This
is a selection of trials at the Old Bailey during the 17th, 18th and
19th centuries
that had some connection with Barnet.
If you think our Judges are soft with their sentencing you will enjoy the following.
that had some connection with Barnet.
If you think our Judges are soft with their sentencing you will enjoy the following.
| 26th
April, 1693. Elinor Crane, alias Sutton alias Cropper, Crimes: theft : burglary, Crime Location: Hadley near Barnet Elinor Crane, alias Sutton alias Cropper Widow, was indicted for breaking open the House of John Walker Esq; in Hadley near Barnet, upon the 17th of March last about 12 a clock at night, and carrying away the goods and money of Susanna Baker (the said Walker's Servant), viz. six Gold Rings, value 5 l. six Holland Smocks 4l. 10s. six Night royls, value 3l. three broad pieces of Gold, 10 Guineas, four Five Shilling Pieces of Gold, and 13l. 10s. in Silver , to which the Prisoner pleaded not Guilty; but the Evidence for the King did positively Swear, That 5 Persons, two in Red, two in Blue, and the fifth in an Iron gray colour'd Coat, and lightish colour'd Periwig, broke into the said House at the time afore said, and carried away the Goods and Money above mentioned, and particularly in rifling Baker's Trunk, took out the Smocks and Night royals, and throwing them to the Person in Grey Cloaths, (whom Baker really supposed to be a Woman) said, Here Sutton take these, they will serve you, who she swore was the Prisoner at the Bar; and upon search to apprehend the Prisoner at her House upon Finchly Common, the said Grey Coat was found in her Bed-Chamber. It was further Sworn by Two Witnesses, That in February before she was seen upon the Road in Boots and Mans Cloths, which was not denied by the Prisoner, and that she went by the Name of Sutton. The Prisoner brought several Witnesses, among whom one Mr. Jordan said, That he was in her Bed-Chamber before that time, and all that Night, and that she did not stir out of her Bed till Morning: Upon which, he was after a severe Reprimand from the Court required to give an Account of himself. A great many other Witnesses said, They knew no harm by her; nor, that they knew she ever went by the Name of Sutton; but the Court asking her why she went in Mans Apparel, the Prisoner replyed, She went to Wooe a Widow. Upon the whole Matter the Jury brought her in Verdict: Not Guilty. |
| 31st
August, 1687. |
| 9th
September, 1696. Mary Budley, Crime(s): offences against the king : coining, Crime Location: Harts-horns Inn in Barnet Mary Budley was Indicted of a Misdemeanor, for unlawfully getting Dyes for the Coining of False Guinea's . It appeared that she did come to the Harts-horns Inn in Barnet, and did desire to be shew'd a Room, and to bring her some drink. Then she shewed them a Note for the things, and the Hostler went into the Stable, and brought them to her, and she had him to keep them for her till the morning, which he did. Then she said she did think they were not for any good use, would throw them away; and in the morning, pursuing her Journey, she threw them into a Hedge. Being taken, and carried before a Justice, she did confess where she threw them. Verdict: Not Guilty ,the Jury acquitted her. |
The Old Bailey
| 15th
October, 1707. Owen Hales, Crime(s): theft: simple grand larceny, Defendant's Home: Barnet Owen Hales, of the Parish of Barnet, Labourer, was indicted for Feloniously Stealing a Dowlas Shirt, value 18 d. the Goods of Richard Sutton on the 13th day of October last. But the Evidence not proving the Indictment, Verdict: Not Guilty, the Jury acquitted the Prisoner. |
|
10th December,
1712. Joseph Clemson, Mary Hughs, Crime(s): theft: burglary Defendant's Home: St. Andrew Holbourn Joseph Clemson and Mary Hughs, of the Parish of St. Andrew Holbourn, were indicted for breaking the House of Sir James Brooks, on the 28th of November in the Night time, and stealing thence two Gold Watches, seven Silver Salvers, and a large quantity of other Plate and Jewels. The Evidence was the Lady's Woman, who swore, that she wound up her Lady's Watch, hung it up in her Chamber, and lock'd the Door; and the Screws of the Lock were found to be taken out, by which means the Door was opened, and the Watches and a Ring taken away, while Sir Richard and his Lady were asleep; and the Plate was also stole out of the Butler's Room while he was in Bed. The Noise of the Robbery being spread, a Gentlemans Coachman went in pursuit of the Prisoners, and at Kicks-end, near Barnet, found them in Bed together, and the Watches lying on a Table by them. Clemson said in his Defence, that Hughs was his Wife, and that she (being a Servant in Sir Richard's House) brought him the Goods as her own; but she had nothing to say, only that no Locks were broken. Verdict: The Jury found them both guilty of the Felony, but acquitted them of the Burglary. Punishment : Branding. |
|
7th
December, 1715. Henry Howard, alias Powell, Crime(s): theft with violence: highway robbery, Crime Location: between Barnet and Kicks-end Henry Howard, alias Powell, of the Parish of South-Mimms, was indicted for an assault on the King's Highway, on the Person of Sarah Maddocks, and robbing her of 2s. 6 s. on the 15th of October last, about 7 a Clock in the Evening. Mrs. Maddocks depos'd that between Barnet and Kicks-end the Prisoner met her Sister, and said, How do you do? Give me your Money; who replied, she had none. D * n ye, says he, I will have Money, or else I'll shoot you; upon which she offer'd him some Farthing, which he dash'd out of her Hand, and said, D * n ye, I want Gold and Silver, and Gold and Silver I will have; and then came to herself and said, D * n ye, must I wait here all Night? Give me your Money; who told him she had but half a Crown. Give it me quickly, says he, and put his Hand into her Pocket, and took the Money. After this they describ'd the Prisoner to some Labourers, who took him. They were both very positive in the Man. He denied it upon his Trial, and said he had no Pistol about him, and but 5 s. in Money, when taken. Verdict: The Jury found him Guilty. Punishment: Death. |
|
6th September, 1716. John Field, Crime(s): theft: simple grand larceny, Defendant's Home: High Barnet John Field, of the Parish of High Barnet, was indicted for feloniously stealing 3 Bottles of Sider, value 16 d and other Goods of little value, the Property of William Nelson, on the 15th of July last. But the Prosecution appearing trifling and malicious, Verdict: Not Guilty. The Jury acquitted him. |
|
9th July, 1718. William Ward, theft: animal theft, Crime(s): theft: animal theft, Defendant's Home: Barnet William Ward, of Barnet, was indicted for stealing a Ram, value 40 s. the Property of John Charleton, the 15th of June last. The Prosecutor deposed his Ram was lost out of his Ground, and the Head and Skin found buried in the Prisoner's Ground, and a Quarter of the Mutton hid between the Tyling. The Fact being plain, Verdict: Guilty. Punishment : To be Transported. |
| 7th
December, 1720. Matthew Cheston, Crime(s): theft with violence: highway robbery, Defendant's Home: Hadley Crime Location: between Potters Bar and Barnet Matthew Cheston of Hadley, was indicted for Assaulting Richard Hadley on the High Way on the 12th of July last, putting him in fear and taking from him 2 Half Guineas. The Prosecutor deposed that as he was coming to London in his Coach with Four Horses, his Wife, Mother and Sister being in the Coach with him. between Potters Bar and Barnet, a Man on a Light Grey Horse rode up to the Coach with a Gun, and demanded their Money, Purses, Rings, Watches, etc. that he gave him two Half Guineas, and his Mother, Wife and Sister gave him their Purses, that he verily believed the Prisoner to be the Person, but could not swear it. His Wife, Sister and Coachman confirm'd his Evidence, but neither of them could swear positively to the Prisoner. Who called several Evidences to prove that he was in London at the same time. Verdict: Not Guilty. The Jury acquitted him. |
| 25th
May, 1721. William Moor, Crime(s): theft: shoplifting, Defendant's Home: Barnet William Moor, of Barnet, was indicted for privately stealing the Lock of a Pistol, value 5 s. in the Shop of Thomas Heath, on the 1st of April last. But the Evidence not being sufficient, Verdict: Not Guilty. The Jury acquitted him. |
| 10th
October, 1733. Frances Deacon, Crime(s): killing: infanticide, Crime Location: Green Man at Barnet Frances Deacon, was indicted on the Coroner's Inquisition, for the murder of herfemale Bastard Infant, by throwing it into a Pond, where it was drowned, Sept. 14. Mary Jones: Between 9 and 10 in the Morning, I was sent for to Mrs. Frazier's, in Barnet, to search the Prisoner. I found she had had a Child, and she own'd it and that she had drop'd it in a Pond, by the Green-Man at Barnet. She said, she was an Irish-woman, and was going to her own Country, and being taken ill by the Pond-side, she could go no farther; but leaning against the Rails, the Child came from her, and fell into the Pond, and that she was so weak with an Ague and Fever that she could not call for Help. I saw the Child, it was a Female, very fair and clear, and without any Marks of Violence, and, I believe, with proper Help it might have been born alive. Ann Stiles: Coming by the Pond I saw the Child lying in the Water, and the Prisoner was at the Pond-side at the same Time, but I was so surprised that I asked her no Questions. William Pickersgill: I came by the Pond about 7 in the Morning, just when the thing was done; the Prisoner told me and others, that she had dropt her child in. I got a Rake and drew it out, and there was a small Piece of Hay clenched in its Hand. Justinian Moss, Surgeon: About 8 in the Morning I saw the Child at Mrs. Frazier's, it had no Marks of Violence. The Prisoner said, that when she first came to the Pond she was taken with Labour-Pains, and was taken with such a Fit that she lost her Senses, and if she had not held by the Rail, she must have fallen into the Pond herself; at which Time, she said, the Child dropt from her. It fell down a Slope two Foot deep, and might be killed by the Fall. She told me, her Husband died in Kent 6 Weeks ago. Prisoner. Coming by the Pond, very sick and weak, I was taken with a Fit, and took hold of the Post, and the Child dropt from me. I was going to my Friends in Ireland, and did not expect to be brought to Bed till a Fortnight after Michaelmas. My Husband died in Harvest-time at Kings-Down in Kent, where he was buried.Verdict: Not Guilty. The Jury acquitted her. |
Newgate Prison
| 11th
September, 1734. Thomas Macguire, Crime(s): theft: animal theft, Crime Location: Whetstone Thomas Macguire was indicted for stealing a black Gelding value 5 l. the Property of J Shipwith, Aug. 1. John Shipwith: I heard from Mr. James at Whetstone, that my Horse was stole out of his Grounds. Thomas James: The Horse was put into my Grounds the last of July at Night; I mist him on the first of August, and heard of him again the same Morning. Mr. Hare of Barnet told me that a Man was stopt there for stealing a Horse. I went thither and found the Prisoner with Mr. Shipwith's Horse. The Prisoner said he found the Horse in the Road, and was going with him to London-bridge. I told him, from Whetstone to Barnet was the wrong way to London-bridge. Thomas Nickson: I put the Horse in the Field over Night, and tied the Gate with a Halter. Humphry Buckle, Constable: The Prisoner said he met a Man who desir'd him to ride the Horse, and said he would soon overtake him. Richard Nickols: Hearing Somebody cry out stop him, I laid hold of the Horse's Bridle, and stopt him at my own Door in Barnet, and ask'd the Prisoner where he was going. He said to London-bridge. I told him he was going the Road to St. Albans - Well, says he, a Man lent me the Horse to ride, and I am going but 2 or 3 Miles farther. Edward Ward:The Prisoner came riding along by Barnet Market, he had no Shoes, and the Horse had no Saddle, but only a Brible, which made me suspect the Horse was stolen; and therefore I ran after him, the Prisoner began to gallop: I call'd out, Stop him! And he was stopt by Mr. Nichols. Verdict: Guilty. Punishment : Death. |
| 8th
December, 1736. John Owen, Thomas Allen, Abraham Addison, Thomas Spicer, John Roberts Crime(s): theft: animal theft, theft: animal theft, Defendant's Home: Hadley, Middlesex John Owen, Thomas Allen, Abraham Addison, Thomas Spicer, and John Roberts, of Hadley, Middlesex, were indicted for stealing a Black Gelding, value 5 l. the Goods of William Bickerstaff. Nov. 27. They were a second Time indicted for stealing a Black Stone-Horse, value 25 s. the Property of Cornelius Oakley, Nov. 27. William Bickerstaff: November 27, between 10 and 2 in the Morning, I was going Home with my Team, and was loaden with Manure for my Land; Owen and the rest of the Prisoners came up, and violently unhook'd the Horse from the rest, saying they would have one of my Horses I lay'd hold of Owen, and call'd out to the Bellman (who happened to be going his Round) to come to my Assistance: after he came up, the other Prisoners fell upon me and beat me with their Fists and with Sticks, because I would not part with my Horse. Allen, Addison, Spicer, Roberts, and Owen, were all together in the Fact. I was over-power'd by them, and they had got my Horse away about forty Pole, but the Bellman prevented their carrying him off; the Pretence they made, was, that I had got seven Horses, and they swore they would have one. John Hobbs: I desired them to tell the Horses, they said they would not, but swore, that they would have one of them Right or Wrong Owen took the Horse off, and the rest of the Prisoners assisted, and carried him away about forty Pole, but Thomas Huntley the Bellman, got us the Horse again. Thomas Huntley: I was doing my Duty, and hearing a Quarrel, I came up to see what was the Matter, and I found the Prisoners had got one of the Man's Horses, and were carrying him away by Force. We had them all before the Justice, and there they pretended they had an Act of Parliament for what they had done. Q. At two o'clock in the Morning they were carrying the Man's Horse away by Vertue of an Act of Parliament! Do you imagine they would have gone off with him, if you had not come up? Huntley: Yes. Another Witness: I was there at the same Time; when I came up they were all struggling about the Horse. I bid Owen let the Horse alone; he said, ask no Questions, I will have him, but thro' Assistance, we got him again. Owen: We had an Act of Parliament to take Horses, and were encouraged by a Justice of Peace. We condemn'd a Horse before Justice Exeter, but a Day or two before. Canes:There was no more than six Horses, and because I assisted the Farmer, they beat me till I was all over Blood. Second Indictment. Cornelius Oakley: I lost a Black Stone-Horse the same Morning about one o'clock; I had six Horses in my Team, and a loose Horse which I rode upon, but he had a Collar and Chains upon him. Owen got upon his Back, and said he would knock my Brains out if I would not let him go off. My Neighbour's Waggon coming by, they took a Horse from him, but as they were overpowered, I got mine again, but they had led him quite away. I can swear to all the five Prisoners, there was six of them in all, one Kimpton was with them, but he is got off. Canes: I heard the Sticks fly about and I went to assist my Master. Owen keeps a Publick House, the Sign of the Cock at Prickler's-Hill, between Barnet and Whetstone. They are all People that don't love Work. Another Witness: I drove the Waggon, and swear there were no more than six Horses in the Team: All the Prisoners were there. Mr. Justice Smith: I was call'd up early in the Morning some People who pretended to take Horses from Waggons drawn with seven Horses; several Neighbours testify'd these were drawn but with six. They had beat the People very much, and would have sworn the Waggons were drawn with seven Horses; but as People of Credit had sworn there were but six, I did not think proper to give them their Oaths, and committed the Prisoners for an Assault. Q. By what Authority did you do all this? Owen: By an Act of Parliament. The Act was read, which enacts, That if any Seizure or Distress is made on Persons travelling with more than six Horses, the Horse so seiz'd shall be deliver'd into the Hands of the Constable nearest the Place where such Seizure is made, safely to be kept till the Person or Persons, who made such Distress, prove the Offence before a Justice of the Peace, who is empower'd (on Proof of the Offence) to order the Delivery of the Horse or Horses so seiz'd, for the Use of the Distrainer. Bickerstaff: I was going with Manure to my own Grounds. Oakley: I was loaded with Deals and other Things. Bickerstaff:Mine was not a hired Waggon, and had no more than six Horses. Canes:It was our Desire that the Horses should be deliver'd to the Bellman. Huntley: The Owners of the Horses did desire it, but the Prisoners were for carrying them away. Verdict: Not Guilty. All acquitted. |
