Elie Castaing being arraigned, his Council desired a Jury de medietate lingua, which the Court granted: upon which Jury the following gentlemen were sworn.

Edward Cooper proceedingsjury .

Dennis Morgue proceedingsjury .

John Horne proceedingsjury .

Stephen Triquet proceedingsjury .

William Chisholm proceedingsjury .

James Manners proceedingsjury .

Samuel Jumard proceedingsjury .

Ferdinand Vigne proceedingsjury .

Robert Bell proceedingsjury .

Augustine Van Loppingnoble proceedingsjury .

Thomas Carr proceedingsjury .

Peauze Pelleau.

141. Elie Castaing proceedingsdefend , late of the parish of St. Martin's in the Fields , in the County of Middlesex, Gentleman ; was indicted, for that he, on the 21st day of Sept . with force and arms in the said parish, and the said County, one gold chafed watch of the value of 18 l. 18 s. five gold rings set with diamonds, 35 l. four gold rings set each with a saphire and diamonds, 10 l. one gold ring set with a saphire and pebbles, 1 l. five gold rings set with cornelian seals engraved with heads, 12 l. 10 s. two gold rings set with plain cornelians lined with gold, 14 s. one gold ring with a lapis lazuli seal engraved with a head, 3 l. 13 s. 6 d. two gold rings set with amethysts engraved, 6l. 3 s. one gold ring set with an amethyst and pebbles, 1 l. one gold ring set with an amethyst and diamonds, 2 l. 10 s. one gold ring set with an opal and pebbles, 1 l. one gold ring set with an opal and diamonds, 2 l. 10 s. one gold ring set with a ruby, 1 l. 10 s. one gold ring with a double stone of an amethyst colour, 10 s. three gold rings set with rubies, emeralds, and diamonds, 7 l. 7 s. two gold rings set each with a single pebbles, 10 s. one gold ring set with a garnet and pebbles, 1 l. three gold rings set with a composition called french paste, 2 l. one gold ring with a single garnet, 12 s. one gold ring set with a red onyx engraved, and emeralds, 1 l. 10 s. one gold ring set with a blackish onyx engraved, and saphires, 1 l. 10 s. one gold ring called a fancy ring, with a large emerald, 2 l. one oynx seal set in gold with a back, 2 l. two white chrystal seals set in gold, 5 l. one seal set in gold with four shells on the bottom, 3 l. fix cornelian seals set in gold, 12 l. one bloodstone seal set in metal, 5 s. one shagreen pocket tweezer case and instruments mounted with gold, 4 l. and three silver pocket tweezer cases with instruments, 3 l. 12 s. The goods and chattels of Elizabeth Taylor proceedingsvictim widow, feloniously did steal take and carry away, against his Majesty's peace , &c.

Elizabeth Taylor < no role > . I live at Bath , and have a residence at Bristol; I have a shop in the long room near the Hot-wells; and continue there during the season of the Hot-wells , which is, from the 15th of June, to the 7th of Sept. On Saturday the 21st of July last, my shop was shut up after 11 o'clock at night; I staid and saw my journeyman and apprentice shut it up. All the goods in the indictment were locked up in the shop that night, there are two pretty large solding doors, which fasten with a staple and a padlock.

The gold chased watch was produced and proved by Mrs. Taylor to be her property, and locked up in her shop, the 21st of July at night.

John Lewis Demareen < no role > . I sold this watch to Mrs. Taylor about six months ago, but there has been a new dial plate put to it since.

Then the rings and seals were produced, but there was only one of the five gold rings set with diamonds, and one of the four gold rings set with a saphire and diamonds found. These with about eighteen other rings and some of the seals Mrs. Taylor proved to be her property, and locked up in her shop that night.

Q. Was your shop broke open at any time?

Taylor. My shop was shut up the 21st of July at night, and the next morning being Sunday, about seven o'clock my apprentice came to me while I was in bed, and said he must speak to me; he told me my shop was broke open; I was very much surprized, but after I had composed myself a little, I went there, and found that the staple was wrenched out, and the padlock unlocked, and then I missed these goods.

Q. Do you know the Prisoner ?

Taylor. I know him very well; I have seen him at Bristol a great many times, and I can say, that on the Friday morning before my shop was broke open, the Prisoner came up to my glasses, and locked at them - I think, (but I cannot be positive ) I saw him in the Long Room that Saturday - I saw him again the Wednesday after in the Long Room; that was the last time.

Q. When did you advertise these goods?

Taylor. I sent to some of my dealers to advertise them, and I received a letter from Sir Thomas De Veil < no role > , I think it was dated December 14, wherein he acquainted me, that he had committed to New Prison one Elias Castaing < no role > , and had found upon him a gold chased watch and several rings.

