520. THOMAS WHITE proceedingsdefend This name instance is in set 1387. This set is in the group(s): GarrowsClients . was indicted for burglariously and feloniously breaking and entering the dwelling house of the Right Honourable Ann-Mary Lady Forrester proceedingsvictim , about the hour of two in the night, on the 8th day of May , and burglariously stealing therein, one pair of silver candlesticks, value 5 l. one pair of silver snuffers, value 20 s. one silver snuffer-tray, value 20 s. one silver soup-spoon, value 40 s. two silver gravy-spoons, value 50 s. seventeen silver table-spoons, value 9 l. twelve silver desert-spoons, value 40 s. one silver sugar spoon, value 8 s. one silver mustard ladle, value 5 s. seventeen silver teaspoons, value 63 s. one silver muffineer, value 12 s. one silver coffee-pot, value 6 l. one pair of silver sugar-tongs, value 12 s. one pair of steel snuffers, value 5 s. one linen table cloth, value 10 s. one silver pepper ladle, value 5 s. one silver sallad fork, value 8 s. twelve silver handled knives and forks, value 42 s. six desert knives and forks, value 18 s. one pair of pistols, value 50 s. one man's cloth great coat, value 60 s. the property of the said Lady Mary.

BETTY KERTON < no role > sworn.

Examined by Mr. Sylvester, Council for the Prosecution.

I am house-keeper to Lady Forrester in Portland-street , her family consists of myself, a house maid, a cook, a man servant, and a boy.

When did the prisoner come into your lady's service? - On Monday the 3d of May.

What happened on Saturday the 8th of May? - On five o'clock on Saturday evening, Lady Forrester, attended by two chairmen, and her man servant, went to Lord Salisbury's to dine there, the man servant was ordered to attend her at night to go to the opera; our house was made fast by eight that evening, I fastened some part, and the boy the other, and the house maid the other, I fastened the door into the back yard, and I saw the boy fasten the windows in the pantry, that is what is commonly called the back parlour, that is the room where the prisoner laid, I believe the other parts of the house were fastened by the other servants; I went over the house myself about half past eleven, I went to every door and window in the house, I found them all fast, I bolted three inner doors below stairs on the ground floor, the other servants went to bed at eleven, I came down stairs from them, and went and examined the house, Lady Forrester was not then come in, about ten minutes before twelve my lady knocked at the door, I came down and let her in, I went into the front drawing-room with her ladyship, to deliver some messages I had received, then went into her ladyship's bed-chamber, and waited till she came there, when she was undressed I wished her ladyship a good night, she said good night Kerton, I expect that you see Thomas's candle is out, that was past twelve, I then went down stairs to Thomas's room, took hold of the handle of the door, the key was on the outside, it was bolted within, and I held the handle of the door while I spoke to him, says I, Thomas < no role > I hope you have been very careful to put out your flambeaux safe, I said likewise, I hope you are very careful of your candle; his answer was, he was very careful of his candle.

What fastened the door on the inside? - A slip bolt, which is a part of the lock, I then went to the front door; it is a rule of our house that the key of the street door should always be taken up stairs by me, the bottom bolt was bolted, and the chain was up, I tried the lock, it was not locked, I double locked it, I am very sure I double locked it, and put the key in my pocket, and then went to bed.

Court. Did you bolt the top bolt? - It will not bolt; about five o'clock the next morning I was alarmed by an unusual noise as I thought, in a passage leading to the passage.

Where do you sleep? - In the front bedroom, two pair of stairs.

Court. Nobody slept below stairs but the prisoner? - No, I got up and looked over the bannisters; ours is a well stair-case, and there I saw a man pass along the passage.

Who was that man? - I cannot pretend to say.

Did he say any thing to you? - No, I returned immediately into my bed room, and threw up the window, there were several people about the door, and I said, pray gentlemen what is the matter in our house? one of them answered me, they believed there was thieves in the house? I immediately went into the garret and said, for God's sake, maids, get up, for I believe there are thieves in the house; I returned immediately to my own room, and there was the foot of a man coming up stairs, which I apprehended to be one of the thieves, which frightened me very much, I fastened my own door again, and opened the window, and said, gentlemen pray do not leave the house, for I believe there are thieves in the house, the answer was, a watchman was in the house; I then put on my clothes, and her ladyship came out of her room, and enquired what the noise was about, I immediately went into the back-parlour, and when I went in I said, bless me Thomas, when did all this happen? he said about half an hour ago; I passed by his bedfoot, and to the cupboard where we kept our china; he said, one of the men said, let us take the china, and the other said it was not worth while.

Court. Repeat his own words? - I opened the cupboard door, and he said, one of the men said, let us take the china, and the other said, it is not worth while; I said, should you know the men if you was to see them; he answered me yes; the one was a short thick man with his face blackened, the other was a tallish man, and a crape over his face; that was all that passed between him and me.

Was he tied? - I believe not, I cannot positively say whether he was or was not.

What situation was he in? - I think he was sitting on the bed-side.

Was he dressed or undressed? - I know he had not all his clothes on.

Court. You are not positive what situation he was in? - No, I am not.

Did any body go into the room with you? - There was somebody, I think it was the watchman and lamplighter.

Did he describe the men in any other way than you have said? - No.

What articles of plate did her ladyship lose?

(The witness recites the various articles in the indictment.)

Now what was left behind? - Two drinking cups that are plated and gilt withinside, they were with the other things, and a plated tea kitchen, which was also with the other things, two small plated waiters, four tall candlesticks which were plated.

Court. Was there any article of silver left? - No.

Were the plated articles and the plate all kept together? - There is one cupboard at the head of the bed where the tall canclesticks stood, and the bedchamber candlesticks from the cupboard was taken away, a pair of silver candlesticks, one plated candlestick, and one tutenage, all the other plate was kept in another cupboard, at the bottom of it.

Were those closets so open that any body might see them that came into the room? - Yes.

Court. What locks were on these closets? - Small locks.

Who had the charge of the things? - The key was delivered to him, he had the charge of the things.

Did you go into that room on the second time in the evening? - Yes.

Did you, at either of these times, observe whether those closets, where the plate was kept, were shut, or locked, or not? - I did not.

