon after, I heard somebody cry out,
stop! very loud, two or three times; and the prisoner on the right hand,
the one in the red collar, Austin, demanded my money; he was on the right
side of the carriage; Mrs. Cross was very much alarmed at the fight of
Q. Had he presented a pistol? - A. He presented a pistol; I requested
him to take his pistol from the carriage, I had nothing worth contending
for, and he should have it; he begged us not to be alarmed, he would do
no injury, and he requested we would give our money; he conducted himself
as civil, I suppose, as any man could do. Mrs. Cross had just given over
her money, and she found a noise on her left hand, which alarmed her very
much, and she put down the window, the man on the left hand ran his pistol
into her neck, I gave my money, and the prisoner who last attacked us,
insisted on our watches and diamond rings.
Q. Did he present a pistol also? - A. He presented a pistol also, which
he did not take away for some time, though repeatedly d-mned and cursed
by the other man for not doing it. I think I gave him eight or nine guineas,
it was more than seven, but I am not certain whether it was eight or nine;
the other man still persisted that the lady had a diamond ring and the
man on the left hand, John Flowers , was not satisfied till Mrs. Cross
took off her glove to shew that she had not a diamond ring; John Flowers
was still unsatisfied till the other, Austin Flowers said to me, will
you say on your honour, that you have none? I said, upon my honour she
has none; he said, then I wish you a good or a pleasant evening, and hoped
I might meet with no other company, and they went off.
Q. When did you again see your effects? - A. I see them yesterday for
the first time, in Hatton-garden. (The watch produced by John Briggs.)
I know the watch from several circumstances, a very few days before I
was robbed I broke the enamel in winding it up.
JOHN BRIGGS: sworn.
Q. Who delivered that watch to you? - A. John Flowers, he offered to pledge
it on Thursday the 20th of November, between seven and eight o'clock in
the evening. I opened the watch and found it was advertised from Bow-street,
as stolen; he said he believed the chain was gold, I then gave the aqua
fortis and the Turkey stone to my young man to try it, during which time
I went out to get assistance in taking of him; a few doors from my own
house I met one of our patrols, I told him what I wanted, and in returning
with him into the house, just at the door I met the two prisoners at the
bar coming out. Austin Flowers, he stood in the passage during the time
that John Flowers was in my house, but I had not seen him before; the
instant they see us, John Flowers ran up St. John's-street, and Austin
Flowers ran towards Smithfield, I desired the patrol to pursue John and
I would endeavour to take the other; I ran after him till turning down
towards Cow-lane, there he stopped quite out of breath, I laid hold of
him and there was a coach on the stand and I brought him back, when I
got home I found the other prisoner was in my shop in custody.
Q. You carried them both to the magistrate, I suppose? - A. Yes.
Mr. Knapp: What are you? - A. A pawnbroker, No. 92, St. John-street, West-Smithfield.
Q. You say you went out of your house, and left the two prisoners in the
house? - I only saw one in the house.
Q. How long did you leave him in the house? - A. About two minutes.
Q. You found him there when you returned? - A. I found him coming from
the house in the passage, coming out both of them together.
Q. To Cross. You have stated very fairly to the court, and it is natural
to suppose you would, that this was on the 17th of November, about twenty
minutes after four o'clock in the afternoon? - A. In stating it so precisely,
I conjecture it so. It was between four and five, and rather nearer four
Q. Do you recollect what sort of a day it was? - A. It was a sharp frost,
I rather think it was, but I am not certain.
Q. It was not much daylight? - A. It was so much daylight that I could
have read in my carriage, because a very short time before I had a book
in my hand.
Q. You say you was able to see the person through the glass behind the
carriage, the glass you say was dim? - No, I did not, I said, it was high,
I could not see the colour of the horses.
Q. First of all, if I understand you right, you observed the prisoners
you say,(if they were the prisoners) from the back glass, the glass of
the back part of your chaise; the glass is not very large? - It is a square
glass and rather large, it is as much as eight inches square.
Q. By that means you was enabled first of all to discover the persons?
- A. No, Mrs. Cross supposing somebody was getting up behind the carriage,
I looked and see the two men distinctly behind the carriage, not thinking
they were robbers at that time.
Q. You say the man on your side behaved very civil? - A. Uncommonly civil,
I never was robbed before and so I cannot tell how others behave.
Q. But the other man was not so civil? - A. He was not, he swore to the
other man for not taking the things.
Q. The man on the right hand, he said, all I want is your money, and I
beg the lady will not be alarmed? - A. He did.
Q. You say you lost your watch? - A. Yes.
Q. You are sure that is your watch now produced? - A. I am.
Q. How long were the prisoners apprehended after you was robbed? - A.
I see them only yesterday.