James Berrisford < no role > . I am apprentice to Mrs. Taylor, these rings and the watch in particular were in her shop the 21st of July at night; I locked it up myself, our maid called me the next morning between six and seven, and told me the shop was broke open. I went and found one of the doors about a quarter open, and some rings and other goods loose upon the counter, and upon making an examination, I missed these things - to the best of my remembrance, the night that this happened when I was shutting up the shop I saw the prisoner at the roley poley table.

Mr. Mercy. I live at Bristol, the Prisoner lodged with me about six months. I live about a musquet shot, or about three times the length of this room from the Hot-wells. - I do not remember the day of the month Mrs. Taylor's shop was broke open; I know it was on a Saturday.

Q. Was the Prisoner indebted to you?

Mercy. He always was, and always very scantys of money - The Prisoner staid till the Thursday morning following, and then he said he was going to London, he came back again the Tuesday following at night: he would have paid me the 15 l. he owed me as soon as he came home, but he was in such a trembling that he did not pay me that night, but he paid me the next day. - Mr. Percival paid him 12 l. the Wednesday or Thursday before he went from Bristol, of which he paid me 8l. when he had paid me the 15 l. he took away his clothes, and took a lodging one night or two at a little alehouse, and then left Bristol - He might easily get out of my house at any time without any body's knowing it.

Prisoner's Council to Mrs. Taylor. Did not the Prisoner say that he was sorry you was robbed?

Mrs. Taylor. I believe somebody was shewing him that my shop was broke open, and I believe he said in broken English, he was sorry for my loss.

Mr. Rawlins. The 28th of July the Prisoner, (who went by the name of Lambert) and Mr. Clement a shoemaker, came to me with a gold watch and two rings (it was a gold dial plate then, but it is an enamelled one now) and pledged them to me for seventeen guineas, and they remained with me two months, and then were redeemed. I think they were brought the 28th of July: he appeared very genteel.

Paul Bouillard < no role > . The Prisoner was recommended to me by Mr. Vanciliers, a merchant in the city. The first time I bought any thing of the Prisoner was about five months ago, I believe it was about a month before Michaelmas, they were some small roses unset: he came to me very genteel; he was in the same dress he is now, and I had no mistrust of him. I took this watch out of pawn about three weeks after I bought them; it was in pawn for seventeen guineas, and he desired I would make the most of it, because he was short of money.

Q. How much money has he had of you in all?

Bouillard. As near as I can call to mind about 45 l. I paid him 5 l. 10 s. for the unset roses; for four rings and a seal 4 l. 4 s. another time 13 l. and a fourth time 22 l. 5 s. 6 d.

Q. How much were they worth?

Bouillard. As much as one can make of them - I think I gave the full price for them.

Q. Did you set down the times when you bought them, and the money you paid?

Bouillard. As I paid ready money for them, I did not set them down.

Q. Did he say how he came by these things?

Bouillard. He said he had bought goods at Bath and at Bristol, and that he had sent goods abroad several times - he said he bought these at Bristol of a man who had a box before him.

John Lewis Demareen < no role > . When the Prisoner was first taken up, Mr. Bouillard, the Constable, and I, went to his lodgings, I told him I heard he had got some goods that were given out to be stole; I said he must give an account how he came by the goods he sold to Mr. Bouillard. I acquainted him with the robbery committed at Bristol; he said he bought them at Bristol about eight or ten days after the robbery was committed. I told him it was very imprudent to buy such things so soon after a robbery: then he said his memory was very bad, it might be three weeks or a month after. I told him I must know the truth, and how he came by them; and as I was a soreigner, and did not understand the laws of this country, I was willing to go to a person who understood the laws, and went before Sir Thomas De Veil < no role > . In the conversation I had with him, he said he bought these things of a shopkeeper in Bristol: I said, I am very glad of it, for then you will easily clear yourself of this affair. Said I, do you know where the man lives? then he was a little confounded, and said, he bought them of a Jew, who carried a shop before him. I asked him, whether the Jew spoke French; he said, he did not, but he made him understand that he would give him so many guineas, and that he laid out his money to get something by them. I asked him in what place he bought them; he said, he bought them at his own lodging, and since that he has told me he bought them in the street. When he came before Sir Thomas, he said he bought them of a man at Bristol, who had a little shop before him. When the watch was produced, I knew it perfectly well, because I had sold it to Mrs Taylor: he said he bought the watch three weeks after the robbery was committed.

Mr. Bouillard said he believed Mr. Demareen had given a faithful account of what passed relating to this affair.

