196. FRANCES CRABB proceedingsdefend was indicted for that she, on the 4th of November last, with force and arms, knowingly, unlawfully, wickedly, and maliciously did send a certain incendiary letter in writing, directed to one Thomas Vaughan proceedingsvictim , of Peter-street; threatening to set his house on fire, against the statute .

A Second and Third Count laying it in a different manner, against the statute.

THOMAS VAUGHAN < no role > sworn.

The 14th of November last, a letter was sent to me, between six and seven in the evening, delivered to a little boy about eight or nine years of age, just before my door.

Did the boy belong to you? - No.

You did not see it delivered? - No.

Who did the little boy deliver the letter to? - To my servant, I was in the kitchen, she delivered it to my daughter, I cannot say I saw her deliver the letter, but I saw my daughter break open the letter; as soo as she broke open the letter. and saw the top of it, she delivered the letter to me, I ordered the door to be shut immediately, till we had examined the boy, to know from whom he had it; I have the letter now, it was left at the Old Bailey, where I went to find the bill, with the person that drew < no role > the indictment.

Did the boy shew you any person from whom he had received that letter? - Yes.

Did you go with him any where? - No, the girl was taken up before the Justice, and he picked her out before the Justice, and said, that was the girl; on Sunday night the letter was delivered, and the Monday night the girl was taken up.

Was you present when she was taken up? - Yes, the constable would not go by himself.

Where was she found? - In her father's house.

Where does her father live? - In Cooper's Street, Westminster.

Was she carried before a Magistrate that night? - Yes.

What Magistrate? - Justice Haines.

Did you inform her what she was charg- with? - The constable informed her.

What did she say? - I cannot say, I was set upon by five or six of them, and like to have been torn to pieces, all my face was torn in a most abominable manner.

Was there an attempt made to rescue her? - Upon my coming in, the father and mother both fell upon me, and there were two or three women in the house besides; my nephew and the constable and I, went together, and we brought her away.

Was the letter produced in her presence before the Justice? - Certainly it was, and read before him by the clerk.

What did she say? - When she was before the Justice, she denied the writing of it, one of the lodgers came in, and was asked whether it was her hand writing, he said, he had seen her write cleverer; the Justice made her write twice over in the office, the boy picked her out before all the rest, and she still continued to deny it; the Justice's clerk told her not to own it, but deny it, I cannot tell her answer, she never acknowledged it.

You knew the prisoner before? - Yes, I have seen her before, she has been a great affliction to my family, by some particular connection with my son.

Had she ever at any time previous to this, expressed any resentment against you or your family in your hearing? - No, when I found their connections, I bound my son apprentice to Mr. Moulton, stationer, in Chancery-lane; in a fortnight after he was bound, this girl would not let him alone.

Mr. Peatt, Prisoner's Council. Is your name Thomas Vaughan < no role > ? - Yes.

Have you a brother of the name of James Vaughan < no role > ? - Yes.

Have you been under any suspicion of taking bacon or thread, or any thing of that sort; this brief is this moment put into my hand: was you committed for any such charge, for stealing thread or bacon? - No, Sir, never in my life, I am too well known to be guilty of any such action.

What time in the evening was this that the boy came to you? - Between six and seven, as nigh as I can guess.

Do you know any thing of the boy? - I never saw him before to my knowledge.

Did any conversation pass between you and the boy, previous to the going to this woman's house? - There was no occasion for any.

Did you suppose he came from the prisoner at the bar? - He said this young woman came over just to my door, and delivered it to him to deliver it to me, the boy did not know where the prisoner lived.

Nothing particular passed between you and the boy? - No further than asking his name and where he lived, the Justice gave the boy strict charge to be in the way when he was wanted, instead of which, he was sent out of the way, and sent down to Scotland: the boy's name is Theophilus Bourne < no role > .

Did you give him any money? - No.

Did you offer him any? - No.

Did she deny her hand writing before the Justice desired her to write? - Yes, she did.