Q. How long were they taken into custody after the robbery was first committed?
- A. I see them yesterday at the police office, Hatton-garden.
Q. They had been committed to Tothill-fields, and brought to Hatton-garden?
- A. I don't know that. There were none in irons but these, and therefore
I must mark them as the prisoners, I must say very fairly.
Q. And therefore they were pointed out? - A. No, not pointed.
Q. When you got to the office you recognized two men in irons? - A. Of
whom I could have no doubt, if I was to see them among ten thousand.
Prisoner Austin. Were not your eyes bad then? - A. No, that has arisen
since in consequence of an inflammation from the gout.
Q. Could you perfectly recollect, you say it was eight weeks since the
robbery was committed? - A. The question is perfectly fair, and if I had
the smallest doubt on my mind, I would not in this place, swear so positively;
I am sorry I am obliged to do it.
Q. You say you was on your journey to Barnet, robbed at some little distance
from that place. Now I ask you which side of the carriage you sat on?
- A. On the left side. I recollect you perfectly at the turnpike; you
remember looking into the carriage; you remember stopping some time to
do it. I had a perfect recollection of your face before you stopped me,
I had a perfect fight of it from the hind glass, I could not be mistaken
afterwards; you was extremely civil, and if I had any doubt I would express
it, but seeing you now and seeing you yesterday, I cannot do otherwise
than say I am certain; I wish I was not obliged to say so.
Q. You have been repeatedly wrote to by the magistrate on this business?
- A. And very unwillingly came up on this business.
Q. And returned for answer that you could not swear to the persons? -
A. I think that when Mr. Bond wrote to me in Yorkshire, I was ill with
an inflammation in my eyes; under this circumstance, Mrs. Cross wrote
an answer, that coming up so far at the uncertainly of been able to swear
to the persons, would be putting me to a great inconvenience at that time;
I felt a repugnance at coming up, but that was from the uncertainly of
figuring to myself the persons of the men that had robbed me, but seeing
these men again I have no idea of doubt about it.
Court. Was there any such letter wrote by you? - A. I think I wrote one
letter to excuse myself from coming up,
Mr. Knapp to Briggs. The prisoner Austin, wishes me to ask you whether
before the justice you did not say, that John Flowers informed you that
he had received the watch from a friend? - A. When I asked him whose watch
it was? he said it was not his own, but he had brought it for a gentleman.
Q. Did he add any thing, did he say he had brought it from a gentleman
for whom he had made a coat? - A. No, he did not.
Q. In short he disclaimed any property in it, he said it was not his?
- A. He did.
Q. I believe you knew him very well? - A. I have known both of them for
some years; one of them Austin Flowers, lived at our beadle's.
JAMESP: sworn. I am a patrol. On Thursday, the 20th of November, between
seven and eight o'clock, I was walking on my duty as a patrol, I see a
young lad coming out of a butcher's shop, which is Mr. Spencers, and I
heard him utter the word here is one of them; that gave me reason to suppose
that there was something amiss, that he was in persuit of one of the patrols,
I happened to be there; I turned myself round and see Mr. Briggs speaking
to Mr. Spencer; I asked what was the matter? Mr. Briggs he said, there
was a person that he wanted immediately to be taken to prison, he told
me that he was in the box, a place which I did not know what it meant
at that time, at last the boy told me I will come and shew you; the boy
shewed me; this place is in the passage, the passage leads to it.
Q. Did you go with Mr. Briggs? - A. I went on and the butcher's boy shewed
me, said there, it is there; I just stopped and I saw the two prisoners
there present coming out of the door; Mr. John Flowers who is there prisoner,
he was obliged to squeeze himself to come by me; at that instant of time
I did not know they were the party that I was to apprehend, and by that
they got by me, there was an immediate cry, there they go; Mr. Briggs
called out that to the best of my knowledge; accordingly I see John Flowers
run up St. John's street, I followed him, I called out stop thief, accordingly
he was stopped by one Samuel Taylor , a porter that belongs to Mr. Dean,
a cheesemonger in St. John's-street; I was near at hand but he stopped
him for me; then I collared him and brought him back to Mr. Briggs's shop;
in a few minutes afterwards I see Austin Fowers brought in there likewise.
Q. Who brought him in? - A. I cannot tell you who brought him, and therefore
I did not observe that; then there was the coach ordered and they were
both charged, and we took them to the magistrate's.
SAMUEL TAYLOR sworn.
Q. What do you know with respect to the two prisoners at the bar? - A.
I took one, John Flowers , the thin one, I took him up in St. John's-street,
Thursday, November 20th.
Q. Was he running, walling or how? - A. He was running very hard; when
I took him the patrol came up.
