197. PETER VERRIER proceedingsdefend and WILLIAM HARDING proceedingsdefend were indicted, with John Munday < no role > and Robert Sidaway < no role > This name instance is in set 2658. not yet taken, for stealing, upon the 3d of December last, two silk gowns, value 10 l. one sattin gown, value 40 s. one white silk petticoat, value 20 s. six muslin aprons, value 4 l. two children's slips, value 40 s. two children's muslin frocks, value 10 s. one linen frock, value 5 s. six pair of cotton stockings, value 18 s. one pair of women's shoes, value 7 s. six linen shifts, value 30 s. six linen handkerchiefs, value 12 s. one linen shirt, value 5 s. one leather trunk, value 1 s. and 630 l. in monies, numbered, the goods of Thomas Harbin proceedingsvictim , Thomas Flight proceedingsvictim and Benjamin Flight proceedingsvictim , in the dwelling-house of James Smith < no role > .

Mrs. HARBIN sworn.

You, I believe, are the wife of Mr. Harbin of Lewes? - Yes, Sir; I came to London, on the 3d of December, by the stage to an inn, at Charing-cross, I had a trunk with me.

Tell what that trunk contained? - It contained two silk gowns, a sattin gown, a white silk petticoat, six muslin aprons, two child's silk slips, two muslin frocks, a lawn frock, a child's frock, six pair of cotton stockings, one pair of sattin shoes, three dimity petticoats, six shifts, six handkerchiefs, and 600 guineas.

Who did the property belong to? - To me.

Whose money was it? - It belonged to Mr. Harbin, Mr. Flight and Bannister Flight, the partners in the bank ; from Charing-cross, I took a hackney coach, and went to Bunhill-row.

Your trunk went in before you? - Yes; I put the things in myself partly.

There were no notes in it? - No; I saw the 600 guineas put in.

What time in the evening did you arrive at Mr. Smith's? - About half past seven.

Mr. SMITH sworn.

I am son of the gentleman where she came to in Bunhill-row; I went to the Golden Cross, at Charing-cross, to meet Mrs. Harbin; I accompanied Mrs. Harbin to my father's; I particularly observed a person at the gate when we got out of the coach in Bunhill-row , had he been meanly dressed I should have taken no notice, but he was genteely dressed, made me wonder at his uncommon curiosity, he was dressed in a green coat, with a light brown great coat over it, and a light waistcoat; the green coat plain, a white lapelled waistcoat, and the lapels thrown back over the coat; he stood at the gate all the while we were getting out of the coach; I saw him at the office in Litchfield-street since; I cannot say upon oath it was that man (Verrier at the bar) but I believe it; I had no doubt at the Rotation office it was the same man, he had the same coat on, and great coat, but not the same waistcoat; the trunk was taken out of the coach; I did not see it myself taken out.

Cross-Examination.

I did not see the trunk taken out; I saw it in the coach as we were coming along; I did not see the trunk taken out; it was a little after seven; I cannot say whether the moon was up; nothing particular struct my observation respecting the prisoner at Charing-cross, the first observation of him was at Bunhill-row; I handed Mrs. Harbin out of the coach, and went into the parlour; she was but a little while in getting out; during that time I made particular observation; some time elapsed before the door was open.

He was pointed out to you as a supposed offender? - Yes; I saw by the place he stood in he was an offender; there was another there besides himself.

Cross-Examination by the court. I handed Mrs. Harbin out of the coach; she went immediately into the parlour with me, and I did not see the trunk taken out of the coach, I saw the trunk in the coach as we went along; I believe it was in one corner of the back seat; we rode forwards, I believe.

Did Mrs. Harbin come out as soon as as the coach door was open? - As soon as the coach door was opened.

You did not wait till the trunk was taken out? - No.

Court to Mrs. Harbin. I thought I understood you the trunk went into the house before you? - Yes, Sir.

Explain that if you please? - When the door was opened I bid the coachman take the trunk; there were two; he took one immediately, and came in, he took only one and then went to take the other; I did not see him take the large one; they were taken out before I got out of the coach, I saw them both in the passage while Mrs. Smith was in the passage.

THOMAS KENNIAM < no role > sworn.