Where is Theophilus Bourne < no role > ? - We have not been able to find him.

Court. Has the boy any father? - I believe not.

The Magistrate should have bound over the boy? - Yes, he should, but instead of that he was sent out of the way.

JAMES VAUGHAN < no role > sworn.

I am nephew to Thomas Vaughan < no role > , the last witness.

What do you know of this matter of your own knowledge? - I am almost sure it is her hand-writing.

Have you ever seen her write? - No, I cannot say I ever did, I have seen her hand writing.

That you cannot tell, unless you had seen her write.

SARAH BULLER < no role > sworn.

I am daughter to Mr. Vaughan.

What knowledge have you of this matter? - Sir, I have sworn that I really believe it to be her hand writing.

Have you ever seen her write? - No, from the expressions I believe it to be her's.

What have you heard her say respecting the letter? - The words mentioned in the letter, excepting setting the house on fire; all that infamous language, the latter end of last summer, going by my door, to me and our servant.

How came she to make use of this sort of language to you? - Upon the account, I imagine, of my brother, she lived with him; she threatened one night, but I cannot tell the day of the month, that she would go and get drunk and break the windows, and threatened to come and cut our maid's bloody melt out; I have heard her make use of very indecent expressions, in the very words of that letter.

You have read the letter? - I have, Sir.

Do you mean to say, you have heard her make use of the same expressions as those in the letter? - I have.

Or of expressions of a like tendency? - The same words partly, Sir, what are in the letter, them infamous words; I have never seen her write, but I have seen her writing in books and things.

Did you see her on the day this letter was brought? - No.

Court. I do not wish to ask her to repeat the words unnecessarily; do you know any thing of this boy that brought this letter that you are speaking of? - No, on the 14th of November he brought this letter, I never saw him before; the boy said before Justice Haines, she gave him a halfpenny to deliver the letter.

ANN MALLARD < no role > sworn.

Have you any knowledge of this business yourself? - I know the prisoner very well, and I really believe she is the person that sent the letter.

Do you know any thing yourself respecting the sending or writing? - A child knocked at my master's door with the letter, and I took it from a little boy, I did not see the prisoner then; I never saw her write, I never heard her say she would send a letter, she has threatened me; she has called me a bloody old mare.

Court. Any expressions made use of by the prisoner are admissible evidence, but whether they are relevant, will be a point afterwards to be considered. You have heard her make use of expressions similar to those that are in the letter? - Yes.

Did you ever hear any particular threat of revenge against Mr. Vaughan? - She has used him exceedingly ill, and called him equal and worse, I can safely say, than what was in that letter.

Court to Vaughan. Have you any knowledge what became of this boy, after he had been examined before the Magistrate? - The woman where he lodged, took him with her out of the place, afterwards I never saw him.

Have you ever heard the prisoner say any thing about him since? - I never spoke to the prisoner but once, and that was when she made her escape out of Bridewell, and I heard her say nothing; I did not mean to touch her life, but to chastise her for her insults.

Court to Jury. The jit of the offence, is the threat, and the letter being without a name, for the writing an indecent letter *, however gross the offence may be against public decency, is not the offence against this statute: now, this boy being out of the way, there does not appear to be sufficient evidence to call upon the prisoner for her defence; the only evidence is, that she has been heard to make use of expressions grossly indecent, similar to those contained in a part of this very abominable letter, but with an exception to that part which is the threat to burn the house; therefore, it would be too much to presume, from persons having heard the prisoner make use of the very indecent expressions that resemble those in the letter, that she either wrote or sent this letter: the person who brought the letter being out of the way, there is no sort of evidence who sent it, nor who wrote it; but if you think it necessary, I will call on her, and hear her defence.

* The letter itself was set forth in the indictment, and, of necessity, read in Court, but being totally improper for publication, is therefore not inserted in this Trial.

Jury. There is no occasion now, my Lord.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.