291. THOMAS, otherwise THEOPHILUS BELLIS proceedingsdefend was indicted for that he, contriving and intending to procure the escape of one John Daly < no role > , in prison for debt in Wood-street Compter , did bring and deliver, and cause to be delivered to the said John Daly < no role > , twenty pieces of twisted and knotted cord, and one iron crow, to the intent and purpose that he the said John might be able to make his escape from and out of the said prison, and that in pursuance of the said contrivance and intention, and by means of the said cord and crow, the said John Daly < no role > , on the 17th of July , did escape out of the said gaol, and that he did aid, abet, comfort, and assist him to make his escape out of the said prison .

THOMAS HILL < no role > sworn.

I am clerk in the Sheriff's office, I act for the secondaries, I have a capias.

Court. What is the date? - The 7th of June, 1782.

Produce the Sheriff's court paper? - It issued on Saturday the 8th of June.

Do you know Daly? - I have seen him.

Who was the Sheriff for Wood-street Compter? - Mr. Nicholson; I charged him with an escape warrant.

When was he taken? - I am not sure.

- KIRBY called.

Prisoner. I beg to object to Mr. Kirby's being examined, I wish to ask him a question first: is not this prosecution carried on at the expence of the city? - No, at my own expence.

Have you any interest in the event of the prosecution? - None in the world.

Is the effect of it to discharge you from any suit on account of this escape? - There is no suit depending.

Court. Then Mr. Kirby has no interest in this prosecution.

- KIRBY sworn.

I am keeper of Wood street Compter, I remember Daly being in my custody under the Sheriff's warrant and many more plaints; he was first brought to my custody on the 10th of June, 1782, as appears from an entry in my book, I have an extract of it; I remember the prisoner, he was in my custody at the same time Daly was, I think he was brought in on the 2d of July, I think the prisoner was in about four days, till the matter he was charged with was settled; the prisoner frequently visited Daly after his discharge, I gave strict charge that Daly should be taken great care of, I was suspicious of him, and the night before his escape, which I think was the 16th of July, one of my men locked him securely in his room, which was pretty nearly over where I lay up two pair of stairs, looking into Wood-street; the next morning he was gone. My man Butt can tell you that I had two more witnesses, King and Tanney, one was the turnkey, and the other a watchman, and they are both dead; I have the smith here, I thought that room the securest in the house; the prisoner went to Ostend.

Prisoner. Whether Mr. Daly was taken on an escape warrant at Liverpool? - He was retaken in May following.

Did none of your prisoners escape out of this room before? - Yes, and it was afterwards made secure, I thought it the most secure room I had in the prison.

SAMUEL LILLIE < no role > sworn.

I am smith to the city of London, I know this room in Wood-street Compter very well, it was secured on the 16th of July, 1782, or a day or two before, which was the day he got out, with strong dog nails three inches long, up and down, and bars to the windows.

Jury. Was the wood sound that the nails were driven into? - I cannot say that it was altogether so sound as I have seen some wood.

Did you at that time think it was secure? - I did.

WILLIAM BUTT < no role > sworn.

I am one of the turnkeys to Mr. Kirby, I know this room, the prisoner took out the middle bar that Mr. Lillie had put there the day before.

Court. The middle bar was taken out? - It appeared to be drawn out by a chissel or small crow, and laying in the room when I went into the room.

Jury. Then it was very insecure, what length was it? - The nails were between three and four inches, and the crow eightteen inches; the wood was very strong; it was a crow with a flat top. I was at Mr. Daly's room at eleven, he answered me, and about a quarter before one I was in the lodge, and I was alarmed by a watchman, that a cord was hanging down in the street; it was a cord tied by many knots, I thought it was not a cord strong enough to let such a man down, it was some cord tied together; we went and broke open the door, the cord was fastened to one of the under bars, I found Mr. Daly was gone, and this bar laying on the floor; it was clear the man got out of the window by moving the bar.

Prisoner. Was it possible to extract the nails with a crow, because it is charged in the indictment as a crow? - The edge of it was sharp like a knife; Mr. Bellis was in the room twenty times before the bar was put up, he used to come every day.

JOHN DALY < no role > sworn.

I was in Wood-street Compter.

Do you remember that young man coming to see you there? - Yes, different times, he was there a prisoner at the time I was there; he came to see me, but as for bringing me cord or a crow, he never did in his life; the cord was brought me by a man in St. Giles's, and the crow by a man that was there, that is gone to America, and he took the crow with him.

Mr. Silvester. I thought you was a scoundrel before I called you, now you have convinced us of it.

Prisoner. I meant by my cross-examination, to have brought out the same answer that he has given in Court.

Court. He would not have appeared in a very favourable light in coming against this prisoner.

Mr. Silvester. To be sure, as his friend served him, he has served his friend.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.