I am a horse-waterman at Charing-cross; I don't remember the stage coach coming with Mrs. Harbin; I remember the hackney coach coming to take up the fare, and the gentleman go into it with two trunks, and a hat box; the gentleman ordered it to drive to bunhill-row, Moorfields; I did not see the lady get into the coach; the gentleman only.

At Charing-cross you have a hundred and fifty gentleman of a day getting into coaches? - Yes; I saw the gentlemen get into a coach.

Is there any thing in particular led you to observe him at that time? - No nothing in particular; I looked at him very hard, and asked him for some halfpence, he said he had none; he ordered me to tell the coachman to drive him to Bunhill-row; there was not any thing in particular made me take notice of him, more than what I have mentioned already.

What day was it? - I believe the 3d of December, I did not know the day of the month, but I heard the gentleman mention it at the office, three weeks last Tuesday from the time it happened; it is now near two months since it happened.

What made you recollect it? - Sometimes one cannot be off taking notice of people one lets in; I may let in a hundred or more gentlemen in a day.

Was there any thing in particular led you to take particular notice of it that day? - No; nothing in particular.

You were sent for to the office; did you know on what account you were sent for? - No; not till I came there; the gentlemen asked me about it, if I could recollect the coachman, I told them no; I could recollect nothing about it, at first.

Do you mean the runners? - Yes, Sir.

Did you observe any body on this day lurking about the house? Yes; at the time this coach was there I saw four men; it was the third of December when the coach went off; that was the day, as the gentleman told me at the office.

Are you clear of that circumstance of the gentleman's desiring you to drive to Bunhill-row? - At night; yes, Sir.

Was there never no instance of any person ordering you to drive from Charing-cross to Bunhill-row? Yes; often before that; I did not understand what you meant at first, Sir.

Did you ever see either of the prisoners at the bar? - Yes; I saw those two men, and two more with them, about six o'clock or soon after in the evening, soon after the stage came in, I heard the name of John Munday < no role > ; the coach went off directly for the city; I saw the four men go after it directly.

Cross-Examination.

You are a waterman? - Yes.

How many coaches were taken last night? - I was not there but at St. Giles's round house; they told me I must go there till the trial came on; they gave me 18 d. a day, good living and good lodging.

Perhaps better than you are used to? - I don't know.

Eighteenpence a day is more than you get by watering? - No.

Can you tell me where any one coach drove on the 4th of December from the Golden-cross? - No, Sir; I don't recollect any thing of the day of the month, but as I told by the gentleman as lost the things.

Two months you know? - Yes.

When was you taken up? - Tuesday three weeks; the day before I was took up I just sent a coach off to St. Paul's.

What applications had you made to you by the gentlemen runners that attended the office? - I don't know what you mean by applications.

They asked you about it? - Yes.

The runners have often applied to you? - Once or twice I believe.

You was not desirous to go into the Round-house? - I was not desirous to stay there, I would rather be out and do nothing, than have eighteen pence a day and be there, they had spoke to me several times about it.

Did they ever talk to you about a reward of forty pounds for convicting this man? - No.

Did they never tell you, you was to have a share for convicting them? - No; I was at the coach door while the coachman put the boxes in, nobody was in as far as I saw, before the boxes, the gentleman went in, I saw nobody else, I shut the door.

Did the men whom you saw go after the coach walk or run? - They ran after it.

In this case the clerk of arraigns said there was no reward allowed.

JOSEPH SADLER < no role > sworn.

I am a hackney coachman, I remember taking up a fare at the Golden-cross, Charing-cross, the 3d of December, I remember it was on a Monday, I was first coach, they called me to the yard at the Golden-cross to take two trunks, I took them and put them in, I took up a gentleman and a lady, and was ordered to drive to Bunhill-row, at St. Martin's-lane end I went to take hold of my check string, I saw a man up behind the coach like a footman, I did not know but he belonged to the gentleman, he still kept behind like a footman, at every turning I turned, he got down at the end of Chiswell-street, I drove up the row, took the things out, and they paid me; I missed him at the turning, I remember the house, I could go to it now; I took the trunks out, the lady went in before the trunks, the gentleman too; I put them in custody of the maid, a man then came and asked me, what shall I give you to go to Charing-cross, I believe it was the same man, it is the further man of those two, (the prisoner at the bar, Verrier) I believe it to be the man, he had a light brown great coat, the waistcoat I could not see, but he had a lapelled white waistcoat, I asked two shillings, he said I will not give two shillings; as I was going to the same stand again, I parted with Verrier at Mr. Smith's door, and went away with another person, I saw him at the office, I looked round twice, I was so ignorant of the matter I could not distinguish him, they bid me look again, I did, and then I looked at the bar.

