535. JOHN HUNTER proceedingsdefend This name instance is in set 1394. was indicted for feloniously stealing on the 22d day of May , one Scotch lawn handkerchief, value 3 s. one garnet neck-lace, value 10 s. one pair of gold ear-rings set with gold, value 10 s. one gold mourning ring, value 18 s. one amethyst ring set in gold, value 20 s. a cornelian seal set in gold, value 15 s. one enamelled ring set in gold, value 20 s. one stone marquoisite ring, value 5 s. one diamond ring, value 20 s. one stone ring, value 6 s. one silk watch chain, twisted with gold, value 5 s. eighteen guineas, value 18 l. 18 s. four half guineas, value 2 l. 2 s. and one silver dollar, value 4 s. 6 d. the property of John Harris proceedingsvictim , in his dwelling house .

JOHN HARRIS < no role > sworn.

I am a silk-dyer and scowerer , I live in Chapel-court, Oxford-chapel , I am a housekeeper, I missed my property, which was a purse containing eighteen guineas, and four half guineas, which was in a drawer in a bed-room, in a small nest of drawers, the other articles, the rings, and every thing mentioned in the indictment, were in the same purse, I lost a Scotch lawn handkerchief, and I found it at the prisoner's lodgings; I charged the prisoner on suspicion.

Why did you suspect him? - On Saturday last he was working for me, and had for some time occasionally; part of the things that were in the purse were found on the chair, and upon looking into the drawer, the purse was gone, he had worked for me before at different times but not constant, since the middle of March last; when he had done, which was about three o'clock, I paid him what I owed him, and sent him on a message to my calender's at Moorfields, he went and returned without the things, and I was at the back-door, and saw him give the wrappers to my wife; he went from there, and in about an hour and three quarters of an hour, my wife, (here she is) she and I heard somebody going up stairs, she called to our little apprentice, who is that, she said John, what business has he there? says I, he is gone up for a coat that he had up stairs, which I gave him leave to clean; in a few minutes after he came out, which was a little before eight, I went and saw the prisoner go from my door, I did not see him come down stairs; on Sunday morning between three and four, I was informed the purse and all the things were gone, I went to the Rotation-office to get him secured; the Monday morning about seven, the prisoner came back again to my house and pushed open the door, he was going up stairs to fetch some clothes that were to brush off, I told him he should not work there again, I had paid him off on Saturday night, he asked me why; I told him he should know soon, I had him secured and kept him till the time to go to the Rotation-office; I took him before the Justice, where he denied the fact, my apprentice said she saw him go up stairs that night; you are a liar, says he to the girl; he denied coming in my hearing, he was searched and nothing found upon him belonging to me, I went and searched his lodgings, and looking over the things, I found a cambrick handkerchief, I took it up, and he said it came from the country, and he told the Justice the handkerchief was sent him by his mother from the country, with a pair of stockings.

FRANCES HARRIS < no role > sworn.

On Saturday evening between six and seven, that man, the prisoner, returned from Moorfields, I said, give me the things and go no further, I then came in, I had some friends at tea, and while I was sitting I saw the shade of somebody, and heard the foot, and I asked Mr. Harris who is that, he answered me it is John; what should he go up for, says I; I have given him leave to clean a coat; says I, I was frightened last week with him; in ten minutes I saw the shade pass.

Court. Did you see the prisoner go up stairs? - I saw the prisoner on the Friday, I only saw the shade of him go out of the passage, I did not see him afterwards till the Monday morning; then when I came down I found my ear-ring, which led to the discovery, I found a garnet ear-ring upon the chair by the side of the drawers, which had been before in the purse, all the articles mentioned were in the purse, eighteen guineas, four half guineas, and a dollar, there were two ear-rings in the purse, one of which I found in the chair, that made me open the drawer where the purse was, it was my own purse.

Mr. Sylvester. Did you go to church that morning? - I had not been out of the house, the next morning he was taken into custody, while I was waiting in the passage, he was at the back-door, he asked me the reason of all this, I said you shall soon know; I said John, you went up my stairs on Saturday night between the hours of seven and eight, he denied it; I said John do not say so, for the girl saw you, upon which he immediately made oath and said, it is a damned lie.

Court. Look at that handkerchief which was found at the prisoner's lodgings? - This handkerchief I missed on the Thursday before, I made that handkerchief, here is the fellow of it.

Mr. Sylvester. Is it not what they call a French cambrick? - No, Sir, it is not.

Are you a remakable good work-woman? - I have been reckoned so.

Perhaps you can swear to the needle that made it; do you mean to swear to the shade? - No.

I thought you might, they are usually hemmed round? - Not all.

Where there is a selvage you do not hem them? - I always do.

This was lost the Thursday before? - I am sure it was the Thursday, because it was the day of the wash.

Did you examine the washerwoman's pocket when she went home? - No, Sir, I had no occasion, she had lived servant with me upwards of seven years.

I take it for granted, that every body that has lived with you, or has any thing to do with you must be honest; whether she took it home with a bit of soap wrapped in it you cannot tell? - No.

You are not angry with me I hope? - Not at all, Sir.

SARAH ROGERS < no role > sworn.

What age are you? - Fourteen next Christmas, I am apprentice to the prosecutor.

On Saturday in the evening did you see the prisoner at any hour in the house of Mr. Harris? - Yes, when I went to fill the first tea-pot, it was between seven and eight, I saw him on the stairs.