Newgate Prison
| 5th December,
1739. Joseph Eades, Crime(s): theft: simple grand larceny, theft: animal theft, Defendant's Home: Finchley Joseph Eades, of Finchley, was indicted (with James Edwards, not taken) for stealing a Horse-whip, val. 5 s. the Goods of George Rotheram, Nov. 30. George Rotheram: Last Thursday, as I was going to London, with another Farmer, between Whetstone and Barnet, I was attack'd by two Men. The first that came up I knew: What, Master Thompson, said he, won't you give me the Way! then the Prisoner came up, with a Pistol in his Hand, and said, - What Money you have I will have; so I gave him my Money: You have more, said he; I told him I had no more, and turn'd my Pockets out: Well, you have got a Whip, I'll have that. When they had done with me, I went to the Mitre at Barnet, and sat there an Hour and half; then I was told, that the Prisoner was taken with the Whip upon him. This is the Whip, and 'tis mine. Thomas Miller: One Mr. Palmer was riding Post, and was attack'd near Mimms-Wash, by two Men. The Post-boy, as he came by, told us Mr. Palmer had been robb'd, and there the two Men went that had robb'd him. I and my Fellow-servant assisted in pursuing them; and on Finchley-Common we saw them, overtook them, and seiz'd them. When I came up to them, the Prisoner pull'd out a Pistol, and said he would shoot me through the Head: I had a long Gun, and told him, If I dy'd, he should die. Upon this he put his Pistol up, and I threw down my Gun, and run in upon the Prisoner, and seiz'd him, and held him till my Assistants come. This Whip he had in his Hand at the same Time. Herbert Palmer:I was present when the Whip was taken upon the Prisoner: I think it the same. We took a Pistol from him at the same Time. Rotheram: The Prisoner took my Money first, and then my Whip. I am sure he is the same Man. It was between Eight and Nine in the Evening: the Moon shone very bright, and I took particular Notice both of him and his Horse. Prisoner: I never robb'd any body of a Farthing in my Life, and the Whip I found near Barnet. A Witness: The Prisoner lived with me (at Times) several Years. I have intrust'd him with Money, and never found him dishonest. Another: He has work'd for me several Times, and I have intrusted him to receive and take Pounds for me; he always used me and my Customers very handsomely. Another: I know him from a Child; his Father and Mother were very honest People, and I never heard any thing amiss of him. Another: I have known him a Dozen Years, and never heard of any Dishonesty by him. Another: I have known him seven or eight Years: He was my particular Acquaintance. He serv'd the Bricklayers as a Labourer; I never heard of his being dishonest. Another: I have known him from his Infancy, and never heard that he ever behaved dishonestly till now. Verdict: Guilty. Punishment: Death. |
| 19th
May, 1743. Charles Cole, Crime(s): theft: animal theft, Crime Location: East Barnet Charles Cole, of St Mary Islington, was indicted for stealing two Lambs, price 5 s. the Goods of George Sleith, April 2. George Sleith. I live at East Barnet. I had two small Lambs stole out of the Church-Yard, the 2 d of April, about eleven or twelve o' clock at Noon, and did not hear any Thing of them for a Week; when I was informed that the Evidence, Howel, and the Prisoner, were seen with two Lambs at Holloway, I pursued them, and found Howel and Cole in Morefields; they were very remarkable Lambs, and about a Fortnight old. Mary Smith: I live at Holloway; one Saturday the Prisoner and Howel were at my House, and they had got two Lambs, one was alive and the other dead. I asked where they had them, and Howel said at East-Barnet; they were about a Fortnight old. There came in two Butchers, and asked Howel what he had got in his Apron, he said two Lambs, and said he to Cole, Where had you these two Lambs? and he said he bought them at Hitchin. Francis Howel: The Prisoner desired me to go with him to Mr Sleith's House at East Barnet, said that Mr Sleith's owed him 38 s. and that he would come home the next Day; when he was coming home, he said that he would have something for his Sunday's Dinner; and coming through a Church-Yard, the Prisoner saw two young Lambs, and took them up, and desired I would take them from him, which I refused, and he said he would stick his Knife into me if I did not; so I was obliged to do it. Verdict: Guilty. Punishment: Transportation |
| 2nd July, 1746. Martin M'Lone, William Bruce, Crime(s): theft with violence: highway robbery, Crime Location: St. Albans - Barnet Martin M'Lone and William Bruce were indicted for assaulting Thomas Smith on the Highway, and taking from him a Peruke, a Silk Handkerchief and 8 s. 10 d. in Money. Q. (to Thomas Smith.) What are you? Smith: I am a Post-Boy at the Green-Man at Barnet. On the 23th of May, in Whitson Week, as I was coming from St. Albans to Barnet, between the 12 and 13 Mile Stone, in my Way down the Hill, several Men were walking in the Road before, I took them for Travellers; when I overtook them one came on one Side of the Chaise, two on the other, and two before the Horses Heads. The Prisoner at the Bar was in a blue Coat with white Buttons and Button-Holes, and had Freckles in his Face. Bruce came to me and said, d * n you don't look at me, let me have your Money; I said, Gentlemen I will, don't use me ill, I am but a poor Post-Boy. They haul'd me out of the Chaise, and seeing the Irish Mail, said they would not meddle with that; but they took my Wig and Handkerchief. Q.What else? Smith: They rifled my Pockets, and said, let us take his Breeches. Q. What did they do then? Smith: They took 8 s. 10 d. from me. I saw a Gentleman coming towards Barnet, and immediately three or four of them went off to meet him, and several Blows pass'd. They all ran off from me but one of them. Q. How far was the Gentleman from you? Smith: About twenty Yards. Q. Did you know the Gentleman? Smith: Yes, he keeps the Cock Inn at Oney, his Name is Knight. While they had him down one of them came to me and said, G * d d * n you go along; another damn'd me and said I should not go: So I said, Gentlemen, you need not be afraid of me, I won't betray you; with that they said, go along, my Lad, as fast as you can; so I drove up the Hill as hard as ever I could. Q. Where was the Gentleman all this while? Smith: Upon his Back, they knock'd him down. When I came to the Top of the Hill I met a Waggon, or Cart, and said, Master, for God's sake don't go down, there are Thieves at the Bottom of the Hill, you will certainly be robb'd. When I came to the Crown I saw a Light; I jump'd out of my Chaise and went into the House. They ask'd who was there. I said, Gentlemen, pray go down, I believe there is a Gentleman murder'd at the Bottom of the Hill. Q. Where was this? Smith: At the Crown at Kicks-End; one John Nickerson and two Soldiers were there, I believe they all went; I did not stay to go with them, but made the best of my way home. Q. (to the Prisoner.) Will you ask this Boy any Questions? Prisoner: Please you, my Lord, I have no Questions to ask him? Q. (to John Toby Reynolds.) What do you know of this Affair? Reynolds: My Lord, I know nothing of the Felony, only some Circumstances while the Men were in Custody. I live at Barnet. Q. Where did you find them? Reynolds: My Lord, they were in the Cage, these two and four more. They seem'd to be Irishmen. My Lord, we examin'd their Pockets, and found several Letters directed to Persons in London, recommending them to Business, and a Horn which had a small Quantity of Powder; after we had done that, the Post-Boy came into the Cage. I said to the Boy, be careful what you do, look among them and see if any of these Men have robb'd you; then the Boy went directly into the Middle of them as they were in the Cage, and said to Bruce, the Prisoner, you are the Man: Says Bruce, I did not rob you. The Boy said, you did not rob me, but you are the Man that presented the Pistol, and you are the Man that bid me not look in your Face. Q. What did he say to that? Reynolds: I don't remember, my Lord, what Answer he made. Q. (to Thomas Nichols) Was you one of those that pursu'd the Prisoner? Nichols: Please you my Lord, I was at the Crown at Kicks-End when the Boy came in, and said he was robb'd by seven Irishmen, and that they were murdering a Gentleman; and these Men we took upon Suspicion. Court: After this you pursu'd, Did you? Nichols: Yes, my Lord, we went thither and pursu'd them; I was after four by myself; and when they saw me, they d - d me, saying, There is but one, shoot him: But when another Person came up they ran away, and we pursu'd and took them all. Q. Do you know the Prisoner? Nichols: They were both together when we took them. Q. Where were they when you took them? Nichols: In the Bottom by Kicks-End. Q.What became of the other four? Nichols: We brought them all before the Justice, but because no one appear'd against them, he releas'd them Q. When you took them, then what did they say? Nichols: Some said they were come from Ireland, and wanted Work. Q. Where did you carry them? Nichols: We carried them to the Crown that Night, and they were carried afterwards before Justice Hassel. Q. Do you know any Thing farther? Nichols: No, my Lord. Q. (to Asbury) Was you one of the Pursuers; do you know any Thing more than Mr. Nichols says; do you remember the two Prisoners? Asbury: I kick'd up Martin M Lone's Heels in the Field; when we went down there were five of us together: I said to my Partner, let us go overagainst the Waggon, left they should see us. Q. Are you sure that Mc Lone was the Man you trip'd up? Asbury: Yes, my Lord. Q. What do you say of the other Man? Asbury: These two were taken with the six. Q. (to Bruce) Now is the Time to make your Defence; the Post-Boy charges you with the Robbery. Prisoner: Please your Honour I came out of Ireland to look for Work, I was fearce of Money, and was returning Home; I lay at the Upper End of Barnet; I would have paid for Lodging, but they said I was an Irishman and they would not let me have any. We were very cold when the Day-light came; as we were cold we said to one another, we had better be going to Coventry, to get what would carry us Home. Verdict: M'Lone Acquitted. Verdict: Bruce Guilty. Punishment: Death. |
The Old Bailey
| 2nd
May, 1753. Thomas Yates, Crime(s): sexual offences: bigamy, sexual offences: bigamy, Crime Location: Barnet Thomas Yates was indicted for marrying Elizabeth Harman. spinster, Oct. 5, 1752, after which, to wit, on the 17th of November following he married Rebecca Griffiths, his former wife being then living and in full health. + James Reynolds: I knew the prisoner two or three days before he was married at Mr. Keith's Chapel in May-Fair to Elizabeth Harman ; it was last Summer, I don't know the day of the month, but believe it was in October: there was none by but the minister, she, I, and the man who gave her away, whom I did not know, and the Clerk, I was an acquaintance of Mrs. Harman's, who was a very laborious woman, and used to take in washing. Q. Were they married according to the ceremony of the Church of England? Reynolds: They were, I heard it read over to them. Rebecca Griffiths: I was married to the prisoner at the bar the 11th of November last, at the Fleet. after which he took away all my cloaths, and left me destitute without any thing in the world. Q. What was you before? Griffiths: I was a servant before. Q. Were any body present at this wedding? Griffiths: There were Jane Evans and Ann Allen present. Q. Who married you? Griffiths: I can't tell that, he was in a parson's habit. Q. Is his former wife now living? Griffiths: I believe she is, I saw her about three weeks or a month ago. Jane Evans: I was at Rebecca Griffiths's marriage with the prisoner, at the Fleet, in a publick-house: I had known the prisoner but about four or five days before: after the wedding the prisoner came to my apartment in Cursiter street, Chancery-lane, for that night, and lay in the house, but not in my room; he was there with her five days from the Saturday on which he was married, 'till the Thursday following. I have not seen him since till now. Ann Allen: I was at this wedding, and heard the ceremony perform'd, it was in Turnagain-lane, at the Fleet; but I left them at the door. The prisoner had nothing to say. Verdict: Guilty.Punishment: Branding. He was indicted a second time, for marrying Elizabeth Harman , and afterwards for marrying Mary Butler , widow, his former wife E. Harman being then living . + James Reynolds, deposed as before on the other trial. Mary Butler:I was married to the prisoner the first of February last, (he went by the name of Thomas Yates) at Barnet church, by the banes being published three times in two churches. Elizabeth Griffiths: I was before my lord-mayor the 19th of March last, and Elizabeth Harman was there then alive. The prisoner had nothing to say. Verdict: Guilty.Punishment: Branding. |
| 7th
June, 1753. Anne Ellis, Sarah Ellis, Crime(s): theft: specified place, theft: receiving stolen goods, Crime Location: Bricklayer's Arms in Whitechapel road Anne Ellis , spinster, and Sarah Ellis widow, were indicted, the first for stealing 14 guineas, the money of William Hudson in his dwelling house ; and the other for receiving the same well knowing it to have been stolen , May 4 + William Hudson: I keep the Bricklayer's Arms in Whitechapel road, and hired Anne Ellis as a servant May 9. On the 14th she went up to clean the rooms, and came down in about six minutes after, and desired my wife to let her go to a neighbour's necessary, there being people in our yard, she went and in about ten minutes after my wife went up stairs and found a drawer broke open and some guineas missing (she is sick at home and can't attend) she came down and told me, so I ran to the house where her mother lodged, and was informed my servant had been there but was gone. Six or 7 of us went in pursuit of her next day, but could not find her; a neighbour accidentally seeing her getting into the Barnet stage coach came and let me know, so I, and an evidence, took horses, pursued her, and near Whetstone took her and her mother out of the coach, carried, them to Barnet, and tax'd her with stealing my money; she directly owned that she had forced open the drawer with an old key, and took out 14 guineas. I can safely say there were 17 missing; she had left six behind in the drawer. I search'd her, and found six guineas in gold and 10 s. 6 d. in silver upon her. The old woman said to me, she would have had her daughter brought me the money the night before They had bought themselves cloaths with part of the money, being now both very tight, but were very ragged before. I asked them where they were going, and they said into Bedfordshire to the mother's sister's. Q. Was any thing found upon the old woman? Hudson: There were 7 s. found upon her, which the girt said was part of my money. The old woman pulled it out, and said, it is all I have got, it is what my daughter gave me. John Collier: I went along with Mr. Hudson in pursuit of the prisoners. We overtook them about, 3 miles on this side, Barnet. I ask'd the daughter, how she could be so base to rob her master of 17 or 18 guineas. She said, she believ'd it was not so much, it was but 14. We took her to Barnet before justice Haswell, where she said she found a key in her mistress's under drawer, with which she forc'd open the drawer in which was the money, and took 14 guineas, and that the devil put it into her head. The old woman said she knew nothing at all of the matter, till such time she was going to take coach to go out of town. She deliver'd 7 s. to the officer, and said it was money her daughter had given her. Prosecutor: The officer that lives at Barnet has got the cloaths which they had bought with part of the money, but he is not here. Anne Ellis's Defence: I did not break the lock, it was left open, and I took the money. My mother did not know any thing of it. As to the 7 s. found upon her it was her own property. Sarah Ellis's Defence: I know nothing of it. Anne Ellis: Verdict: Guilty.Punishment: Death. Sarah Ellis: Verdict: Not Guilty.Acquitted. |
