801. (M.) JOHN WILLIAM LEO proceedingsdefend was indicted for stealing a pair of silver candlesticks, value 12 l. a pair of silver snuffers, value 40 s. and a silver snuffer pan, value 30 s. the property of Constantine Touling proceedingsvictim , Sept. 28 . +

Constantine Touling < no role > . I am a goldsmith , in Duke's-court, St. Martin's-lane; the prisoner came to me on the 28th of September, and asked me if I knew one Captain Heley; I told him I did; then says he, I am right, Capt. Heley has recommended me to buy some plate; he asked to see some candlesticks; I shewed him several patterns; he pitched upon a pattern, and desired me to send them home, with a pair of snuffers and snuffer pan, according to his direction, at No. 7, in Buckingham-street, York Buildings . I weighed them and the candlesticks came to 12 l. 13 s. 10 d. the snuffers came to 2 l. and the snuffer pan to 2 l. 19 s. he went away and I put them in a green bag, and took them to his house; he told me his name was on the door; I saw Leo on a brass plate; I supposed he was the master of the house; I went into the house, and one Simon Ward < no role > was in the fore room; the prisoner was in a side parlour; I went in to him; he asked if I had the plate; I told him, yes; he looked at it, and asked me if I had made a little account of it; I delivered him the bill, he looked at it, folded it up, and laid it by him; he pulled out a red moroco pocket book, and offered me a draught from Colchester, drawn by Thomas Harrison < no role > of Colchester; I looked at it, and told him I did not like any draughts whatever; he said it was a good draught, he had received it but a little while ago from the country; I told him I did not approve of such a payment, that if he paid ready money, I had not above half a guinea profit; he asked me if I doubted his honour; that he was recommended to me by Capt. Heley, or he would not have dealt with me; that his goldsmith he had dealt with before, had disobliged him; I told him it did not signify, the note had six weeks to run, and I would not take it. I was in some doubt about it; he said go and enquire; I considered with myself, and recollecting an acquaintance who lived two doors off, I thought I would enquire concerning the house, and what sort of people they were; so I said I will leave the goods here upon the table, and I will return immediately; he said, no, you need not come back, I will call upon you; I said, no, no, I will leave the goods and be here immediately; I went, but my friend was out; I returned in five or six minutes and found the prisoner sitting as I left him; I told him I did not approve of his note, and would have nothing to do with it; I said, where is my plate I left here? he said I have sent it into the country; says I, you villain you have robbed me of my property, and I'll seize you and stick by you. I called in assistance from over the way; he said he understood the law very well, that I should take care I did not insult him in his house; I told him I did not care for his house, nor anybody, I would secure him: he and I walked together up and down from two till about half after six o'clock; if he went to the door I held his coat; I never left him; I sent a porter to my wife to tell her my situation, and she sent two men; he said there was a gentleman at the Angel Inn to convey the plate into the country; about six o'clock there came Robert Holloway < no role > to the door, and made a great noise, and said, do you detain a friend of mine! I would run you through the body if you served me so; he said he would serve me to-morrow with a King's Beach writ; well said I, but have you my plate, or will you pay for it? he said, no; I then took the prisoner before Justice Welch; there he said he had sent the plate into Dorsetshire, to one Capt. Robinson. The Justice said to Holloway; I know you, give the candlesticks back; and the Justice desired we would go to the door, and see if we could settle matters; at the door he said, what must we do? I said I must have my money of my candlesticks: says Holloway, I never will propose a thing but I will stick to, and upon my honour you shall have the plate on Saturday; I said I will not take your word for two pence, so Holloway asked Leo to produce the note; Holloway looked at it and said it was not worth two-pence, and the prisoner was committed; the next morning Nicolls came to my house, about half an hour after seven, and said it is a sad affair, I can tell you where Ward lodges, and he pawned the candlesticks; we went to Ward's lodgings, and his wife said her husband had pawned some candlesticks for Mr. Leo, at Mr. Trip's, in St. Martin's-lane. we went there, and Trip said they were pawned there the day before. (The plate produced and deposed to by the prosecutor.)

