46, 47. (M.) Michael Cassody proceedingsdefend and Christopher Broaders proceedingsdefend were indicted for stealing a gold watch, value 15 l. a cornelian seal set in gold, value 20 s. a cotton handkerchief, and ten guineas, the property of John Scott proceedingsvictim , Esq ; privately from his person , Nov. 4 . ++

John Scott < no role > , Esq; On the 4th of November I went to the Bedford Arms, about six in the afternoon, and between seven and eight I left it; the man that keeps the house took the number of the prisoners chair, (they are chairmen ) and directed them, if I did not pay them, to come to him, and he would; they carried me in their chair.

Q. Where did you direct them to carry you?

Scott. I cannot say to where, but I believe it was to go to Mr. Couts's, in the Strand; they carried me to one Dugens's, a grand punch-house, a notorious house, and a robbing house.

Q. Was you sober enough to know where you was?

Scott. I was fuddled, but I know I was sober enough to know where they carried me; when I got into the house, they had punch there, and I drank some of it, and I suppose I paid for it.

Q. Who was in the room with you?

Scott. The prisoners were, and no body else; one of them sat close by me; I have swore three times to the men, and I know them.

Court. Look at them again. (He looks at them.)

Scott. Upon my conscience I cannot recollect that fellow in the red waistcoat (the man in the red waistcoat was Broaders) as one of them.

Q. What do you say to the other prisoner?

Scott. I will not swear to him.

Q. How long did you stay there?

Scott. I suppose I staid there an hour, or an hour and a half.

Q. Do you remember your getting into the chair to go away, or how did you go away?

Scott. I do not know how I went away from that house.

Q. How did you find yourself after that?

Scott. I did not find myself at all, the watchman found me in a gutter.

Q. What company had you been in at the Bedford Arms?

Scott. There were not above three.

Q. How many bowls had you?

Scott. That does not matter; I had in my pocket ten guineas, or ten guineas and a half in gold, in a green common purse, and some silver in my pocket, and a gold watch; they were all gone.

Q. When did you first miss them?

Scott. When I got to my lodgings, about one o'clock at night; the watchman called a chair, and they carried me home.

Q. Did you pay the chair?

Scott. I did not; I had lost every thing, I could not; I lost a handkerchief also; it was a remarkable one; (producing one) it was the fellow to this. I went to Sir John Fielding < no role > , and gave information, and the prisoners were taken up; (a handkerchief produced) this was found upon Broaders; I know it to be mine.

Cross examination.

Q. How do you know it to be your's?

Scott. It is the fellow to this, (putting them together.)

Council. That is no proof at all, except you can prove there was but two of that sort in the world. When you went from the Bedford Arms, I suppose you was not sober?

Scott. I was about half seas over.

Council. What, worse than you are now?

Scott. Very like so.

Q. What was the place you was carried to?

Scott. I cannot say a word about it.

Q. Cannot you recollect how you came out of that dreadful house you talk of?

Scott. Upon my honour I do not recollect; I think they would not leave me there without carrying me somewhere else.

Council. People, when they are in liquor, are sometimes very obstinate.

Scott. I was robbed I am sure, but do not know where.

Council. A drunken man is likely to drop his handkerchief.

Scott. Without they are taken out of his pocket, how can they drop?

Council. Whether you did not lay it down on the chair?

Scott. I do not know.

Council. I'll gave you a good piece of advice, never to get drunk any more, then you will never lose your things that way again.

Council. Did you not go to one Nick Steward < no role > 's?

Scott. I do not know.

Council. Was you not at Mrs. Malby's?

Scott. They might carry me wherever they pleased.

Q. Do you know any place they carried you to afterwards?

Scott. They carried me afterwards to the watchhouse.

Council. Did you not the next morning charge somebody else with having taken those things from you?

Scott. Yes, I did, but they cleared themselves immediately.

Council. Might not you lose your money in the gutter?

Scott. I do not believe a word of that; these gentlemen are to judge of the matter, (pointing to the Jury.)

John Stacey < no role > . I am master of the Bedford Arms tavern; this gentleman was at my house on the 4th of November; he came about six in the evening, and staid till between seven and eight.

Q. How was he as to liquor?

Stacey. He was merry, as he is now; the two prisoners are the chairmen that took him in their chair; I desired them to take care of him, and to come back to me, and I would pay them; the next morning I was told Mr. Scott had been robbed; about noon I saw Cassody, and told him of it, and asked him, why he did not come to be paid; he seemed to be angry with me, that I should challenge him with Mr. Scott's things; I went with Mr. Scott to Sir John Fielding < no role > 's, and he ordered the prisoners to be apprehended; I was present at their examinations twice; Broaders denied ever being at the house of Dugens, in Russel-street, and said, they had no punch at all, and that he set Mr. Scott down at the end of the Piazzas; Cassody said, they had a little punch, two or three 18 d. bowls, or something to that purpose; there was this handkerchief produced; I think Cassody said he had seen it in Mr. Scott's hand, but did not say where; Broaders acknowledged his having it in his custody: at one time he said he found it in the chair, and on the second examination I think he said the same; I do not recollect he gave any different account.

John Heley < no role > . I am a constable; I apprehended Broaders at the end of Tavistock-row, Covent-garden; I took him to the Brown Bear < no role > , and told him I must search him; at first he refused it; we were forced to tie him to search him; I took two handkerchiefs from his coat-pocket; this here produced is one of them; he said they were both his own; he was carried before Sir John Fielding < no role > ; there he said he found the handkerchief in the street; on the second examination he said he found it in the chair; I found a guinea and some silver upon him.