Did you make any observation of the prisoner's door or the street door? - The private watchman came and desired me to go along with him to see in what part of the house they broke in; we went down into the kitchen; the two doors leading into the front kitchen were unbolted; there is a door that is in the passage that incloses the front kitchen and passage, them I bolted myself.

Then they must have been unbolted from the inside of the house? - They must; in the kitchen a small cupboard belonging to me was broke open, of which I had the key.

What was taken out of that? - Two or three tea spoons, the kitchen drawers were opened, the windows of the kitchen were perfectly safe, they were fastened as I left them; we then went to the door that leads to the area; and that was perfectly fast; from there we went into the back kitchen, and examined the fastenings there, and they were all fast; we went up stairs, and the room doors withinside the house were all locked, the parlour door excepted; we lock the doors every night, and leave the keys in; we went into the rooms to see if the windows were all safe, and they were all safe; when I returned her ladyship was in the parlour; I went and informed her, that all the house was safe.

Had you been in that parlour that morning? - I had not till I went into my lady.

Were the parlour windows shut or open? - They was opened.

Who went in with her ladyship to the parlour? - The house maid.

Is she here? - She is not.

(The house maid sent for.)

Had you observed any thing of the door, or by the door? - I saw the lock of the street door lay on the mat, with three of the screws and a chissel.

Did you observe whether there was any marks of violence on the door? - I examined with the smith, and I saw none; I went with the smith, and looked at the prisoner's room door particularly; the smith is here.

There was no appearance of violence on the prisoner's room door? - I made no other observation.

Court. Was his lock a mortise lock, or a lock screwed on withinside? - It was a mortise lock.

Was his door open in the morning when you went down? - Yes.

Was the bolt out or drawn back? - I did not particularly observe that.

Were the windows of his room when you went in shut or open? - One of the windows of his room was open, I believe.

Speak correctly, as well as your memory will serve you? - I believe it was.

Do you mean the shutters or the sash? - The shutters.

How do these windows fasten on the inside? - With a pin, there is a little pin at the top of the sash which comes through the shutters, and pins on the inside.

Is that the only fastening to these windows? - Yes.

Are there any holes cut in the top of the shutters to let in light? - Yes, there are.

What is the distance from these holes to the pin? - They are near to the top of the shutters.

Is the window a very high one? - A common size window for a low room.

I suppose these holes are within two feet of the pin; are they within the length of a man's arm from the pin? - I cannot pretend to say.

Was there any pane of glass broke in the window? - No.

Are you quite sure of that? - Quite sure of that.

Are you sure these windows were pinned the night before? - I am.

Where do these windows of his room look into? - Into the back yard.

Is there any area before them? - There is.

Do you happen to recollect, whether the door of that room opened easy or with difficulty when it is not bolted? - Perfectly easy.

Are you perfectly sure that it was bolted that night when you went down to speak to him? - I had the handle in my hand all the time, I went with an intention of opening the door, but I could not open it.

Then you have no doubt but it was fastened on the inside? - I have not.

Mr. Garrow, Prisoner's Council. This room that the prisoner slept in has a chimney in it? - Yes.

Any chimney board? - Yes.

Up at this time? - Yes.

When you went over the house at night, did you examine the chimnies? - I did not look into the chimnies.

Did you look under the beds? - I did not.

You did not look under the prisoner's bed? - I did not.

Consequently somebody might be concealed under the bed? - It is a press bedstead, I should think nobody could be under it.

However, by bare possibility, there might be somebody under the bed? - I did not look under that bed; there was a chimney board, and by the chimney board stands two chairs, there was our chairman's coat and hat on them.

Court. Were these two chairs there in the morning? - Yes, they were, but the great coat had been taken away.

Were the chairs standing in their usual places in the morning? - They were.

Was the chimney board up? - It was.

Are you sure it was? - I am.

Do you take upon you to say, that these chairs were in the usual places? - Yes. there is a very narrow space between the fire-place and the bed, there can but one person just pass.

In the other rooms, however, it was possible somebody might have been concealed? - There is not a room in our house but what is occupied either in the day or night.

But you know at present you have no fire in your parlours or drawing room; are all your bedchambers occupied? - All but one, that is a small room that goes through one bedchamber into another; I observed the key of the man's door was on the outside.

From the time he came in with your lady to the time you went down to his door, Lady Forester had had time to receive the messages, and go to bed? - Yes, that was about three-quarters of an hour.

The probability was, that the man servant was in bed too? - I do not know, I did not see him.

It was not very probable, that a person of your modesty and propriety, should have had it in your intention to go into his room? - I should only have opened the door, I should not have gone into it.

My defence is, upon the footing of your modesty; you did not knock at the door? - I did not.

If you had opened the door, you must have seen the bed? - No, Sir, it is a small room, but the door opens to the left-hand, and I should have seen the table and not the bed.

I think there is a probability, however, that you could not be perfectly sure that the door was bolted withinside? - I am perfectly sure it was.

Can you be perfectly sure, that, in spite of your feelings, and in spite of those sentiments of modesty, which I am sure always attend you, you tried to open the door? - I went down stairs, with an intention to open the door.

You was satisfied with asking him through the door? - I was.

Then your purpose could not have been to open the door to see about it? - If the door had not been fastened, I should certainly have opened it.

I cannot conceive for what purpose; your object was to know whether the flambeaux and candles were safe, and you was satisfied by asking him through the door, at that time the candle was in truth burning? - I cannot say, I did not know that.

These are a sort of slip-bolt locks? - It has a separate handle.

It is not at all usual for the bolt to be pushed some small matter forwards without design? - I cannot say.

Do you happen to know, whether it was a custom of this man to bolt his door withinside? - I remember wanting a brush one morning, and sent the boy for it.

Had you ever any occasion to go into the man's room at any time when he has been retired to rest? - I do not remember that I had.

You slept in the two pair of stairs front room? - I did.

This place was the back parlour? - It was.

Consequently a noise made there might have escaped your ears at that distance? - A well stair-case gives the noise pretty plain, but I certainly did not hear any noise, till the noise I mentioned.

Court. Does the door in that back room in which he slept open to the well-staircase? - Yes.

How is the stair-case situated in the house, is it situated as a back stair-case? - It is a back stair-case that goes over the back kitchen stairs, there are no other stairs; it is not a yard from the stair-case to his door.

Mr. Garrow. When you left the other servants, were their room doors locked? - No.