| 5th
December, 1753. Ann Tinsley, Catherine Bullock, Crime(s): theft, Crime Location: East Barnet Ann Tinsley , and Catherine Bullock , spinsters, were indicted for stealing one pair of linen sheets, three pillow cases, two napkins, 3 linen table cloths, one linen dresser cloth, one yard of linen cloth, three shirts, two shifts, two linen aprons, two pair of stays, one neck handkerchief, one linen handkerchief, one cotton handkerchief, one camblet gown, two pair of hose, one chip hat, twelve clouts, one child's frock , the goods of John Knight , Oct. 26. + Sarah Knight: I live at East Barnet. On the 26th of Oct. I lost two pair of stockings, twelve clouts, four table-cloths, two handkerchiefs, three shirts, two shifts, two pair of stays, two aprons, one dresser cloth, one cloth cloak, one child's frock, and more things than I can remember. Q. Where did you loose them? S. Knight:They were taken out of a chest of drawers in an upper room in our house. John Knight. I am the prosecutor, I miss'd the things, and went after the prisoners and took them in Shoe-lane, Oct. 26. I set out between five and six in the morning after them. Q. How came you to suspect the prisoners? J. Knight: My wife brought Ann Tinsley up from a child. She had been gone away from us, but was come again; we suspecting it must be some body that knew our house, and she being missing I pursued her towards London. I heard of them first at Whetstone turnpike, then upon Finchley common, then near Pancras church, and at last found the prisoners together in Shoe-lane, in the street, with a great quantity of the things upon them. Court: Name the things. J. Knight:Two pair of stays, one gown, twelve clouts, three shirts, two shifts, they had them in two bundles, each had a bundle; I charg'd a Constable with them, and had them brought before my Lord mayor, and he committed them. They having the two pair of stays on, were by his orders taken off. Thomas English:The prosecutor told me his house was robb'd, and ask'd me to go along with him in pursuit, I went, and we found the two prisoners in Shoe-lane, with most of the things upon them; they were taken before my Lord mayor and committed. Q. Where are the things? English:They are at East Barnet, all but the two pair of stays which they had on. George Needham: I am a constable, and have the two pair of stays that were taken from off the two prisoners, and a chip hat; (produced in court, and deposed to by the prosecutor's wife.) Tinsley's defence: I know nothing at all of them. Bullock's defence: No more don't I. They call'd no witnesses to their characters. Verdict: Both Guilty. Punishment: Transportation |
| 27th
February, 1754 Elizabeth Finsley, . Crime(s): theft: simple grand larceny, Crime Location: Barnet Elizabeth Finsley, spinster, was indicted for stealing six linnen aprons, value 2 s. the goods of Edward Shepherd. Feb. 1. + Elizabeth Shepherd: About two months ago I lost six linnen check aprons from off a hedge at Barnet, it was just by my window. I missed them about three in the afternoon, but saw nobody take them away. The Prisoner lives next door: she being a loose sort of a person we looked for her, and took her in a barn at Finchley. She owned she took the aprons from off the hedge and had hid them; we went to the place she mentioned in a field just by, but could not find them. Q.Whose aprons were these? Shepherd: They were mine. The indictment was laid the goods of Edward Shepherd. Verdict: Not Guilty. The Prisoner was acquitted, fault in the indictment. |
| 17th
July, 1754. Thomas Hobbs, Crime(s): theft: simple grand larceny, Crime Location: Barnet Thomas Hobbs was indicted for stealing 25 shillings, the money of William Hutton, June 15.* William Hutton: I am Ostler at the Green-Man at Barnet; the prisoner used to help in the stables, and ride post: I missed 35 s. out of my room where I lie, out of my breeches pocket, when I went to put them on, on the 15th of June. I taxed the prisoner with it, and he owned it, and about 17 or 18 shillings were found upon him, which he said was part of my money. Richard Doubleday: I was by when the prisoner owned he took this money, the property of the prosecutor, and said he was very sorry for it. Prisoner's defence: I was fuddled, and don't know what I did. Verdict: Guilty. Punishment: Transportation. |
Transporting the prisoners
| 4th
December, 1754 Henry Mansel, . Crime(s): killing: murder, Crime Location: Barnet Henry Mansel was indicted for the wilful murder of Isaac Emmerton, Nov. 6. * Edward Tufnel: I live at Barnet in South-mims Parish; on the 6th of November, a little after four in the afternoon, I had been in the fields to fetch up master Peter Davis's cows at the waggon and horses; I heard a noise in the house; I went in, there was the prisoner (he is a soldier) and Mr. Emerton; there had been some quarrel between them, the prisoner was in a great passion, swearing and tearing about. Q. Were any body there besides they too? E. Tufnel: I did not see any body else but they. Q. Did you see the beginning of the quarrel? E. Tufnel: I did not. Q. In what room were they? E. Tufnel: In the kitchen. Q. Who was the soldier taking about? E. Tufnel: He was quarrelling with Mr. Emmerton. Q. Do you remember any of the words he made use of? E. Tufnel: I cannot say that. Q. What did you see him do? E. Tufnel: He threw his coat about the house, and said, he did not mind this or that man. Q. Was he in his shirt? E. Tufnel: He was in his waistcoat, and I desired him to be quite. Q. Was he sober? E. Tufnel: He was a little concerned in liquor. I desired him to go to bed; he went up stairs, I thought he had been gone to bed, then I went out into the yard to put the cows up as usual, Emmerton was in the kitchen all the time. Q. What did Emmerton say when the other was in his waistcoat? E. Tufnel:. He desired him to be quiet and go to bed, and said, he thought that was the properest place. Q.. Did you return into the house again, and how soon? E. Tufnel: I did, I came in again after a very small trifle of time; I had only put the cows in the stail and given them a bit of hay, and was coming into the house for the maid to come out to milk. She said, for God's sake go after the soldier, for he has got his sword, and came running to me. I went through the house after him, he was just entering at the gate after Mr. Emmerton, and Mr. Emmerton was just within the gate, going to shut it to save himself. Q. Describe the yard, and how it lies from the house. E. Tufnel: Emmerton had gone out at the door into the street, and from thence through a gate into the yard; the soldier, when I saw him, was in the street, at the yard gate, he burst the gate open before Emmerton had time to shut it close; he rushed in and stabbed him with a bayonet, and left it in his breast, He made his escape into the street, then to the house, and into his chamber, and wrapped himself up in the bed-cloaths; I called out for help, and we went and took him. Q. Who was in the house when you went thro' it? E. Tufnel:. There were nobody in it then. Prisoner. There is ne'er a man knows any thing of the matter but him, and he has said a deal that is false; there were four men in the kitchen, besides the deceased, drinking with me; ask him if he knows them. E. Tufnel: to the Question. I saw none but they two. Prisoner: The other four men all made off; I do not know who they were; I was at my quarters, and beat in a desperate manner before I took my bayonet out. Q. Were there any angry words made use of by Emmerton? E. Tufnel: I don't remember any. Q.. Did you see any blows pass? E. Tufnel: No, I did not; Emmerton had received some, but I did not see them. Q. Was the prisoner bloody or bruised? E. Tufnel: I cannot tell that. Q. Did Emmerton appear to have been beat when you went first into the house? E. Tufnel: His face appeared all over blood then. Q. Whence did the blood seem to proceed from? E. Tufnel:His nose had been bleeding. Q. Did the prisoner appear to be bloody? E. Tufnel: I did not see that he was at all. Q. If his face had been bloody could you have seen it? E. Tufnel: I could. Q. Did he seem to have been beat? E. Tufnel: No, he did not. Prisoner: He did not see the beginning of it. Juslin Duburgy Jones: I am landlord at the Ship and Dragon, and am a close neighbour to this house, the Waggon and Horses; I heard a noise like quarrelling in it on Wednesday the 6th of November, betwixt four and five in the evening. I walked up to the door, and heard more voices than one. Q. How many do you think you heard? J. D. Jones: I reckon I heard three. I went into the kitchen, there was one Peter Purton, a Wheeler, he was holding his hand to his eye, and said, the soldier had given him a black eye. Mr. Emmerton had got the soldier by the collar shaking him, and said, Sirrah, you rascal, you don't ought to strike them that don't trouble their heads with you, and he put him back into a chair at the side of a table. He said, you ought to be put in the stocks you rascal, for meddling with them that don't meddle with you, and disturbing people in your quarters; and he gave him a twitch by the collar, and said, Go to bed, you villain, and the soldier fell on his face to the ground. This twitch, I imagine, was with an intent to make the soldier go to bed; the prisoner got up again, and they shoved him partly up stairs, and I thought every thing was quiet. My house is about twenty yards from Mr. Davis's house; when I got to my own door, I turned my head and saw Mr. Emmerton come running out of the house along the street, and ran towards me to go in at my next neighbour's door, he could not get in, he turned back again to run into the yard, and went to go in at the gate; in a moment, before he could get in, I saw the soldier with this bayonet naked in his hand, run out of Peter Davis 's house ( producing one ) he was in pursuit of Mr. Emmerton; Mr. Emmerton had just got in at the gate; he came to thrust the gate against the soldier (but I did not see the fatal blow) he being on the inside of the gate, the soldier ran short back again after the mischief was done; I cried out, knock him down, knock him down; he ran into the house again, and up stairs in a moment's time, and covered himself with the blankets; the evidence Tufnel struck at him but did not hurt him. Mr. Emmerton came bursting out at the gate, and this bayonet stuck in his right breast, I believe seven inches and a half, and down he fell before me; please to observe by the blood on it, it may be seen how far it was in the body, I went to help him up, and pulled the bayonet out, but he never had time to say, Lord have mercy upon me. I believe it pricked him to the heart. Q. How many people did you see in company with the soldier when you heard the quarrelling first? J. D. Jones: I saw none but Mr. Purton and Mr. Emmerton with him. Prisoner's defence: I was going into the country upon command, with three deserters; there was a serjeant, a corporal, and nine of us. My quarters were at the Waggon and Horses at Barnet, there was nobody when I came there first but the maid; after I had been there about two hours we had our dinner; then my comrade and I went to the Green Man, and had a pint of beer each; there was a corporal, two men, and the deserters. After having drank three pots of beer there, I returned home to my quarters, and my comrade went to the horse-races. I called for a pint of beer, there were three more men besides; Mr. Emmerton and they said, I might come into their company, if I would spend my pint with them. After that we had a dram or two of gin, and I drank a little more than did me good; then there was a spute who should pay the reckoning. Then I said, I would pay as much as they. One of them d * d me, and said, you are like the rest of the blackguard soldiers. The landlord said, pay your reckoning, that is the best way, to have no more about it. I paid four-pence; one of them stept up to me, and said, you scoundrel, that is not enough, and knocked me down; I got up and hit him again; then another struck me; then I lay down, and in a minute or two they came at me, and beat me in a terrible manner. I lay down on the stairs, and took hold of my bayonet; he struck me once or twice, and so did the rest; I was beat so, that I was perfectly senseless; I hardly knew what I did , or whether I stood on my head or heels. They went to take the bayonet from me, and they tore the scabbard all to pieces. Then I went up to bed, and pulled all my cloaths off but my shirt and stockings, and covered myself in the bed. I had never seen the men in my life before; but they were great villains. Q. to Jones. Did you make any observation whether the prisoner appeared to be bruised, beat, or bloody? J. D. Jones: Mr. Emmerton was bloody and he too; but I saw no blows struck. Q. Where were they bloody? J. D. Jones:They were bloody in the face both; it appeared to me as if there had been some blows between them. Q. What did Emmerton say to you when you went in? J. D. Jones:. He said the soldier had struck him. Q. Did you hear him say he had struck the prisoner? J. D. Jones: No; neither can I say whether Purton had struck the prisoner or not; the prisoner ran after the deceased with such vengeance, with the bayonet in his hand, that though there was a coachman just by, and a man coming with a pail of water, neither had power to stop him. Verdict: Guilty. Punishment: Death. This being on Friday, he received sentence immediately, to be executed on the Monday following. |
| 16th