Cross examination.

Q. Where did you find the handkerchief?

Heley. In his side-pocket.

Council. Supposing a man happens to find a handkerchief in his chair, is it not common to call it his own, if the right owner does not come for it?

Heley. It may be so.

John Noaks < no role > . I am a constable; I took up Cassody at his own house, in White-hart-yard; I told him he was my prisoner; he said, for what; I said, for robbing Mr. Scott; he said, I'll go along with you immediately. When we came to Sir John Fielding < no role > 's, I was ordered to search him; I found twelve guineas, a half guineas, a 9 s. piece, four quarter guineas, a 4 s. 6 d. piece, two dollars, a French crown, and a watch-key upon him; he was asked how he came by the money; he said it was his own, what he had earned. I heard the other prisoner say, he found the handkerchief in the street, and afterwards I heard him say, he found it in his chair.

Cross examination.

Q. If a chairman is frugal in that part of the town, can he not save a great deal of money?

Noaks. To be sure he may.

Cassody's defence.

We took up Mr. Scott at the Bedford Arms; I asked him where he was to go; he said he went any where; I turned back to Mr. Stacey, and said, he will not tell me where he is going to; Mr. Scott said again, I'll go any where; Mr. Stacey told us to carry him to his lodgings; we were going along; he knocked at the glass, and said, stop here, till I see who is here; then he went into Mr. Gold's bagnio, and was there about a quarter of an hour; then a waiter came to the door, and asked my partner if he was paid: he said, no; the waiter wanted us to get our money; I went in, and asked Mr. Scott for my money; he said he had paid me; I said, I never saw a farthing of your money; he gave me a shilling. I went out, and in at the Red Lion, and had a pint of beer; before I had drank it, my partner called me; Mr. Scott was in the chair again; I asked him where he was to go to; he said, to Malby's bagnio; we carried him there; I rang at the bell; he went in for about eight or ten minutes; the waiter said, they would not take him in; so he came out again, and went into the chair. I asked him where I was to carry him then; he said, carry me to a girl's lodging in Charles-street; we carried him there, and rang the bell; he came out of the chair, and went into the passage: a girl came and said, her mistress was not at home; he broke one of my glasses when he came out; he then asked me if I knew of any girls; I said, no; he walked away; I asked him to pay me; he said he would not; I walked after him, and pulled off my hat; he said he would give me something to drink; this was in Russel-street, at the end of a court; there were four or five girls; I asked him again to pay me, and said, I wanted to go; I said, there is never a public-house here; we went into a public-house in King's-court; the first bowl that came he spilt; then he called for another shilling's worth; he paid for them, and came out with us. I asked him to have the chair to go to Mr. Stacey's house again, or go home to his lodgings; he said, no, I will not; go along, you are paid. I asked him again; he said, go about your business; I came away, and put my chair to rights, and carried a fare from the play to the Cave bagnio; then my partner and I went in at the Red Lion, and staid till between eleven and twelve o'clock; then we went out, and my partner, in examining the chair, found this handkerchief in it, and he put it in his pocket.

Broaders's defence was to the same purport.

For the prisoners.

Edward Riley < no role > . I was called to the Round-house that night this happened; there was Mr. Scott, he was in liquor; the watchmen all took my number; I am a chairman; they said he had been robbed; I was desired to carry him safe to Mr. Couts's, a banker, in Half-moon-street, in the Strand; going down that way, he said, he was only a lodger, that was not his house, and desired I would carry him to Charles-street, where a woman of the town lodged; I told him, he had better go home, and said, the constable of the desired me to carry him safe home; he said, he would not go home upon no account, and insisted on my carrying him to Charles-street; I carried him there, and asked for a woman; I cannot recollect her name now, but the woman that came to the door said she was not at home; well then, said he, carry me to Malby's. I said, Sir, you are in liquor, you had better go home; I carried him to one or two places more; they would not take him in; then I said, I will carry you back to the Round-house again; accordingly I did; then the constable desired me to carry him to Mr. Couts's, the banker; I carried him there, and knocked at the door; the man came, and desired him to give his name; he said his name was Scott; he opened the door. O Lord! said he, I have lost my hat, my watch, my money, I have lost every thing I had; the man came and took the number of my chair; I went away; the next morning I went, and sent word up, I was come to be paid; said Mr. Scott, where is my hat, watch, and money; Sir, said I, I know nothing about any thing belonging to you; said he, are you the man that took me up at the Bedford Arms last night, between nine and ten o'clock. No, said I; he detained me about two hours; I desired him to go with me to the Round-house, there was no body there; then I took him to one of the constables of the night, and he made him sensible that I was called to him about a quarter before twelve at night, at the Round-house; he asked the constable how he came to be there, and the constable told him.

Cross examination.

Q. Whether a sober chairman cannot get a great deal of money at that end of the town?

Riley. They may; I am a sober man.

They called John Jones < no role > , who had known Cassody a year and a half; Richard Singleton < no role > , between four and five; Thomas Hawkins < no role > , upwards of five; - Maden, ten years; and - Brown, eight or nine years; and - Dunn had known both nine years; and - Cave six months, who gave them the characters of honest men.

Both acquitted .