On his Cross Examination, he said, "that as

"soon as he delivered the candlesticks, and the

"prisoner delivered the note, he objected to it;

"that the things were to remain on the table

"till he came back; that he said he would

"leave them there till his return; that he knew

"Capt. Heley, and thought the prisoner was

"recommended by him; that if he had had

"any suspicion, he would not have left them;

"that nobody by the appearance and the house,

"but would have thought he was a man of

"honour; that as soon as he delivered the bill

"of parcels, the prisoner secured it; the prisoner

"then produced the bill of parcels; the prosecutor

"said that he had the Colchester bill in

"his pocket, and produced it; it was drawn

"on the 26th of August, accepted by Scofield;

"that he did not accept it as payment; that

"Scofield at first said the bill should be paid

"when it was due, but that he afterwards told

"him it was good for nothing, and that it was

"done to defraud him; that he did not know

"that Scofield's hand writing was upon it; he

"did not know that he ever heard him acknowledge

"it was. He was asked if he would have

"been satisfied for his candlesticks if the bill

"had been paid; to which he said, the man

"was never to be found. He was asked by the

"court, when he had been out to enquire of his

"friend, who was not at home, and returned,

"why after that he kept the bill? to which he

"answered, he did not keep it, that he threw

"it down on the table; that the prisoner had

"offered it to another person; that he had it

"again at the Justice's."

Simon Urlin < no role > Ward. I was in the house when Touling brought the candlesticks, on the 28th of September, about eleven or twelve o'clock; I shewed him into the parlour to Leo, and shut the door, and went to writing again in the room adjoining; he staid about a quarter of an hour, and then came out again another way into the parlour where I was writing, and was let out by a footman of Mr. Holloway's; he had a green back under his arm when he came in, which seemed to have goods in it; he returned with it under his arm, but it appeared to be empty. In about five or six minutes Leo called me into the parlour, and told me he had bought a pair of candlesticks of a silversmith, for which he had credit two or three months; but mentioned no bill; he asked me if I could borrow fourteen guineas upon them; he said they were to go into the country, for a friend of Mr. Holloway's, and therefore could not lie long at the pawnbroker's; if I could not get fourteen guineas, he bid me get as much as I could; he bid me carry them to Mr. Tripp's, the pawnbroker's, and he gave me a tavern bill which amounted to 2 l. 14 s. to pay as I came back; I went to Mr. Trip's and asked him to lend me fourteen guineas upon them; he said what are they a compliment to Mr. Holloway; I said they might come by that channel; he lent me ten guineas upon them; I asked for a duplicate; he said he would not give me one as they were above 10 l. but I must sign a note of my leaving them there; I did in my own name, and as I came back, called at the Adelphi tavern, and paid the bill, and I ordered a dinner for that day as Leo had directed me. The waiter went to change a guinea; I met him; he said I must go back as fast I could; that my master wanted me; when I came, Leo came into the entry, and said I must fetch the candlesticks again instantly; I told him that was impossible, for that I had paid away part of the money at the Adelphi tavern; said he you must go instantly, and urged me to go. I went out of the house, and went to one Mr. Herring, a friend, in the Strand, to advise what was to be done; he said if I went to the pawnbroker's again, he would not let me have the plate without making up the money. I did not know what to do; he said I had better go to Mr. Holloway, I went to see for him, and found him at a coffee house; he had heard the story, and said give me the 14 guineas.

"On his cross examination, he was shewn

"the Colchester bill, which he said he had

"seen before; that he heard of the making

"of it on Friday afternoon; that he knew the

"hand writing, but did not hear Leo say a

"syllable about it; that he received the candlesticks

"from the hand of Leo to pledge; that

"he paid the bill for him at the Adelphi tavern,

"and that Leo bid him keep the rest of the

"money, as part of his wages; that he was

"a servant to Leo, and Holloway jointly, that

"he took a receipt at the tavern, but had lost

"it since, with a pocket-book; that he paid

"2 l. 14 s. and kept the rest. Being asked, if

"Leo was not in expectation of receiving the

"rest; he said, Leo was in expectation of a

"dinner, that he was to order, but that he did

"not pay him a farthing of the money."

"- Trip produced the candlesticks and

"said he received them of Ward as the property

"of Leo, that he lent ten guineas on

"them."

Q. to Ward. Was you servant to Holloway at this time?

Ward. Yes, and Leo jointly.

Q. Was not you clerk to Jacobs the attorney?

Ward. I did business for him; I was not an article clerk?

Q. You served him by the week?

Ward. Yes.

Capt. Robert Heley < no role > . I am in the Prussian army; I have known Touling four years past; I don't know Leo: I never saw him before: I never heard his name mentioned before in my life.

