at the Old Bailey
is a selection of trials at the Old Bailey during the 19th century
that had some connection with Barnet.
If you think our Judges are soft with their sentencing you will enjoy
Crime(s): theft : simple grand larceny,
Crime Location: the Green Dragon at Highgate
WILLIAM POWELL was indicted for feloniously stealing, on the 2d of March,
four pair of list shoes, value 4s. three cribbage-boards, with dominos
in them, value 40s. six pair of gloves, value 8s. eight tobacco-stoppers,
value 4s. a cotton handkerchief, value 6d. and a linen bag, value 6d.
the property of Owen Williams .
OWEN WILLIAMS: sworn. - On Sunday, the 2d of March, I was coming out of
the country, I stopped at the Black Bull at Highgate about six o'clock;
I was coming to Camden Town; the prisoner at the bar followed me from
the Black Bull, as far as the Green Dragon at Highgate; I turned into
the Green Dragon, and the prisoner followed me in; I left my bundle upon
the table in the tap-room, and went to call for a pint of beer at the
bar, and when I came back the prisoner was gone, and the bundle, which
contained the things mentioned in the indictment, in a bag; on Wednesday,
the 5th of March, I saw the prisoner and some of the articles at Hatton-garden
MARY WEBB: sworn. - I keep the Edinburgh-castle at Barnet: The prisoner
came into my house with some pork steaks, and asked me to dress them;
he asked me if I wanted any dominos, I told him, no; he said he had come
out of a French prison, and had got some to sell; he went into the bar
and sold some; he went away, and came back again with some gloves to sell;
he asked me if he could lodge there that night; I told him, yes, and I
took three pair of gloves for his reckoning; the constable has the gloves;
I saw the dominos in the bar, they were broken ones, I think I should
know them again.
EDWARD WINTERS: sworn. - I am a pork-butcher: I was at Barnet on the 3d
of March, it was market-day; a man came into Mrs. Webb's, I cannot say
whether it was the prisoner or not; he had some dominos to sell; he said
he got them from a French prison; he asked me three shillings for a box;
I offered him two shillings, and he let me have them. (Produces them.)
ROBERT BELAMAY: sworn. - I keep the Black Bull at Highgate: On Sunday,
the 2d of March, Mr. Williams came to my house with the light coach; he
got off the coach and gave me his bundle; I put it backwards for him,
and when he went away he took it with him. On the 4th of March he came
again to my house, and said he had lost his bundle at the Green Dragon;
I said I had not heard any thing of it; and in less than ten minutes after,
some post-boys came in, and in consequence of their information, I immediately
went to Barnet at past ten o'clock at night, and found the prisoner at
Mrs. Webb's; I took a constable with me, and we found the prisoner; he
told us where most of the things were; Mr. Gravestock, the constable,
took him to his house, the Red Lion at Barnet, and there his hat sell
off, and a bag and a cotton handkerchief sell out of the crown of it.
HENRY GRAVESTOCK: sworn. - I received three pair of gloves from Mrs. Webb;
a cotton handkerchief and a bag fell out of the prisoner's hat. (Produces
Williams. These are my dominos; I brought them from Norman-cross Stilton-barracks,
Huningdonshire; they were made there by the French prisoners: I know all
these things to be mine; I had been down to see my mother, and bought
these things in my way home.
Prisoner's defence: I found them.
Verdict: Guilty. Punishment: Imprisonment : House
of Correction, fine. (Aged 28.)
Confined six months in the House of Correction , and fined 1s.
Tried by the first Middlesex Jury, before Mr. RECORDER.
28th October 1801.
HENRY ELLIS, JAMES PRICE,
Crime(s): theft : animal theft,
HENRY ELLIS and JAMES PRICE were indicted for feloniously stealing, on
the 3d of September, two geldings, value 18l. the property of William
Townsend .(The case was opened by Mr. Clifton.)
JAMES REEVES: sworn. - Examined by Mr. Clifton. I live at the George,
at Riverhead: I saw the prisoners there on the 1st of September, about
eight o'clock in the evening; they staid till ten.
Mr. Knapp. Q. Do you recollect seeing the prisoners before? - A. One of
WILLIAM TOWNSEND: sworn. - Examined by Mr. Clifton. I am a tanner: I live
at Tauntongreen, about a mile from Riverhead; my land is within a quarter
of a mile; I had some horses turned out at seven o'clock in the evening,
on the 1st of September; in the morning, I went there, and missed two
geldings, a black and a bay; on the 3d, I came up to London, and went
forward to Barnet, it was fair-day; I saw those young men go to a stable
at Mrs. Neale's; I went there, and saw my little black horse, and a horse
I could not swear to, but I thought it belonged to a neighbour of mine,
Mr. Staples, at Riverhead.
Q. Was the black one the horse you missed from the pasture? - A. It was.
Q. What were the two prisoners doing in the stable when you went there?
- A. I did not see them do any thing there; I went into the town, and
afterwards saw them; they were a very little distance apart; Ellis mounted
Mr. Staples's horse, and tried to ride away, then I seized Price, and
said, he was my prisoner for stealing horses.
Q. Was that in Ellis's hearing? - A.. I cannot tell.
Q. What did Ellis do? - A. He tried to ride away, and rode over a Welch
runt; the horse knocked the runt down, and fell over it, and threw the
man off; this was not above two or three rods from Mrs. Neale's; I found
the other bay horse at Whetstone, at Mr. Freeman's, which I had lost from
Cross-examined by Mr. Knapp.
Q. Were those horses turned out by you? - A. By my servant.
Q. Were you with your servant? - A. No; but I was in the yard when they
came from the stable.
Q. Is your servant here? - A. No.
Q. I understood you, that what you communinicated to Price, you don't
know whether Ellis heard? - A. No.
Q. Or whether he saw that you were taking Price at the time? - A. No.
Q. The horse Elis was upon, was not your horse? - A. No.
Q.. When you found the horse at Whetstone, Ellis was not by? - A. No.
Q. Or near there? - A. No.
MARY NEALE: sworn. - Examined by Mr. Clifton. I keep the Waggon and Horses
at Barnet: On the 3d of September, which is the day before the fair, about
ten o'clock in the morning, the prisoners came to my house, each leading
a horse, they were not mounted; the horses were put into my stable; in
the course of about a couple of hours afterwards, Mr. Townsend came, and
saw them, and said, they were his property.
Q.. Were the horses, Townsend said were his, the same the prisoners brought
to the yard? - A. Yes; Mr. Townsend claimed them as his property, and
asked me to get a constable.
BENJAMIN FREEMAN: sworn. - Examined by Mr. Clifton. I keep the Anchor
at Whetstone: The prisoner, Price, came to my house on the 2d of September
last, and wanted my meadow to put three horses in; the other prisoner
came afterwards, and they had a bit of dinner, and went away together,
and left the horses in the meadow near my house.
Q.. Did Townsend come next day? - A. Yes; and he saw the horses, and claimed
Q. Are you sure that the horse you shewed him, and that he claimed, was
the same that was left by Price the day before? - A. I am sure that was
the horse that he put into the field.
Q. Did they say where they were going when they left your house? - A.
Cross-examined by Mr. Knapp.
Q. Then it was Price that gave you the horses, and you did not see Ellis
for sometime? - A. No.
Q. By what means did I come to your house - by myself? - A. I was busy
in the house, and don't know.
Ellis's defence. I am an innocent man, and leave it all to my Counsel.
Price's defence. I have nothing to say; I leave it to my Counsel.
Evidence for the prisoner Ellis.
THOMAS HANKIN: sworn. - Examined by Mr. Knapp. I am a cordwainer, and
live in Pomona-place, Lisson-green, Paddington: I know the prisoner Ellis,
because he lived at my house on the 1st of September last; I recollect,
on the evening of the 1st of September, he was in my house at four o'clock
in the afternoon, and did not go out again that day, or till the next
morning at half past six, when he told me he was going to Barnet fair.
Cross-examined by Mr. Cliston.
Q.. How long have you been acquainted with Ellis? - A. Upwards of eight
Q. How long has he lodged at your house? - A. Between four and five months.
Q.. What trade is he? - A. He gains his livelihood by carrying bowls and
dishes, commonly called hardware.
Q. Where? - A. In all parts of the country.
Q. How long before this time had he employed himself in carrying bowls
and dishes? - A. I suppose, four or five years.
Q. Do you mean to say he had not carried it on for the last four or five
years? - A. I should think not.
Q. What trade has he carried on in that time? - A. I cannot tell.
Q. For the last five months, you don't know, perhaps? - A. I know so far
as the time he lodged with me, and for the other time, to the best of
my knowledge, he carried on that, and nothing else.
Q. What business has he followed during the last five months? - A. He
followed that business.
Q.. During that five months, he was out a good deal? - A. Yes, up and
down the country.
Q. Then he was not constantly at your house? - A. He was not.
Q. How can you pretend to say, that on the 1st of September, he was at
your house? - A. He was, I can safely say.
Q. How do you know it? - A. Because, if I must speak the truth, I lent
him a couple of guineas.
Q. How are you so sure? - A..Because, in the morning, at half past six,
he got up, and said, will you get me some breakfast; I said, I would;
he said, have you got the trisle of money by you of two guineas; I said,
I have; says he, I will be much obliged to you, if you will lend it to
me, and I will pay you when I come back; I said, if you will promise to
pay me, I will, and I lent it him on the 1st of September.
Q. He was going a journey, and would pay you when he came back? - A..
Q. He set off on his journey? - A. Yes.
Q. Did he say where he was going? - A. To Barnet fair.
Mr. Clifton. My Lord, I will now call Stevens, the coachman of the Riverhead
coach, to prove he took the prisoners down by the coach.
STEVENS sworn. - Q. Did you drive the prisoners any where? - A. I took
them up at Lewisham, and drove them to Collier's, the White Hart, at Riverhead,
on the 1st of September.
Cross-examined by Mr. Knapp.
Q. Had you ever seen the prisoners before? - A. I never saw them, to my
Q.. Were they inside or outside? - A. Outside.
Q. I ask you, upon your oath, never having seen the men before, whether
they are the men you took up at Lewisham? - A. That man in the jacket
is one (Price.)
Q. Upon your oath, will you swear that the other is one? - A. In regard
to that, I cannot say; his dress is different; it is something like the
THOMAS WALTER: sworn. - Examined by Mr. Clifton. I was with the prisoners
on the top of the coach, and know them; I had a deal of conversation with
him in the blue coat (Ellis.)
Ellis: Verdict: Guilty. Punishment: Death. Aged
Price: Verdict: Guilty. Punishment: Death. Aged 27.
First Middlesex Jury, before Mr. Justice Heath.
