20. WILLIAM COX proceedingsdefend was indicted for feloniously stealing on the 30th of November last, one wooden trunk covered with hair, value 5 s. eight pair of cotton stockings, value 20 s. seven pair of silk stockings, value 28 s. eight muslin aprons, value 20 s. four women's linen riding shirts, value 20 s. fourteen linen handkerchiefs, value 14 s. nine shifts, value 20 s. one white linen petticoat, value 5 s. one woman's linen cloak, value 10 s. one gown and petticoat, value 40 s. one riding habit, value 40 s. six pair of ruffles, value 20 s. a pair of callico sheets, value 20 s. the property of Thomas Larkin proceedingsvictim , Esquire .

The witnesses examined apart by desire of Mr. Garrow.

THOMAS LARKINS < no role > sworn.

I lost a trunk from behind my carriage on the 30th of November last, I was coming out of Hampshire; I missed it about half way up Ludgate-hill , I believe it was about twenty minutes, or half an hour after six; I do not immediately know every thing that was in the trunk, but I opened the trunk, and took an account of the things at the constable's house, I sealed it up again, I found the trunk about five minutes after it was lost; I found it in a shop on Ludgate-hill, and the prisoner in custody.

Mr. Garrow. It was, on the 30th of November, as dark as it is now? - Yes.

The lamps all alight? - Yes.

How much of the town had you come? - From Hyde-park-corner.

Had you observed yourself the trunk before? - No, I had not

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 8th of DECEMBER, 1784, and the following Days;

Being the FIRST SESSION in the Mayoralty of The Right Hon. RICHARD CLARK < no role > , 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 I. PART V.

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.

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 William Cox < no role > .

- WEST sworn.

I am a coachman, I was on foot when I saw this, coming by the Bell Savage Inn on Ludgate-hill, between six and seven, I cannot say to a minute, I saw five or six men behind the carriage, I thought the man had a restive horse that they were pushing behind, and in half a minute I saw the man take the trunk from the carriage, three or four were helping it on the shoulders of one, I called out to the coachman, but he did not hear me; I stept about two or three steps to them and made an alarm; I called out, you have taken the trunk from the gentleman's carriage and you shall not have it, and they dropped it on the edge of the stones, and after they had dropped the trunk, they shuffled round one another, and I called, stop thief! and the witness Warren ran up and caught the prisoner, and brought him back.

Could you distinguish any of these four or five men that were round the carriage? - That was one of the men that was with them, the man that had the trunk in his arms was a taller man, he was not the man on whom they were putting it.

Mr. Garrow. It was a dark night? - No, it was not very dark.

Did you see his face? - Yes, I saw them all, they were round me when I spoke, the prisoner was brought back in a minute to the shop door where we threw the trunk in, and I said that was one of the men, he was dressed as he is now, only he had a silk handkerchief tied round his neck.

Were people going by at the time, or was the street quiet? - There were plenty of people walking on both sides of the way, I suppose there were thirty or forty people round the carriage, when I called stop thief, in an instant.

How long did you see them round the carriage? - Not half a minute.

You had not observed the young man at the bar till the people ran after, and you cried out stop thief? - Yes, I had, the people were all round.

Several of them ran, after the people ran away? - I do not know.

Do not you know the direct contrary, that a great number of the bye-standers ran after those they supposed thieves? - I stood by the trunk.

Answer my question upon you oath; do not you know, that great numbers of the bye-standers, as well as Mr. Warren, ran after those they supposed to be thieves? - I cannot say whether they did or not, I know that the men that were taking the trunk all run.

Court. Was it Mr. Warren run after these people, or did other people run? - Mr. Warren, as far as I know.

Mr. Garrow. That will not do, I will not be so answered; do you mean to swear that nobody but Warren run after these men? - There might be.

Do you not know that there were? - I do not know, there might be other people run probably.

Court. Then why did not you say that?

Mr. Garrow. Have you always been in this story, Mr. West? - Yes, Sir, I speak the truth.

Yes, yes, I know you do, that is for the Jury to judge of though a little; you have always told the same story when you have been talking about this robbery? - I saw that he was one of the men that was there, and run away.

Have you always said that, Mr. West? - I do not know what you mean, I never was on such an affair.

Yes, you have. - No, never.

Have you always given the same account? - I do not know but I have, to the best of my knowledge.

Then I will help you a little; you have always swore positively to the prisoner, do you remember being examined before my Lord Mayor? - Yes.

