146. JAMES HARDWICK proceedingsdefend was indicted for stealing sixty silver cases for watches, value 25 l. four gold watch-cases, value 17 l. two gold pendents for watches, value 16 s. and two deal boxes, value 6 d. the property of William Dymock proceedingsvictim , Christopher Jones proceedingsvictim , Elisabeth Bacchus proceedingsvictim , widow , William Webster proceedingsvictim , John Fern proceedingsvictim , John Dale proceedingsvictim , Mary Oulton proceedingsvictim , widow , John Watson proceedingsvictim , James Morgan proceedingsvictim , and John Crosley proceedingsvictim , April 2d .

2d Count. Laying them to be the property of John Lathwaite proceedingsvictim .

3d Count. Laying them to be the property of Ralph Eden proceedingsvictim .

JOHN LATHWAITE < no role > sworn.

I am a watch-case-maker . I had an order for the things mentioned in the indictment, from Mr. Ralph Eden < no role > , at Liverpool. I completed the order, packed them up in a box, and sent them to the Swan with two Necks in Lad-lane , by John Nevill < no role > , my apprentice, on the 1st of April. I mark my work I. L. There are no others in the trade that use that mark, as I found upon enquiry at the Hall. I wrote a letter of advice and inclosed a bill of parcels on the came day. The things were sent on the 1st of April, but the coach did not go till the next day.

Had you any particular directions from Mr. Eden to send them by that coach? - We usually send by that coach unless he orders them to be sent by the waggon.

Who was to be the loser if the things were lost? - I suppose Mr. Eden would be the principal sufferer.

Cross Examination.

I. L. are your initials, you put your initials on your work? - Yes.

You have been in the trade twenty years I believe? - Yes.

You have made some hundred watch-cases in that time? - Some thousands.

JOHN NEVILL < no role > sworn.

I am apprentice to Mr. Lathwaite. I carried the box to the inn according to my master's order. I ordered the book-keeper to book it and saw him write something. I paid three shillings and twopence for the carriage, and booked it twelve pounds value.

You delivered it as you received it from your master? - I did.

Cross Examination.

Did you know the contents of the box? - Yes. I wrapped some of the things up.

BENJAMIN DENHAM < no role > sworn.

I am book-keeper at the Swan with Two Necks, Lad-lane.

Do you remember receiving a box on the 1st of April? - Yes, directed to Mr. Eden at Liverpool.

What is the form of booking them? - The form is to Number them, this was

"No. 10 value 12 l. carriage paid, 3 s." It lies in the warehouse till the coach goes off; when the coach is going off they are called over by the coachman to see that they answer to the book; they did answer right to the book that night. When they are called over, the porter carries them from the warehouse to the coach. The prisoner was porter to the house at that time.

And officiated as porter that night? - He did.

Do you remember receiving that box from Nevill? - I do not remember receiving it from him, I remember the box; I put it in the cupboard where we keep the Liverpool goods. I was present when they were called over, but did not checque them off, Misterset did, the porter is to take care of the warehouse, and deliver the goods.

Court. Have you any reason for remembering that the prisoner was there on that particular night? - There is a person in court can give a better account of that.

Cross Examination.

He was not the regular porter? - No, he attended for Powell who was ill six weeks.

Could not he work at all? - No. The prisoner was constantly there for some time, I am certain he was there at that time.

JACOB MISTERSET < no role > sworn.

I think you officiate in some capacity at the Swan and two Necks, in Lad-lane? - Yes, under Mr. Denham. I checqued the parcels in the book as they were called over that night; they were all right; this No. 10. was amongst the rest, directed to Ralph Eden < no role > , at Liverpool. I made a mark beside the number as they were called over, this was the 10th article entered in the book.

Cross Examination.

Who calls the parcels over? - The coachman; he calls over the number and the direction, they were all right.

You never make any mistakes? - No, I never made any in that respect, the parcels were all right.

How many parcels were there that night? - About thirty.

This is done in a hurry? - No; it was done about half an hour before the coach went off.

Court. Do you remember this particular box being right, or only in general that the articles were all right? - They were all right; I don't remember that in particular.

They are called over by the coachman? - Yes.

You don't examine the things? - No.

JOHN DENNETT < no role > sworn.

I am the coachman, I drive from London to St. Alban's.

Do you recollect in the month of April calling over, amongst a number of parcels, the parcel in question? - Yes, I think it was about nine at night, it was No. 10. Ralph Eden < no role > , Liverpool, marked, value 12 l. at the corner of it, very plain; at St. Alban's I deliver up the coach bill and its contents; for what I know the parcels were all there when I delivered it up.

Was the prisoner porter there that night? - He was.

Cross Examination.

How came you to remember who the porter was that night? - I remember very well the prisoner was there, in the room of Powell who is the regular porter, that was the last night of our slow work when we go out at ten o'clock at night.