HENRY JOHN WILLIAMS,
Crime(s): theft : simple grand larceny,
Crime Location: Highwood hill, Barnet
HENRY JOHN WILLIAMS: was indicted for feloniously stealing, on the 18th
of July, a quarter of a pound of tea, value 16d. two 1b. of sugar, value
1s. 5d. a loaf of bread, value 4 1/2d. and a pound and a half of bacon,
value 1s. the property of James Radford ; and four 1b. of bacon, value
2s. 6d. the property of John Hornblow .
PRISCILLA RADFORD: sworn. - I am the wife of James Radford , at Highwood-hill,
Barnet; we lodge at a public-house, the Three Crowns: I lost the articles
mentioned in the indictment on a Monday morning, I don't know what day
of the month; it was in August; I had seen them at nine o'clock in the
morning in my master's barn, Mr. Boucher's; I missed them about eleven;
I then went to the field where my husband was at work; the prisoner was
brought back by Mr. Coxhead, my master's servant, with the property upon
him; the articles that were found were of the same sort and quantity that
I lost; the bacon belonging to John Hornblow was left in my care; I knew
it again, when it was found; I never saw the prisoner before.
JAMES COXHEAD: sworn. - I am bailiff to Mr. Boucher: On the 18th of July,
the prisoner came to me to enquire for work, we were hay-making; I refused
him work; I came out of the park gate, when I observed a person pop down
behind a bedge; I called to him, to know what business he had there, for
there was no foot-path on that side; I told him to go about his business,
and I went into the park; soon after, this woman came, and said, she was
robbed; I saddled my horse, and went in pursuit of the prisoner, and found
him at the King's Head, about a mile from the barn; he had a bundle upon
the table; I insisted upon seeing what was in it, and found the property
mentioned in the indictment; he said he had bought them; he went back
with me as far as Captain Williams's gates, and shut them; I got in, and
he drew a knife; I called for help twice, and some people came and helped
to take him; he had the property with him when he was taken.
THOMAS: sworn. - I assisted in taking the prisoner; he had the property
upon him; he was knocked down by an Irishman with the handle of a hay
Coxhead: Here is the knife, (producing it); a man took it out of his hand,
and gave it to me.
Prisoner's defence. I told him I would shew him the house where I bought
it at Barnet, and he would not go with me.
Verdict: GUILTY. Punishment: Confined twelve months
in the House of Correction , and publicly whipped. Aged 29.
Second Middlesex Jury, before Mr. Recorder.
16th April 1806.
Crime(s): killing : murder,
Crime Location: Red-Lion at Barnet
HUGH MACK was indicted for the wilful murder of Timothy Kirby .
The case was stated by Mr. Gurney.
THOMAS LEE: sworn. Examined by Mr. Gurney.
Q. You are a private in the fourth regiment of foot - A. I am.
Q. On Sunday, the 23d of March, were you at Barnet. - A.. I was, with
fifteen or sixteen other persons under charge of desertion, we were all
handcuffed, there was a rope placed between the two columns of men, and
one hand-cuff of each man was tied to the rope; we were escorted by an
officer, a serjeant, and some common private men with arms.
Q. Who was the serjeant. - A. The prisoner at the bar.
Q. When you came to the Red-Lion at Barnet did the deserters halt. - A.
Q. Had any order been given by the officer for the company to halt. -
A. Not in my hearing; the officer came up, and asked who had halted the
men; they said they wanted their pay to get some subsistence, for he had
promised not to march them further than there that day; he said they must
go on to Highgate, and they said they could not, as they had had no refreshment
from twelve o'clock the day before.
Q. What hour of the day was this. - A. About one or two o'clock; the officer
told them to go on to the next public house, then he would halt them and
give them some refreshment.
Q. Did they go on upon that. - A. Yes, till they had passed this public
house, then they halted again without orders, and said they were not able
to go without some refreshment; the officer said they must go on to Highgate;
the deceased man said, as well as the other men, that he could not go
to Highgate without some refreshment, the serjeant said he was able to
go, and he must go, without any refreshment; the deceased told the serjeant
that he should not be so cruel to a deserter, it was only three months
ago that he was marched from the Savoy as a deserter himself; the serjeant
said he was a liar, and then the deceased said he was a liar; the serjeant
said he wished he had the pleasure of shooting them all; then the serjeant
returned and struck him with the halbert, he took the halbert in both
his hands, and gave him a hard blow with the cross bar on his head, the
guard, the steel end of the halbert stuck in the scull.
Q. Did the halbert stay upon the place where he struck him. - A. Yes,
it struck very fast, and it drew his head of one side when he pulled it
out; he pulled two or three times before the halbert came out, his hat
came off with the halbert, and the man cried out he was dead, the blood
flowed when the halbert was drawn out. The deceased sat down and begged
the officer to take off his handcuffs, and called for his wife and child,
who were behind; the officer who commanded the escort sent for a surgeon.
Q. Did you stay with the man. - A. No, we were marched on to London.
Q. Did you halt at any place. - A. We did, about an hour afterwards; I
saw Kirby brought into the Savoy that night, he was brought to the Savoy
in a cart, and I saw him after he was dead.
Cross-examined by Mr. Knapp.
Q. You joined the party. - A. Yes, I was taken three or four miles below
Q. The deserters halted twice; there were no orders given by the officer
or the serjeant to halt. - A. No.
Q. Was the conduct of the deceased quiet and peaceable. - A. He was as
peaceable as the rest, all of them refused to go on till they got their
Q. The words liar passed between both of these men. - A. Yes.
Q. Was not the blow immediately given on these words taking place. - A.
Q. There was some of them willing to go on. - A. No, there were none of
them willing to go on till they got their pay.
Q. Was not the deceased the only person that pulled the rope. - A. I did
not see one pull the rope more than the others.
Mr. Gurney. The deceased was before you. - A. He was.
Q. Might not he pull the rope back to stop the others without your perceiving
it. - A. He might, I did not see the deceased pull the rope, they were
all of them willing to stop to get their pay.
Jury. Was the deceased the first file. - A. About the second; I was the
Q. Was he left hand man or right hand. - A. The right hand was handcuffed,
and secured to the rope, his left hand was at liberty.
JOHN COOK: sworn. Examined by Mr. Gurney.
Q. Were you in this party of deserters at Barnet on the 23d of March last.
- A. Yes, I came with the party from Chester.
Q. Had the deceased come from Chester likewise. A. Yes.
Q. I believe some of you come from Ireland. - A. The whole come from Ireland.
Q. Where did the prisoner at the bar take charge of you under the officer.
- A. At Litchfield.
Q. Do you remember halting at Northampton. - A. I do, they halted about
an hour before the goaler would take them in custody; during the officer's
absence, the deceased and the prisoner at the bar had some words; I was
in the rear file that day, I cannot tell what was the beginning of the
words, I heard the soldiers grumble very much not getting their billets
to get their dinner; I heard the serjeant say d - n the Irish rebels,
they should all be put to death; the serjeant talked very hot to the deceased,
and the deceased to the serjeant; the deceased said the serjeant charged
him with being a deserter, he had been a deserter himself; the serjeant
said he was very much obliged to the soldiers for telling the deceased
that, otherwise he could not have known it; the serjeant said, if the
d - ned rascal speaks to me again I will take his life.
Q. Did you come on from thence to Barnet. - A. We remained there some-time
before a place could be got to put the deserters in; there the deceased
told the officer, that Mack threatened him with his life, and was abusing
him in a gross manner; then the officer, that gentleman that is there,
(pointing to him) told him to hold his tongue, brought us forward to another
goal, and put us in there. On the next day we marched to St. Alban's,
and on Sunday morning we marched from St. Alban's to Barnet.
Q. From Northampton to Barnet had any other dispute took place between
the prisoner and the deceased. - A. Yes, at a place called Chalk Hill,
near Dunstable, the serjeant impeached him again of being a d - ned rebel
for flying from his colours; the deceased gave him as bad in return again,
told him he must be a d - ned rebel for flying from his colours; with
that the serjeant drew back, took his halbert, and swore he would run
him through; the corporal of the party laid hold of the serjeant's arms
to hinder him from stabbing him with the halbert, and then the officer
gave orders for the serjeant to go on.
Q. In your march from Northampton to St. Alban's, what was the latest
hour that you had refreshment. - A. About twelve o'clock.
Q. At what place had you the refreshment. A. About twelve miles from St.
Alban's some had refreshment, and some had none; I borrowed some money
of the officer to get some refreshment; my wife was in the rear, the last
that we had was at Dunstable.
Q. Then on the morning of Sunday you had none. - A. No.
Court. Nor on Saturday afternoon. - A. No, we had none till Sunday at
Mr. Gurney: When you came to Barnet the deserters stopped without orders.
- A. All halted without any order; that was opposite of the Red Lion.
The officer came up, and asked what was the matter; I told the officer
he had promised a halt there, because we had marched the day before thirty
miles, and by halting here, there would be a short day's march to London;
then the officer told us we should halt at the next public house. We came
out of the town, and there was only one public house to be seen, and at
that public house they all halted again; the prisoner at the bar came
up, and the officer came and asked who ordered to halt; some man said
it was the serjeant; the officer desired them to go on; he said he would
halt them at Highgate. They did not move for some time; some knew the
distance, and some did not.
Q.. Did the deceased say anything at that time. - A. He did not; some
said it was only three miles. and the officer said it was only three or
four miles, We all said that we could not go without some refreshment;
we could see no public house; the officer told us there was a public house
a little farther on; the serjeant came and struck the deceased on the
Q. How near were you to the deceased. - A. I was the rear file of the
whole; I could hear them mutter some disagreeable words one against the
other, but not enough to make him strike him; I heard the word Liar returned
backwards and forwards from the serjeant and the deceased; one and all
said they could not go on without having refreshment; Young said he would
be d - ned if he would march any farther without he had some refreshment.
Q. Did you hear the deceased say any thing. - A. The deceased said he
was not able to go till he had some refreshment; he was very much fatigued,
his wife was in the rear to get some for him.
Q. Then you say you heard the serjeant and the deceased call each other
liars. - A. Yes.
Q. Did you hear any other angry words between them. - A. The serjeant
said if he would not go on he would take his life.
Q. Did he say that to the deceased only, or to any other person. - A.
To the deceased only, as I understood.
Q. Did you hear any more words from one or the other before the blow was
struck. - A. No, I saw the serjeant give the blow with the halbert.
Q. What part of the halbert did the prisoner strike him with. - A. With
the cross-steel bar, he struck him over the head (witness describing the
manner the prisoner struck the deceased) with both his hands, with the
cross-steel bar, he knocked it through his hat into his head.
