647. THOMAS CONDON otherwise SMITH proceedingsdefend , and JOHN COLLINS proceedingsdefend were indicted for that they not being either of them persons employed in the mint of our Sovereign Lord the King, nor for the use and service of the said mint, after the 15th day of May 1697, to wit, on the 30th of September last, with force and arms, one mould made of sand, in and upon which was made and impressed the figure, resemblance, and similitude of the head side of the lawful silver coin of this kingdom, called a half-crown, without any lawful authority or sufficient excuse, for that purpose, knowingly, feloniously, and traiterously had in their custody and possession, against the duty of their allegiance, and against the form of the statute .

A second count. For having one other mould for a shilling.

WILLIAM MACKINDER < no role > sworn.

On the 30th of September, I cannot say exactly to the time, but it was a little after five, Dixon, Grubb, Macdonald, and me went to Irish court White-chapel ; Dixon went to the door first, and he had a hammer in his hand, the door was bolted on the inside, he knocked the door in, and I went in first, and went up to the one pair of stairs room, where I found the prisoner Condon with a spray in his hand, with a pair of tongs; a large part of the spray was red hot: Dixon run in and said, damn you Tom, I have catched you at last; then he dropped the spray into his box where there was some sand; Dixon tied his hands, he made a great deal of resistance; we tied him with a handkerchief, and it was no more than a bit of pack-thread; and we sent for as much cord as would have tied a mad bullock, he was so strong and resolute: the other prisoner Collins was standing by him, he run into a closet, and we fetched him out; I saw nothing in his hand, but his hands were all over sand: I did not see him doing any thing, he behaved very well. Condon was very resolute, we were obliged to tie him again; he had his shoes off, and a pair of old slippers on, he begged for his shoes, but we would not let him have them, till after he was tied; his coat was off, and we took him to the office without his coat.

Did he appear to have been at work? - Yes.

Do you think so of Collins? - I do not know what to think of Collins, he had nothing in his hand, but his hands were all over sand. We found all the implements of coining, and aquafortis, and a flask, and fourteen pattern shillings were laying just by this box, and Dixon took them up. There was very little furniture, nothing but a few shelves.

JOHN DIXON < no role > sworn.

I went to the house in Irish court, Whitechapel, as soon as I had broken open the door, and went up stairs, I saw Condon standing at the window; (the lower door was both locked and bolted, I took the fledge hammer with me on purpose to break it open) and Collins was standing by him. Condon had the spray, and the tongs, and the knob of it was red hot, as red as a red hot bar of iron; I put the pistol to him, and said put it down, and make no resistance, if you do, I will shoot you; it was taken out of the flask with the tongs, he had hold of it with the tongs. Here are the candles which they use to smoak it.

Court to Jury. Gentlemen you may take the spray if you please, and just lay it down to the place to see if it corresponds.

Jury (after comparing it.) It corresponds exactly my Lord.

Dixon. We found the mould close by his feet, and the patterns were laying close by his feet, and the flasks were open as they are now, and quite hot; here is aqua fortis, flask, metal, and every thing that is used in that business: sand paper facings, and every thing: here is some metal which we found on a shelf on the further side of the same room; it is what they call virgin copper, I believe it has been refined in order to mix with silver.

Did you observe Collins at all? - I saw him standing by Condon; and there is a little room side ways, and he went in there, we fetched him out, we tied his hands; but we had a long struggle with Condon: Collins's hands were very dirty and sandy as if he had been at the business.

Court. But however you saw him do nothing, nor he had nothing in his hand? - No, my Lord I saw him do nothing.

Prisoner's counsel. You seem to be very conversant in this business of coining? - Yes.

You have had frequent experience in it? - Yes.

How came you first of all to suspect there were coiners in this house? - That is not a fair question.

You had your information from a woman. - No matter for that, it would only hurt your client if I was to tell you.

I believe there had been a little affection between the prisoner Condon and a woman, for whom you had a little affection, - No Sir, never, I have apprehended him several times.

Court to Dixon. These are all the instruments that are used? - Yes.

What is in that phial? - Aqua fortis.

How do you know? - I have tried it.

JOHN CLARKE < no role > sworn.

I believe you have about fifteen years been employed for the mint? - Almost Sir.

Look at these different instruments and explain the use of them to the Jury; begin with the flask? - These are the flasks that they are cast from.

Court. That is the mould we may call it? - Yes, it is squeezed down, and so leaves the impression on the sand, this is a composition of base metal, this is the spray that runs down in the middle, this has been a compleat mould, and there is no doubt but these have been run in these flasks; they are taken off from here and edged, and scoured, and put into aqua fortis, this phial is aqua fortis: a shilling is worth about two pence halfpenny or three pence, the half crowns about four pence halfpenny.

Is that a compleat apparatus for the purpose? - They are compleat, every thing is compleat here.

PRISONER CONDON's DEFENCE.

I leave it to your Lordships whether any gentleman will not take them for lawful sixpences or shillings or half crowns; this house was not mine, I was entrapped into the house; Dixon told me he had waited for me from Thursday until Monday.

Court. Your indictment is not for coining, for then you would have an a rgument that might be made of use to you, that is, that the coining not being compleated, the offence would not have been compleated; but for having tools and instruments in your custody proper for coining, the offence is just the same by act of parliament.

Prisoner Condon. I am just come from sea, I have no acquaintance; I have been informed in gaol, with respect to them flasks, no fine worker, nor no caster, can work without them; this house was not mine: these things should be done without see or reward, and not to have 40 l. to swear a man's life away.

Court. There is no reward on the conviction of coiners.

Jury to Dixon. Where was the fire in the room? - In the further side of the room.

You saw the fire? - Yes, and the crucibles all laying about the fire.

PRISONER COLLINS's DEFENCE.

I worked the same day very hard with a Bricklayer; I lodged in the same house three years; I have witnesses who promised to be with me on my trial.

Jury to Collins. How came you into that room, there was no bed in that room? - The house was out of repair.

Court to Dixon. Was Collins in slippers? - No, he had all his cloaths on, I did not see Collins doing any thing in the world but standing by the side of Condon.

Jury to Dixon. I understood you that this man's hands were all sand? - They were very dirty, it might be dirt.

CONDON GUILTY , ( Death ).

To be drawn on a hurdle to the place of execution.

COLLINS, NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Justice NARES.