How long had the other servants lived in the family? - The house maid has lived seven months, the cook had only come to our house the Tuesday before.

Both of them young women, I suppose? - Yes.

Like enough to have sweethearts? - You had better ask them that question, Sir.

It is not uncommon, and they were not locked into their rooms, they could certainly come out if they chose it? - They could.

How long had the boy lived there? - About sixteen months.

You do not know that the man was tied in the morning? - I did not see.

Have not you heard that he was severely tied? - I heard he was tied.

Did you never hear him say, that the persons who robbed the house made use of his lanthorn? - I never did.

You never saw the chissel before? - Never.

Court. What situation was the pin of the window when you went in? - The pin was nailed to a bit of leather, and hanging as usual.

Mr. Silvester. When you was in the room, was the bed made? - The last time I was in the room the bed was made.

Jury. Whether the press bedstead was let down to be made? - Yes.

SARAH ALDWINCLE < no role > sworn.

Examined by Mr. Devilsme.

How long have you lived with Lady Forrester? - I came the 4th of this month; I went up stairs about half after nine of the Saturday night with the boy, when the prisoner rung at the door, with intent to ask the prisoner to take some things up stairs for me; the prisoner told me he was in a hurry, he had over staid his time, and that my lady would want to come from the opera, he came for his flambeaux, and went away directly; he went out, and I shut the door and locked it, and the boy and I returned down stairs, and the house maid and I went into the room to make his bed.

What kind of a bed is it? - It is a press bed.

Was it up or down when you went in? - It was up, pinned in with folding doors.

Did you and the house maid let it down? - We did, and then we made it; we returned down stairs, and we examined my apartments to see they were all safe, all the windows and doors; I had not fastened them myself, but I ex amined them, and they were all safe; I then went up to bed with the house maid.

Had you observed whether the keys were in the closet where the plate was? - I did not observe, but the doors were shut, I then went with the house-maid to the parlour, and saw that the windows were safe; and then we locked the parlour door, we then came out and looked under the beds, and then went into our apartments, we looked under my Lady's bed and all the beds in the house, and behind all the curtains, then we went to bed, and about five in the morning we were alarmed by Mrs. Kerton, who came in and said for God's sake maids get up, there are thieves in the house; we got up, and going down stairs, I saw a watchman coming up stairs with a large stick in his hand, which I thought to be a thief, I was very much frightened, he told me he was one of the watchmen, he was very glad to see us alive, for he supposed we were all dead, or confined in our beds; I went into Thomas's room, where I saw him sitting at the foot of his bed with some of his things on, I said for God's sake Thomas what is the matter, how are you Thomas; he said he was very much hurt, he said he was robbed, and he was ruined, he had lost his watch, a pair of knee-buckles, and his money; he then turned to his box, took out some money in a paper, and said no they have not taken it all, and I saw some, I believe it was a guinea; I then returned to my Lady, and she was coming down stairs, and said for God's sake, cook what is the matter, I told her what Thomas had just said to me; I then returned to Thomas again, and found him crying and very much affected, I then went down stairs, and found both the kitchen doors open and one of the windows, three drawers in the kitchen were open, I do not know who opened them, and the cupboard was broke open, I examined the drawers and I missed a cloak that I had put in the night before, I then returned to Thomas, and he had his coat and waistcoat in his hand, and I helped him on with his coat and waistcoat, and he said he believed they had broke his shoulder, it was very much hurt.

Court. Did he appear to you to be much hurt any otherways than saying so? - I did not take any notice of that.

Did you observe in his manner of putting on his coat, when you helped him on with it? - No, Sir, I cannot pretend to say that I did, in turning out of his room I observed one of the screws of the door laying in his lanthorn.

Court. Where was the lanthorn? - Upon the table, at the foot of the bed.

What lanthorn was that? - A lanthorn that they go to bed with for fear of droping any snuffs of candle and grease.

Was that the lanthorn that Thomas used to go to bed with? - Yes.

You are sure of that? - Yes.

Did you make any observation of that? - I said Lord, Thomas, they have put one of the screws into your lanthorn, with that he turned his head, and shook his head.

Court. Did he say any thing? - No further than saying he wished he had his watch again, I then went out of his room, and went up stairs with one of the watchmen and we hunted all over the doors, up the chimnies, and every part of the house, and found every thing as we had left it before.

Was there any mark of any foot, or of any body having came down the chimney? - Not in the least.

Did you observe the street door? - When I came down stairs the lock lay upon the mat, with three screws and a chissel by the side of it, I saw the lock at first, but I did not observe the screws till somebody came and said one of the screws were lost.

Cross-examined by Mr. Garrow.

Thomas had lived in the family a day longer than you? - Yes.

You are a single woman I take it for granted? - Yes.

You say you do not know any thing about the quantity of plate that was lost or left? - No.

But it is not extremely easy for people to know plate from plated? - I cannot say.

The watchman had been into Thomas's room before you went in? - Yes Sir, the watchman and lamplighter unloosed him.

After that he put on some of his clothes? - Yes.

Did you examine his leggs or his wrists to see if he was galled with the rope? - No, Sir, I was glad to see him alive, I saw some bits of cord laying.

He was a good deal affected at the time, you say he shook his head? - Yes he was.

That is pretty common I believe, when people have escaped from a great danger? - Yes.

Was there a chimney board? - The chimney board was up when I made the bed, and two chairs stood by it, and the chairman's great coat lay in a chair.

Are you sure of that? - Yes.

Were the chairs in the same place in the morning? - Yes.

And the chimney-board up? - Yes.

What stood behind the chimney-board? - A stove.

What sort of a stove? - I cannot pretend to say, I believe it was a loose stove.

Is the chimney a large one or a small one? - Not a very large one, nor a very small one.

Was there room enough behind that chimney-board, for a man to conceal himself, the grate standing where it does? - I cannot say, it appeared to me to be rather shallow, I locked the door of the front parlour when I went to bed.

Who first went into the front parlour in the morning? - I cannot say, somebody was in.

Where does your Lady sleep? - In the second floor backwards.

Does any Lady sleep on the first floor? - No there is a drawing room, a parlour, and a little room which has a press bedstead with folding doors.

None of the family sleep in that? - No, there is a gentleman comes once a week, nobody in ordinary sleeps there.