Q. Did it come off from the head easy. - A. No, with great difficulty
he got it out, it struck in the skull; he made several pulls to get the
halbert out, and the deceased stooped his head for him to get the halbert
out; the hat came off with the halbert being pulled out, and the blood
flowed immediately; the deceased cried out that he was murdered, and begged
the officer to let his handcuffs be taken off, and called for his wife
and child; the deceased sat down, and they were taken off, and the witness
that gave evidence before me was put in his place, he not having been
Q. Did you stay with the deceased. - A. I was marched on I dare say about
a couple of miles, when we stopped for some refreshment; we then came
forward to London; I saw the deceased again at night when he was brought
to the Savoy in a cart; he lived till the Wednesday or Thursday following,
I do not know which.
Cross-examined by Mr. Knapp.
Q. I understood you to have said, that Young said, D * mn him if he would
go any further. - A. Yes.
Q. That was the opinion of you all. - A. No, I cannot judge of any man's
opinion but my own.
Q. You were all desirous of having your pay. - A. That was my opinion,
I do not know what any other man's was. I said I wanted refreshment; the
serjeant would have stopped them if they had not stopped; the men said
we were d - mned fools if we did go; the serjeant was as willing to stop
as the men, if it had not been for the officer's order.
Q. Did not the serjeant halt you. - A. He did; because the officer said
he would halt us at the last public house.
Q. Whereabouts was it in Barnet the deceased received the blow. - A. This
near end to London.
Q. I think you said the words were as high of one side as the other. -
Q. Was not there an attempt at Stafford of you all to make your escape.
- A. About ten were for going, and six were not for making their escape.
Q. Was not that the night before you was delivered
over to the officer and the present serjeant. - A. It was.
THOMAS WEBB: sworn. Examined by Mr. Gurney.
Q. What are you. - A. I am a shoemaker, I live at Barnet.
Q. On Sunday the 23d of March, did you see a party of deserters marching
through Barnet. - A. I saw a party of soldiers escorting a line of deserters.
Court. Were there as many soldiers as there were deserters. - A.. There
were more, there were nine on each side, with fixed bayonets; the deserters
were handcuffed together, fastened to a rope that went through the line,
the prisoner at the bar was in the front, and the officer was behind.
Q. Did the deserters halt. - A. They halted for the first time opposite
the Red Lion; when they halted, I came up to them, they appeared to be
much tired, and I heard a general complaint amongst them of want of refreshment.
I heard the officer and the prisoner at the bar order them to move on,
the officer promised that they should stop lower down in the town; upon
that order they moved on, I believe more than an hundred paces, opposite
the lower Red Lion, the last public house in the town, and the nearest
public house in the town towards London.
Q. When they came up to the lower Red Lion they stopped. - A. They did,
I did not hear any order for stopping, the officer ordered them to move
on, the prisoner at the bar then repeated the same as he had done before,
they then moved on I believe about thirty paces, and then halted without
any command, I then ran towards them, and I saw the deceased, for one,
pull the string, he rather checked it back, he was in the second file;
there appeared to be a general complaint throughout the whole line; I
heard the deceased say he could not and would not go any further till
he had some water; instantly I saw the serjeant leave the front, stepping
a few paces he uttered some words, I did not distinctly hear, he then
struck the deceased with the guard part of the halbert on the head.
Q. Did it appear to penetrate the head. - A. I saw the guard pass through
the hat into the head, and it was with difficulty he drew it out, it brought
off the hat on the pike of it.
Q. When the prisoner struck the deceased with the halbert, in what manner
did he hold the halbert. A. With both hands, and struck him as violent
as he could strike him, with as much force as a butcher would strike a
bullock; I was close up to him at the time, I heard the deceased exclaim,
oh, I am killed! I am killed! the blood flowed from the wound; as soon
as I heard the deceased say these words, I saw the blood stream over the
right eye, he did not immediately fall with the blow, because he was supported
up by his fellow deserter that was handcuffed with him, who held him up,
then his handcuff was taken off, and he sat down; in about a quarter of
an hour the surgeon came; I saw the deceased put into a cart.
Q. How soon was the deceased put into a cart, and sent to London. - A.
I believe it must be more than an hour, because he was taken into a stable
and searched by the surgeon.
Q. Before the prisoner struck the deceased with the halbert, had the deceased
either struck him or made any motion towards striking him. - A. None in
the least, I am perfectly sensible of that.
Cross-examined by Mr. Knapp.
Q. You said that you saw the deceased lay hold of the string. - A. No,
he did not lay hold of the string, he rather checked the string; the officer
and serjeant requested them to go on, but they were all unwilling to go
on till they had some refreshment.
Q. How near were you to the serjeant at the time the blow was given. -
A. I was close to the rear of the party, I distinctly heard the deceased
say the words that I have told you, there was a rumour of different people
speaking, I might not hear all that passed.
MATTHEW SMITH: sworn. Examined by Mr. Gurney.
Q. You live at Barnet, and by business a baker. - A. Yes.
Q. I believe you are now head borough of the town. A. Yes.
Q. On Sunday the 23d of March, did you see a party of deserters march
through Barnet. - A. I did, under an escort of a serjeant and an officer,
and about twenty private soldiers, with their bayonets fixed; the prisoner
at the bar was in the front with his halbert, and the officer was in the
Q. Did you observe them to halt opposite of the Red Lion. - A. No, the
serjeant halted them between the upper Red Lion and the sign of the Harrow;
I was standing at my own door, about twenty yards from them.
Q. Did you hear any thing at that time. - A. I heard the officer ask who
halted the men; one of the privates answered it was the serjeant, the
officer said you must go on, they went on from opposite the sign of the
Harrow till they came to what we call the lower Red Lion, then the men
halted opposite the lower Red Lion in the road.
Q. Did you hear any word of command given for that halt. - A. No, but
there was a murmuring between them, they said they had been marched so
far the day before, and they could not, nor would not, march any farther,
till they had some refreshment; then by the word of command being given
by the officer, they marched on a few paces farther, till they came to
the stonemason's beyond the lower Red Lion; when they come on these few
paces they halted again, they were all determined, semingly, of going
no farther, as there was no other public house for them to stop at; they
were all dissatisfied, I did not see one more so than another.
Q. Did you see the rope pulled by any of them. - A. Yes, by several, I
was close at the rear of them.
Q. Did you observe the serjeant do any thing upon their halting. - A.
The serjeant uttered very bad words, he came from the front towards the
deceased, and struck him.
Q. Did you hear any words that the serjeant made use of. - A. When he
had got the halbert up, he said, I will murder you,
you b - r.
Q. In what manner did he take up the halbert to strike him. - A. (the
witness described here the manner in which the serjeant was carrying the
halbert, and also the manner he struck the deceased) When the halbert
was in the deceased's head, he tried to pull it out, he could not at first,
he drawed the man towards him; it was the guard part of the halbert that
went into the man's head, and when he pulled the halbert out the deceased's
hat came off with it, and in a very little time the blood flowed, the
man did not drop instantly, but in a few minutes he fell to the ground,
and the blood flowed over his right eye; the moment the deceased was struck,
he cried, oh, I am killed! I am killed!
Court:Before he fell did you see or hear any thing more pass with respect
of the serjeant. - A. Not a word; the serjeant returned back into the
front of the party again, and never came nigh the deceased any more in
my sight; the deceased begged for some water, and Mr. Birdstock, who keeps
the lower Red Lion, brought him some water; a surgeon was sent for who
Q. Before the serjeant struck him on the head, had the deceased made any
effort to strike him, - A. I did not see any thing of the kind, I am certain
it is a very false thing if any body says so.
Cross-examined by Mr. Knapp.
Q. There was a general refusal among them not to proceed any further,
till they had received refreshment. - A. There was.
Q. There were words used first between them. - A. Yes, but I cannot tell
what the words were.
Court. Do you mean words between the prisoner at the bar and the deceased,
or words among the men in general. - A. There were words among the deserters
Q. Were there words used between the prisoner and the deceased while you
was there. - A. Not a word.
Mr. Knapp. You saw him pull the string. - A. He did, and the others pulled.
Q. Was it not after the rope was pulled different ways that the blow was
given. - A. The serjeant ran from the front immediately the refusal was
signified by the whole party.
Q. And then the blow was given. - A. It was.
Court. Do you know whether the place by the stonemason's where the blow
was given, is in Hertfordshire. - A. It is in Hertfordshire, in the parish
of Chipping Barnet.
WALTER MORRISON: sworn. Examined by Mr. Gurney.
Q. I believe, sir, you are a surgeon, residing at Barnet. - A. I am.
Q. On Sunday the 23d of March, was you sent for to examine a deserter
that had been wounded in the head. - A. I was, I found the man in a stable
at the lower Red Lion, I examined the head and found the wound to be about
an inch in width, an instrument had penetrated the scull, and entered
Q. Was it such a wound as a part of the halbert would have made. - A.
Q. Did you observe any part of the brain exudate from the wound. - A.
Q. Was it a wound as might produce death. - A. It was, I thought it was
a dangerous one, and so I told the officer that he would not live long.
Q. I do not know whether you saw the man put into the cart. - A. I did
not see him put into the cart, I overtook him, and saw him in the cart,
going to London.
Cross examined by Mr Knapp.
Q. The officer enquired of you, sir, I understand whether it would be
safe to convey him to London. - A. It was my opinion that he might be
removed without encreasing the danger.
Q. Upon that the officer had the cart to remove him. - A. It was.
SAUNDERS: sworn. Examined by Mr. Gurney.
Q. I believe you are a post boy at Barnet. - A. Yes.
Q. On Sunday the 23d of March did you drive a cart with this wounded man
to London. - A. Yes, I brought him from the lower Red Lion, his wife and
child was put into the cart with him, I got some straw for him to lie
easy, the woman let the man lay his head in her lap, as well as she could;
when he was coming to town he never spoke, he never was in his senses
at all; I stopped three or four times to get some milk and water for his
wife to refresh him and wash his wound; I brought him to the Savoy.
PEGGY MOORE: sworn. Examined by Mr. Gurney.
Q. You are the widow of Timothy Kirby. A. I am.
Q. We understand you was not with him at Barnet, at the time he received
the wound. - A. I was not, I came up to him before he was put in the cart,
I came with him in the cart to the Savoy, he arrived at the Savoy on Sunday
Q. Did you see him the next day, and so on till he died. - A. I did; he
died on the Thursday morning.
Q. You saw him after he was dead. - A. Yes.
HENRY WORTH: sworn. Examined by Mr. Gurney. On the evening of the 23d
of March, I saw the deceased in the Savoy, I examined his wound in the
barrack room, in the presence of another surgeon, we were then both of
opinion that there was no fracture, I gave orders immediately for him
to be taken to my hospital, where I bled him immediately; the next morning
I went up to see him, he was walking about the room, he said he had a
pain in all his limbs, that he had undergone a long march; I told him
he might go to bed, I would rather see him in bed than up; on Tuesday
and on Wednesday morning he was very well, till about five o'clock, I
believe, he then did not care to speak at all, his pulse was rather low;
Wednesday evening he did not care to speak at all, he appeared sensible.