Q. What is his name? - A. I don't know, James is one name, I don't know
Q. And you delivered him to him? - A. Yes.
Q. Any thing else? - A. I see him drop a watch, I picked it up and carried
it to Mr. Briggs.
Mr. Knapp. You never knew him before? - A. No.
Q. He was running from you, was not he? - A. No, it was directly as I
came out of my master's door I catched him in my arms.
Q. Did you ever hear there was eighty pounds reward? - A. No, never.
Q. Never heard of it before this? - A. No, never.
EWER: sworn. I am an officer of the police, Hatton-garden; the prisoners
were brought to our office to be examined; I asked the patrol that brought
them if he had searched them? I searched the prisoner and I found the
key of a screw barrelled pistol, and this pistol ball on the prisoner
ELLIS WILLIAMS: sworn.
Q. What age are you? - A. Fifteen.
Q. You know what you are doing when you are taking an oath? - A. Yes.
Q. Do you know what will happen to you if you say that that is untrue
having taken an oath? - A. Yes.
Q. What will befall you do you think? do you know it will be worse with
you hereafter, bad indeed if you don't speak the truth on your oath? -
Q. Now tell us what you know of this matter? - A. I saw John Flowers bring
the watch into our house, on Thursday, the 20th of November, he asked
two guineas for the watch.
Q. Did he speak to you or in your presence? - A. In my presence.
Q. You heard him? - A. Yes. He said it was a gold chain, I tried the chain
and it was good gold; in the mean while I was trying the chain my master
went to get assistance; in the mean while he was gone, Flowers asked me
where he was? I told him I believed he was at the door.
Q. What did he do on that? - A. He then took away the watch off the counter
and went out; it was laying on the counter, I saw no more of him till
he was brought in by the patrols; while they were both standing in the
shop a woman told me they were emptying their pockets; I immediately went
round the counter, and I found this pair of spurs in a paper.
Q. Did you see them come out of the pockets of these people? - A. No,
I did not see them; a short time afterwards there were three shot found
just on the same spot.
Q.. But you did not see them come out of their pockets? - A. No.
Prisoner Austin. The evening on which my brother went to Mr. Briggs with
the property in question, I met with my brother, he asked me to go home
to sup with him, which I did not refuse to do; he told me he wanted to
call at Mr. Briggs, the pawnbroker's, he had something to pledge; he then
went into Mr. Briggs and I waited at the door, I stopped there some little
time when I see a patrol come up with a hanger drawn, I thought there
might be something going on that might hurt my brother, I ran away and
Mr. Briggs followed me till I came to the pens in Smithfield; I turned
about then and asked Mr. Briggs what he wanted? he told me he wanted me
to go back with him; I turned round on him and went back, had I wished
to have done it I could have made my escape from Mr. Briggs I make no
doubt; I went into the shop and he told me that my brother had brought
a watch to pledge that was not his own; my brother said it was not his
own property but the property of a friend; he had for some time been acquainted
with Mr. Briggs, if this watch had been improperly got he would not have
taken it to Mr. Briggs. With respect to myself, I am totally ignorant
of the watch, neither for some time prior had I seen my brother; had I
the idea of this watch being improperly got I would not have waited so
near the pawnbroker's.
Prisoner John. On the evening I took the watch to the pawnbroker's, I
took it of a person who had ordered a coat of me; I measured him at the
George, in Aldermanbury, on the 13th of November, a person who called
himself a Mr. Smith, who had used that house for some time; I was to make
him a coat and waistcoat, he told me when I brought it he would pay me,
I made it and took it to him, the value was 3l. 10s. he said he had not
got money to pay me then; he said if I would leave the clothes he would
pay me the next day, which I refused to do, not knowing him; I asked him
that if the landlord would be bound for the coat I would leave it, and
he offered me this watch till the next day, I told him I would take it
to a friend of mine and know the value of the watch; he told me it was
a gold chain and seal, which I told him I did not believe it was, and
as such I took it to Mr. Briggs; if I had known this watch was stole I
would not have took it to Mr. Briggs, were I must be known.
The prisoner called Joseph Steadman, with whom he had lodged in Albermarle-street
six months, and Thomas Knight , who lived with Mr. Cook, a coach-maker,
in St. John's-street, who had known him sixteen or seventeen years, who
gave him a good character, and also William Tylor, of the City-road, who
said he knew nothing of him contrary to honesty, but begged to be excused
answering when asked if he believed him to be an honest man.
Austin Flowers: Verdict: Guilty. Punishment: Death.
John Flowers: Verdict: Guilty. Punishment: Death. (Aged 28.)
Recommended to mercy by the prosecutor.