Are there chimney boards on that floor? - No, there was never a chimney in this back room; to the front drawing room, and the other back room there is no chimney-board, we could not look under that bed it is so low.

On the two pair of stairs, how many bed-chambers are there? - Two, my Lady's and the housekeeper's, the two maids and the boy sleep in the garret, there are three garrets, I and the house-maid sleep in one, the boy in the other, the third is a little room that goes out of our room, it is within our room, we went into that room, we go in there every night, there was nobody there.

The doors leading from the kitchen to the stair-case are fastened up at night? - Yes.

Did you fasten them up? - No, only the kitchen windows and the area door, the housekeeper fastened the rest.

The last of these doors, how far is it from the stair-case? - A very little way.

Is there any closet, or any thing between the foot of the stairs and that door? - None at all.

Mr. Garrow. There is no room within the folding doors of the press bedstead for any body to stand? - No.

Not for a boy? - No.

Mr. Silvester. Was there any appearance of soot? - Not the least morsel of soot.

WILLIAM DAVIS < no role > sworn.

How old are you? - Fourteen last March, I have lived with Lady Forrester sixteen months.

Do you remember the night of the robbery? - Yes.

Did you make any observation of any thing particular the next morning? - Yes Sir, I found one of the wax candles that had been in the silver candlestick, removed from the silver candlestick in a plated high candlestick.

Did you observe what candlesticks the wax candles were in the night before? - In the silver candlesticks, the next morning I found one of the wax candles almost burnt, in the plated candlestick, at the head of the prisoner's bedstead, and the other which was not burnt, in the top draw in the pantry, where the prisoner sleeps, in a little cupboard, the socket was taken out, and it was turned down in the candlestick.

Did you see those candles in the candlesticks the night before? - Yes.

Were they long candles, or were they much burnt down? - They were in long pieces.

(The piece of wax-candle produced.)

Were they of equal lengths the night before? - Yes.

Did you observe any thing else? - No.

Was the plate visible when any body came into the room? - It was visible when the cupboard door was open.

Mr. Garrow. Did the keys of the plate closet usually stand in the door? - Yes, the key was always left in the cupboard door.

What candle was there in the lanthorn? - A little bit of tallow-candle.

Are you sure of that? - I saw the piece in the morning.

What account did the prisoner give of the wax candle being burnt? - He said that the persons that had broke in, had lighted one of those candles, and that they had used it in robbing the house, the little piece of tallow-candle was found in the lanthorn.

I fancy you know what we all know, that candles burn a good deal faster when there is a high wind comes to them? - Yes.

And burn faster for being hurried about? - Yes.

SUSANNAH FREEMAN < no role > sworn.

I am house-maid to Lady Forester, I was not the first that went into the parlour, I opened the windows.

Before you opened them, did you examine whether they were fast or not? - Yes, Sir, they were fast.

Were they in the same situation they were the night before? - Yes, they were.

I mean shut and pinned, and all that? - Yes.

Is there a chimney-board in the front parlour? - None at all.

Is there any press, or cupboard in the front parlour? - No.

Mr. Garrow. The parlour door was open before you went in, did you look up the chimney the night before, to see if there was any body there? - No.

Court. I ask you this general question, did you find any soot in any of the chimnies in the house? - No, Sir, I did not.

JOHN HANNAM < no role > sworn.

I am the private watchman, I passed my Lady Forrester's door, about two minutes after five, in company with the parish watchman, and the serjeant of the night of that division, I went to Queen Ann's street, which is two doors down.

When you passed it, was the door open or shut? - It was visibly shut, the clock struck five about ten minutes before, I then returned the same side of the street that Lady Forrester's house is on, I went to the extent of my walk, I returned back directly on the same side of the street as far as Lady Forrester's door. I looked at the door, and it was about three inches open, I look upon it not to be above two minutes before I returned.

Court. It might have been that much open, when you went past before? - No my Lord, the parish watchman is very particular, so am I; as soon as day light appears in the morning, we are very cautious to examine every window, and area, and door.

You did not try it, whether it was fast or not? - No, I did not, it was visibly shut, all the windows were seemingly secure on the outside, observing the door open, I stood about a minute on the flag stones opposite the door, expecting to see some of the servants come to the door, supposing some of them were up, I likewise looked down the area, to see if the kitchen window were opened, finding nobody come out, I drew close to the door, and laid my ear as close as possible to the vacancy between the door and the door case, and saw the chain hanging down, I stood in that position a minute and half, I heard not the least noise, every thing was quiet, this was Sunday morning, I then took hold of the rapper and gave a single rap for fear of alarming the house, as soon as I gave the rap, I heard a voice inside, which I underderstood afterwards to be the prisoner at the bar.

Court. Immediately on your giving the rap? - Yes, my Lord, immediately, the voice cried out, who is there, and before I had time to answer, the voice said for God's sake come in, he said he was robbed, tied and ruined.