Q. Did he complain of the pain in his head. - A. Not at five o'clock;
at ten o'clock I saw him, he told me he had a pain across his forehead;
on Thursday morning about five o'clock, I was called up, he was quite
dead; I opened the head; on removing the scull, I found there was a small
Q. Did the wound appear to have penetrated the brain. - A. On removing
the pericranium, I perceived it had entered the dura mater.
Q. Have you any doubt that that wound was the occasion of his death. -
A. No doubt at all.
Prisoner's Defence: At the time these deserters were delivered to the
officer and me at Litchfield, I was informed by Mr. Allen that they were
a very dangerous set of men. At Northampton the deceased was very refractory;
I told him to be quiet till the officer could get a prison or some other
place for them; he abused me in consequence of his bad conduct. The officer
commanding the escort put him in the lower part of the prison. About four
miles from Northampton this Timothy Kirby was getting quite slack, he
said he could not get on; I spoke to him, he called me all the villains,
and swore he would take my life; I told a man of the name of Wilson to
take notice of it. At Dunstable, he in particular grew refractory; most
of the party were agreeable to go on excepting this Kirby, and a man of
the name of Young, who said they would go no further; the officer then
with the flat of his sword struck Kirby. At St. Alban's the prison-keeper
would not let them in without a guard; this Kirby said he would not march,
though he was able to do it. At Barnet they halted without any word of
command whatever; I said to this man go on quietly; at one time he said
he was not able, and the next reply he made me was, he was better able
to march than me, but he would be d - mned if he would go on, and if I
would come nigh him, for a rascal he would strike me dead. The party moved
on till we come near the Red Lion, or below it; they halted again, he
asked for the rascal of a serjeant at the front. The officer ordered the
party to go forward; I said come on, he said if you come nigh me I will
strike you dead, he made a pull to get at me, and rushed forward to make
a blow at me, I took my halbert and thought to hit him with the wood part,
he fell back, and then the cross pin catched him over the head.
THOMAS WILSON: sworn. Examined by Mr. Knapp.
Q. Were you one of the escorts. - A. Yes, I am in the thirty-eighth regiment
Q. Were you with the deserters all the way from Litchfield to London.
- A. Yes, we had the charge of sixteen, and the deceased was one of them.
Q. Did he and the rest of them conduct themselves quietly and orderly
on their march. - A. The whole of them but Kirby and Young. Kirby behaved
in a blackguard manner, he refused the orders of the officer on Sunday
the 23d of March; we were coming through Barnet; the prisoners wished
to stop to get themselves some refreshment, the lieutenant desired them
to go on, the deceased laid hold of the rope and stopped the party, and
said he would be da - ned if he would go any farther; when he gave these
words the serjeant moved forward, and said he would stab him in the a
- with the pike if he did not move forward; the deceased d * d the officer
and him both, and if he came near to him he would kill him; the deceased
made a push with his hand to strike the serjeant with his right hand;
then the serjeant hit him with the pike, the deceased drew back his head,
frightened at the blow, the pike just touched his head; I believe the
serjeant meant to strike him with the wood part of it.
Cross-examined by Mr. Gurney.
Q. After you had delivered the deserters at the Savoy, you and the prisoner
returned towards Litchfield. - A. Yes.
Q. And it was in your way back that the prisoner was taken up on this
charge. - A. It was.
Q. You and he conversed a good deal on this subject. - A. We did a little.
Q. Upon your oath have you any other reason to believe that he did not
mean to strike him with the iron part of the halbert, but that he has
told you so. A. I have no other reason.
Mr. Knapp: Q. Did you ever escort a more riotous and disaffected party
than these were. - A. No.
WILLMOTT: sworn. Examined by Mr. Knapp. Were you of this escort party.
- A. Yes; the deceased was one of the deserters under our escort, I came
with him all the way from Litchfield.
Q. Was his conduct peaceable or otherwise during your march. - A. Very
otherwise; he did not obey the officer's orders, and he threatened the
noncommissioned officer many times on the road. On Sunday morning at Barnet
the deserters halted themselves without orders; Kirby said he would not
go any further till he got some refreshment; he d *- d both the serjeant
and the officer; the serjeant said if he did not go on he would job him
with the pike. Kirby said if the serjeant struck him he would kill him
if it was possible, he laid hold of the rope with his right hand, and
drew the rope back, and would not let the other men go on; the serjeant
Q. Before the serjeant struck him had the deceased made any blow at the
serjeant. - A. Yes, he held his hand up to hit him.
Q. Was it immediately after the blow that was aimed at him that the serjeant
struck the deceased. - A. Yes, directly he struck him with the halbert;
I was about two yards from him.
Q. Did he receive the blow or did he retire from the blow. - A. The man
flew from the blow.
Q. Then of course the halbert would recline from him as he drew down his
head. - A. Yes, and he received it in his head.
Q. Did it appear to you that it was the intention of the prisoner to strike
him with the wood or the iron. - A. With the wood.
Q. If the deceased had not retired from the blow, or flew from the blow,
as your expression was, would the wood part have hit him instead of the
iron. A. Yes.
Cross-examined by Mr. Gurney.
Q. You went back to Litchfield with the serjeant and the rest of your
escort. - A. Yes.
Q. You had some conversation with the serjeant. A. No.
Q. Nor the rest of you. - A. I never heard any of of them.
Q. The serjeant and the deceased were not upon good terms upon the course
of your march, were they. - A. No, they quarreled at Northampton.
Q. At the time they halted at Barnet the deceased d * d both the officer
and the serjeant. - A. Yes, that was the last halt.
Q. Did he say it quite loud. - A. Yes, the best part of the escort heard
Q. He, a prisoner about to be tried for desertion, d * d the officer and
the serjeant too. - A. Yes.
Q. And when the prisoner said he would not go on, he said he would prick
him with the pike. - A. Yes.
Q. And then the deceased said, if you prick me, I will kill you if I can.
- A. Yes.
Q. So that if the serjeant had not gone away he would have knocked him
down. - A. Yes, the deceased stepped forward to hit him.
Q. So that if the serjeant had not gone away, he would have knocked him
down. - A. Yes.
Q.. How far did he step. - A. About four steps.
Q. Then he must go about three or four yards. - A. Yes, to make his blow
Q. And the blow that he made to the serjeant was so violent, that if the
serjeant had not got away, it would have knocked him down. - A. Yes.
Q. Do not you think the blow touched the serjeant. - A. No.
Mr. Knapp: You say he made three or four steps forward, you do not mean
to say that each step is a yard at a time. - A. No.
WILLIAM PRICE: sworn. Examined by Mr. Knapp.
Q. Were you one of the escort bringing the deserters from Litchfield.
- A. Yes.
Q.. Do you remember Kirby the deceased being one of the deserters. - A.
Q. What was his conduct coming along the road. A. Sometimes he would be
very stubborn, and use ill language to the officer and serjeant; he d
- d and bl - d them, and called them all the rascals he could think of;
when we got to Barnet the deserters refused going any farther.
Q. Was the deceased one of the most active of those that refused to go
any further. - A. Yes, the serjeant desired him to go on; he said I will
not for you nor the officer nor any of the party, and d * d the officer
and serjeant; the officer gave the word, Shoulder arms, and told the parties
to go forward, march quick time; upon which the men were going; Kirby
laid hold of the rope and pulled the party backwards, the serjeant at
the same time struck at him with the pike.
Q. Did he hold up his hand towards the serjeant as if he was going to
strike at him. - A. Yes, it was aimed to strike him, but it did not hit
Q. Then you saw the serjeant strike him with the halbert or pike. - A.
Yes, the deceased and the serjeant were about two yards distant.
Q.. How did the serjeant aim his blow at the deceased. - A. From what
I saw, the way that he meant to strike him was on the shoulder.
Q. Can you tell us what part it would have been likely to hit him with
the halbert. - A. About a foot or eighteen inches from the top part of
Q. Then it would be with the wood part of it. - A. Yes.
Q. What was the position of the deceased at the time he received the blow.
- A. He stood upon his legs.
Q. Did he run from the blow. - A. Yes, and the deceased received the blow
as he was retiring from it; he was struck with the cross-bar on the head.
Q. Supposing the deceased to have stood his ground, and not to have receded
from it, would the cross bar have hit him then. - A. It would not.
Cross-examined by Mr. Gurney:
Q. After you had delivered the deserters, you went back to Litchfield
with the prisoner. - A. Yes.
Q. Of this unlucky occurrence had you any conversation among you. - A.
Q. Did not the serjeant talk to you about it. - A. No, nor I to him.
Q. Did you never open your lips about it before you come here to-day.
- A. Not among the escort, I have to other people.
Q. You say the conduct of the deceased was somewhat stubborn. - A. Yes.
Q. Was the serjeant and the deceased upon good terms on the course of
the march. - A. They were when they first started.
Q. Of course, because they were strangers, when they got to Northampton
it was otherwise. - A. Yes.
Q. And they were upon ill terms all the way to Barnet. - A. Yes.
Q. The deceased was to be tried for desertion. - A. Yes.
Q. And he knowing he was to be tried for desertion, d - d the officer.
- A. Yes, I believe every one of the party heard it.
Q. And he made a violent blow to the serjeant. - A. Yes.
Q. How many steps did he take when the blow was attempted to be given.
- A. Two or three steps from the line.
Q. And made a violent blow at the serjeant with his double fist. - A.
Q. If it had hit the serjeant, I suppose it would have knocked him down;
do you know where he aimed to strike him. - A. From the way that he struck
at him, I think it was his head.
Q. And every body could see him. - A. Yes.
Q. Do you remember what the serjeant said before he struck the deceased.
- A. He told the deserters to go on.
Q.. When he lifted the halbert to strike the deceased, upon your oath,
did he not say d - m you, I will murder you. - A. I do not recollect his
saying the words.
Q. How near was you. - A. About four or five yards from them.
Q. He struck very gently. - A. Yes.
Q. He did not mean to hurt him. - A. I do not think that he did.
Q. He meant to give him a gentle pat on the shoulder only. - A. Yes.
WILLIAM WILTSHIRE: sworn. Examined by Mr. Knapp.
Q. I understand that you had the command of this escort. - A. I had come
from Litchfield with them.