You are sure it was the prisoner? - I am sure it was the prisoner going up stairs in the chamber.

The remainder of this Trial in the next Part, which will be published in a few days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 26th of MAY, 1784, and the following Days;

Being the FIFTH SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER V. PART IV.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of John Hunter < no role > This name instance is in set 1394. .

Had you given him any leave to go up stairs? - No, Sir, I had no conversation with him.

What could you imagine was his reason for going up stairs? - My mistress saw him go up, says she there is John gone up stairs, says my master, I fancy he is gone up for his coat, says my mistress, he ought not to have gone up stairs, he should have come and said, Sir, I will be much obliged to you to let me go.

I understand your master, that he had given him leave to fetch down that coat.

Court to Harris. Had you given the prisoner any leave to fetch down that coat? - I said probably he was gone up for the coat.

Court to Rogers. Did you see him come down again? - I did not, I certainly saw him go up, he looked at me and I looked at him, I said nothing to him.

Mr. Sylvester. The workshop is up stairs? - Yes.

It was no unusual thing for the workmen to go up? - Sir, it was an unusual thing when my mistress told him not.

Aye, your mistress said he ought to have been polite, she made a speech which he ought to have made himself? - Yes.

She thought it was rude? - Yes.

But there was nothing remarkable in his going up stairs? - No.

Court. Had it been his usual practice to go up and down stairs without asking any particular liberty to do it? - Yes.

Without any opposition or enquiry? - Yes.

ELIZABETH COWPER < no role > .

I desire to be sworn according to the Church of Scotland.

Mr. Justice Willes. That is holding up the hand instead of kissing the book.

Mr. Garrow. That is a sort of affirmation.

Court. You see for the sake of the precedent it should be attended to, and ought to be considered.

Court to Mr. Reynolds. Has it been taken here? - Yes, my Lord, several times.

Court to Prosecutor. She can say nothing of any consequence.

Mr. Harris. This woman washed the prisoner's linen.

Mr. Sylvester. What that woman will say is another thing, but we do not want to hear you say what she will say.

Court. Mrs. Cowper cannot say it was the handkerchief of Mrs. Harris.

WILLIAM BLACKETER < no role > sworn.

I took the prisoner to the watch-house, I attended for Mr. Newport to take the prisoners to prison, he remained there till six in the evening to be examined again, and he told me he had some money at home, says I, you cannot have any, says I, your lodgings have been searched; says he, I do not trust any body with my money; I went with him myself, and took another man with me, and he said he wanted to go down stairs, I went with him, and he sat there for some time; I said I cannot wait all day for you, and he came up and went out of the door again, without getting any money; says I, where is the money; he said, you will not give me time; I said I do not hinder you, so he hesitated some time, and then he said it is not worth contending; he said I have made away with some of it, and he went down again to the vault, and took it out of a hole in the wall, fifteen guineas in the purse, and gave it to me, (produces the purse and money) there were fifteen guineas in the purse, and four half guineas and a dollar; when I took him back again to his lodgings, he took it out of some mould that was in a bit of paper, he kicked it up with his foot, and the paper was all wet; I put the gold and the other money together, the dollar I kept; this is the same, this is the purse.

Court to Harris. Is that purse yours? - It is not; I can identify the dollar, I have had it in my possession ever since the year 1780.

Any particular mark? - Only rather thin and large.

Court. There is no particular mark upon it? - Not that I know of, only being very much worn.

Have you a dollar of the year 1773? - The date I do not know, but that dollar has been in my possession ever since the year 1780, which came with some other money to me from the country.

There was no mark on the gold? - No.

Mr. Sylvester. It was in King Philip's reign I see, did you observe that before? - I do not know what reign it was in.

Did you ever see a dollar before? - I have.

Court to Harris. Will you swear that in that purse that was taken away, there was a dollar? - I positively will.

Court to Mrs. Harris. Will you swear the same? - I will.

PRISONER's DEFENCE.

When I went to work on Monday morning, Mr. Harris stopped me, I was going up stairs as usual to get a cleaned coat to do off, and he stopped me; I did not get up stairs, he sent for a constable, and told me I was his prisoner; he would not tell me what he took me for; this man told me to produce the money, and I should get clear off, there should be nothing at all done to me, and this money that I have produced is my own, and I did it to get clear.

Court to Blacketer. Did he describe what gold it was? - He said he had made away with part of it, and that he had thrown the trinkets over Black-friars Bridge.

Mr. Sylvester. What did you say to him, tell the whole. - I have told the whole.

No, not quite, it is better for you to own it? - I did not tell him to do that.

What did you tell him? - I never told him any thing, there was no promise upon my oath, I told him it was not in my power to shew him any favours, I said nothing more.

What could induce a man, whom you knew nothing of, to give you his money? - I do not know.

Court. Did you threaten him or frighten him? - No, not at all.

Did you say the prosecutor would shew him any favour? - I did not.

Court. Did you find any of the trinkets? - No, my Lord.

Mr. Sylvester. Did you make any promises at all? - No.

The prisoner called three witnesses, who all gave him a good character.

Court to Jury. The circumstance of the handkerchief is too slight to influence your judgment, and you will judge what credit is to be given to the evidence of William Blacketer < no role > , on whose evidence the case entirely rests.

GUILTY, Death .

The prisoner was humbly recommended to mercy by the Jury.

Tried by the first Middlesex Jury before Mr. Baron PERRYN < no role > .