Court. Did he cry out immediately? - Yes, immediately, I then made answer, and told him to have a little patience, I would come in as soon as possible, I meant to have witnesses with me to go in, and see what situation things were in, when I found from the voice withinside, that the house had been robbed, it being Sunday morning, and the watchmen gone off, and nobody was passing and repassing, but the lamplighter who was trimming his lamps, he was the only person I saw at the time, he was a small distance, and I called to him for God's sake to run towards the watch-house, for the Serjeant of the night or any of the watchmen, and bring them to my assistance, and during the time he was gone, one of the parish watchmen was coming along at a little distance, I called to him, and he came, and before the time he reached me, the lamplighter and another watchman came likewise, then there was a decent looking man at the door, as I took particular notice of, there was several people at the door, I wear side arms of a night, and I gave this decent looking man my stick and to take care that he let nobody out, one of the watchmen was left likewise within; when I went in, the first thing I saw, was the lock of the door, three screws, and a chissel, laying on a foot mat inside the door. (The lock, screws, and chissel, handed to the Court and Jury.) I then desired that no person would touch the lock till the housekeeper and my Lady came down, I first looked at the parlour door, which is on the left hand going in, I found it shut. I did not try whether it was locked or not, I was satisfied by the appearance of the front parlour, that it was not broke into, I then proceeded along the passage it was rather dark, I expected the voice came from below stairs, I went down three of the kitchen stairs to the best of my remembrance, and called out where are you? I heard a voice behind me say, here, I then returned into the passage, and came to the back parlour door where I understood the voice came from, I found the door open, I found both the windows of that room shut, as soon as I went into the room, I opened one of the window shutters to give light to see what situation the man was in, as soon as the windows were open, I immediately tried the sash, the under part was fall down, I did not examine by what fastening, there were two other windows in the house, I told them not to touch that till they come down; I then looked to the bed where I saw Thomas White < no role > This name instance is in set 1387. This set is in the group(s): GarrowsClients . laying, he was laying atop of the bed, and likewise laying atop of the clothes seemingly, or part of the clothes might be thrown off for what I know, he was laying with his two hands tied behind him, he was rather turned upon one shoulder, and likewise his legs were tied close by the ancles, I cannot positively say whether his legs were across or not; after the window was open and we got light, the lamplighter put his scissars, and with my assistance and the other watchman, cut the cords of his wrists first, (here are the cords) and likewise of his legs; as soon as he was untied, he stood on his feet, the marks of the cords were round both his legs and ancles, I cannot say whether the skin was cut or not; as soon as he stood up, and I saw him off the bed, I desired the watchmen to make as little noise as possible and go and acquaint the housekeeper; when she came, we examined the house, and there was no place were any body had broke in, nor no mark of violence; I was satisfied: I examined the outside fastenings of the house, that was all I was afraid of; I went to the window, and opened that one window which you have heard was open.

Court. You opened that? - Yes, I am sure of that, quite sure; then I went round, all the kitchen windows were fast at the back and front, likewise the outside door.

Did you examine the street door, was there any marks of violence upon that? - Not the least; there is an iron plate on the outside of the key-hole, put on with six screws, there even is no mark of violence on that plate: I then went over all the house with Mrs. Kerton, I found every door and window fast, and the trap door at the top of the house was fast.

Court. Was it fastened withinside? - I cannot say that it was fastened, but there is a pole stands, which is set up against this trap door, so that if it is lifted up, that pole must fall down and alarm the house; I knew the fastenings of that house and that door particularly, because I have been round the house before; I did not examine the fastenings of his room door particularly.

Mr. Garrow. You found his room door open? - Yes.

In what state was it? - I remember in particular, afterwards I saw the key on the outside.

You did not observe that on your first going into the room? - No.

His hands were tied behind him? - Yes.

Pretty severely tied by your account? - Yes, seemingly so, there was the marks of the cords on his ancles, if they had been cut there must have been some appearance of blood; he was lying upon the bed, with his hands tied behind him, rather under him; he complained very much as soon as I went in of losing his watch, knee buckles, and money.

Some information of this robbery had been given at Bow-street? - Yes.

Has any of the plate been found? - Not that I know of.

Was the information given immediately? Yes.

By what time that morning? - I cannot say.

After the family came down, I suppose some suspicion fell upon the prisoner? - Yes.

Was the prisoner's box searched and his clothes? - Not in my presence.

Do you know whether they were, and by whom? - After we reached the watch-house, he told me he had two guineas and a half wrapped up in a bit of paper, that was in his trunk, and they had not taken it out; after going to the watch-house he wanted something to drink, he pulled out this money and sent for a little beer, he changed half a guinea; after the man brought in the beer he gave his money in care of the keeper of the watch-house's wife; so I left him.

You did not at any time see his box searched? - No, my Lord.

Were his knee buckles in his knees? - No, my Lord, they were not, he complain- very much of losing his watch and knee buckles, and likewise the money he had in his pocket.

Court. Is the lamplighter here? - We could not find him, we tried to find him but could not.

FRANCIS WITTE < no role > sworn.

I am a smith; I examined the street door and his chamber door.

What observation did you make on the street door first? - I looked at the lock that lay on the mat, the bolt was double shot, there were two screws on the edge of the door which shuts in the architrave, this plate screws on to the edge of the door, therefore they could not get the lock off till they had twisted and broke this; I examined the prisoner's door, that was a mortise lock, and, when bolted, it could not be opened without great violence, this plate was remaining on the door when I went there; I took this off myself, and by twisting it backward and forward they had broke it, and it appears to me to have been cracked before.

(The lock produced.)

Jury. Could that be done on the outside? - No, them two screws are screwed into the edge of the door, they had broke the inner part off, which was left on the door; the staple was on the door.

If it had been forced from the outside the staple must have been forced off? - Yes, and the screws, if they had given way that would have been by the edge falling off, and not by drawing; the bolt could not be picked in the usual sense of picking a lock, no instrument introduced into the wards of the lock could draw back the bolt, that must have been drawn by violence, but not out of the lock; you might draw the two screws of the staple by violence, but not of the lock.

From the appearance of the lock, you are perfectly satisfied that it could not be done from without? - It could not.

Mr. Sylvester. Did you observe the door of his room? - I did; that door was likewise double locked, for I could not unlock it till Mrs. Kerton came down.

Did you observe the bolt and the chain? - Yes.

Were either of them forced? - No, the chain goes quite to the back of the door; the door is perfectly safe on the outside, there is not even the mark of a screw-driver or chissel; the door of his room has a mortice lock on it, the key was on the outside of it, there is a sliding bolt withinside; I shut the door, and tried to see if the bolt would bolt, which it did; when it is fast it is impossible to open it, without violent forcing; I think not by a picker or any thing of that kind, for a sliding bolt is of greater security than locking it; that door shuts into a rabbit, there is a little distance, which with a chissel you must cut away.

Were there any marks of violence? - Not the least in the world.

Mr. Garrow. I am afraid I am a very bad locksmith, but it seems to me as I could pick this lock of your's, the bolt is at the bottom of the lock? - Not quite.

Do you think it impossible to introduce through the key hole a crooked instrument that might work on that bolt? - I do, I wish you would inform me how I could do that, for it would save me a great deal of trouble.

Court. In the construction of this mortise lock, is the bolt in the inner work of the lock? - Yes, I think it impossible to pick it, the handle of the sliding bolt turns like a upon an axis, you cannot pull the sliding bolt back.

Mr. Garrow. The key-hole is through the door? - Intirely so.