Court. Was he porter some time before that? - Yes.

A week or more? - Yes.

When you called over the parcels do you remember calling over this particular box? - Yes; we have a strong travelling box where we put our small boxes into, that locks up, this was too large to go into that. I called it over twice; it went through my hands three times I believe.

Who do you deliver them to when you have called them over? - It is my business to load the coach; the porter brings out the things to me to load the coach.

Do you remember whether this box was, or not, delivered to you? - I cannot say whether I did load it or not, there were many articles that night, I believe thirty-seven or thirty-eight. I had a candle to load the coach by, if it had been day-light I might have observed better.

Can you say this box was not delivered to you when you loaded the coach? - I cannot say whether I loaded it or not.

As you saw this box, and took particular notice of it before, and tried to put it into the box, for which it was too large, should you not have taken notice if you had not loaded it, and enquired for it? - We load so many things; we do not take notice after we have called them over; I never had a complaint before; I have driven the coach many years; I did not think any thing was missing.

You drove to St. Alban's; do not you deliver a number of parcels between here and St. Alban's? - No; I never take up any parcels for that short space; I have never delivered any since I drove the coach.

Can you take upon you to remember that no parcels were delivered before you came to St. Alban's? - Yes.

When you come to St. Alban's, and have delivered the bill of the parcels, you have nothing more to do with the coach? - I have done with it.

You cannot say then whether any thing is taken out there? - I can safely say there was nothing taken out; I generally stand by the coach till it sets out again.

MOSES EDMONDS < no role > sworn.

I was guard to the Liverpool coach in April last; that was my last night of guarding it, because they began flying the next night.

Who was porter that night? - James Hardwick < no role > , he and I carried the parcels to the coach that night.

Have you any reason for remembring that Hardwick was there? - Yes; it was the last night of my going, and I treated them with some rum and water.

Cross Examination.

You bring the parcels, and put them down the wheel? - No. I deliver them to the coachman, and when the porter brings his, I deliver them to the coachman.

How far did you go with the coach that night? - To St. Alban's.

You and the coachman went in and drank there, I suppose, before you parted? - Not till after the coach was gone; we changed horses before that at Mims.

Where was the coachman then? - He went into the stable to fetch the horses, I believe; I staid with the coach.

Court. Is it the business of any other person besides you to stand by the coach while the coachman gets the horses out? - No. I was hired on purpose.

Have you any remembrance of this parcel that night? - No; I remember nothing about any of them.

To Dennet. What part of the coach are the things in the strong box put into? - Into the boot the first thing.

This box, as it would not go into the strong box, if it was put in at all, was probably the last thing? - It was probably the first, as it stood close to the strong box.

JOHN ELMES < no role > sworn.

I am book-keeper to the Liverpool coach; at Stony Stratford, in examining the bill of parcels, I found No. 10. a box directed to Ralph Eden < no role > , Liverpool, missing.

Describe how you mark off the bill of parcels.

(The bill of parcels produced.)

Court. This is the bill of parcels you marked off? - Yes.

Those you mark off are the goods that are there? - Yes.

You can tell at any future time what things were there, and what were not? - Yes.

I see there are several other boxes, besides No. 10, that are not marked off? - Perhaps there is B put against them, which means they are in the strong box.

Some with the B are marked off, some not; what is the reason of that? - Perhaps they were to be left at Wellington, they have the key of the box at Wellington; I never mark off the things in the strong box, I cannot come at them.

This bill goes farther then? - Yes.

Who is Mr. Dowling? - I do not know.

Look at the writing at the top of the bill, do you know any thing about that? - It is written by Mr. Webster at Wellington, one of the proprietors of the coach (reads).

"Mr. Denham is desired to enquire after

"No. 10, it did not appear at Wellington, it

"does not appear to be marked off at Stony

"Stratford."

Who is Mr. Dowling? - An outside passenger.

Cross Examination.

How far is Stony Stratford from London? - Fifty-two miles; they change horses at Mims, St. Alban's and Dunstable.

The coachman is alive who drove the coach from St. Alban's? - Yes.

Is he here? - No.

This bill you received from him? - Yes.

You saw the coach unloaded, and loaded again? - Yes.

They call the things over, and you mark them off? - Yes.

Is the porter here that unloaded it? - No; the horse-keeper of the coach generally unloads it.

He is not here? - No.

To Dennett. Are you sure in your recollection what day of the month it was this parcel was booked, and was to go by the coach? - Yes; it was the last day of our slow work, Friday the 2d of April, the bill is always dated the next day, when we go out late at night.

THOMAS RADFORD < no role > sworn.

I am a watchmaker at Leeds, some time in the month of July, the prisoner came to my shop, and said he had got some watch-cases to sell. I said, they are things not common to sell, how came you by them? He said, he came to London with some cloth to sell, and took these watch-cases in payment for his cloth.