January, 1755. Edward Merril, otherwise Deleraunt, Crime(s): theft with violence: highway robbery, Crime Location: London Barnet Edward Merril, otherwise Deleraunt, was indicted, for that he on the king's highway, on Collin Smith, Esq; did make an assault, putting him in corporal fear and danger of his life, and taking from his person one metal watch, value 3 l. one pair of silver shoe-buckles, value 12 s. one guinea and seven shillings in money, numbered, his property, Dec. 9. + Collin Smith: On the 9th of December, between five and six in the evening, I was going from London to Barnet; about a quarter of a mile on the other side Whetstone turnpike I was overtaken by a man in a dark brown coat, on a pretty large black horse; he presented a pistol, and bid me stop, and deliver my watch and money, which I accordingly did; my watch was a metal one; I delivered him a guinea, and about seven or eight shillings, and a pair of silver shoe-buckles which I had in my pocket. I requested him to return me a seal which was on my watch, which he did. I told him I was going a long journey, and desired he would give me two or three shillings to bear my expences. It was dark, I can't punctually swear to the prisoner; but I believe him to be the man. Q. from prisoner. Had I any thing about my head or face? Prosecutor: I think not. Q. Why do you suspect the prisoner? Prosecutor:. He was taken the next day, with the watch and buckles upon him. Benjamin Hobson. On Tuesday the 10th of December, about eleven in the morning, I being overseer in our parish of Epping, the prisoner's horse was shoeing at a blacksmith's shop; he was suspected to be a highwayman. A person came and told me; I went and viewed him. He was in very mean apparel, and had a watch, which was thought to be gold. I got the constable and apprehended him; and in searching him, I found a pistol in his pocket, (produced in court) it was not loaded. This watch I found also (produced in court, and deposed to by the prosecutor.) I found in his pocket these pair of silver shoe-buckles, (producing them.) Prosecutor: I lost exactly such a pair the evening before; I believe them to be mine; but as there may be others of the same pattern, I will not swear to them. B. Hobson: The prisoner's horse was a black gelding, about fifteen hands high, with two white feet behind. There was about seventeen shillings in silver, and some halfpence found upon him. I asked him if he had ever a friend that could come to his character? he said he had lived to bury all his relations, and had not a friend in the world. Q. How was he dressed. B. Hobson: He had a brown great-under that a flannel waistcoat, which he had bought of a salesman in Epping for three shillings that morning. Richard Archer: I am the constable; Mr. Hobson came to me, and said there was a man at the blacksmith's shop, which he suspected to be a highwayman, and charged me to go along with him, and bid me clap him on the back, and say he was my prisoner. I then charged him to assist me. I went and secured the prisoner. We led him to the sign of the cock, and in searching him found this pistol, watch, and buckles, a paper of powder, seventeen shillings and six-pence in silver, and six-pence in halfpence, and a ticket with which he had come through the turnpike at Epping. He had nothing to say for himself. Prisoner's defence: I bought the watch of a Jew for five guineas, on board the Lively man of war, five years ago; and the buckles about three years ago; but I can't find the person I bought them of. To his character. Edward France: I have known the prisoner ever since he was a day old; his father and mother kept the Turk's-head in Soho-square; I never heard any thing bad of his character; he had a good education; I think he was sent to sea about two or three years ago; his father is dead, but his mother, brother and sister are alive. Robert Pratt: I have known him ever since he was a child; I never heard any thing dishonourable or dishonest of him. Anne Pratt: I am wife to the last witness; the prisoner was born in my house; I have known him over since. The prisoner was fitted out by his mother to go to sea about two months ago; but did not go. I never heard any thing dishonest of him before this. Q. to prosecutor, By what do you know this watch to be yours? Prosecutor: The maker's name is Dudd; I can't tell the number. I also know it by the ribband being cut, to take the seal off, which was returned me; also by the gilding being rub'd off the back of the case, and the bottom to the spring that opens it was bruised. Verdict: Guilty. Punishment: Death. Upon Mr. Hobson's demanding the horse the prisoner rode, the act of the 4th and 5th of William III. was ordered to be read, wherein it appears the captor's being intitled to the horse, arms, money, and furniture, taken on the robber, except the same be feloniously taken before the robbery. By this statute, any person who lends or lets any horse to any highwayman, forfeits the same upon conviction. |
| 15th
May, 1755. Richard Griffith, Elisabeth Griffith, Crime(s): theft: animal theft, theft: receiving stolen goods, Crime Location: Hadley Richard Griffith was indicted for stealing one weather-sheep, value 20 s , the property of Henry Worster , April, 24, and Elisabeth Griffith , his mother, for receiving the same, well knowing it to have been stolen . Henry Worster: On the 24th of April last I missed a weather sheep out of my fold in Endfield parish at a place called Hadley; the prisoner was taken up on the 25th, and the body and skin of a weather sheep were found in a chest in his mother's possession, she is the other prisoner; he was carried before justice Caesar at Barnet, there he owned he stole the sheep out of my ground, and he owned it at several other places. John Lock:I am a constable; the prisoner Richard Griffith was delivered into my care; I heard him confess he stole the sheep. Q. Where did he own this? Lock: Both at my house and before the justice. William Walker: I live at Hadley, the gentlemen of the parish had turned the woman at the bar out of doors, she living in a town-house; there was a person wanted to search a chest of hers, as it stood out at the door, for a gun that he had lost, and in searching found the carcase of a sheep, the skin and the Intrails of the sheep wrapped up in the skin, all in the chest, (the skin produced in court and deposed to by the prosecutor, as the skin of his weather-sheep he missed on the 24th of April). Walker: I had the care of the prisoner; I heard him own he stole the sheep. William Romboult: On Friday the 25th of April I was ordered to look for a gun in the woman's chest, there we found the mutton, the guts, and every thing, in the skin. Q. How long had the chest been put out of the house the woman laid in? Romboult:. It had been put an hour and half. Q. to Walker. How long had the chest been put out of the house before the carcase and skin were found in it? Walker: About an hour and half. Richard Griffith's defence. I was in liquor and did not know what I said, I might not say I stole it for what I know. Q. to Lock. Was the prisoner in liquor when he confessed it? Lock: I believe he was not then, for he drank but very little beer. Elisabeth Griffith's defence. I was not at home when the things were put out at the door; I never saw the mutton with my eyes. Richard: Verdict: Guilty. Punishment: Death. Elisabeth: Verdict: Acquitted. |
| 10th
September, 1755. Jonathan Wigmore, Crime(s): breaking the peace: assault, Crime Location: Finchley Common Jonathan Wigmore was indicted for that he a certain pistol loaded with gunpowder and a leaden bullet, did wilfully and maliciously shoot off at Duncan Robertson, May 7. + Duncan Robertson: On the 7th of May last, I went out from London with the York coach. I was sitting on the box with the coachman, going over Finchley - Common. There came a man on a bright bay horse, with a small swish tail ; he had on a fustian frock, with a pair of greasy breeches, and his face covered with a black mask, a slouch'd hat, and a black peruke. Q. Did he overtake or meet you? Robertson: He overtook the coach, and rode up to the coachman on the off-side, and immediately, with a great oath, ordered him to stop, or he'd blow his brains out. The ladies in the coach seeing him pass the window, with a pistol in his hand, and a mask on his face, said one to the other there comes a collector, get your money ready. Q. How many passengers were there in the coach? Robertson: There were five gentlewomen, and a gentleman of about 50 years of age. The coach stopped. He immediately order'd the ladies to pull down the coach windows, or he'd blow their brains out. One of the gentlewomen said, have a little patience, and we'll give you our money directly. He, with a great oath, said, my business is haste. There was a servant belonging to capt. Paterson asleep in the basket. The robber thought he had got fire-arms about him, and said to him, if you don't come out I'll blow your brains out. I had a pistol in my pocket, being quite new; I took it out; he did not then perceive me; I could not fire it off; I return'd it near my eye to see whether I had got my finger on the guard or the trigger; then he perceived me. Upon seeing it, he said, you rascal come down, or I'll blow your brains out. He rode round the coach, fearing he should shoot the coachman. I said to the coachman, for God's sake get down; which he did. The robber rode round the coach, and swore he'd blow my brains out; and I ordered the robber, as he came round, to fire at me. Q. Why did you order him to fire? Robertson: I thought I should have the better chance to fire last. He would not fire. Immediately I fired at him; and he directly fired at the same time. I did say I hit him; but I can't be certain; I suppose I did. His ball went thro' the right shoulder of my coat and waistcoat, and just graz'd, my shoulder. (He shew'd the hole in his coat, having it on.) Immediately I jump'd from the box, on the near side; and he jump'd his horse over the ditch by the road-side, and turned his horse's head about towards the coach again; I ran round the horses, and attack'd him on the other side, and pull'd out my other pistol; I talk'd much to him; he did not say much; then he shot at me a second time; his ball went just by my body, as I was between him and the coach, and swore he should not rob the coach. That ball graz'd under the coach wheel. Then I said I am your master now; you have got no more powder and ball. Q. How near was he at that time to you? Robertson: He was about ten yards from the coach, and I was between that and him. Immediately he pull'd out a third pistol, and shot at me a third time. That ball fell into a little puddle of water, and, thanks to God, did not hit me. Then immediately he rode off, and I call'd him many names as he rode. Then I got up on the coach-box, and we went on; and I can give no farther account. Cross examination. Q. Did you know the man that fired at you? Robertson: I can't say the prisoner is the man; for I did not see his face. Thomas Cogdel: There came a gentleman riding after the prisoner, and call'd, Stop highwayman. Q. Where was this? Cogdel: This was at East Barnet. I followed the prisoner to Enfield-Chase. I went up to him, and bid him throw his pistols away; he said, he would not. I bid him throw them away three or four times; at last he said, young man come and take them. I was going up to him; he said, young man stop before you come any further; I did; then he said, will you not hurt me? I said, no; then I was going up to him; he said, stop before you come any further; and added, will you not let any of the others hurt me? I said they should not if I could help it; then he said, come and take them; which I did; there were three of them. (Produced in court, three horse pistols.) We took him to Barnet, to the justice's, and from thence to the Sign of the Swan; there he lay all night. Q. . from the prisoner. What time of the day did you take me? Cogdel: This was in the forenoon; I can't justly tell the time. James Lockey: On the 7th of May I was, among others in pursuit of the prisoner from, East Barnet to Enfield-Chase, where we took him. Q. About what time did you take him? Lockey: I believe it was about eight in the morning. We carried him to High Barnet, before the justice. I did not see him examined there, being obliged to go and get my cloaths I had pulled off in the pursuit. Then I returned, and went to the prisoner at the Swan; there I saw his thigh cut in order to take out a ball. Q. What ball? Lockey: I shot him before he would be taken, in the pursuit. I saw Mr. Robertson before justice Fielding, and saw him shew the hole in his coat, where he said the highwayman shot him. James Swale: On the 7th of May, about six in the morning, I was at work just by where the York coach was stopp'd on Finchley - Common. I heard a gun go off, and somewhat of a noise with it. I stepped about a yard or two, and look'd over some pales, and saw a man attacking the coach. I heard Mr. Roberson say to the man on horseback, sirrah, you rogue, you villain, you want to rob the coach, and you shall not. You are a highwayman, a thief. I saw Robertson fire once, and the prisoner two times. Q. How do you know it was the prisoner? Swale: The man that was taken was on the same horse, and I saw him upon the pursuit. Q. Did you observe whether the man's face was cover'd? Swale: I could not; I believe I was 200 yards from him. Q. Which way did he make off? Swale: He rode towards Brown's-Wells-Hill, coming towards London. Q. Describe the horse he rode upon, and his cloaths. Swale: It was a bright bay lame horse, and he seemed to be in a darkish sort of a frock, with a hat not cock'd up, and a black wig. I went to my master, and call'd out, there is a man will rob, or has robb'd the coach. Q. Did you ever see him after that? Swale: I did in about a quarter of an hour, upon Finchley - Common, making up to a wood. Q. Are you sure that man was the man that had left the coach? Swale: I am sure he was the same. He went into the wood, and so did I. There were so many people about it, that he was obliged to forsake it, and I met him again on the side of the wood, the same man, and the same horse; then he made away for East Barnet and Enfield-Chase. I could not run so fast as he rode. Two men on horseback began to follow him from the man hanging in chains on Finchley-Common , and I and the two witnesses that have been examined followed so far as Coney-hatch , and then went back again to my work. Cross examination. Q. How near was you to the man when he came round the wood? Swale: I was not 200 yards from him; I once was within 50 yards of him. Q. Who were the persons that followed the man? Swale: One is William Taylor, the other John Newil; I could see them; he kept galloping, and they after him. William Taylor: I was facing the man hanging in chains on Finchley - Common, and was shew'd the prisoner, and pursued him to the place where he was taken. There were a great many people round the wood; the man was described to me that had stopped the coach in another sort of a dress than the prisoner had on. He had on a loose brown great-coat, and a whitish wig; he was on a bayish sort of a horse. Q. to Swale. Had the man you saw a great-coat on? Swale: No; he had not when he left the coach; but when he came out of the wood he had a light loose great-coat on, and a light wig. Q. How do you know that this was the same man you saw before? Swale: It was the same horse, and the same size of a man, as nigh as I could guess. Q. Did you ever see the man's face? Swale:. I did, when he went from the wood; he had no mask on then. Q. Had you ever seen him before that day? Swale: No; I never did to my knowledge. Q. How old are you? Swale: I am in the 74th year of my age. Q. By what do you know the horse? Swale: The horse had a little swish or wisk tail; a bay horse, and lame; the same that the man rode who attacked the coach. Taylor continues. I pursued the prisoner from that place to the place where he was taken. His horse broke his leg at East Barnet, and we took him on Enfield-Chase. We carried him before a justice at Barnet; after that he was carried to the Swan at Barnet, and had his wound dressed. Q. In what part was he wounded? Taylor: He was wounded through the hand, and into the thigh. John Newil: On the 7th of May I got up about six in the morning; I was told there was a highwayman in the wood; the man was described to me; I got my horse, and went. Q. How was the man described? Newil: To have a lightish sort of a coat on, and a horse with a swish tail. I went into the wood, but could see nothing of him. After I had been there some time, out came the prisoner. I was within sixty yards of him; he was dressed in a loose horseman's coat; he had the frock underneath it, as was described to me, as I imagined, and a grey wig on. I said to William Taylor, that must be the man; we will follow him; he turned about, and took out a pistol and swore if we followed him he'd blow our brains out. Then we turned back a little way, and followed him again, and went on to a place called Coney-hatch, then through a large wood; and as he was riding up a hill at East Barnet, his horse broke his leg short in two. I rode and catched hold of his