I do not believe any more than you, that you can introduce a picker and pull in the lock nor the sliding bolt, that is not my object; but I ask you whether it is not possible to introduce through the lock a crooked instrument, which, by being turned round, should lay hold of the bolt and draw it back? - I never heard of such a thing; if it could be placed so, the handle drops down, they must raise that handle first before they could turn it.

I think you and me between us could make such an instrument? - I do not know but I might.

A great many very ingenious instruments are contrived for the purpose of housebreaking? - I have not a doubt about it, I have seen such that I have not thought of.

Court. Might it not be possible to put through the key hole, an instrument which should catch the handle, and draw it back? - The handle after it was bolted or unbolted drops down.

Yes, but it keeps in the position you leave it? - Yes.

Mr. Garrow. If the Court will have the goodness to wait till such a lock is produced, I undertake to do it.

Court. Perhaps it may be too nice a supposition, but that it is possible is perfectly clear.

Mr. Sylvester. Was the key in the door or not? - Yes.

Mr. Garrow. Aye, on the outside, and therefore I say it was taken out, for the purpose of introducing this instrument, and putting it in again.

Court. I will send for a mortise lock.

Mr. Garrow. And for a plain piece of wire, which I undertake in Court to make the instrument of.

Court. The locksmith, the witness, seems to be a very fair man, let him go and fetch such a lock.

(The witness went to fetch a lock.)

Mr. Garrow. This is a lecture upon house-breaking!

CHARLES LEET < no role > sworn.

I am one of my lady's chairmen; I do not lay in the house; I have seen the prisoner twice since he was committed.

Mr. Silvester. What observation did you make on his clothes? - I saw him in New Prison, and I saw him at the Rotation-Office.

How long after he was committed? - This was on the Friday after he was taken up, there was something of a flambeau, or wax candle about his clothes; I went to fetch those clothes, which were my lady's.

Mr. Garrow. He had been out with you with the chair with his flambeau? - Yes.

Court. Could you discern whether it was the wax of the candle or the flambeau; - No.

What sort of flambeaux do you use? - Wax flambeaux.

Did any of the officers, when this man was taken up on suspicion, search his trunk or box, for that should have been done in a case like this, where it is extremely important to investigate the truth, for the public are interested in a case like this.

Mr. Garrow. They should have done that and traced him to his former lodgings.

Mr. Sylvester to Mrs. Kerton. Were the boxes examined? - I believe they were, but I was not present; the man's name was Dixon.

Was any thing found there? - No.

Did you enquire where he had lived before? - I never made that enquiry.

Did any body else in your presence? - I do not recollect.

Court to Prisoner. Do you wish to say any thing in your defence? - I leave myself to the mercy of your Lordship and the honourable Jury.

Mr. Garrow. I have some very respectaable witnesses, my Lord.

Prisoner. Here is Major Paulet < no role > who will give me a character.

Court. Do you wish yourself to give any account how these people got into your room? - I cannot tell.

Were you asleep or awake? - I was asleep.

Where did you live last before you lived at Lady Forester's? - I lived three weeks with Lord Galloway, he hired me as lady's footman, and I did not like the situation; before that I lived with Major Paulet < no role > .

WILLIAM BAGOT < no role > , Esq; sworn.

I think I have known the prisoner about fourteen years; I was present when he was hired by a sister of mine, who is a married lady in Dublin; I think he lived in that family three years, I generally spend about eight months in the year there; before he quitted that situation he was ordered, on account of his steadiness and integrity, to attend on the nearest relation I had in the world, in a very aweful scene, she went into the country, and was in the last stage of her illness; the whole family had the highest opinion of him from that time; I have no perfect knowledge with whom he lived, but I understood, and have good reason to know, that he has lived with some respectable families, in all of which he has maintained a good character; I met him in London, and he told me he came to town to get a place; I told him I would recommend him, and I would have recommended him to the nearest friend I had in the world, but I went abroad. Major Paulet < no role > sent for me particularly, I have seen him attending here to give him a good character.

Mr. Sylvester. May I take the liberty Sir, to ask you who you are? - A private independent gentleman, I possess an hereditary estate from my father.

I should not have asked you that question, only you called yourself captain in Bow-street? - I am no trade or profession, and they called me captain, because every gentleman of property holds some rank in the volunteer army, I only came there by curiosity.

The Justice asked you who you was, and what you was? - Sir, that is an absolute falshood, nobody asked me any such question, I came there but as a spectator, and this young man sent one of his companions to desire I would appear at the Publick Office.

Then you did not come as a spectator, upon your oath was you not called upon? - Upon my oath I was not called upon, nor asked the question, nor did I refuse to answer that question, nor am I of that rank in life to refuse answering any questions.

Where do you live now? - I lodge now in King-street, Soho, No. 17; there are estates of very large amount that are vestd in me during a life, they are estates of about two thousand a year, they have been vested in me for several years, I am only here occasionally; I came over upon the business of this trust.

Who keeps the house at No. 17 in King-street, Soho? - His name is Long, he is a woman's millener; I do not know what you call it, he makes women's clothes, I have seen him working at women's clothes.

THOMAS HANNAM < no role > sworn.

I live at the George in Jermyn-street, the prisoner lodged at my house when he was out of place, I have known him better than a twelve month, he behaved very civil, and orderly and quiet; the first time he lodged with me five weeks; he has lodged with me three different times.

JOSEPH TAYLOR < no role > sworn.

I am a gentleman's servant out of place, I lived last with Lord Galloway, the prisoner lived there the time I was there, I knew him when he was with Major Paulet < no role > , he bore a very sober steady character.

What was his character as to honesty? - Very much to be spoken in his favour, I have known him much about three quarters of a year, down to this time.

Mr. Sylvester. Is Lord Galloway in town? - I believe he is.

(A new mortise lock produced, and a piece of of wire.)

Court. There is no doubt about the probability of this.

Jury. We see there is not.

JOHN GADO < no role > sworn.

I am a servant, I have known him about twelve months, I never heard any thing to his prejudice.

Mr. Sylvester. How long did he live with Lord Galloway? - I cannot say.

Court to Mrs. Kerton. Who had your Lady this man's character from? - From Major Paulet < no role > .

I take it for granted, she would not have taken him without a good character.

Mr. Sylvester. Was it a written character? - A written character.

Do you know of his living with Lord Galloway? - He did not mention that circumstance when he was hired.