Austin Flowers. With respect to my brother, I beg you will recommend him
to mercy, as to myself I have no objection to suffer.
Tried by the first Middlesex Jury before the Lord CHIEF BARON.
Newgate Street Prison
JAMES MARRIOTT, MARTIN CLINCH,
Crime(s): theft with violence : highway robbery,
Crime Location: Barnet - Whetstone
JAMES MARRIOTT and MARTIN CLINCH were indicted, for that they, in the
King's highway, did make and assault upon Peter Detree , on the 1st of
December, putting him in fear, and taking from his person a silk handkerchief,
value 5s. a great coat, value 40s. two iron keys, value 1s. a pen-knife,
value 2s. a silver pencil-case, value 6d. ten guineas, and twelve shillings
in monies numbered, the goods and monies of the said Peter .(The case
was opened by Mr. Knowlys.)
PETER DETREE sworn. - Examined by Mr. Knowlys. I was going in a post-chaise
upon the 1st of December, about a quarter before two in the morning, with
dispatches; as we were going up the hill to Barnet, the other side of
Whetstone, before we came to the Red-lion, the chaise was stopped; two
men opened the door, and demanded my money; both the doors were opened
at the same moment; they asked me for my money, or they would blow my
brains out; there were three men, two came into the chaise, and one stopped
Q. Had they any arms with them? - A. They both had pistols; I told them
not to use me ill, I was without defence, I would give them what I had.
Q. Did they say any thing to you before this? - A. Yes; they abused me
very much, and d-d me; they then searched both my pockets, and took from
me ten guineas in gold, and twelve or fourteen shillings in silver; I
am not certain exactly how much.
Court. Q. Was the gold loose, or in a purse? - A. Loose.
Q. What else did they take? - A. A silk pocket-handkerchief, and a brown
great-coat that I had to keep my knees warm, and a silver case.
Q. Have you ever found any of those things again? - A. No.
Q. How long do you think they were in the chaise with you? - A. Not above
Q.. Had you an opportunity of observing them? - A. Yes; but not so particularly
as to swear to them.
Q. Did you make any remark at that time of their persons or dress? - A.
Yes; one had a white smock frock on; I cannot say what coloured cloaths
the other had.
Q. How long after this was it that you had any information of persons
being in custody? - A. I cannot say; I believe it was in January; I was
sent for to Bow-street.
Q. The two prisoners were produced at Bow-street? - A. Yes.
Q. At that time were they standing alone as they do now, or were they
mixed with other people? - A. There were five of them.
Q. Were you able to say which of the five were the persons you charged?
- A. I picked out them that I believed were the men.
Q. Had any body, before you said this, pointed out those persons to you,
or did you speak from your own recollection? - A. Only from my own recollection;
nobody could tell me any thing about it, because nobody was there with
Cross-examined by Mr. Const.
Q. You have spoken very fairly; I shall only ask you a question or two-when
you were sent for to Bow-street, it was to see some people that had been
taken for a robbery? - A. Yes.
Q. And five people stood at the bar? - A. Yes.
Q. There was nobody at the bar besides those five? - A. No.
Q.. And you were desired to six upon those men which were most likely
to be the persons that robbed you? - A. Yes.
Q. And it was so dark, that you could not speak to the colour of their
clothes? - A. No.
Q. You know that their persons and their lodgings were searched, and nothing
found that you know? - A. No.
Q. And it was more than five weeks after the robbery before you were sent
for? - A. No.
Q. And you cannot positively swear to them? - A. No.
Verdict: Both Not Guilty.
Tried by the first Middlesex Jury, before Mr. Baron THOMPSON.
26th April 1797.
Crime(s): theft : animal theft,
JOHN TOSELIN was indicted for feloniously stealing a fat live hog, value
50s. on the 23d of February, the property of John Riedge , Esq.
WILLIAM LAYTON: sworn. - I am bailiff to Mr. Riedge who lives at Elstree;
he lost a fat hog in the night of the 23d of February; I found the pig
on Barnet common.
ANOTHER WITNESS: sworn. - Mr. Layton came and told me Mr. Riedge had lost
a hog; I got up directly, and we overtook the man on Barnet common; they
had got him in a string; we secured the men and the hog.
Q. (To Layton). How were they driving the hog? - A.. I was not near enough
to know whether they had him in a string or not.
Q.. Was the prisoner one of these men driving the hog? - A. I did not
see him then, just before I got to him he was making his escape.
Prisoner's defence. I had nothing to do with the hog, I was not near it.
Verdict: Guilty. Punishment: Confined six months
in the House of Correction, and fined Is. Aged 55.
Tried by the first Middlesex jury, before Mr. Justice BULLER