Q. You remember the deceased being one of the deserters. - A. Perfectly
Q. Was he quiet and peaceable under your orders during the march. - A.
No, excessively riotous all the while; at Northampton I had some difficulty
in getting them into a goal, the town goaler refused taking them in; the
serjeant and the deceased had a dispute, I said nothing to him, and when
I had them put into a goal, and the prisoner for his ill conduct was put
into a lower cell; the next morning they marched, I believe we went to
Newport; the day after we went to Dunstable, and when we halted the serjeant
took me to a stable to shew me to put the deserters in, it was a good
stable, but the price was too high; I asked them whether they would take
that stable or go on to St. Alban's, some were willing to go on, and others
were not, they wished for refreshment; I told them when they got to the
end of the town, and the mob had left them, I would give them refreshment,
the majority being willing to go on I gave the word, Quick march, and
ordered them to go forward; they all went on but this Kirby, he seized
hold of the rope with his right hand, and pulled the men back, and swore
that he would not go on, I went up to him, drew my sword, and struck him
with the flat part of the sword, on his back, then he moved on; when I
got to the top of the hill, this side Dunstable, I halted; the deceased
then seemed content; after he had some drink, and after he had received
his refreshment, he swore that he did not mind if he marched to London
that night, he only considered his wife and child that were behind; we
then marched on to St. Alban's, where we put them into a goal; the next
day being Sunday, we marched for Barnet, intending at the same time to
make London, as I was allowed eight days to march from Litchfield to London;
this was the last day I had for my march; in the former part of our march
the roads were excessive bad, and they would not go more than eight miles
a-day; when we got to Barnet the deserters supposed they were to halt
there; when they saw that I did not give the word to halt, they halted
themselves, and my not wishing them to halt in the street, to have a mob
about them, I told them to march to the end of the town, I would there
halt and give them refreshment; when we got towards the end of the town,
they halted again; I immediately asked what was the reason for halting,
they answered that they wanted refreshment; I told them that I would not
halt there, but if they would go on about half a mile to a public house,
we there would have refreshment.
Court. Q. You knew there was a public house there. - A. Yes.
Mr. Knapp:. Tell us the reason for your not stopping in Barnet. - A. Because
a crowd would come about the deserters; some of the escort had ordered
their arms, I told them to shoulder the same; the deserters moved on,
particularly the three leading files, upon which Kirby, the deceased,
took hold of the rope with his right hand, saying, he would be d - d if
he would move for either officer or serjeant; seeing a number of people
round the escort, I turned round to them, and told them to go away; I
then saw serjeant Mack standing about the third file, on the right of
the escort; I saw the deceased extended with the rope, he pulled the man
on the left out of the line, very near to serjeant Mack; at which time
I saw Mack lift his halbert, and make a blow at the deceased, which blow
I am very confident had the deceased remained in the situation he was
in, would have struck him with the wood of the halbert; when he saw the
blow coming, he moved himself and fell away, by which means he received
the cross bar of the halbert in his head.
Court: By moving himself he brought himself within the reach of the cross
iron of the halbert. - A. Yes.
Mr. Knapp: Q. Upon the solemn oath you have taken, do you believe from
the manner in which the blow was given by this man, it was meant to hurt
him on the head. - A. Upon my oath, I do not believe it was, and I am
very positive, had the man remained in the situation he was in, the iron
would not have hit him on his head.
Q. Had you known any thing of this serjeant previous to the time you had
him at Litchfield. - A. I was the officer who received him as a volunteer
from the Lancashire militia, of which he was a private; I received an
exceeding good character with him from the officer; I have paid more attention
to his behaviour than to any other serjeant; he has always behaved well;
I never found him inhuman.
Q. We have heard that the prisoner has been a deserter. - A. When we received
the volunteers, they were ordered to the Isle of Wight, to join the first
battalion; we left the volunteers there, at the Isle of Wight, the prisoner
was one, and he, in consequence of the good character from the Lancashire
militia, was made a serjeant in the second battalion, in the thirty-eighth
regiment; and after I had left there, he received a pass from the Isle
of Wight to Lancashire; when he got this pass he was proceeding to join
his regiment, and some person took him up as a deserter.
Cross-examined by Mr. Gurney.
Q. You say he was excessively riotous several times, you marched in the
rear of the escort, can you tell me of any other instance that you know
of your own knowledge. - A. Frequently going along the road, I have heard
him speak words that were very incorrect, both to me and the serjeant.
Q. From Newport you marched all the way to St. Alban's, that was thirty
miles, that was a very long march. - A. It was.
Q. A very unusual march for deserters. - A. It was.
Q. You stated that you thought there was a public house half a mile this
side of Barnet; in point of fact do not you know there is none till you
come to Whetstone. - A. I do not know exactly the place, I did not proceed
with the deserters; I sent the deserters on, and remained with the deceased,
to see that he was taken care of.
Verdict: Part Guilty of manslaughter. Punishment:
Confined Six Months in Newgate and fined One Shilling. Aged 31.
Second Middlesex Jury, before Lord Ellenborough.
17th September 1806.
Crime(s): theft : housebreaking,
Crime Location: Hadley, Middlesex
SAMUEL BRITTON was indicted for feloniously breaking and entering the
dwelling house of William Wagstaffe , about the hour of twelve at noon
on the 3d of July, no person being therein, and feloniously stealing six
silver tea spoons, value 15 s. five table spoons, value 4 l. five gowns,
value 5 l. one silk cloak, value 5 l. four petticoats, value 2 l. three
handkerchiefs, value 4 s. one waistcoat, value 3 s. two pair of worsted
stockings, value 2 s. two shillings, three sixpences, a silver twopenny
piece, and two silver penny pieces, the property of William Wagstaffe
WILLIAM WAGSTAFFE: sworn. I live at Hadley, Middlesex.
Q. Do you remember the day your house was robbed. - A. Yes, the 3d of
July; I left my house myself between six and seven o'clock in the morning;
my wife left it about ten o'clock.
Q. Was the prisoner with you any part of the day. - A. He was with me
in the field a haymaking, I had hired him to haymaking.
Q. How long was he at work in the field with you. - A. Till about ten
in the morning.
Q. Had you hired him at your house or in the field. - A. He had been at
my house about a fortnight before, he slept where I was haymaking, that
is about two miles from my house.
Q. How came he to go away about two o'clock in the morning. - A. He had
got a wooden leg, he told me he could not do any more work without he
got it repaired; he asked me to let him go and get
it repaired; he accordingly went away.
Q. Did he come back again. - A. No.
Q. How long did you continue in the field. - A. Till about seven o'clock
Q. And he never came back. - A. No.
Q. What time did you get home. - A. About half past eight.
Q. In what condition did you find your house when you got home. - A. I
found a pane taken out of the window, and the back door open, and the
window case was open.
Q. Was your wife or any body at home when you came home. - A. Nobody was
Q. Did you go into your house to see if you had missed any thing. - A.
Yes, my wife and I went home together, I missed three large silver table
spoons and six silver tea spoons out of a cupboard; my wife went up stairs
and missed other things.
Q. You left her at home when you went out in the morning. - A. Yes.
Q. Had you seen these spoons in the morning or the night before. - A.
I had not myself.
Q. Did you afterwards see any of these things. - A. No; in consequence
of suspicion I sent a man after him that night; I could not find him.
REBECCA WAGSTAFFE: sworn.
Q. When your husband went out on the morning he has been speaking of,
he left you at home. - A. Yes, I went out between eight and nine, I left
nobody in the house, I went into the hay-field to my husband, and continued
with him till we went together home in the evening.
Q. When you went out in the morning did you fasten the windows and the
door of your house. - A. I fastened them all.
Q. Were there any pane of glass broke in your window in the morning when
you went out. - A. No, when I returned with my husband in the evening
I found a square of glass broke and taken out of the casement, I found
the back door opened which I had fastened when I went out, there were
some marks on the outside window frame of some person getting in.
Q. You had left no children or servant at home. - A. Nobody at all, there
was nobody but my husband and me that was there.
Q. Did you miss any thing when you searched your house. - A. I missed
my tea spoons and my table spoons, and my sugar tongs, out of my cupboard.
Q. When had you seen them in the cupboard before. - A. In the morning
before I went up stairs and searched my drawers, I missed two table spoons
from up stairs and three from down, and I missed my tea spoons and some
Q. Did you miss any other clothes. - A. A gown, petticoat, and a black
silk cloak; I have seen a few of the things since.
JONATHAN TROTT: sworn. I produce two handkerchiefs, a pair of worsted
stockings, and a silver penny piece, I received them from the constable
of Hadley; I heard of the robbery, I went down there by order of the magistrate;
the other handkerchiefs I received on the Sunday following at the sign
of the Hart's-horn of the publican, who had received it from a waggoner;
I looked at the window, and the place where it was broken open, I could
see it was opened by a knife or some sharp instrument; the glass was taken
out of the lead; the prisoner was taken on the 10th of July and brought
to our office. As I was going to the prison with him he acknowledged having
five spoons, and this paper he said he had borrowed of the post boy to
wrap them up; he said he had found them, he denied that at the office.
THOMAS FENNING :sworn. I am constable of Hadley.
Q. Did you deliver to the officer Trott some handkerchiefs, and stockings,
and penny pieces. - A. Samuel Barling , the man that was with Mr. Wagstaffe,
brought them to me.
SAMUEL BARLING: sworn.
Q. There is a handkerchief and a pair of stockings, do you know any thing
of them. - A. That handkerchief and pair of stockings I bought at the
Bull, Pit's End, of the prisoner that stands there, on the same day the
robbery was done, between two and three o'clock in the afternoon; I heard
of the robbery the next day. After I had had my dinner in the public house
the prisoner came in and called for some liquor, he sat a considerable
time, then he pulled out these stockings and asked who would buy them,
he said he must sell them, he wanted money
Q. Did you ask him whose they were and how he came by them. - A. No; after
I bought the stockings, he fetched the handkerchief out of the waggon,
he had put his bundle in the waggon, the waggon was standing at the door,
I bought the handkerchief, the silver penny piece he gave me, he said
he brought that from the Cape of Good Hope; I delivered these things to
Mr. Wagstaffe, I saw him give them to Fenning the constable; I am sure
the prisoner is the man.
Q. (to Mrs. Wagstaffe) Look at these pair of stockings, have you seen
them before. - A. Yes, they belong to my husband, I know them very well,
I am sure they are his; to the best of my knowledge there is no mark on
them, one has a blue top and the other has not; the handkerchief I know,
it is silk and muslin, it is mine, I have had it above a twelvemonth,
I made it myself; the silver penny piece is mine, he took it from a little
trunk, I know it by the colour, it changed colour by laying, I had such
a piece and several others, which I missed; when I went out in the morning
this handkerchief was in one of my drawers up stairs; and the stockings
were in a chest which stands in the back kitchen.
JOHN PENDRY: sworn.