Court. All families should take care, not to take servants with written characters.

Court. Gentlemen of the Jury, this indictment is capital from the value, whether the person that took the things, committed a burglary or not, provided you are satisfied the goods are stolen, and that they are of the value, or any thing like the value laid in the indictment; for they must be stolen, whoever stole them, in the dwelling-house. In point of law, a servant opening the door of the house which is properly fastened and secured before, to admit persons coming to commit a felony in the master's house, makes it as much a burglary in all the persons concerned, in the servant, and in those let in, as if there was an actual forcible breaking for the unlawful opening of any lock or fastening, for that certainly is breaking to all intents and purposes in point of law; so the opening a lock by a pick-lock or false key is sufficient opening to make a burglary, so is the opening, even though it was with the key of the door, it is equally unlawful as opening it with a false key, and will make a burglary; that being the law, this case has taken up much of your time, but not more of your time than the case requires, for it is a case as important as can easily come before a Court of Justice; the charge is not only of a very atrocious nature, but of a kind extremely dangerous, affecting the safety of every body, and the security of all families; no offence can be more alarming to the peace and safety of society, than that of servants admitting housebreakers and thieves to their masters and mistresses in the hours of rest, nothing more dangerous, nothing more alarming in the idea; therefore whoever is proved to be guilty of that offence, should be brought to the punishment they deserve; but on the other side, it is equally important to justice and humanity, that innocent men should not be fixed with a crime so atrocious in its nature, and so penal in its consequences; in proportion therefore to the malignity of the offence, and the certainty of the punishment that will follow the conviction of it, ought to be the clearness of the evidence by which it is supported, for it would be a dreadful thing on the mind of any humane man, to run any risque of placing an innocent man in that situation, that your verdict must do on conviction; this is the case, it therefore requires that diligent and conscientious attention, which I perceive with pleasure you have all given to it, it is a case depending intirely upon circumstances; circumstances put together may amount to proofs as satisfactory as the positive testimony of the witnesses can do; it is for your consideration in this case, whether the circumstances which have been laid before you, with a great deal of accuracy, do make that impression on your minds, as amount to that full conviction which you ought to have, in order to find the prisoner guilty; that circumstances have been proved which throw a strong conviction on this man, cannot be denied by any body that has heard the evidence, whether that amounts to full conviction so as to assure your minds, must be for your determination. The regularity of this family has furnished us with precise evidence in this case, which evidence I will state to you, and then make one or two observations that occur to me, leaving the decision to yourselves. (Here the learned Judge summed up the evidence, and then added) I think, in favour of the prisoner, we should suppose the character which this lady had with the prisoner was genuine, as the man from whom it was written has been here in the course of the sessions, to give him a character: the interval between the watchmen passing the door from one time to another, is scarcely long enough for screwing off the lock, and forcing it in the manner the smith describes, therefore the probability certainly is, that though he did not perceive it, the door was open before, and it might be shut too, even close, without fastening, and there being then no lock or fastening upon it, the wind might have blown it open, even those three inches. With respect to Mr. Bagot, he gives an account of himself, as a gentleman of independent fortune, he stands unimpeached, and they have not attempted to set up any evidence against him. This case, as I mentioned at the outset, depends entirely on circumstances; the strong circumstance, beyond all others, against the prisoner, is the improbability, proved by a vast chain of evidence, given with wonderful accuracy; the improbability amounting almost to impossibility of any body having got into this house in the state in which it was found; the robbery, which is established beyond a doubt, must have been committed by some persons who broke in, or got in from without, or were let in by some person from within; there is no mark of violence whatever on any of the outer fastenings: there is very strong evidence from several witnesses, in a very regular family, that there was no neglect, by means of which any body could come in without violence, and every place was fastened the night before: there is strong evidence also, that this house could not have been opened in the manner in which it was found in the morning, without violence, from the state in which it was, because you are excluded from the idea of supposing that the locks were picked, by its being proved that the door was not only double locked, but the chain and bolt were fast the night before, and the lock is intirely taken off from the door, and in a manner that is perfectly clear to demonstration, it must have been taken off by somebody within the house, and not without, therefore it seems to be proved as strongly as a thing of that sort can be proved, that nobody could get into this house from without, from the state in which it was found; this is the strong evidence against the prisoner, and the only avenues that are left to the suggestions of conjecture, are the chimnies; and there is not the least probability of any body having got in that way: and with respect to the prisoner's room, it is proved almost to demonstration, that they could not get in there, not only the chimney board was up, but the two chairs were in the same place, and it is improbable that housebreakers, getting in by the chimney, should put every thing into order again, and put the two chairs and the chimney board up: there is another conjecture still left, for in this case I am clearly of opinion, that if you can find a reasonable conjecture, that this house was broke into without the concurrence of the prisoner, you should acquit him; and this conjecture is, that somebody might be concealed in the house, man or boy, and lay still till the family were in bed, and then by screwing off the lock, let in the robbers; that conjecture is met by a wonderful chain of evidence, for the witnesses had examined the house very strictly; but there is a bare possibility that in some part or other of this house, from top to bottom, some person might be concealed; you are therefore to judge, whether you think that bare possibility goes far enough, comparing it with all the evidence that has been given, to warrant reasonable men from making that supposition; but that supposition does not meet the whole case, because, if a person had concealed themselves in the house, though that will account for the taking off the lock of the street door and every circumstance of that kind, it still does not account for his room door being fast; now, if you think Mrs. Kerton was not mistaken, that part of the case becomes extremely material; and then the persons supposed to be concealed in the house must get into his room, and if the room door was bolted they could not get in; but the bolt might by possibility be opened, and you are to judge how far that possibility weighs your mind.

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 III.

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 Thomas White < no role > This name instance is in set 1387. This set is in the group(s): GarrowsClients . .