Cross-Examination.

I was asked all these questions there, and then I was asked to look for the man, I took the box out, it was pretty heavy, I am pretty strong, the trunk was not very small nor very large, it was middling heavy.

You were left to bring in the trunks after the lady and gentleman had got out? - The lady had got in, but the gentleman did not just then, he was at the door with me, the lady was in the passage till the trunks were both in; there was one man behind the coach all the while to Bunhill-row, I left him there at the door.

You had no difficulty of knowing him again? - No; I took him to Catherine-street, and by accident.

What opportunity had you of observing him? - I took notice of him, being in light cloaths behind the coach, when I said I would not take less than my fare, he said I thought you were going to the same stand again.

Did you ever observe his face before? - I did not.

I want to know how you know the man that spoke to you on the side of the coach, was the same as was up behind? - I am certain it was, I took notice of his light dress, I am certain, I took notice of his lapelled waistcoat too, it was open.

James Miller < no role > . I am not fourteen, I come about a robbery.

Do you know the nature of an oath? - Yes, sir.

What is it? - To tell the truth, and nothing but the truth, if I do not, my soul and body can never be happy.

The Court ordered him to be sworn.

I did live with Mr. Smith, No. 118, Bunhill-row, I remember Mrs. Harbin, from Lewes, coming there on Monday evening, the beginning of December, I did not let her in, I saw a box in the passage when she came; a man rang at the door, and asked for the maid Molly, about a quarter after seven o'clock, after the lady and gentleman was in; as I went to let him in I saw the trunk.

Mr. SMITH sworn.

I remember the bell ringing, a quarter of an hour after we were in.

- MILLER sworn.

I opened the door to the man, a short man, dressed in a green or blue coat, I could not distinguish it by candle light, a white lapelled waistcoat, and a brown great coat, he said, I want one of your maids, Molly, Molly Delf < no role > , says I, yes, says he, I went to the head of the stairs to call her, and staid in the passage till she came, she went up to the door, I went down stairs directly, I saw him at the Rotation in Litchfield-street, it was that short man that has not got his coat buttoned, (looking at Verrier.)

Cross-Examination.

I have heard Mr. Smith talk of the man and the cloaths very often, the man was pointed out to me at the office, there was only one; I was told to look after the man with a green coat and white waistcoat; I told my master first of the colour of the man's cloaths, when he asked me for the description of the man, I saw only one box in the passage when I went to the door.

To Mrs. Harbin. Did you take up any one of the trunks to your chamber? - The maid did.

MARY DELF < no role > sworn.

I live with Mr. Davis, Mrs. Harbin came there December the 3d, and a large trunk and caravan, they were set down in the passage, they were not both left there, the largest was the other I carried up stairs; I remember the boy calling me, somebody wanted me, I came up stairs, I saw the trunk when I came to the passage, I had previously carried the other up stairs; the man asked if my name was Molly, I told him yes, he asked whether I knew one Mr. Jones at Charing-cross, I told him no, I asked if I did, what then, he said, if I did, he had a message to her, I said there is another Mr. Smith farther up; I recollected my fellow servant was of that name, I went down two stairs to call her, and turned my head towards the stairs, before I came back the door was shut and the person gone, and the trunk was gone, the key was likewise gone from behind the door, that before was hanging up behind it, the door was not locked, I could undo it; I took notice the man had a white lapelled waistcoat, he had a great coat, a light brown, the other coat I did not take notice of the colour; he was a lowish person, a middling sized man, I think I have seen him since at the Rotation Office, Litchfield-street, I think there he stands, the furthest of those two, I saw him in Litchfield-street by day light, I can see him very plain now, I have no doubt of his person.

Cross-Examination.

At the office I had no doubt about it, I did not positively swear to him then, but I had no doubt, I have not seen him from that time to this, I have now no doubts; my fellow servant has an acquaintance of the name of Jones I have heard her speak of; we knew the night Mrs. Harbin was expected, that Mr. Smith went to meet her, she came in the coach with him, I am a single woman, and have no acquaintance in the neighbourhood, I saw nothing of his coat.