Q.What business are you. - A. I was at Barnet on the 3d of July, I was
returning home with my father's chaise empty, about four o'clock in the
afternoon; as I was coming by the Hart's-horn in Barnet, a man came out
of the house and asked me if I would take a person to town, I said I would
take him up.
Q. Who was the man you took up. - A. The prisoner; he had a wooden leg,
and a bundle with him; when we come to Whetstone he asked me stop at the
first public house we come to, to borrow some paper to put some spoons
in that he had brought from the Cape of Good Hope.
Q. Did you see any spoons. - A. I had them in my hand, there was five
table spoons, he put them in the paper, and put them in his pocket; I
brought him to town and set him down at the Blue Pig in Tottenham Court
road with his bundle; he went away from me towards St. Giles's church,
I saw no more of him.
BENJAMIN CLEMENTS: sworn. I apprehended the prisoner on Hadley Green,
just a week after the house was robbed, I delivered him to the constable.
JOHN: sworn. I was with the last witness when he was taken. I knew him
when he worked for Mr. Wagstaffe, I saw him the day the robbery was, at
the Hart's-horn, I was there putting a horse's shoe on; he came in the
waggon, and was set down in the yard about four o'clock in the afternoon,
he had a large bundle with him, I saw some silver spoons in his coat pocket,
they stuck out, he said he brought them from the Cape of Good Hope to
the waggoner; he offered to sell them, he said he had a good many things
for sale; I saw him get into the chaise at the gate.
THOMAS NICHOLSON: sworn. I am a police officer; the prisoner at the bar
was delivered into my custody by the prosecutor and others on the 10th
of July; on searching him I found a red and yellow handkerchief with a
stocking rolled in it, the fellow stocking was on his leg; I produce them.
Q. (to Mrs. Wagstaffe) Look at those handkerchiefs and stockings. - A.
The stockings are my husband's, I know them by the darning, I darned them
myself when I went out in the morning, I left them on the arm chair in
the house; this handkerchief is mine, it has got some slits in the corner,
which I know it by, it was in one of my drawers up stairs.
Q. There has been no other things found has there. - A. No.
Q. Are you a judge of the worth of these articles that have been produced.
- A. I suppose about twelve shillings.
Prisoner's Defence: I never was in their house.
Verdict: Guilty. Punishment: Death. Aged 32.
First Middlesex Jury, before Mr. Justice Le Blanc.
A Hanging at Newgate
21st May 1817
WILLIAM MATTHEWS, .
Crime(s): theft : simple grand larceny,
WILLIAM MATTHEWS was indicted for stealing, on the 26th of April, one
bushel of chaff, oats, and beans (mixed), value 5s. , the goods of Thomas
THOMAS NEWMAN. I keep the Green Man, at Barnet; the prisoner was my carter.
I suspected him, and told the patrol to watch him.
FREDERICK PROPSTRING: I am a patrol. On the 26th of April, about four
o'clock in the morning, I went to Mr. Newman's back premises, and saw
the prisoner with a sack on his back; I followed him to the Black Horse
public-house, which is about two hundred yards off; he went on one side
of the pond on the common, and I on the other - I there secured him, and
asked him what he had got; he said it was corn to take to his house, and
he hoped I would forgive him. I secured him, and took him to Dawkins -
He begged of us to forgive him, as it was the first time he had robbed
his master. We desired him to take the corn to where he got it from; he
took it back to Mr. Newman's yard. I gave him in charge.
NICHOLAS DAWKINS: I am a patrol. On the 26th of April, the prisoner was
brought to me, he said he took the corn out of his master's stables. I
told him to take it back, which he did, and put it in the binn; he said
it was the first time he had robbed his master, and begged forgiveness,
Verdict: Guilty. Punishment: Confined Six Months,
and Whipped. Aged 20.
Second Middlesex Jury, before Mr. Recorder.
21st April 1819.
GEORGE GIDDENS, THOMAS TOWNSEND,
Crime(s): killing : murder,
Crime Location: Hadley Green Middlesex
GEORGE GIDDENS and THOMAS TOWNSEND were indicted for the wilful murder
of William Matthews .
FREDERICK PROPSTRING: I am constable of Hadley. On the 9th of March, between
three and four o'clock in the afternoon, I saw the prisoner, Giddens,
in the yard of the Green Man, at Barnet. He said that he had met with
a great accident, that he had run over a child at Hadley-green, and he
believed it was dead; in consequence of which, I went to the spot, and
found the child lying there, dead, in a house - its friends had taken
it up; the Green Man is about half a mile from where the accident happened
- it is in Middlesex. The child's name was William Matthews ; it was three
or four years old.
WILLIAM COX: I was filling a drift cart in the road, between two and three
o'clock, and saw three chaises coming along towards Barnet; they were
a very little way from each other. The one that did the accident was going
at a very moderate pace, the other two drove faster, and passed it. There
was a gentleman in each of the chaises.
Q. Were they driving faster than the usual pace - A. After the accident
they mended their pace, as the rattling of one chaise passing the other
appeared to frighten the horse of the chaise that did the accident; the
horse glanced off; I did not see the child till after it was picked up.
When the chaise came up to me, I heard the gentleman in the two first
halloo out, and then the postboys mended their pace; the other chaise
pulled up directly the accident happened. I held the horse, while the
gentlemen got out, and the chaise went on for a surgeon. I stopped till
Mr. Booth, the surgeon came; I saw Evans take the child up, and take it
to a house opposite the road, where the child belonged to; Giddens drove
the chaise that rode over the child - the spot where the accident happened
was about two yards from the side of the road, but when the horse took
fright it turned quite off; it appeared to me to be going at a very proper
pace. Both the gentleman and the postboy got assistance immediately.
MATTHEW COX: I saw the chaise pass as I stood at my own door. A man named
Veals drove one, he passed Giddens, who was going at a moderate pace -
Veals got by about twenty or thirty yards. Then Townsend's chaise was
passing Giddens's, and Giddens's horse threw out of the road, and ran
against the child - it knocked it down. I ran over, and Evans picked the
child up; it was carried to its grandmother's house just by, and left
in her care. It was hurt about the head; Evans tried to sit it on its
feet, but it could not stand.
Q. Did it appear to you that Giddens was driving improperly - A. No, he
was driving at a steady pace, as he ought to do - it appeared to me to
be quite an accident. Veals drove one of the chaises, and Townsend the
other - they were going faster than the prisoner's.
PHILIP EDRIDGE: I live at Hadley. I saw Giddens driving at a steady pace
of seven or eight miles an hour; the other two passed him, and drove very
fast - they appeared to be racing. I saw the chaise standing in the road,
and William Cox holding the horse, after the accident.
HENRY LANOY HUNTER, ESQ:. I was passing in the road on horseback, when
the accident happened, and saw three chaises coming towards me, some of
them were driving very hard; I got a little out of the road, in order
to let them pass, and saw one of them drive over the child, but cannot
take upon me to say that it was one of those that were driving fast. Immediately
after the accident I rode into Barnet for a surgeon, another man ran by
the side of my horse all the way. I sent the man for a surgeon, and Mr.
Booth immediately went in the chaise that caused the accident.
Q. Did you see the horse startled - A. I did not mark that circumstance
- I should think the men were not driving very hard.
DAVID EVANS: . I did not see the accident. I ran and picked the child
up, who was laying in the road; it could not stand, and was very bloody.
It died in about three quarters of an hour, and was very much bruised.
Verdict: Not Guilty.
First Middlesex Jury, before Mr. Baron Wood .
17th May 1820.
Crime(s): theft : animal theft,
Punishment Type: transportation,
Crime Location: Galley-lane, Barnet Common
EDWARD BRADY was indicted for stealing, on the 20th of April, one ass,
price 11 s., the property of Samuel Brigg , and one ass, price 20 s. ,
the property of James Pitter .
SAMUEL BRIGGS: I am a mat-maker, and live at Barnet. On the 20th of April
I turned my ass out in Galley-lane, Barnet Common, between seven and eight
o'clock at night, and missed it about five o'clock in the morning - I
found it a week after in possession of Cousins. The prisoner is a stranger.
JAMES PITTER: I am a labourer. I lost my ass at the same time.
CHARLES COUSINS: I am keeper of the watch-house at Hampstead-road. On
the 21st of April, at three o'clock in the morning, the prisoner was brought
to me with two asses - he said they were his own, that he bought one at
Smithfield three weeks ago, and the other three days ago. The prosecutors
claimed them, and described them before they saw them.
WILLIAM HOOPER: I am a watchman of Hampstead-road. About a quarter past
three o'clock in the morning of the 21st of April I stopped the prisoner
on the road with two asses, he said he bought them at Smithfield.
Prisoner's Defence: I met two men with four asses, and gave them 1 l.
for two. They told me how long they had had them, and I thought proper
to say the same.
Verdict: Guilty. Punishment: Transported for Seven
Years. Aged 18.
First Middlesex Jury, before Mr. Common Sergeant.
Crime(s): theft : specified place,
Crime Location: Hadley, Middlesex
JOSEPH PERKINS, was indicted for stealing, on the 31st of May, one watch,
value 3 l.; one chain, value 1 s, and one key, value 6 d., the goods of
James Bowers , in the dwelling-house of Ralph Ebert .
JAMES BOWERS: I am a bricklayer; and lodge at Hadley, Middlesex, at Ralph
Ebert 's house. I have the front room, up stairs; the prisoner lodged
in the same room; I lost my watch on the morning of the 31st of May, he
had gone out very early in the morning; I missed it from the chair when
I got up, it was silver; I have had it ten years, and gave 5 l. for it;
it had a steel chain. He never returned, he had lodged there three weeks,
and did not say he was going - I found him the same day at High-gate,
in custody with the watch.
THOMAS BRETT: I am an officer. About half-past three o'clock in the morning,
I was going down Highgate-hill, the prisoner came towards me, in a direction
from Hadley; I stopped him, and searched him, and found the watch in his
waistcoat pocket - he could not tell the maker's name; I asked where he
came from, he said, from Barnet, about three o'clock - I said, that was
impossible; and I was sure he had stolen it, and gave him in charge; I
found it belonged to Bowers.
JOHN LOPPENT: I took him into custody; he told me he took it off the chair.
(Property produced and sworn to.)
Prisoner's Defence: He said, at Bow-street, he had it nine years.
Verdict: Guilty of stealing to the value of 39 s.
only. Punishment: Transported for Seven Years. Aged 22.
First Middlesex Jury, before Mr. Common Sergeant.
14th September 1826.
Crime(s): killing : murder,
Crime Location: Barnet church
Before Mr. Justice Littledale.
RICHARD WELLS was indicted for the wilful murder of Frances Farbridge
MR. ANDREWS conducted the prosecution.