The Prisoner made his defence in the French tongue, which was interpreted to the Court and the Jury:

That he went out of the Long Room that night at half an hour after ten, in company with Mr. Mercy and some other persons who he does not know, went home with Mr. Mercy to his own lodging, supped with him, Miss Bartlet, and another, and went to bed about eleven o'clock as he used to do; the next morning about seven o'clock Mr. Mercy knocked at his door for breakfast, and directly after that he went to drink the Waters at the Hot-wells, then went to hear a sermon in the town, and dined with Mr. Percivall: he does not know how they can accuse him when he knows he was in his own room. That on the 25th or 26th of that month, he received some money of Mr. Percivall, and that with what he received before was about 41 l. And as he was coming home - the Wednesday night after the robbery, he met a man, who pulled him by the arm, as if he wanted to speak with him, and shewed him his merchandize in his box which he had before him; that the man took him into a passage, he looked at them, and bid him as much as he thought they were worth; laid out about eighteen guineas, and gave him something to drink: that there was a dispute between him and Mr. Mercy, who had asked him for money, and used him ill, so he took a resolution to go to London.

That he was several days in Bristol after the robbery was committed, and if he had been guilty, he would not have staid there so long. When he came to London, he went to Mr. Clement's the shoemaker to get him to help him to some money on these things; he did not care to let people know he wanted money so much as to pawn these things, and that was the reason he did not put them in his own name, for he thought to take them out again very soon. When he had raised some money, he went down to Bristol again to satisfy Mr. Mercy; and that he shewed these things publickly to Mr. Cumberford and several other people, which he would not have done if he had stole them.

Mr. Cumberford. The Prisoner lodged in my house about six or seven weeks, ten or eleven months ago; and about eight days after he came to my house, he had a bill of 63 l. some shillings sent him, I got it accepted, and it was paid by a 50 l. bank note, and the rest in cash. About four months ago he shewed me three or four small rings - I am a jeweller.

Q. What was the occasion of his shewing you those rings, was it to borrow money on them, or to sell them?

Cumberford. He shewed them me to ask the value of them - as to his character, I never heard any thing amiss of him. He always kept very good company, and paid me very well.

Mr. Peccarereau. I have known Mr. Castaing about six or seven years. During the time I have known him, I always took him to be a very honest man. I knew him at Bourdeaux, he always was reputed to be an honest man. He would not keep company with those who were not so. I have had dealings with him, and he has paid me very honestly. He has some friends who are very rich. I know they have supplied him, and will supply him again - the prisoner shewed me some rings at Mr. Cumberford's.

Issac Cuttercau, (a merchant at Bourdeaux ) I know his uncle has remitted him several sums of money. Whether he has done it within these six or eight months I don't know - he shewed me some rings at Mr. Cumberford's about 5 months ago.

Sir Charles Le < no role > Blond. I knew Mr. Castaing at Tunbridge Wells last summer was twelve months. I had very little acquaintance with him; he was acquainted with the nobility and gentry. He once desired to borrow 20 guineas of me, which I lent him, and in two day's time he wrote me a complaisant letter and returned the money again.

Mr. Griffan. I have known the prisoner about fifteen years, almost from a child, he was always reckoned an honest man, and every one was pleased with his behaviour. His uncle sent to me to endeavour to get some place for him.

Mr. Luneau. I went to pay a visit to the attorney general of Jersey. Mr. Castaing was there; and at the attorney's recommendation, I took him into my house and he behaved very well.

Mr. De Maltus. About three months ago he breakfasted with me, and he has done so almost every morning these 9 or 10 weeks, and always behaved well. I left my purse once with 30 or 40 guineas in it upon a table in the room where he was, and I did not lose any thing out of it. He has been three or four hours together in my apartment. I found he was very much of a gentleman.

Mr. Lynch. The first acquaintance I had with him was at Bath last winter was 12 months. I was frequently in his company, and he always behaved well.

Q. What opinion have you of his honestly?

Lynch. A very good one; because I have heard of his family, and they are people of very great reputation at Bourdeaux. I very little expected such an action from him.

Mr. Blake. I saw Mr. Castaing last season at Tunbridge Wells, and in very good company. He always behaved like a gentleman.

Mr. Lockman. I have known Mr. Castaing about three months. I came acquainted with him at Slaughter's Coffee house, he behaved much like a gentleman; he was respected by every body there. And if he had not been reckoned a gentleman they would not have kept him company. I should not have thought he would have been guilty of such a thing as this.

James Julian < no role > . I have known him about twenty months, and have lent him four or five pieces at a time and he always paid me very honestly. If he had had a mind to have wronged me, he might have done it.

Mr. Chapman. I have known him about two months. His appearance and behaviour during that time have been so much like a gentleman, that I could not have thought he would have been guilty of any such thing.

Mr. Griffan Jun. I have known him between 3 and 4 years, he is a very honest gentleman.

Pros. Coun. Did you ever know him deal in jewels?

Griffan. No, Sir.

Mr. Shaw. I have had no knowledge of him till about sixteen months ago. I saw him several times at Bath; and there was no such suspicion of him there.

Q. to Mercy. Pray can you recollect where you was that night?

Mercy. I was at the Long Room - I came home between 10 and 11 o'clock.

Q. Was the prisoner at home before you?

Mercy. Yes, he was at home before me. Guilty .

[Transportation. See summary.]