What sort of night was it, warm or cold? - I can't recollect.

Court. Did you ever hear where this acquaintance Jones lived? - No; I never saw him; I don't suppose it was a minute while I went to call my fellow servant, I was out of sight of the passage, I heard the door shut while my head was turned the other way, I turned back instantly, it was the large trunk in the hall, it was there a quarter of an hour, when I went to speak to the man I went against the trunk, it stood out so far in the passage my cloaths touched against it; this trunk was so heavy I could scarcely lift it, that was the reason I did not carry it up to the other.

JOHN FLETCHER < no role > sworn.

I know nothing of the prisoner, I have some Bank-notes in my possession made payable to Munday.

Court. There is no connexion between Munday and these people, he is a stranger as to this cause.

Henry Hart < no role > . Mr. Silvester objected to the testimony of Hart, Mr. Mingay informed the court of what passed in the morning respecting Hart, Mr. Silvester objected to it.

Mr. Recorder said he would receive the evidence subject to the objection, and reserve it for the opinion of the judges.

Mr. Mingay then said he would not call him.

Verrier. I desire a witness to be called to speak to the person of Munday, he called,

Mr. Thomas Geary < no role > , but he was not examined yet.

GEORGE GAHAGAN < no role > sworn.

I live in Popham's Court, Fleet-street, I am a gold and silver lace weaver, not a house-keeper; I carry on my business there, I know Verrier, I have had some dealings with him in the hosiery business, a young gentleman came to me of the name of Smallwood, and asked me if I knew one Verrier, I told him yes, after I told him I did, he asked me if I had any dealings with him; I afterwards knew the reason of the applications, I told him I had had some stockings of him, he asked me if I had any thing to shew, I said I had a receipt for a guinea, I told him I believed I had, I found a receipt for stockings, dated the 3d of December, it was given for stockings on that day, I saw Verrier at six o'clock that evening.

Produce that receipt? - Yes; he sold them to me, - Verrier was at my house.

At what time? After six in the evening; he drank tea there, and staid till between seven and eight in the evening.

You were led to this circumstance by the application of Mr. Smith to you? - Yes.

Cross Examination.

Verrier is a hosier, and sells stockings , I am quite sure this was transacted on the 3d of December, and that I paid for them, at the time I bought them; the bill was ready made.

How do you spell your name? - I spell it Gahagan; I know Verrier, he knew me, I don't know that he ever see my name before, I cannot say he knew how to spell it.

How is it spelt in the bill? - Gargan.

Verrier and you had been acquainted some time? - Not a great while; I live in Poppins-court, Fleet-street, I have a two pair of stairs in two-houses, one for work, another a dwelling-house; it was the 3d of December, I belong to a club, I went to that about half after eight, it might be about seven when I paid him, I did not part with him till I went to the club; I was at tea when he came int, I don't commonly wear a watch, I have a clock, I took notice it was after six when he came; I heard of this matter the beginning of this week, he knew, where I lived, he never made application to me, till that gentleman went to me.

That was the time Smallwood came to you? - Yes.

Prisoner Verrier. That was the day; I have a little order-book, I remembered some stockings being ordered by Gahagan, I ofund it in it.

Gahagan. Verrier lives in Barbican, I never was at his house.

Is he that sort of hosier, that carries his shop upon his back? - Yes; I have seen him with two or three dozen pair; you may call him a pedlar, he carries them under his arm.

Prisoner Verrier. When I have orders, I execute them.

Court to Gahagan. When did you order these stockings from Verrier? - About a week before he brought them, he brought them that Monday; the bill was ready written, the receipt he wrote at my house.

(Witnesses to Verrier's character)

Thomas Whitfield < no role > , Mary Williams < no role > , and Sarah Green, gave Verrier a good character.

Charles Allen < no role > . The journeyman to Gahagan confirmed Gahagan's account of the Alibi, only differed in one circumstance, said Mrs. Gahagan was not present, as he remembered.

Court. As to the prisoner Harding, there is not a tittle of evidence fix the smallest suspicion upon him, therefore the jury must acquit him; the evidence respecting Varrier was summoried up to the jury

HARDING ACQUITTED .

VERRIER ACQUITTED.

Tried by the First Middlesex jury, before Mr. RECORDER.