HENRY FARBRIDGE: I live at Bethnal-green. On the night of the 13th of
June I was coming from Barnet, with my wife, in a one-horse chaise - she
sat on one side of the chaise and her mother on a fixed seat in front,
with a child in her arms; I started about nine o'clock - it was quite
light; my chaise had no hood. I heard a coach coming behind me, and a
horn blow; I was then directly opposite Barnet church - it was nine o'clock
by the church clock; I had not gone ten yards before the leaders of the
mail came near me - I was then nearer to the proper side of the road,
which was the left; I was nearer than three feet of the footpath; I looked,
and think there was sufficient room for a large waggon to pass me, but
not for a waggon and mail also; as I cast my eye to see if there was sufficient
room I saw the leaders, and immediately looked to see if the coachman
was pulling up, as it was too near me - he was not pulling up; I had no
time to get further away; the fore-wheels or the cross-perch immediately
struck my chaise, and turned the horse's head nearer to the right side;
the hind wheel of the mail drove us completely over; my wife was thrown
between the two wheels of the mail; I came down by the hind wheel, and
caught hold of the wheel, as the coach was then stopping; seeing my wife's
head had become a stop to the wheel, I thought she was killed, and had
no power to raise her. I turned round to the coachman, and said, "You
villain, you have been the cause of this;" he said, "Me, it
was no fault of mine - my guard blew the horn," and I think he said
he called to me, and I should have got out of the way. I went round to
the other side, between the coach and the church-yard, as he said there
was not sufficient room; I said, "Here is almost room for another
coach;" he made little or no reply; I should think there were six
or seven feet of room from the off side of the mail to the wall; I have
since ascertained the distance was seven feet. My wife was taken away
by somebody - I did not see her for a quarter of an hour. I asked the
coachman to come down and give me his address, which he did on my second
or third application. The accident happened on a flat high road; there
is no hill. I was driving at the rate of seven or eight miles an hour
- it was quite light. My wife was in good health before - she remained
at Barnet eleven days, and was then brought home, and died at Bethnal-green.
Mr. Jeffs attended her. On the following morning, between three and four
o'clock, I went into the road to survey in what situation I had been,
and found my wife's ear-ring broken in the dust, and conclude that was
the very spot where the wheel came in contact with my wife's head - I
measured the road with my feet; the ear-ring was nine footsteps and a
half from the foot-path, on my side. I did not measure the distance to
the other side.
Cross-examined by MR. BRODRICK:
Q. Do you know the width of the road? A. Twenty-three feet; there is a
post to keep the carriages from going against the church-wall, but the
wall turns off round just there, so that it does not occupy any space.
My mother-in-law sat, as it were, between us. I heard the horn blow -
I merely looked aside, and saw the leaders - they had not at that moment
passed me; I saw their heads approach as I looked round; my eye was on
the leaders, but at the same time on my own horse; they became like three
horses abreast, as I just looked sideways. The wheel did not go over my
wife's head. I had just started from the Wellington, public-house, and
was going rather faster than usual - I was perfectly sober. I had not
started above a minute - my pony was pretty fresh. Mr. Morris attended
my wife at Barnet.
Q. Was she not removed contrary to his orders? A. He seemed unwilling
for her to go, and said he considered it as dangerous for her to go as
at first, but she always said, "I shall die, and let me die at home"
- she was moved in a glass-coach.
Q. Is there any post on the side of the road to diminish the space left
for the mail? A. I believe there is a post against the wall, but it could
not make more than a foot difference.
JOHN ALLSOP: I am a farmer. I had been to market on this evening; a gig
passed me, and then the mail passed - I heard the horn blow, and saw the
mail strike the gig - I cannot say what part of the mail struck it; I
was ten or twelve yards behind them. I saw the deceased almost under the
coach wheel; the coachman had stopped then - I had not seen him endeavour
to stop before he struck the gig; it appeared to me that the gig was in
danger. There was plenty of room for the mail to have gone more to the
right; I stopped the chaise-horse; I saw somebody with his shoulder to
the wheel of the mail, as if pushing it back; the mail went at about the
regular rate, about ten miles an hour, I suppose. I think there was no
want of care on the coachman's part - he was on his right side. The prisoner
was the coachman.
Q. Where were you when the gig and mail passed? A. Nearly opposite the
King's Head public-house, walking in the road. I was as near the middle
of the road as possible after they passed. The mail stopped directly the
accident happened. I was behind, and saw the mail and the gig.
ROBERT JEFFS: I am a surgeon, and live at Shoreditch. I saw Mrs. Farbridge
the morning after the accident; there were three fractures on her lower
jaw, and a dreadful contusion, extending the whole length of the neck
- her collar-bone was fractured, and the shoulderbone much bruised, and
injured; she had great difficulty of breathing, and altogether it was
a horrible case; I was convinced she could not live - she was sensible,
but could not speak. I recommended her being brought to town, which was
done in nine or ten days - I then attended her daily - she mended for
a day or two, but died on the 5th of July. I believe the actual cause
of her death was inflammation of the lungs, produced by the external injury.
Q. Had inflammation taken place when she was moved? A. I believe it commenced
when the injury was given, and gradually increased till she died; I only
saw her once at Barnet - I advised her coming home, that she should have
a physician. I thought the case was dangerous from the first; her removal
would not increase the inflammation in the state she was in.
Prisoner's Defence. I was coming very steadily round Barnet - it is a
very dangerous place. I saw the chaise; the guard blew the horn, and I
hallooed out; I was pulling up my horses at the time; the wheel got entangled
with my wheel; her head was under my wheel: I was as careful as a man
could be. I have driven the mail twenty-two years, and never had an accident.
Prisoner to HENRY FARBRIDGE.
Q. When you turned aside a little, and saw the leaders, can you say you
did not pull the right-hand rein a little? A. I pulled to the near side
when I was opposite the clock, but pulled neither right or left afterwards;
I am certain I did not pull them when I turned. I have been used to drive
for about twenty-three years.
GEORGE CHRISTOPHER HUDSON: I am post-master at Barnet. I saw Mr. Farbridge
drive by my house, with two other persons in his gig; I thought by the
manner of holding his reins he was not accustomed to drive, and was fearful
an accident might occur, as I heard the mail go by - I did not see the
Q. Where did you see him? A. Passing my door; he might get perhaps fifteen
yards before the mail got to my door. The ground slopes rather towards
London; the road is about eight yards wide where the accident happened;
three carriages might pass with careful driving.
EDWARD RANS: I was guard to the Liverpool mail on this night. At Barnet
we saw a gig before us - I blew the horn full one hundred and fifty yards
off, and continued to blow till we got up to it, and the prisoner hallooed
as well; the horses and the fore-wheel cleared the gig, but instead of
the prosecutor drawing his rein to pull out, he stopped for an instant,
and came back on the carriage - the horse jibbed back as it were, and
so the mischief happened; the step of the mail struck the gig - our splinter-bar
projects as near the extremity of the wheel as possible - the bars of
the leaders project as near the same length as possible, and, if they
pass without touching, we consider that the coach itself will pass. The
prisoner pulled up immediately - he must have had his horses very tight
in hand - the wheel did not go over the deceased.
Q. Did you ever drive? A. I have in case of emergency - but seldom; the
lower step of the coach turns up - I cannot say whether it was turned
up - the chaise might have turned it down - it came exactly against it,
and bent it - we were on our proper side; I do not believe there was more
than three feet of room on our right side, but there was room to pass
if the horse had not knocked against the carriage; the backing of the
gig caused the accident. As soon as the coachman got somebody to mind
the horses he went in and gave his address. We were not going at more
than seven miles and a half an hour - our time from South Mims to town
is an hour and forty-five minutes - it is fifteen miles and a half - we
were coming up. The prisoner has surrendered here to-day.
ELIZABETH KING: I live at Barnet. I was standing at my door, about ten
yards from where the accident happened; I had a perfect view of what passed
- I saw Mr. Farbridge, his wife, and mother, coming down in a gig, on
the off side, by the church wall - the horn blew some time before the
mail got up - Jervis, who was at my house, called to him three or four
times to come on his own side, and the coachman hallooed some time before
he got up. Mr. Farbridge drew directly across the road - the mail was
on its own side - the right rein was pulled by Mr. Farbridge or his mother,
and that occasioned the accident; I saw it plainly - the coachman stopped
instantly. The deceased was brought to my house, and remained there eleven
days. Mr. Morris saw her three or four times a day - she got much better,
and was in a fair way of doing well.
Q. What are you? A. My husband keeps an ironmonger's shop there - the
prisoner was quite a stranger to me - he called six or seven days after
the accident, to know how she was. I heard Jervis call to Mr. Farbridge
to come on his own side - the mail was then about twenty yards from him
- he had time to get out of the way.
Q. Had not the coachman time to stop? A. I do not know - I should not
think he had occasion to stop. I swear that Farbridge was on his wrong
side - my house is directly opposite the church-yard corner.
Q. When the gig was called to it crossed over to its proper side? A. Yes.
Mrs. BETTY: I live next door to Mrs. King. I was at my ground floor window,
which is rather high - I could only see straight before me - I heard a
horn blow, and a hallooing, that made me go to the window, as it was a
particular noise; I saw a gig coming with particularly large wheels -
the Liverpool mail came on its own side of the road, as near as it could
be with propriety to the iron railing of the church-yard; the horses and
the fore-wheel passed the gig, then the chaise, instead of going straight
on (for then the coach would have cleared it) instantly flew back towards
the coach doors, and immediately upset.
Q. As far as you can judge, what occasioned the accident? A. Great neglect
in driving, on Mr. Farbridge's part - but I am not used to drive - if
he had gone straight on he would have cleared the coach.
Q. Are you acquainted with Wells? A. I never spoke to him: Farbridge was
on his right side when I saw him.
JAMES CLARK: I keep the King's Head public-house, at Barnet, on the opposite
side to the church. I stood in the foot-path, in front of my door, about
thirty yards from where this occurred, and could see what happened perfectly
well. I first saw the gig on the same side as my house - I saw the mail
coming from the post-office - the gig passed my door, and the horn blew
- instead of the gig keeping on that side it darted towards the other
side - the coachman hallooed very loud when he got nearer to it - the
horses and front of the coach passed, but the man in the gig pulled the
rein, which pulled the horse from the coach and turned the back of the
gig into the lock of the coach. This, in my opinion, caused the accident
- I am not acquainted with the prisoner.
Q. You think it was occasioned by the driver of the gig bringing the hind
wheel into the lock of the coach? A. Yes; if it had kept on properly it
would have been within a foot of the coach.
Q. Was there not at least seven feet of space where the mail might have
gone to the right side and not been near the gig? A. No, there might be
about six inches from the mail to the post, but I did not measure it -
there is a drain which it must have gone on if it had gone nearer.