Did you know him before? - Yes; I knew him before, but had not seen him for years. I asked him what he would take for them? He said 18 s. a pair. I said, I thoughtthey were not worth so much. I weighed them, and bid him a price for them.

Did you buy any? - Yes, eighteen pair.

What did you give for them? - I cannot recollect.

Was there any mark upon them? - Nothing but what is common.

Have you them here? - I have some of them; I had sold several before I heard any thing of this; I have none but what have been out of my possession. I desired him to leave them two or three days, and I would enquire his character. I enquired his character and then bought them of him. When I first knew him he lived at Hartford, about six miles from Leeds; he lived servant with a gentleman; his father was a cloth-maker; I believe the prisoner at first was apprentice to a cloth-maker.

Did he deal in cloth? - I heard he did.

Cross Examination.

He sold them publickly in your shop? - Yes; in the middle of the day; there were several people in the shop at the time.

Was 18 s. a pair above or under the value of these cases? - I think it was more than they were worth.

You did not take notice of any particular marks which distinguished these cases from any other cases? - No, I did not.

These have been out of your possession? - Yes.

Where had you the two cases from, which you produce now? - From Coventry; I sent them there to have movements put into them.

Can you speak with certainty to these being the cases you sent there, and bought of this man? - I cannot.

To Lathwaite. Did you make these cases? - Yes; these are my marking.

You have sold a vast number besides those you sent to Liverpool? - Yes; vast numbers; we never lost a box before.

WILLIAM TRACEY < no role > sworn.

On the 27th of January I apprehended the prisoner at Portsmouth. I found upon him a pair of watch cases; as soon as we had apprehended him, the two gentlemen who came down after him, Mr. Denham and Mr. Heley, accused him of stealing the box, at the Swan with two Necks, in Lad-lane; he denied it at first, upon a letter being produced from Mr. Radford at Leeds, giving an account how he had sold eighteen pair of watch cases to him, he seemed in a fright, and owned he had sold the watch cases to Mr. Radford; he was so much frightened he could hardly speak, he then said he had one pair by him.

Court. Did he tell you how he came by these cases? - No; he said, he did not steal them.

Did he give you any account how he came by them? - No; he did not.

Cross Examination.

All that he said was that he sold some cases to Mr. Radford? - Yes; he acknowledged the contents of the letter to be true.

(The letter was produced).

How long had he lived there? - I believe about a month; I lived there; I apprehended him.

Court. Is the letter produced, the letter which was read to the prisoner? - I cannot say; it has been out of my possession; I believe, if I look at it I can tell whether it is or no (looks at it); yes it is the letter.

(The letter was read.) Addressed to Mr. Benjamin Denham < no role > , Lad-lane, London. Signed Thomas Radford < no role > , Leeds, Jan. 17, 1780.

"SIR,

"I received a letter from Mr. Wall and Holt about some watch-cases I bought, I shall be glad to serve you with any assistance I can concerning them; the man I bought them of is named James Hardwick < no role > , he lives about seven miles from Leeds, trades in cloths, goes to London about once or twice a year; he told me he got them from London in payment for some cloth. I believe he is at London. I wish you would let me know when they were lost, and how many of them. I have none of them by me, but if you desire it I believe I can get you a sight of some of them."

Did he say how he came by those watch cases? - No; he said he had one pair by him in a bag in his room; I went and found them.

To Nevill. Look at that case, is it Mr. Lathwaite's make? - Yes.

You are certain of it? - Yes, there is P. L. upon it which is my master's mark.

Court. Is there any mark on that case to enable you to tell what time your master made it? - Yes, within a year. I cannot tell nearer than that.

Your master made a great many in the year? - Yes, some hundreds.

Can you tell who made that? - Yes, Thomas Knight < no role > ; he was apprentice to my master then, he is not now.

THOMAS KNIGHT < no role > sworn.

I work for Mr. Lathwaite. I made this case for Mr. Lathwaite. It was made last year by the letter of the Hall mark, which changes every year; but I do not know what month it was.

To Mr. Denham. How soon did you receive advice from Liverpool, that this box was not received? - On the 8th of April the advice was dated the 6th. The coach is two days coming to town.

Did the prisoner continue in your service then? - He did, but I had no suspicion of him in the least.

How long did he continue in your service afterwards? - I cannot say, he went down to Yorkshire soon after, I cannot recollect the day.

Was it commonly known in the yard that the box was lost? - It was known in the counting-house.

Was it not known to the porters? - I do not know that. We do not make these things known to the porters. I thought the box was sent, and they might have made some mistake on the road.

Prisoner. I leave my defence to my counsel.

(It was admitted by the counsel for the prosecution that the prisoner bore a good character.)

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.