Do you remember my Lord Mayor asking you, if somebody had not bribed you for the prisoner? - Yes, because I was loth to swear.

Then you did not swear to him? - I swore that he was in company.

Mind what you are about, Sir, as I know the Short-hand Writer will take down very accurately what you say, for I promise you shall hear of it again. - He was one of the people.

I ask you this, did you, before the Lord Mayor, swear he was one of the persons? - He was one of the people round the carriage.

Did you swear so before the Lord Mayor? - Yes.

You did? - I believe I did.

Will you swear positively that the prisoner is one of the persons? - One of the persons.

Court. Did you swear that before the Lord Mayor? - I could not swear that he was the man that took the trunk from the carriage, I swore that he was one of the men that was round there, and that he ran away, and that Mr. Warren took him back.

Did you swear that? - Yes.

Mr. Garrow. Do you mean to swear, Sir, now, that was the account you gave before the Lord Mayor? - As near as I can tell.

Let us have something positive, some one thing that we can lay hold of that is not true; did you before the Lord Mayor say, he was one of the men? - I could not swear positive he was one of the men.

Did you swear that? - I did.

You mean now to swear positively, that you told the Lord Mayor he was one of the five or six? - Yes.

What was it induced the Lord Mayor to ask you, if you was not bribed by the prisoner, was not it because you would not swear positively to him, and because you equivocated so much? - My Lord told me I was upon a right cause, and told me to speak the truth; I told him I would.

Then you did not first swear positively to the young man at the bar? - I swore he was one of the five or six, I would not swear at once.

How soon after the trunk was stolen was you at the Lord Mayor's? - The next morning.

Then you could not swear positively that he was one of the five or six? - I could swear that he was one of the five or six that ran away; my Lord Mayor asked me if I had been bribed or threatened, I told him I had not, I said I could not swear he was the man that took the trunk, but that he was in company.

Have not you told th e Lord Mayor, that you could not swear positively that he was there? - I knew he was there, and saw him run.

I must have an answer? - It is clear he was there, by the mens bringing him back; I meant I could not say he was the man that took the trunk.

Did you, or did you not, say to the Lord Mayor, he was one of the five or six persons? - That was what my Lord Mayor made me swear.

My Lord Mayor cautioned you to speak the truth? - Yes.

Had not you hesitated a little about this young man being one of the party? - I could not swear he was the young man that took the trunk.

THOMAS WARREN < no role > sworn.

On the last day of November, I was going down Ludgate-hill in the evening (I live in Stationers-alley ) I saw two or three men following a post-chaise, I rather made a bit of a stop to look, and went on a little further, and I saw the same men brush by me, and one of them said, damn my eyes it will do; and I saw them run into the highway, after the post-chaise, I immediately crossed the way, and run up Ludgate-hill after them; and just before I got to them, I saw the person that was examined just now, had hold of the handle of the trunk, and they were all round the trunk, five or six men; and he said, they should not have it; they had taken it from the post-chaise that went up the hill, and he said your are all thieves, and he cried stop thief! and they all run away; and I ran after the prisoner and took him.

Court. When all these people were about West, was the prisoner one of those? - He was one that was amongst them, and as soon as he cried stop thief he ran off, and I ran after him and took him; I am confident he was one of the five or six.

Did you see him quit West and run off? Yes, I did, and he run up against the side of a house, and went to creep under a woman's elbow that I might miss him, but I took him.

Did you never lose sight of him, till you took him? - I did not.

How far might he run before you seized him? - Three, four, or five doors at the most.

Was there a croud of people, or was he single? - Just as he hallooed out you are all thieves, I got as near to them as I am to this table, then I run after him and took him.

Mr. Garrow. I take it for granted, you do not mean to say, that all the persons that were round West, were concerned in the intention of robbing the chaise? - They might be drawn by curiosity, but I think their intention was to hoist off the box; I saw two or three of them behind the chaise, I really think they wore all of them concerned; there were a good number of persons round.

It was very dark? - No, Sir, there were very great lights from two shops in particular, I saw no other person running after him; some run across the way, some up the hill, and he turned round and run down the hill.

(The box produced and the things deposed to.)

PRISONER's DEFENCE.

I was coming from Fleet-market, and was going to Friday-street to an acquainance, I saw a great croud of people round this trunk, and I stopped, and this gentleman came and laid hold of me, and took me into a shop; I told him I would go with him any where, I have no witnesses, because I did not know of being tried to day, they told me in Newgate I should not be tried.

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. Baron HOTHAM < no role > .