Prisoner's Defence.

Ward robbed me of the candlesticks, they were not pawned by my desire as he asserted just now.

Q. from the Prisoner to Ward. What time did I give you orders to pledge the candlesticks?

Ward. About twelve o'clock.

Q. What time did you pledge them at Mr. Trip's?

Ward. Directly.

Q. from the Prisoner to Trip. When did he pledge them with you?

Trip. Between two and three I had just dined.

Q. from the Prisoner to Ward. As you acknowledge yourself my servant, do you not know the duty of a servant, if you was my servant, why did not you obey my orders directly?

Ward. I was detained at the pawnbroker's, and at the Tavern.

Q. Why did not you pawn them in my name?

Ward. Because I looked upon it you had a joint property: after that Holloway demanded the fourteen guineas, which was the very sum Leo ordered me to get.

Q. What was the reason of your not coming back to me, but running away with the money, and hiding yourself in the country?

Ward. I came back to you directly, and you bid me go and get them instantly.

Q. How came you to go into the country?

Ward. There was an attachment of privilege against a person, and Jacobs desired me to go and see the person arrested directly, so on that account I went to him.

Prisoner. Touling has said several things that are false: first place when I ordered the things, Touling delivered them on the table; I said, are they the same I looked out. When he had delivered them to me, he pulled out his pocket book, and delivered the bill to me; I tendered that draught to him; he asked if it was a good draught; I said it was, and would be paid when it became due. When we were before the justice, the accepter said he would pay it when it was become due, and he went away very satisfied. Ward came into the room, and said they looked pretty; I said they were to go into the country; I went up stairs, and when I came down, he was gone with the goods; when he was gone Touling came in and demanded the goods; he questioned me about it: I said if he would go, I would see if I could find Ward, but he would not go, nor let me go, so I could not find Ward nor the goods.

For the Prisoner.

Stephen Brookman < no role > . I live in Vine-street St. James's; I am a pencil-maker; I have known the prisoner six years; he was always sober and honest.

John Dolanger < no role > . I have known the prisoner seven years down to the present time; he is a very honest, sober man, and has a good character for what I know.

Q. Do you know how he lived?

Dolanger. I never enquired.

- Trueby. I am a cabinet maker, in Crown-street Soho-square; I have known the prisoner from his childhood: he dealt in grocery, in Bloomsbury.

Q. He carried on a great deal of business did he?

Trueby. In the middling way; he was a valet-de-chambre to a Lady; he bore a good character; he was servant four years to the Ambassador; he was valet-de-chambre to Van Hoff.

Q. Did not you declare he was a great rogue, when he was taken up?

Trueby. No; not to my knowledge, Sir.

Q. Have you, or have you not, said he was a great rogue?

Trueby. Not to my knowledge; I cannot tell that I said so.

Q. Did you say so or not?

Trueby. No; I did not say so.

For the Prosecution.

John Nicholas < no role > . I am owner of the house where Leo lived.

Q. Did you ever hear the last witness say any thing of Leo.

Nicholas. After he was taken up the last witness came for a tea chest he had of his, and said Leo formerly used to be an honest man, but since he got connected with Holloway, he has been as great a rogue as he.

Trueby. I said in this gentleman's house, if they had done such roguish things, they were great rogues.

Court. You have positively sworn you did not say he was a great rogue; this gentleman says; when he was by, you said he was as great a rogue as Holloway.

Dr. Wilson. Trueby said he knew him from a child; that he used to be an honest man, but since he had been with Holloway, he was as great a rogue as he. He said he left a tea-chest in his custody to dispose of for him, and it would be hard if he could not get it again.

Touling. He said he knew him from a child, and since he was connected with Holloway he was as great a rogue as he.

Guilty . T .

He was a second time indicted with THOMAS HARRISON proceedingsdefend , for forging the draught for 18 l. 10 s. purporting to be drawn by Thomas Harrison < no role > , of Colchester, upon James Scofield < no role > .

And a third time with ROBERT HOLLOWAY proceedingsdefend This name instance is in set 3658. , for forging a draught for 16 l. 10 s. purporting to be drawn by Thomas Harrison < no role > , of Ulverstone in Lancashire, on John William Leo < no role > , No. 3; Nassau-street, Soho.

There was not any evidence given on the last two indictments.

Acquitted .