horse, and he jump'd off, and ran down a lane; I rode down after him; I was near him when he was taken. In the whole I believe I was six or seven miles after him; sometimes within an hundred yards of him, and sometimes less. George Gardner: I was at work upon the Common that day, and was told a man had been firing at a coach. I was hewing of timber, and did not hear it. I saw his horse went lame. We pursued, and could track him by a bar-shoe. I also saw the prisoner's horse after he was dead, and he had a bar-shoe on. Kinga Brebrook: I saw the man attack the coach, and fire when he left it. I followed him to the wood. Q. How was he dressed when he attacked the coach? Brebrook: I don't know. He was upon a bright bay horse, with a sort of a swish tail. When I lost sight of him I track'd him by a bar-shoe the horse had. When he came out of the wood again I was standing at the place where he went in. Q. How long did he stay in the wood? Brebrook: He came out I believe in about half an hour. I was in the path-way. I saw his face. He drew out one of his pistols, and carried it in his left-hand. I got out of the path to let him go by. Q. Was it the same man that you had seen before? Brebrook: I can't say it was the same man, but it was the same horse that went into the wood. I followed him as far as Coney-hatch, but was not present when he was taken. Prisoner's defence: They have got another witness to call, that the coachman that drove the coach, and the constable. Court: Then you may call him, if you please Prisoner: Call John Pooley; he will tell the court the horse the man rode had a cut tail. John Pooley: I drove the York stage when it was stopp'd, as has been mentioned. Court: Describe the horse the man rode on. Pooley: He was on a brown bay horse, with a swish tail. Richard Doubleday: I am a constable. Some time after the prisoner was committed we had an affair to settle with the overseers of Enfield parish. As my brother constable and I went there, while we were going along, I said we will call and see Jonathan's horse. We call'd at the sign of the Cat; the horse was in the stable there; he was a bayish gelding, with a black mane and tail, and to the best of my remembrance a cut tail. Q. Did you look at his shoes? Doubleday: No; I did not. Q. Do you know how long the tail had been cut? Doubleday: I don't. Q. Was you acquainted with the circumstance of the bar-shoe then? Doubleday: No; I was not. Humphry Buckle: My brother constable and I going towards Enfield, we called at East Barnet on purpose to take the marks and colour of the horse. Q. When was this? Buckle: This was about seven days after the prisoner was taken. Q. Was it before the horse was kill'd? Buckle: It was. I saw him; it was a bay horse, with a cut black tail. Q. Are you sure it was cut? Buckle: I suppose it was cut. Q. Was it or was it not cut? Buckle: It was, but not that day. Q. How do you know that? Buckle: I know that; it had been cut some time before. Q. How long before? Buckle: Some time. Q. Had it been cut a week? Buckle: Above a week, or a fortnight, or a month either. Here has been many people examined here that don't know a horse from a cow, except by the horns. I get my bread by buying and selling horses. Q. Where do you live? Buckle: I keep a public house; my character is fairish. Q. Did you examine about the bar shoe? Buckle: I know nothing of that. James Lockey: This can't be true. We killed the horse in three days after the prisoner was taken. Prisoner: That man shot me in the hand, and in the thigh, both at one time. The prosecutor looked at the three pistols. I will swear these are the three pistols that were shot off at me. Thomas Palmer: I have known the prisoner five or six years; he once kept a publick house in Fleet-lane. Q. What is his general character? Palmer: He has so good a character, that was he out now, I would lend him a hundred pounds. I never thought him capable of doing such an act as he is charged with. William Megers: I have known him ten or twelve years; he has a very good character as ever I heard a man have in my life. I never heard anything bad of him. He has dealt with me for many a pound. He lived in Fleet-lane. I used to look upon him as a man of substance. Q. What are you? Megers: I am a butcher. Mr. Porter: I have known him about nine years; he was a very good neighbour, and bore the character of an honest man; I don't believe he would be guilty of shooting at a man; neither will any of my neighbours. Thomas Rawlinson: I have known him nine or ten years; he always bore a very good character as ever I heard in my life. I looked upon him to be a man of substance. Thomas Holding: I have known him about five years; he bears a very good character. I have earned many a pound of him; I don't think him guilty of this fact. Q. Did you know him when he kept a public house? Holding: No; he has not kept a public house this five years. Q. What business has he followed within these five years? Holding: I can't say what business he follow'd this last five years; he is a very honest man. Q. to Palmer. What became of the prisoner when he left the alehouse? Palmer: When he left the alehouse he married a widow, and she and her mother lived together. They had an estate, and lived on their substance. Since that, he used the Bull-and-Gatter in Fleet-market. Q. What was that estate per year? Palmer: I have heard it was about 40 l. per year. I know he sold some of it. Q. Did you ever hear he was employed in any other way? Palmer: No; I never heard what else he was employed in? Q. to Holding. In what business have you earn'd many a pound of the prisoner? Holding: I earned 20 l. of him in my way. Q. In what? Holding: In scouring cloaths for him. Cornelius Molear: I have known him about four years last past; he lived in Bell-savage-yard. Q. Had he a house there? Molear: He was a lodger, I believe. I was pretty frequently in his company. I look'd upon him to be a man of a good character. Verdict: Guilty. Punishment: Death. |
| 14th
July, 1756. |
| 7th
December, 1763. John Edinburgh, Crime(s): theft : animal theft, John Edinburgh was indicted for stealing a brown gelding, value 8 l. the property of Elizabeth Yates , widow. Nov. 1 * Jonathan Cook: Mrs. Yates lives at Hadley, by Barnet; I am her son-in-law. We turned a brown horse out upon the common, on the 28th of Oct. and we miss'd him about 8 the next morning. Q. Describe the Gelding. Cook: He has a white spot on the saddle-mark, about as big as a half crown, on the off side. I went about the country, and not finding him, I advertised him on the 1st of Nov. On the same day, I was told there was some reason to suspect the prisoner; he came down that very day fortnight I lost the horse. Q. Did you know the prisoner before? Cook: I did. He had lived with Mr. Thomas Seers, at Barnet; I saw him at the sign of the Harrow, and asked him where he lived now? he said, in Kent, and that he was just come out of Northamptonshire, and we knew that he was in London all the week before. I got a warrant and took him up, and on talking to him, he told us where the horse was sold in Kent, at a place called Chipset at the Cock, within 2 miles of Seven-oaks: he did not know the man's name. I went down, and upon enquiring, found that the man that bought the horse, was come up to London with him. I found the horse in a field by Kent-street road, in the possession of Mr. Lutham: this was a fortnight and 3 days after we had lost him. I told Mr. Lutham it was my horse: he said if it was, I might have him. The prisoner after that, told us, he drove the horse up against our field gate, and catched him, and sold him to that man between seven and eight in the evening. This was in my hearing, before Justice Hassel. Cross Examination. Q. How long might the prisoner live with Mr. Seers at Barnet? Cook:. Five or six years, I believe. Q. What was Mr. Seers? Cook:. He was a distiller. Q. Do you know where he went to live afterwards? Cook: I believe he went to live with captain Seers, Mr. Seers's brother. Q. Were there any promises made the prisoner in order to this confession? Cook: No, none at all. Philip Davis: I live at Hadley; I took a ride with Mr. Cook to Chipset, we found the horse by Kent-street road. Q. Whose horse is it? Davis: It is the property of Mrs. Yates, a Baker at Hadley. John Lutham: I set out from the Borough to go to Chipset, on Friday the 28th of October, at 5 in the morning, with another person. The prisoner kept us company all the way. We lay at a place called Lock's-bottom; there I bought this gelding of the prisoner; it was the horse he rode on. Q. How far is that place from London? Lutham: It is about 12 miles and a half from London; the prisoner said he was going to Tunbridge. He said the horse cost him five guineas, that he bought him to go a smuggling with, but he was going into place again, and was willing to sell him. Q. . What did you give for him? Lutham: He ask'd 5 guineas; at last we agreed for 2 guineas and a half, and paid for him at the Cock at Chipset: the same horse Mr. Cook came and own'd in the field by Kent-street road. After I paid for the horse, the prisoner gave me this receipt; he said his name was Williams; he could not write, but made his mark by that name. Cross Examination. Q. What is your business? Lutham: I buy and sell apples. Q. Did you know the prisoner before? Lutham: I never saw him before to my knowledge? Q. Is he the same man you bought the horse of, are you certain? ( The prisoner is a black.) Lutham: I believe him to be the same man; I know I bought him of a blackamoor. Prisoner's Defence. I do not know any thing of it. To his Character. Samuel Seers , Esq: I have known the prisoner about 12 years; he was servant to my brother about six years, or rather better, at Barnet; he left my brother's service about five years ago, and came to me; he lived with me about six months, till I went abroad, and I left him behind. I always had an extreme good character of him, as a very honest fellow: my brother recommended him to me as such, and I found him so; he was trusted at my brother's with horses and things, and with me with every thing I had. My going abroad in the government's service, was the cause of my leaving him; I recommended him to Mr. Danser, a surgeon, at Barnet; this was in the latter end of the year 58. Mr. Danser gives him an extream good character, and would have attended here if possible he could, but as the trial was very uncertain coming on, he could not. Q. How long have you been returned to England? S. Seers: I have been in England about eight months; the prisoner came to me about 10 days before he was taken up, and told me he was out of service; I told him I would take care and get him a place. Was he at liberty, I really would take him into my service now. Miss Hannah Seers: I have known him about 12 years; he lived with my father six years; he was a very honest, faithful servant: his character has been very good since; I never heard to the contrary till now. Q. Where do you live? Miss H. Seers: I live at Barnet. Q. Have you seen the prisoner lately? Miss H. Seers: I have heard of him frequently within this last 12 months. Miss H. Seers:I have known him as long as my sister; we have frequently heard of him, that his master liked him exceedingly well. Gentlemen all round about give him an exceeding good character; I could hardly think a man of so good a character could be guilty of such a thing. Verdict: Guilty. Punishment: Death. |
| 14th
January, 1768 Joseph Ward, . Crime(s): killing : murder, Crime Location: Hadley Joseph Ward was indicted for the wilful murder of William Langford , by striking and stabbing him with a knife ; he also stood charged on the Coroner's inquest for the said murder, Dec. 29. * Edward Harman: I was with William Langford on the 29th of December, drinking at the Windmill and Crown, upon Hadley-green, near Barnet; about nine at night we were going home; we called in at the Two Sawyers, near the White-lion, Kitt's-end; they told us we had had beer enough, and would draw us none; we went out, and was got but a little way, I heard Ward say behind us, how they walk; we were upon the causeway; he said, he would clear the road; he came and threw Langford off against the pales in a ditch on the right hand side, and me out into the road on the left hand, and ran away; I ran after him and knocked up his heels; he got up and ran away again; we ran and overtook him; I was the first; we had some words and some blows, whether I struck him first, or he me, I cannot tell; I know I threw him down, and I think I kicked up his heels again; presently I found myself cut on my left hand, and was stabbed in two places in my body on my left side; this was at the back of the White Lion; I lost a great deal of blood; I thought Langford had been gone; soon after I heard him call murder; then I found he was lying on the ground; there was a horse-keeper named Jennings came up, and took me by my left hand; he finding me bloody, he said, he was afraid there would be murder, here is blood; then I ran away, and went to where I lodged, there I found Langford, my landlord had washed him; he lay along with me that night, as he could not get home; he never complained in the night; he could not get up all day; we examined him, and found he was cut in his bowels, there were some of them out, and he had a cut under his eye; it was done on the Tuesday night, and he died on the Thursday morning; the prisoner was an utter stranger to me, and there was not a word passed between us before he pushed us off the causeway. James Carol: I did live at the White Lion; I called in at the Two Sawyers, the deceased and this evidence called in for beer, the woman would not let them have any; they turned out; after that the prisoner who was there, asked me if I would go home; I came out along with him, he and I were both along side each other; the deceased and Harman were one a little before the other, between the Two Sawyers and the White Lion upon the causeway; the deceased was behind Harman; Ward said to me, see how he walks; then he ran on before me, and pushed them both off the causeway; Langford sell against the pales, and Harman on the other side; then he ran away, and Harman recovered and ran after him; he overtook him, and kicked up his heels; I ran down the White Lion yard to call my fellow-servants; as I was going in at the gate Ward ran by it, and the other two after him; my fellow-servants came out; we went after them, they were got behind the house, they were all three fighting; Jennings laid hold of one of Harman's hands and pulled him away; he found his wrist cut, and he was bloody; he said, he would have no hand with them, and left them there together; (the prisoner lived at the White Lion.) Anne Couch: I am servant at the White Lion; I heard the cry of murder between 10 and 11 o'clock that night; I went out into the road, there were two men fighting, and one lay down; Ward was one of the men fighting; I saw him shut up his knife, and put it into his pocket; I immediately called out, and said, there will be murder done; then he went to fighting with the man again; they both tumbled together; the other was lying on the ground all the time; one of my fellow-servants took hold of the men's hands, and said, do not fight two against one; I got some blood on my face, and a spot on my cap; Ward called to his fellow-servants and said, will you not help me, or will you let these two men kill me; that was just before Jennings took hold of the man's hand. Benjamin Jennings: I live at the White Lion; I was told there were two men fighting with Ward; I and James Carol went out; they were then all three standing up pulling one another about; I laid hold of Harman's hand, and found it was cut; I said to Carol, here will be murder, or other mischief; we left them all three standing; I saw nobody down; the next morning Ward came through my room when he got up; he came to me with a candle and lanthorn in his hand, as I was in bed, and said, I will go and see whether he is there or not, or whether he is dead, I do not know which; he said, if he is, I will throw him into the pond, or put him under the ice, I cannot tell which. John Sandford: I am bailiff to General Keppel , I live at Kitt's-end; the deceased came to my house about 10 o'clock on the 29th of December, and asked for Edward Harman ; I said, he was not come in; he begged I would let him either sit or lie down, he was much hurt; he seemed very much disabled; I put him in a chair, he was in a very bloody condition; he said it was some horse-keeper, or hostler at the White Lion that had hurt him; I took some water and washed his face; he seemed very much hurt about about his eye, his hands were very bloody; he said he was very cold, and shook, and desired to be by the fire; I led him to the fire, and put him in a corner; he seemed to bleed about the eye very much; after that Harman came in, and they both went to bed together; the next morning I got up about seven; he complained very much of his head, and said he thought he should die; he seemed in a very languishing condition till about seven the next morning, when he died. William Wilson: I am a surgeon, and live at Barnet; I examined the body of the deceased on the first of January; I first examined a wound within two inches of the navel, on the abdomen, I think that did not immediately occasion his death; the other wound was upon his left eye, I think that occasioned his death, it was near an inch in depth; according to the appearance of them, I think the wounds were given by a knife. Verdict: Guilty of manslaughter only. Punishment: Branding, imprisonment: Newgate. |