If you should first presume, that they were concealed in the house after that strict search was made, and afte rwards that they had hit upon this very ingenious device of pushing back the bolt, and carried it into execution; then there is another circumstance, but which is of infinitely less weight in my opinion, but still it is a circumstance, and that is, the screw found in the lanthorn, which the prisoner used to light him to bed; now if you go so far as to make the other two suppositions, you will certainly not hesitate to go a little further in supposing the robbers to make use of the prisoner's lanthorn, for that is not near so strained a supposition as the other, and if they made use of his lanthorn to give them light, when they opened the street-door, the screw might get into the lanthorn, as likely that way as any other; and it would be more likely that a stranger should leave the screw in the lanthorn, who would not care what inference should be drawn from it, than that the prisoner should leave that evidence against himself. If you are satisfied in this case, that there could be no persons concealed in the house, or that nobody could get into the prisoner's room without his letting them in; still I think the probability is, that the prisoner is not the man that unscrewed the lock of the hall door, but that it was unscrewed to let some other persons out who had got in, and that makes an end of the materiality of the screw being found in his lanthorn, altogether; with respect to the circumstance of the wax candles, the person who came in might make use of that light for the purpose of examining the house, they might find that as necessary as the prisoner; they would not however, so well know where to find it, and they must have other light at first to search for it; but the length of time it was burning is material, for it is turned down in the candlestick, it was not left burning by the people that went out, and it had been burning I should think two hours, by the length of the piece, and the prisoner had no occasion, if he went to bed immediately to burn that candle, because the candle in his lanthorn was not burnt out; the length of time is material, because if these people were so long as two hours in the house or more, it is very extraordinary that the prisoner should not be able to find any means of alarm, though it is possible that he might be intimidated by threats; the chissel is not a common chissel, it is clearly a house-breakers chissel, a chissel that certainly did not belong to the prisoner, but to people whoever they were, who either got into the house, or were let in by him: the declarations of the prisoner as far as they go would be very material, but we do not find that at any time, he has given any distinct and satisfactory account of the manner in which the people got in, he says he was asleep and cannot tell how they got in, but what they did after they got into his room, how they lighted the candles, how long they continued, that he has given no distinct account of; he declared he had lost these things himself, and there is no evidence he had not lost them; he complained very much of being hurt, but there is no evidence of his being hurt, or in what degree; these are all the circumstances that I have thought it my duty to point out to you, which appear to press against the prisoner; on the other hand there are some slight circumstances that seem favourable, first his crying out instantly and immediately upon the person rapping at the door, like a person in distress, glad of receiving relief; he instantly crys out who is there, for God's sake come in! and then makes complaints; he was convinced the thieves would not knock at the door, and he instantly called out to the person that did: that standing by itself, is certainly a circumstance rather pointing at innocence than guilt: and another circumstance in his favour is, that he appears to be very strongly and effectually tied, and tied tight with cords, and long enough to have left marks of his being pretty severely tied, on his legs and ancles; however any person that would venture to commit this offence, would not much object to the hardship of being tied in order to avoid the punishment; you will take all these circumstances into your consideration: that there is a strong suspicion against the prisoner from those circumstances, nobody as I said before, can doubt; but God forbid that upon mere suspicion, a man should be convicted of a crime which must effect his life if he is convicted; and it is therefore for you who have attended this trial, to determine whether there is a reasonable supposition without putting a violence on common sense, which will be consistent with the innocence of the prisoner: Juries are not to carry their lenity so far as to run quite wild into conjecture, to suppose things altogether shocking to common sense, and probability; but wherever they can find such a supposition as a reasonable man can, consistent with common sense and probability; it is therefore for you to determine whether there appears to you sufficient grounds, to think it possible that some person might be concealed in the house, and if concealed in the house, might by some ingenious device or other, get into the prisoner's room and force it open, if you believe it to be bolted on the inside; another thing is, whether you are sufficiently sure of the door being bolted, for there is a possibility that the door might hitch or catch, and if she gave it but a very slight push, she might very easily be discouraged from trying it further; if you suppose the prisoner's door to be unbolted, the case is not half so strong against him, as if you suppose it to be bolted: but it is for you to judge, to attend to the circumstances that will appear to you to have weight on the one side or the other, and you will find such a verdict as your conscience will direct, and I do not doubt but it will be satisfactory.

GUILTY Death .

When Sentence of Death was passed on this prisoner, and on the other capital convicts, Mr. Recorder particularly alluding to his offence, addressed him and them, in the following words.

Prisoners at the bar, you have all of you been convicted, after a full investigation of the circumstances of your respective cases, and an impartial hearing of every thing that could be urged in your defence, of crimes which the laws of your country have thought necessary to punish with death. The safety of society requires that the guilty should suffer for the protection and preservation of the innocent, and that those who have proved that they can be restrained by no laws human or divine, from making the most dangerous attacks on the persons and properties of their fellow subjects, should be removed from that society, to the peace and security of which they have become so hostile. The offence of one amongst you, Thomas White < no role > This name instance is in set 1387. This set is in the group(s): GarrowsClients . is of a nature which requires particularly to be mentioned, you have been convicted of associating with others, to plunder the house of your mistress, in which you had been lately admitted as a servant, and in which you were under trust and confidence, in the hour of night when the family were gone to rest, and when the loss of their lives as well as their properties, might have been the consequence of your admitting ruffians of that description into the house: this is an offence so dangerous in its nature, so alarming to every individual, so perfectly destructive of the peace and safety of families, it is an offence of such a nature, that it raises apprehensions that will prevent any man from going quietly to rest, if he cannot have confidence in those of his own family; and, therefore, I am afraid it will necessarily call for a severe example in your instance: I do not mean, by any thing I say at this time, to preclude the mercy of your Sovereign, but thus much it is my duty to say, that your offence is of a very aggravated nature, and I am perfectly satisfied, there must be some new and extraordinary circumstance, other than has already appeared in your favour, to induce your gracious Sovereign, who has a regard for all his subjects, as well as for extending mercy to the guilty, to extend that mercy to you; you should therefore prepare particularly for that fate which you must expect, and I hope that in the reflections of your own mind, your guilt will appear to you in such a light, to make such impressions and produce such a change of disposition, which may entitle you to that mercy hereafter which you cannot probably expect here. The same impressions I wish to be made on the minds of the rest of you, several of whom must shortly expect the same fate; and which impressions of guilt and remorse for your crimes, whether you are to be removed from society, or to be permitted longer to exist in it, will be equally beneficial to yourselves: in that hope it only remains for me to pronounce on you the dreadful sentence of the law, as the inevitable consequence of your conviction; which is, that you, and each of you, be taken from hence to the place from whence you came, and from thence to the place of execution, there to be hanged by the necks until you are dead, and the Lord have mercy on your souls!