Q. Where was the drain? A. Near the coach - there is a post to keep coaches
from running on the drain, which is between two and three feet from the
JOHN CLAY: I keep the Mitre public-house, at Barnet. I was about forty
yards off when this accident happened, but cannot state the particulars.
I went up before the coachman got off the box, and saw where the mail
had pulled up - I measured the distance of the hind wheel to the post
- there was only the length of my foot between the wheel and the post;
it had not moved for I saw the blood lay under the step; I measured the
road yesterday - it is twenty-two feet six inches from the post to the
near side of the road - the fore wheel of the coach stood against the
post - the hind wheel would have come nearer to it.
Q. Could not three carriages go abreast in that space? A. Yes - the gig
was in the middle of the road - there must have been a space of about
two yards and a half on his near side.
Verdict: Not Guilty.
29th May 1828.
Crime(s): theft : simple grand larceny,
Crime Location: Beech-hill, near Barnet
THIRD DAY. SATURDAY, MAY 31.
First Middlesex Jury. - Before Mr. Sergeant Arabin.
JAMES KORLEY was indicted for stealing, on the 12th of May, 1 pair of
stays, value 10s. the goods of Richard Langdale .
SARAH LANGDALE: I am the wife of Richard Langdale - we live at Beech-hill,
near Barnet; he is a farmer's servant. These stays were put in the drying
ground to bleach; the ground is attached to the house, near the road side,
and is hedged round; I missed the stays about five o'clock in the morning
- the constable brought them to me the next day; the prisoner served bread
about the village about a year ago, and lived about a mile off.
FREDERICK PROPSTRING: I am constable of Barnet. On the 12th of May, about
six o'clock in the evening, I overtook the prisoner behind Barnet church,
about two miles from the prosecutor's, and found these stays in his hat,
quite wet - I had information about him and two others; he said he had
found them on Barnet common.(Property produced and sworn to.)
GUILTY . Aged 19.
Verdict: Guilty. Punishment: Transported for Seven Years.
4th December 1828.
Crime(s): theft : simple grand larceny,
Crime Location: Hadley
WILLIAM WRIGHT was indicted for stealing, on the 24th of November, 1 axletree,
value 25s.; 2 springs, value 25s., and 4 scroll-irons, value 3s. , the
goods of Joseph Paul Wells .
RICHARD MILLEN . I am an officer. On the 24th of November, I saw the prisoner
offering some springs and an axletree for sale, at a shop opposite my
door, in Cow-cross - they were brought in a cart, by the prisoner and
another person; the axletree was partly concealed, so that a person might
have supposed it was a pole - they took them out, and put them into the
cart again; I went up to the prisoner, and said I thought it was not all
right - he said it was his own property, and he would sell them to me,
if I would buy them - that he had taken them from his own cart the day
Cross-examined by MR. CHURCHILL.
Q. What do you mean by being concealed? A. Part of it was in a bag - it
was in Cow-cross-street, a public street; the prisoner's sister's name
( Harriet Wright ) was on the cart, and Barnet, where she lived.
JAMES TIVOY . I was with Millen; what he has stated, is correct - at the
watch-house, I asked the prisoner where the cart was; he first said it
was lying about his premises, good for nothing - I said I would go and
see it; he then said it was no use, it was burnt.
JOSEPH PAUL WELLS . I live at Hadley, and am a watchmaker. I had a cart
there, which I saw safe on the Thursday before I missed the springs and
the axletree - that, I believe, was on the 20th of November; I left my
cart all correct, in a field belonging to 'Squire Barry - it was not under
a shed; the prisoner told me, several months before that, if he wanted
a pair of springs and an axletree he should know where to go; I said,
"If you rob me, you will rob a church" - these springs and axletree
are mine, and belonged to my cart.
Q. What do you know them by? A. They are two odd springs, and here is
some of the grass upon them, worn as it came from the field - it is almost
growing upon them now, upon my honour; Hadley is just beyond Barnet.
NATHANIEL LANSBURY . I live at Hadley, and know the cart - I saw it all
safe on Sunday morning, the 23d of November.
Prisoner's Defence. On Monday morning, the 24th of November, I came up
to Billingsgate, being a fishmonger, and one mile, from Barnet, I saw
these things in a cart, lying in the King's highway -
I took them up, put them into my cart, and went to market; I then went
to Cow-cross-street, and saw an iron-shop, and thought I would sell them
- this officer came in, and dragged me about like a dog.
GUILTY . Aged 29.
Verdict: Guilty. Punishment: Transported for Seven Years.
9th April 1829.
AMOS WILSON, JOHN WADSWORTH,
Crime(s): theft : simple grand larceny,
Crime Location: Black Horse public-house, at Barnet
AMOS WILSON and JOHN WADSWORTH were indicted for stealing, on the 27th
of March, 1 pair of shoes, value 6s., and 1 waistcoat, value 6d. , the
goods of Richard Pedder .
RICHARD PEDDER: I live at Mr. Brown's, the Black Horse public-house, at
Barnet. On the 27th of March I went to put on my shoes, and missed them
out of the room; the prisoners came to lodge, and slept there the night
before; my things were safe at six o'clock that morning.
JAMES MATTHEWS: I am a constable. I stopped the prisoners at Whetstone,
at nine o'clock - I found the waistcoat and one shoe on Wilson, and one
shoe on Wadsworth.
WALTER BOLD: These prisoners are recruits. I gave them a billet on the
Black Horse, and in the morning they marched away with me; I saw the officer
take the things from them; I had heard no complaints of them before.
WILSON: Verdict: Guilty. Punishment: Fined One Shilling
and Discharged. Aged 19 .
WADSWORTH: Verdict: Guilty. Punishment: Fined One Shilling and Discharged.
A tunnel leading from Newgate Street to the Old Bailey
8th July 1830.
HENRY PROPSTRING, HENRY JAMES, RICHARD EAMES,
Crime(s): theft : animal theft,
Crime Location: Hadley, Middlesex
HENRY PROPSTRING , HENRY JAMES , and RICHARD EAMES , were indicted for
stealing, on the 16th of June, 2 live tame geese, price 6s. , the property
of William Willey .
MARY WILLEY: I am the wife of William Willey - we live at Hadley, Middlesex,
not far from Barnet. On the 16th of June we turned out twenty-seven geese
to feed on the common - a lad came and told me some men had taken some
away; I went and missed two, which I have never seen since - this was
on Wednesday, between two and three o'clock; I knew Propstring very well
- his father has been constable of Barnet, and James lived on Barnet common
as a sweep; I do not know the other - they had a dog, and I believe Propstring
JAMES BEAL: I shall be eleven years old on the 5th of next month; I live
with my father and mother. I remember that Wednesday; I saw the prisoners
that day, between twelve and one o'clock, on Hadley common - Propstring
spoke to me, and asked where I was going - I said birds'
nesting; I knew James by sight - Propstring and Eames were lying down,
and James was getting some geese together with a brown dog; I did not
know whose dog it was - I hid myself behind a bush - I saw Propstring
catch a goose, and put it into a bag; they were all helping to catch them
- Propstring caught one, and put it into a bag; James caught another,
and put it into another bag - I kept snug behind the bush - they did not
see me; Propstring took one bag away and James another - I then came out
of the bush and counted the geese - I found twenty-five, young and old;
I went and told Mr. Willey.
THOMAS BARTLETT: I know Hadley common; on that Wednesday I saw the three
prisoners together about eleven o'clock - they went through the gate at
that time, and so did I; I did not see any bag.
ROBERT BEAL: On the Wednesday in question, the prosecutrix came to tell
me she should want me the next morning to go and take the prisoners, which
I did on the 17th of June, which was Thursday.
Propstring's Defence. At eleven o'clock James and I were in bed together;
I had taken physic, and was not well.
James' Defence. We were walking to see if we could get any employ; I was
not out of the road, and saw no geese.
Eames' Defence. The child has quite mistaken the persons; I was not out
of the road at all.
PROPSTRING: Verdict: Guilty. Punishment: Transported
for Seven Years. Aged 19.
JAMES: Verdict: Guilty. Punishment: Transported for Seven Years. Aged
EAMES: Verdict: Guilty. Punishment: Transported for Seven Years. Aged
Crime(s): theft : pick pocketing,
Crime Location: Hadley, near Barnet
MATILDA SMITH was indicted for stealing, on the 7th of September, 3 sovereigns;
one 10l. bank note, and one 10l. Bank post-bill, the property of Ellis
Stockbridge , from his person .
ELLIS STOCKBRIDGE: I came from Melbourn, in Cambridgeshire. On the 7th
of September I was at Hadley, near Barnet; at half-past seven o'clock
in the evening, I met with the prisoner, as I was going to take the gate
off a field, in which were four horses, which I had to take from that
fair to Harley-bush - I had not known the prisoner before - I had two
10l. notes, five sovereigns, a crooked 6d., and a pearl button, in my
purse, in my watch-pocket - I had no watch; the prisoner and I were talking
together some little time - there was another girl with her, one was on
one side, and the other on the other; we had been together five or ten
minutes; I gave the prisoner 1s. out of another pocket - not the one my
purse was in - I turned into another footpath, near the Magistrate's house,
and then missed my money - the other girl had then nearly turned from
me; I told the prisoner she had picked my pocket; she gave me my purse,
and said, there was my money - I said it was not right; I took it into
a shop, and found the notes, the button, and crooked 6d., in it, but the
sovereigns had been taken out, and five farthings put in instead of them;
I still kept hold of the prisoner; I left my purse at the shop, and took
her to her lodging; where she said she could find the person who had them;
when we got there, she wished me to take her things while she went and
got the money - I said they were of no use to me; I then went with her
to Barnet, in search of the other girl - we went into a public-house,
and there made inquiries for her, but in the room of her coming, seven
or eight fellows came and tried to rush her away - I got her into a booth,
and gave charge of her - I have never found the other girl, nor the sovereigns.
COURT: Q. How did she get it? A. I do not know; I did not unbutton my
breeches - I had the purse in my hand, going down Barnet.
Prisoner. I said I would make the money good, because he frightened me
so much; I would have parted with the last stitch of clothes I had to
JOSEPH RICHES: I am a grocer, and live at Hadley. Between seven and eight
o'clock in the evening, the prosecutor brought the prisoner to my shop,
and accused him of the robbery; I saw the two 10l. notes and the purse
in his hand, and five farthings, instead of sovereigns; she said she would
make them good.
WILLIAM HARRIS: I took the prisoner; this is the purse.
ELLIS STOCKBRIDGE: This is my purse, sixpence, button, and notes.
Prisoner's Defence: He said he had lost his purse; I stooped down, and
picked it up from the side of his foot- I said, "Here is your purse;"
I believe he threw it down of his own accord.
Verdict: Guilty. Punishment: Transported for Life.