Newgate Prison
| 9th
January, 1772. JOHN MILLARD, Crime(s): theft : simple grand larceny, Crime Location: between Barnet and Whetstone JOHN MILLARD was indicted for stealing thirty-two yards of woollen cloth, value 10 l. twelve yards of scarlet serge, value 40 s. and six yards of crimson serge, value 40 s. the property of William Bailey . Nov. 26. William Bailey : I am the Bedford carrier. I lost the cloth mentioned in the indictment out of my waggon on the 26th of November, between Barnet and Whetstone. It was a truss, and came from Jones and Co. No. 11, facing the Mansion-house, directed to Richard Swinston , at Bedford. I saw it put into the waggon in London. John William Stonehouse: I am warehouseman to Jones, Habbard and Burd. I measured the cloth, and delivered it to the porter to be pack'd up and carried; there was sixteen yards and three quarters, and seventeen yards of nap cloth, a mix'd lightish colour. There was fifteen of crimson, and fourteen and three quarters of scarlet serge. This I delivered to Paul the porter, to be carried to the White-hart, St. John's-street. I saw it afterwards at Justice Girdler's; the two pieces of nap cloth were exactly the same measure; I am certain it was the same cloth. There were two pieces cut up the middle; I put the seal of the house upon one of them. The serge was deficient, only six yards and a half one piece, and six and three quarters of the other, was remaining. It was as near that quantity as I can recollect. It was entered on the 25th, and delivered to the carrier on the 26th. William Paul: I am porter to Jones and Co. I carried the parcel out of the house; I can't be certain whether it was delivered to me to pack. I carried it to the inn to the Bedford carrier. I saw them book it, and put it into the waggon. John Ambridge: I drove the Bedford waggon the 26th of November. I had a truss of cloth in the waggon, directed to Richard Swinston ; it was lost out of the waggon between Whetstone and Barnet; I missed it before I got to the bottom of Barnet hill; I had seen it on the other side of Whetstone. Q. Had you staid behind the waggon? Ambridge: No, I never was away from the waggon all the way; there were no passengers in the waggon; I walked with the horses. Q. Did you see any body about the waggon? Ambridge: No. Q. Did you see the prisoner thereabouts? Ambridge: No; it was between six and seven o'clock at night; it was dark; we set out between two and three. There were some empty flatts that we put butter in lay at the top of the waggon; I was afraid they would shake out, so I went to look after them beyond Whetstone; then I saw the truss was safe. Q. Was the truss pretty heavy? Ambridge: It weighed something above half a hundred weight. A man at the bottom of Barnet hill came and asked me if I had not lost something; then I missed it. He said he saw somebody go away from behind the waggon with it that he then thought belonged to the waggon. John Dowler: I am a brass-founder, and live on Saffron-hill. I went to the Three-Pigeons in Turnmill-street for a pint of beer, on the 26th of November. The prisoner came in there, and asked me to carry a parcel up stairs to one Joseph Fuller , that was an acquaintance of his. The people of the house did not chuse to let the prisoner go up. I carried it up; it was a piece of crimson serge tied up in a silk handkerchief. When I came down again, he asked me if it was safe; I said, the man said it was. Then he bid me go up and fetch him the outside handkerchief, and bid me tell the man he wanted him. I brought down the handkerchief, and Puller came down and spoke to him. Some words arose between the prisoner and another man in the house, and they went out. When I went to get my breakfast the next morning, the landlady asked me if I knew what I had done in carrying up that bundle. I said, no. She said she believed it was stolen. They stopt the things. I delivered the serge to Mr. Laws the constable. Henry Stocks: I keep the Three-Pigeons. The prisoner came into my house on the 26th of November, and asked for Puller. He was in liquor, so I desired they would not call Puller down. I found the piece of crimson serge under the bolster. The prisoner came for it next night, and we stopt him, and took him before Justice Girdler. He said there that he bought it of a man in Aldersgate-street. (The serge produced.) Stonehouse: This is the same quality and colour as that which was lost. William Laughar: I went to Mr. Stocks's house, and brought the serge down. The prisoner was below; I asked him who owned it; he said it was his, and if any body had more right to it, let them have it. I took him into custody on Thursday the 28th. I went to him, along with one Wenmore, to Clerkenwell Bridewell: I asked him where he bought it; he said he had sent a letter to the party he bought it of, and he would be with us in an hour or two. I waited four hours, no body came; so I advertised it the next day in the Daily Advertiser. The next day the prisoner said he had it of a man in Aldersgate-street that he never saw before; I apprehend he meant that he bought it of a man in the street. Prisoner. I cannot tell what I said then, I was in liquor: he said he would make the cloth pay for it before he left the Old Bailey. Laughar. I did not say so; I gave him share of a pint of beer now and then, and a bit of bread and cheese, out of humanity. Edward Prebble: I keep the White-horse, Chiswell-street, Moorfields. The prisoner and another man came into my house with two pieces of cloth, on (I think) the 27th of November, about twelve at noon; they had some in a sack, and a piece under their arms. After they had been about an hour, they asked if we could lodge him. I said he might lodge in the garret, and put the things in my bed-chamber. I thought he had brought them out of the country to sell. He went away, and I heard no more of him till Saturday, when the other man came to me, and told me, a spiteful person had put him in prison on suspicion of stealing the cloth, and asked me to let him have it. I would not. He said he was going down to be examined again, and asked me if I would go. I went, and told the justice of the other things. I saw it measured at the justice's; I think one of the two pieces was light cloth; one 17 yards and upwards, the other 16 yards, and one I believe about 12 yards of serge. I believe this to be the same. John Pinmore: I am a constable of the parish of St. James's, Clerkenwell. I went along with the prisoner before the justice. I went first to Bridewell to the prisoner; he said the man he bought it of in Aldersgate-street would be with us in about an hour. Mr. Prebble acquainted the justice, that he had a large quantity of cloth left at his house. (The remainder of the cloth produced.) Stonehouse: Here is a number on this cloth. The seal and number was put on by myself. I am certain this is the cloth I sent to the waggon. Prebble: This is the cloth that was left at my house by the prisoner. John Stanton . I am book-keeper to the Bedford waggon. I received this parcel; it was sent by the Bedford waggon on the 26th of November. Prisoner's Defence: I was going down to Birmingham, and between Whetstone and Barnet I saw this lying on the road. I picked it up; another man was very close by me; I brought it up on the Causeway; found it too heavy for to pretend to carry it back to London; I took a piece out, and put the other on the side of the road. I thought, as the hay-carts came to town in the morning, that they might bring it. I did not know the colour, it being dark. I came to town to the Three Pigeons; I left a piece with a man there, a countryman of mine; I never offered to sell it. I went and gave a man a shilling to put it in his hay-cart, and carry it to Mr. Prebble's. I never advertised the thing; I did not know how to go about it; I intended to advertise it going next day to the Pigeons, thinking I had all the cloth together. They charged a constable with me. I know I was a little in liquor when I went there. I saw no waggon when I picked it up. Q. from Jury to the waggoner. Do you think in the situation it was put, that it was possible to fall out of the waggon without its being removed? John Ambridge: It could not possibly get out; it lay in the bed of the waggon, and the flats on it. I think they must have got into the waggon to get it out. Stonehouse: Six yards and a half of the cloth is missing. Verdict: Guilty. Punishment: Transportation. |
| 14th December,
1785. RICHARD WATTS, JOHN MALING, Crime(s): theft with violence : highway robbery, Crime Location: Hadley Green RICHARD WATTS and JOHN MALING were indicted for feloniously assaulting Peter Fernhead , on the King's highway, on the 5th day of December last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one waggoner's whip, value 4 s. 6 d. the property of Richard Knowell . (The case opened by Mr. Garrow.) The witnesses examined apart at the request of Mr. Peatt, prisoner's councel. PETER FERNHEAD: sworn. I was guard to Mr. Clarke's waggon, of Leicester, I went with the waggon through Barnet, the clock struck seven as I was going through Barnet, when I came on Hadley-Green, I saw a man cutting the ropes of the off side of the waggon; that was Watts; I struck him with my whip, and immediately three men came up, I struggled as long as I could, and they wrenched the whip out of my hand; one of them had some instrument that looked like a billhook, then Maling came up, and one of them said damn him murder him, then Maling struck me with the bill-hook. Q. Are you sure they are the persons? - I am as clear as that I hope to eat or drink. Q. Are you quite sure of it? - I am quite positive of it, then I hallooed out murder, and fell down on this arm, and immediately somebody struck me on the shoulder, I cannot tell who it was, I was quite distracted before, a waggoner who was before me returned at my not coming along, and he came back to me, they ran away and left me in that condition, I searched for my whip, but could not find it, that was wrenched from me by one of the persons, I stood as I long as I could; I saw them at Justice Blackborough's, and knew them among a number of people. Q. Did you single these two men out from all the rest? - I did. Q. Had you then or have you now any doubt of them? - Not in the least; my hat was cut through. Court: I very much doubt whether this is such an offence as in point of law is called a robbery, therefore my opinion is, that another indictment should be filed against them for a misdemeanor; you might indict them for an assault with intent to rob upon a special count, and another for assaulting and wounding. Verdict: Both Not Guilty. Court. Let them be detained for the purpose of an indictment, and referred to Mr. Blackborough, who committed them, to take good bail. Tried by the second Middlesex Jury before Mr. Baron HOTHAM. |
The Old Bailey 1824
| 7th
May, 1788. WILLIAM MACSALL, Crime(s): theft : animal theft, WILLIAM MACSALL was indicted for feloniously stealing, on the 5th of May, a brown gelding, value 40 s. the property of Henry Heald . The indictment was opened by Mr. Garrow. HENRY HEALD: sworn. I am a pork-butcher at Barnet; I saw my horse on the common about 11 o'clock last Sunday morning; he had been there ten weeks, or three months; I missed him upon Monday morning; yesterday morning I found him in the possession of the next witness; the prisoner was taken on Monday night, and carried before the Justice at Barnet; he said, he had no excuse to make, that he stole him to sell him. Was any promise made him? - No. Nor threatening? - No; he has been about Barnet ten years. JOHN CAVELL: sworn. I am one of the gate-keepers at Battle-bridge turnpike; on Monday, about twelve at noon, the prisoner came up to the gate, riding a horse without a bridle or saddle; I asked him what he was going to do with him; he said, he was going to sell it; we agreed, and I gave him fifteen shillings and a pot of beer for it; I put him to the side of the road, to the grass; he eat there I suppose for two hours; after he had been there that time, he could not move; and when I found he could not do any business, I sent to Mincher, a horse-boiler, and sold it to him for a guinea and six-pence. Q. How came you to buy the horse of this man? - He said, he was going to sell him; and asked a pound for it. Q. Was not the horse worth more money? - No; not to my judgment. JOSEPH MINCHER: sworn. I am a horse-boiler; I bought the horse of Cavell; I gave him a guinea and six-pence. Was that as much as it was worth? - More than it was worth; it was an uncommon poor one; I was half an hour getting it a quarter of a mile. To Heald. What do you think it was worth? - I think forty shillings. JAMES TAYLOR: sworn. I am a day labouring man at Barnet, I know the prisoner; I saw him riding the horse off the common with a halter, by Barnet gate; he said, he was going to Edgeware, about five miles from Barnet. Did you know him very well before? - Yes; for twenty years, and upwards. Cavell: He told me he would bring me another to morrow. To Heald. Had you another horse on the common?-Yes. PRISONER's DEFENCE: I did not think of taking him away; I thought to have rid him a little way. Verdict: Guilty. Punishment: Death. Aged 70 years. Tried by the first Middlesex Jury before Mr. RECORDER. |
| 3rd June, 1789. WILLIAM SALT, Crime(s): theft : specified place, Crime Location: Mount House, near Barnet WILLIAM SALT was indicted for feloniously stealing, on the 22d of May last, one hundred and twelve pounds weight of lead, value 16 s. belonging to Joseph Baydon Newditch , then and there fixed to a certain building of his, against the statute . (The case opened by Mr. Silvester.) JAMES BUTLER: sworn. I am a gardener to Mr. Joseph Baydon Newditch , he lives at Mount House, near Barnet, he has a green-house there; I missed the lead on Saturday the 23d of May, early in the morning; I am lure it was lost that night, between the 22d and 23d, because I found a piece of the lead that was dropped on the gravel-walk, which was not there the night before; I locked up and missed all the ridge off the green-house, I packed them over the pales through the kitchen garden; I was present when the lead was brought back by Lucy, the officer, I have no doubt but it was the same lead, I saw it fitted as to the nail-hooks and everything. MICHAEL WARD: sworn. I saw the prisoner, he brought the lead down the 27th of May to Mr. Pellett's, to whom I am a servant, I took it in and weighed it; it weighed one hundred two quarters and twenty-four-pounds, I gave the weight in to Mr. Pellett's clerk, I believe he was paid sixteen shillings per hundred, I did not see him paid; Lucy came in an hour after; it was all wet, and we had no other wet lead in the premises; I marked it before I delivered it. Prisoner. It was among three ton weight. Q. How long was it? - I cannot say, there was no other wet lead in the place. JOHN LUCY: sworn. On the morning of the 27th of May, I received information that Mr. Salt was in town with a cart with something in a sack, and that he had gone with his cart to Mr. Pellett's, an ironmonger in St. John-street; I went there to know what he had brought, and they said he had brought a quantity of lead; I desired to see it; I saw a quantity of lead laying wet and dirty, which the man said the prisoner had brought there; I saw Mr. Pellett, and told him my suspicion; Mr. Pellett ordered it to be marked and brought to my house, then I went to Barnet and enquired, and was further informed; I met the prisoner and the cart on Finchley Common; I secured him; coming along to town in the coach, he asked me if I could get him admitted King's evidence; the next morning he jumped out, and endeavoured to make his escape; and he endeavoured a second time to make his escape, and struck at me several times; he then asked me if I could get him admitted an evidence; I took him before Mr. Justice Trignet; the Justice asked him how he came by that lead; he said he had had it in his well a year and a quarter, that was the reason he gave for its being so wet, when he sold it; I then took the lead down to Mount House in the chaise, and in the presence of Mr. Lambert, and Butler the gardener, I fixed it to the place from whence it apparently came from; it is the same length and width as the premises, and the same nail-holes and hold-fast holes; upon a second examination before the magistrate, the lead was then again produced, Mr. Salt said that it did not come off of the green-house, and that he bought it, but refused to give any account to the magistrate where; I have the lead here. Q. You knew Salt before? - Yes. Prisoner: Fifty such men as he could not have caught me, if I had had a mind to run away; I want to ask him whether he did not swear wrongfully? - No, my Lord. LAMBERT: sworn. Prisoner. I know him. I live near the spot; I was present when the lead was compared; I wish not to pay the same compliment to the prisoner, that he has to me, of knowing me, for I do not know him, but by hear say; I went to see if this lead did match; and it matched so particularly well, that in my opinion I have not the least doubt, but it came from that green house, in every particular; and sometimes, I know in a court where constables come to be examined, that their evidence is not always right; and I was determined to go and see, I took a ladder and went on top of the green house and measured it myself, and I marked it, and the lead is here, so far as I suppose, with a deal of modesty to the prisoner, I think it is the lead. PRISONER's DEFENCE:. My Lord, on the Wednesday as Lucy took me, I had been buying some clothes in Rosemary-lane; I keep a broker's shop; I am a taylor, and deal in all sorts of rags, linen, and every thing; I got out of the cart to rest the horse, as my wife is very heavy, and Lucy came and tapped me on the shoulder; says he, I want you on suspicion of stealing lead; says I, I never was a thief in my life, nor stole any lead; says he, you must go with me; Mr. Tarling, the hay salesman, says, do not you make any reflections; Lucy has used you very ill, and if you want me, I will come and speak at the Old-bailey; and I would not have come with him, if he had not said so; he knows I never stole any property; I never was tried or apprehended at a bar in my life; as for them two men, one is a tallow chandler; he makes candles at twelve o'clock at night; I told him I had some moulds to sell. Mr. Lambert: My Lord, I would not have mentioned it otherwise, but this man has been on board the ballast lighter before, and he says he never was tried before. Prisoner: I never was caught making candles in the night; my lawyer does not know the bill is found; or Mr. Tarling would have come, Counsellor Garrow 's father would have come; my prosecutors would swear anybody's life away for a shilling; here is Butler, a man I worked for, for years, he is a man that is against me. Jury. How did you come by that lead? - I bought it, I gave three halfpence farthing a pound for it. To Mr. Butler: Do you know the prisoner? - Yes. What character does he bear in the country? - I never troubled myself about his character; I never heard any particular character of him, I never heard any good character of him for some years. Prisoner. I worked for Mr. Butler, fifteen or sixteen years, till I got into trouble for buying some lead before. Verdict: Guilty. Punishment: Transported for fourteen years. Tried by the London Jury before Mr. Justice ASHURST. |
Waiting to be transported
| 14th January,
1795. AUSTIN FLOWERS otherwise YOUNG, JOHN FLOWERS, Crime(s): theft with violence : highway robbery, Crime Location: Barnet AUSTIN FLOWERS otherwise YOUNG , and JOHN FLOWERS were indicted for feloniously making an assault, on the King's highway, on William Cross , on the 17th of November, and feloniously taking from his person and against his will, a metal watch, value 2l. a gold watch chain, value 3l. a gold seal, value 1l. six guineas, and two shillings; the monies of the said William Cross . WILLIAM CROSS sworn. Q. Did you lose any property on the 17th of November last? - A. Yes, about a quarter of a mile from Barnet, I was in a carriage with Mrs. Cross, and she observed by the coachman driving so fast, that she thought there was somebody trying to get up behind. Q. Had you hackney horses? - A. Yes. In consequence of what Mrs. Cross said I looked through the window behind, and I see the prisoners who are now at the bar, almost close to the carriage. Q. About what time was this? - A. About twenty minutes past four o'clock. Q. Were they on horse back or on foot? - A. On horseback. Q. What was the colour of their horses? - A. I cannot positively say; I have some recollection of the colour of one being a bay or sorrel, but I cannot recollect the other. Very soon after, I heard somebody cry out, stop! very loud, two or three times; and the prisoner on the right hand, the one in the red collar, Austin, demanded my money; he was on the right side of the carriage; Mrs. Cross was very much alarmed at the fight of the pistol. Q. Had he presented a pistol? - A. He presented a pistol; I requested him to take his pistol from the carriage, I had nothing worth contending for, and he should have it; he begged us not to be alarmed, he would do no injury, and he requested we would give our money; he conducted himself as civil, I suppose, as any man could do. Mrs. Cross had just given over her money, and she found a noise on her left hand, which alarmed her very much, and she put down the window, the man on the left hand ran his pistol into her neck, I gave my money, and the prisoner who last attacked us, insisted on our watches and diamond rings. Q. Did he present a pistol also? - A. He presented a pistol also, which he did not take away for some time, though repeatedly d-mned and cursed by the other man for not doing it. I think I gave him eight or nine guineas, it was more than seven, but I am not certain whether it was eight or nine; the other man still persisted that the lady had a diamond ring and the man on the left hand, John Flowers , was not satisfied till Mrs. Cross took off her glove to shew that she had not a diamond ring; John Flowers was still unsatisfied till the other, Austin Flowers said to me, will you say on your honour, that you have none? I said, upon my honour she has none; he said, then I wish you a good or a pleasant evening, and hoped I might meet with no other company, and they went off. Q. When did you again see your effects? - A. I see them yesterday for the first time, in Hatton-garden. (The watch produced by John Briggs.) I know the watch from several circumstances, a very few days before I was robbed I broke the enamel in winding it up. JOHN BRIGGS: sworn. Q. Who delivered that watch to you? - A. John Flowers, he offered to pledge it on Thursday the 20th of November, between seven and eight o'clock in the evening. I opened the watch and found it was advertised from Bow-street, as stolen; he said he believed the chain was gold, I then gave the aqua fortis and the Turkey stone to my young man to try it, during which time I went out to get assistance in taking of him; a few doors from my own house I met one of our patrols, I told him what I wanted, and in returning with him into the house, just at the door I met the two prisoners at the bar coming out. Austin Flowers, he stood in the passage during the time that John Flowers was in my house, but I had not seen him before; the instant they see us, John Flowers ran up St. John's-street, and Austin Flowers ran towards Smithfield, I desired the patrol to pursue John and I would endeavour to take the other; I ran after him till turning down towards Cow-lane, there he stopped quite out of breath, I laid hold of him and there was a coach on the stand and I brought him back, when I got home I found the other prisoner was in my shop in custody. Q. You carried them both to the magistrate, I suppose? - A. Yes. Mr. Knapp: What are you? - A. A pawnbroker, No. 92, St. John-street, West-Smithfield. Q. You say you went out of your house, and left the two prisoners in the house? - I only saw one in the house. Q. How long did you leave him in the house? - A. About two minutes. Q. You found him there when you returned? - A. I found him coming from the house in the passage, coming out both of them together. Q. To Cross. You have stated very fairly to the court, and it is natural to suppose you would, that this was on the 17th of November, about twenty minutes after four o'clock in the afternoon? - A. In stating it so precisely, I conjecture it so. It was between four and five, and rather nearer four than otherwise. Q. Do you recollect what sort of a day it was? - A. It was a sharp frost, I rather think it was, but I am not certain. Q. It was not much daylight? - A. It was so much daylight that I could have read in my carriage, because a very short time before I had a book in my hand. Q. You say you was able to see the person through the glass behind the carriage, the glass you say was dim? - No, I did not, I said, it was high, I could not see the colour of the horses. Q. First of all, if I understand you right, you observed the prisoners you say,(if they were the prisoners) from the back glass, the glass of the back part of your chaise; the glass is not very large? - It is a square glass and rather large, it is as much as eight inches square. Q. By that means you was enabled first of all to discover the persons? - A. No, Mrs. Cross supposing somebody was getting up behind the carriage, I looked and see the two men distinctly behind the carriage, not thinking they were robbers at that time. Q. You say the man on your side behaved very civil? - A. Uncommonly civil, I never was robbed before and so I cannot tell how others behave. Q. But the other man was not so civil? - A. He was not, he swore to the other man for not taking the things. Q. The man on the right hand, he said, all I want is your money, and I beg the lady will not be alarmed? - A. He did. Q. You say you lost your watch? - A. Yes. Q. You are sure that is your watch now produced? - A. I am. Q. How long were the prisoners apprehended after you was robbed? - A. I see them only yesterday. Q. How long were they taken into custody after the robbery was first committed? - A. I see them yesterday at the police office, Hatton-garden. Q. They had been committed to Tothill-fields, and brought to Hatton-garden? - A. I don't know that. There were none in irons but these, and therefore I must mark them as the prisoners, I must say very fairly. Q. And therefore they were pointed out? - A. No, not pointed. Q. When you got to the office you recognized two men in irons? - A. Of whom I could have no doubt, if I was to see them among ten thousand. Prisoner Austin. Were not your eyes bad then? - A. No, that has arisen since in consequence of an inflammation from the gout. Q. Could you perfectly recollect, you say it was eight weeks since the robbery was committed? - A. The question is perfectly fair, and if I had the smallest doubt on my mind, I would not in this place, swear so positively; I am sorry I am obliged to do it. Q. You say you was on your journey to Barnet, robbed at some little distance from that place. Now I ask you which side of the carriage you sat on? - A. On the left side. I recollect you perfectly at the turnpike; you remember looking into the carriage; you remember stopping some time to do it. I had a perfect recollection of your face before you stopped me, I had a perfect fight of it from the hind glass, I could not be mistaken afterwards; you was extremely civil, and if I had any doubt I would express it, but seeing you now and seeing you yesterday, I cannot do otherwise than say I am certain; I wish I was not obliged to say so. Q. You have been repeatedly wrote to by the magistrate on this business? - A. And very unwillingly came up on this business. Q. And returned for answer that you could not swear to the persons? - A. I think that when Mr. Bond wrote to me in Yorkshire, I was ill with an inflammation in my eyes; under this circumstance, Mrs. Cross wrote an answer, that coming up so far at the uncertainly of been able to swear to the persons, would be putting me to a great inconvenience at that time; I felt a repugnance at coming up, but that was from the uncertainly of figuring to myself the persons of the men that had robbed me, but seeing these men again I have no idea of doubt about it. Court. Was there any such letter wrote by you? - A. I think I wrote one letter to excuse myself from coming up, Mr. Knapp to Briggs. The prisoner Austin, wishes me to ask you whether before the justice you did not say, that John Flowers informed you that he had received the watch from a friend? - A. When I asked him whose watch it was? he said it was not his own, but he had brought it for a gentleman. Q. Did he add any thing, did he say he had brought it from a gentleman for whom he had made a coat? - A. No, he did not. Q. In short he disclaimed any property in it, he said it was not his? - A. He did. Q. I believe you knew him very well? - A. I have known both of them for some years; one of them Austin Flowers, lived at our beadle's. JAMESP: sworn. I am a patrol. On Thursday, the 20th of November, between seven and eight o'clock, I was walking on my duty as a patrol, I see a young lad coming out of a butcher's shop, which is Mr. Spencers, and I heard him utter the word here is one of them; that gave me reason to suppose that there was something amiss, that he was in persuit of one of the patrols, I happened to be there; I turned myself round and see Mr. Briggs speaking to Mr. Spencer; I asked what was the matter? Mr. Briggs he said, there was a person that he wanted immediately to be taken to prison, he told me that he was in the box, a place which I did not know what it meant at that time, at last the boy told me I will come and shew you; the boy shewed me; this place is in the passage, the passage leads to it. Q. Did you go with Mr. Briggs? - A. I went on and the butcher's boy shewed me, said there, it is there; I just stopped and I saw the two prisoners there present coming out of the door; Mr. John Flowers who is there prisoner, he was obliged to squeeze himself to come by me; at that instant of time I did not know they were the party that I was to apprehend, and by that they got by me, there was an immediate cry, there they go; Mr. Briggs called out that to the best of my knowledge; accordingly I see John Flowers run up St. John's street, I followed him, I called out stop thief, accordingly he was stopped by one Samuel Taylor , a porter that belongs to Mr. Dean, a cheesemonger in St. John's-street; I was near at hand but he stopped him for me; then I collared him and brought him back to Mr. Briggs's shop; in a few minutes afterwards I see Austin Fowers brought in there likewise. Q. Who brought him in? - A. I cannot tell you who brought him, and therefore I did not observe that; then there was the coach ordered and they were both charged, and we took them to the magistrate's. SAMUEL TAYLOR sworn. Q. What do you know with respect to the two prisoners at the bar? - A. I took one, John Flowers , the thin one, I took him up in St. John's-street, Thursday, November 20th. Q. Was he running, walling or how? - A. He was running very hard; when I took him the patrol came up. Q. What is his name? - A. I don't know, James is one name, I don't know the other. Q. And you delivered him to him? - A. Yes. Q. Any thing else? - A. I see him drop a watch, I picked it up and carried it to Mr. Briggs. Mr. Knapp. You never knew him before? - A. No. Q. He was running from you, was not he? - A. No, it was directly as I came out of my master's door I catched him in my arms. Q. Did you ever hear there was eighty pounds reward? - A. No, never. Q. Never heard of it before this? - A. No, never. EWER: sworn. I am an officer of the police, Hatton-garden; the prisoners were brought to our office to be examined; I asked the patrol that brought them if he had searched them? I searched the prisoner and I found the key of a screw barrelled pistol, and this pistol ball on the prisoner Austin. ELLIS WILLIAMS: sworn. Q. What age are you? - A. Fifteen. Q. You know what you are doing when you are taking an oath? - A. Yes. Q. Do you know what will happen to you if you say that that is untrue having taken an oath? - A. Yes. Q. What will befall you do you think? do you know it will be worse with you hereafter, bad indeed if you don't speak the truth on your oath? - A. Yes. Q. Now tell us what you know of this matter? - A. I saw John Flowers bring the watch into our house, on Thursday, the 20th of November, he asked two guineas for the watch. Q. Did he speak to you or in your presence? - A. In my presence. Q. You heard him? - A. Yes. He said it was a gold chain, I tried the chain and it was good gold; in the mean while I was trying the chain my master went to get assistance; in the mean while he was gone, Flowers asked me where he was? I told him I believed he was at the door. Q. What did he do on that? - A. He then took away the watch off the counter and went out; it was laying on the counter, I saw no more of him till he was brought in by the patrols; while they were both standing in the shop a woman told me they were emptying their pockets; I immediately went round the counter, and I found this pair of spurs in a paper. Q. Did you see them come out of the pockets of these people? - A. No, I did not see them; a short time afterwards there were three shot found just on the same spot. Q.. But you did not see them come out of their pockets? - A. No. Prisoner Austin. The evening on which my brother went to Mr. Briggs with the property in question, I met with my brother, he asked me to go home to sup with him, which I did not refuse to do; he told me he wanted to call at Mr. Briggs, the pawnbroker's, he had something to pledge; he then went into Mr. Briggs and I waited at the door, I stopped there some little time when I see a patrol come up with a hanger drawn, I thought there might be something going on that might hurt my brother, I ran away and Mr. Briggs followed me till I came to the pens in Smithfield; I turned about then and asked Mr. Briggs what he wanted? he told me he wanted me to go back with him; I turned round on him and went back, had I wished to have done it I could have made my escape from Mr. Briggs I make no doubt; I went into the shop and he told me that my brother had brought a watch to pledge that was not his own; my brother said it was not his own property but the property of a friend; he had for some time been acquainted with Mr. Briggs, if this watch had been improperly got he would not have taken it to Mr. Briggs. With respect to myself, I am totally ignorant of the watch, neither for some time prior had I seen my brother; had I the idea of this watch being improperly got I would not have waited so near the pawnbroker's. Prisoner John. On the evening I took the watch to the pawnbroker's, I took it of a person who had ordered a coat of me; I measured him at the George, in Aldermanbury, on the 13th of November, a person who called himself a Mr. Smith, who had used that house for some time; I was to make him a coat and waistcoat, he told me when I brought it he would pay me, I made it and took it to him, the value was 3l. 10s. he said he had not got money to pay me then; he said if I would leave the clothes he would pay me the next day, which I refused to do, not knowing him; I asked him that if the landlord would be bound for the coat I would leave it, and he offered me this watch till the next day, I told him I would take it to a friend of mine and know the value of the watch; he told me it was a gold chain and seal, which I told him I did not believe it was, and as such I took it to Mr. Briggs; if I had known this watch was stole I would not have took it to Mr. Briggs, were I must be known. The prisoner called Joseph Steadman, with whom he had lodged in Albermarle-street six months, and Thomas Knight , who lived with Mr. Cook, a coach-maker, in St. John's-street, who had known him sixteen or seventeen years, who gave him a good character, and also William Tylor, of the City-road, who said he knew nothing of him contrary to honesty, but begged to be excused answering when asked if he believed him to be an honest man. Austin Flowers: Verdict: Guilty. Punishment: Death. (Aged 24.) John Flowers: Verdict: Guilty. Punishment: Death. (Aged 28.) Recommended to mercy by the prosecutor. Austin Flowers. With respect to my brother, I beg you will recommend him to mercy, as to myself I have no objection to suffer. Tried by the first Middlesex Jury before the Lord CHIEF BARON. |
Newgate Street Prison
| 15th February,
1797. JAMES MARRIOTT, MARTIN CLINCH, Crime(s): theft with violence : highway robbery, Crime Location: Barnet - Whetstone JAMES MARRIOTT and MARTIN CLINCH were indicted, for that they, in the King's highway, did make and assault upon Peter Detree , on the 1st of December, putting him in fear, and taking from his person a silk handkerchief, value 5s. a great coat, value 40s. two iron keys, value 1s. a pen-knife, value 2s. a silver pencil-case, value 6d. ten guineas, and twelve shillings in monies numbered, the goods and monies of the said Peter .(The case was opened by Mr. Knowlys.) PETER DETREE sworn. - Examined by Mr. Knowlys. I was going in a post-chaise upon the 1st of December, about a quarter before two in the morning, with dispatches; as we were going up the hill to Barnet, the other side of Whetstone, before we came to the Red-lion, the chaise was stopped; two men opened the door, and demanded my money; both the doors were opened at the same moment; they asked me for my money, or they would blow my brains out; there were three men, two came into the chaise, and one stopped the boy. Q. Had they any arms with them? - A. They both had pistols; I told them not to use me ill, I was without defence, I would give them what I had. Q. Did they say any thing to you before this? - A. Yes; they abused me very much, and d-d me; they then searched both my pockets, and took from me ten guineas in gold, and twelve or fourteen shillings in silver; I am not certain exactly how much. Court. Q. Was the gold loose, or in a purse? - A. Loose. Q. What else did they take? - A. A silk pocket-handkerchief, and a brown great-coat that I had to keep my knees warm, and a silver case. Q. Have you ever found any of those things again? - A. No. Q. How long do you think they were in the chaise with you? - A. Not above ten minutes. Q.. Had you an opportunity of observing them? - A. Yes; but not so particularly as to swear to them. Q. Did you make any remark at that time of their persons or dress? - A. Yes; one had a white smock frock on; I cannot say what coloured cloaths the other had. Q. How long after this was it that you had any information of persons being in custody? - A. I cannot say; I believe it was in January; I was sent for to Bow-street. Q. The two prisoners were produced at Bow-street? - A. Yes. Q. At that time were they standing alone as they do now, or were they mixed with other people? - A. There were five of them. Q. Were you able to say which of the five were the persons you charged? - A. I picked out them that I believed were the men. Q. Had any body, before you said this, pointed out those persons to you, or did you speak from your own recollection? - A. Only from my own recollection; nobody could tell me any thing about it, because nobody was there with me. Cross-examined by Mr. Const. Q. You have spoken very fairly; I shall only ask you a question or two-when you were sent for to Bow-street, it was to see some people that had been taken for a robbery? - A. Yes. Q. And five people stood at the bar? - A. Yes. Q. There was nobody at the bar besides those five? - A. No. Q.. And you were desired to six upon those men which were most likely to be the persons that robbed you? - A. Yes. Q. And it was so dark, that you could not speak to the colour of their clothes? - A. No. Q. You know that their persons and their lodgings were searched, and nothing found that you know? - A. No. Q. And it was more than five weeks after the robbery before you were sent for? - A. No. Q. And you cannot positively swear to them? - A. No. Verdict: Both Not Guilty. Tried by the first Middlesex Jury, before Mr. Baron THOMPSON. |
|
26th April, 1797. JOHN TOSELIN, Crime(s): theft : animal theft, JOHN TOSELIN was indicted for feloniously stealing a fat live hog, value 50s. on the 23d of February, the property of John Riedge , Esq. WILLIAM LAYTON: sworn. - I am bailiff to Mr. Riedge who lives at Elstree; he lost a fat hog in the night of the 23d of February; I found the pig on Barnet common. ANOTHER WITNESS: sworn. - Mr. Layton came and told me Mr. Riedge had lost a hog; I got up directly, and we overtook the man on Barnet common; they had got him in a string; we secured the men and the hog. Q. (To Layton). How were they driving the hog? - A.. I was not near enough to know whether they had him in a string or not. Q.. Was the prisoner one of these men driving the hog? - A. I did not see him then, just before I got to him he was making his escape. Prisoner's defence. I had nothing to do with the hog, I was not near it. Verdict: Guilty. Punishment: Confined six months in the House of Correction, and fined Is. Aged 55. Tried by the first Middlesex jury, before Mr. Justice BULLER |
| 2nd April, 1800. WILLIAM POWELL, 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 Office. 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 them.) 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 them only. 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 the pasture. 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 one. 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. Towards Barnet. 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. Prisoner (Price.) 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 years. 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.. Yes. 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 knowledge, before. 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 man. 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 23. Price: Verdict: Guilty. Punishment: Death. Aged 27. First Middlesex Jury, before Mr. Justice Heath. |
| 14th September,
1803. 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 fork. 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. HUGH MACK, 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. They did. 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 Barnet. 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 subsistence money. 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. Yes. 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 seventh file. 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. Court. 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 noon. 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 head. 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 handcuffed before. 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. - A. Yes. 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 rear. 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 came. 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 in general. 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 the brain. Q. Was it such a wound as a part of the halbert would have made. - A. It was. Q. Did you observe any part of the brain exudate from the wound. - A. There was. 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 evening. 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 fracture. 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 of foot. 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 struck him. 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 it. 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 at him. 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. Yes. 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 him. 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 it. 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. No. 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. Yes. 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 well. 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. SAMUEL BRITTON, 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 at night. 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 at home. 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 linen. 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 Newman . 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. COURT: 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 . |
| EDWARD BRADY,
17th May, 1820. |
| 6th
June, 1821 JOSEPH PERKINS, . 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. RICHARD WELLS, 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. MR. ANDREWS: 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. Cross-examined. 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. Cross-examined. 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 accident. MR. ANDREWS: 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. Mr. ANDREWS: 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. Mr. ANDREWS: 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. Mr. BRODRICK: 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. Mr. ANDREWS: 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. Mr. ANDREWS: 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. Mr. BRODRICK: 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 wall. 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. Mr. ANDREWS: 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. |
Barnet Church
|
29th May, 1828. JAMES KORLEY, 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. WILLIAM WRIGHT, 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 before. 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. Cross-examined. 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. Aged 19 |
.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 kept it. 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 16. EAMES: Verdict: Guilty. Punishment: Transported for Seven Years. Aged 19. |
| 16th September,
1830. MATILDA SMITH, 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 do it. 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. Aged 21 |
