165. CHARLES STOKES proceedingsdefend , DAVID HART proceedingsdefend This name instance is in set 3199. and PHILIP GIBSON proceedingsdefend were indicted for feloniously stealing, on the 6th of February instant, one leather trunk, value 2 s. the goods of Francis Byde proceedingsvictim ; one bill of exchange, signed Samuel Jones < no role > , for Joseph Jones < no role > , Samuel Jones < no role > and Daniel Jones < no role > , bearing date at Manchester, the 14th of December 1782, value 17 l. 7 s. 6 d. one other bill of exchange, signed for John Naylor < no role > and Jeremiah Naylor < no role > , dated Wakefield, 11th of January 1783, of the value of 21 l. 7 s. 6 d. one other bill of exchange, signed by John Becket < no role > , for Thomas Wilson < no role > , himself, the said John Becket < no role > , and J. Overhill the younger, dated Leeds Bank, value 5 l. 5 s. and one other bill of exchange, signed James Mills < no role > and Co. dated Wakefield, 4th of January 1783, of the value of 23 l. 8 s. 6 d. the said bills at the time of committing the felony aforesaid, being the property of Joseph Robinson Pease proceedingsvictim , and Thomas Harrison proceedingsvictim , and the several sums of money payable on and secured by the said bills of exchange, being then due and unsatisfied .

THOMAS HARRISON < no role > sworn.

Where do you live? - At Hull.

Who are your partners? - Joseph Robinson Pease < no role > ; we are chiefly in the banking; I packed up eighty bills, and put them into a parcel, and gave them to our clerk to deliver to Mr. Byde.

Court. When was this? - I think it was the 27th of January.

HENRY BECKFORD < no role > sworn.

You are clerk to Mr. Harrison? - Yes.

Did you receive a parcel from Mr. Harrison? - Yes.

What did it contain? - Eighty bills.

What did you do with it? - I delivered it to Mr. Byde, unaltered, as I received it.

Prisoner's Council. You received these eighty bills after they had been made into a packet? - Yes.

Then you did not examine them? - I knew the amount of them, I filled up the indorsements.

FRANCIS BYDE < no role > sworn.

I understand you received a parcel from the last witness? - I did.

What did you do with it? - The parcel was laid down on the desk, Mrs. Byde was then packing, she took the parcel and packed it in, then I took two pair of shoes, and put them in: I saw her put them in and lock the trunk: the trunk and me came to London, it was never opened during my journey; I brought it safe to the London Coffee-house door, there it was at my feet. I came to town on Tuesday, the 6th of February.

Court. Did you stop on the road any where? - Yes, Sir, I had been at Leeds and Manchester. I went into the London Coffee-house , and was speaking about a lodging, and the postilion came in to know if I wanted a porter, and I sent for a porter immediately, and I stopped to talk to the gentlewoman at the bar about a lodging, she said, Sir, we have not a lodging, but I will get you one in the neighbourhood; when I came out the trunk was gone, I suppose I might be three or four minutes in the coffee-house; I always kept this box close by me, and I missed it instantly, it was the first thing I looked for in the chaise.

Prisoner's Council. Did you see either of the prisoners when you went out? - No.

So that all you know is, that you left the box in the chaise, and when you came out it was gone? - Yes.

JOHN COOPER < no role > sworn.

You are a post chaise driver? - Yes.

You drove Mr. Byde from Barnet the 6th of February? - Yes, I drove him to the London Coffee-house: when Mr. Byde got out of the chaise, he had me unfasten the trunk, and he would send a porter immediately to fetch it in; there was a gentleman came out of the house, and he said, my lad, I want a porter to carry that trunk a good way.

Do you know that gentleman? - It was candle light.

Look about? - It was very much like that man's face (Stokes). I do think to the best of my knowledge, that it was that man came up to me; he came, and said, says he, I want a porter to carry that trunk a good way, says he, it is a very busy time for porters, and I have never a one within at this time, do you just step down to the New-Inn at the Old Bailey, it is not above twelve or thirteen doors at farthest; says I, I shall have something stolen out, says he, do you think I should desire you to leave your chaise and horses, if I did not take care of every thing that was there, he began to bully me, so I went and called a porter; I observed nobody else there: when I came back, the trunk was stolen.

Prisoner's Council. What time of the evening might this be, friend? - Between six and seven.

What kind of a night was it? - It was candle light, lamp light.

Where was you standing? - I stood with my back to the horses, and was unfastening the trunk.

Have you ever seen the man that you suppose was the man that gave you these directions as to the porter, have you ever seen him since? - Yes, I saw him once since in Bow-street.

What was your recollection as to that man in Bow-street, had not you a good deal of doubt? - Yes, I had.

You could not swear positively to him? - I could not, I cannot swear to him now.

WILLIAM WOOD < no role > sworn.

You are a waiter at the London Tavern? - Yes.

Do you remember the day that Mr. Byde came there? - Yes, the 6th of February: I went out from my business to take in Mr. Byde's luggage, and when I came out of the coffee-room door, I saw a man at the chaise door taking this trunk out; I met him in the middle of the chaise, and asked him if he would permit me to take it in; I cannot be sure of the man, I believe it was the one in black (Gibson); I will not be positive, I believe it was him by his size, his hair and his features, his dress is something altered; his hair was thin dark brown hair, he had a brown surtout coat on, but to be certain I would not; he brought it, and set it down on the stone at the door, desiring me to go and take a trunk that was before the chaise, he said, take it off as fast as you can: I went to take off this trunk, and I saw no more of the man: the hat box or little trunk was gone.

THOMAS BUCHANAN < no role > sworn.

I am porter at the London Coffee-house, I believe Mr. Byde came there on Tuesday, as near as I can recollect, I was sent out to help in with the gentleman's luggage that came in the post chaise; when I came there, I saw a trunk, and a man stand on one side of the door, and another on the other; I attempted to take it in, the man at my left hand side said, says he, let that down, you have no business with the house, If I was to see the man, I could tell you.

Look round and see if you can see him? I believe that gentleman in green is he, I am not clear enough to swear, but I have a strong idea that was the man; with that I did not like the looks of the man, I turned round and opened the door, and said to Mr. Leech says I, I do not like the looks of this man, there is some robbery going forward; I wish you would enquire where the gentleman is; and immediately the trunk was gone; I saw nothing more of the man, nor the trunk.

THOMAS CARPMEAL < no role > sworn.

You are one of the officers belonging to Bow-street? - Yes, sir.

You had information of Mr. Byde's, having lost his trunk? - On Friday the 7th of February, about one o'clock Jealous Macmanus, and Clarke, and me, were going across Moorfield's, and we saw Stokes, Gibson, and one Barew, knowing them all we thought it proper to stop them and search them, we took them into the Red-Lion, a publick house in Moorfield's, I searched Stokes, and withinside his breeches, I found 40 bills wrapped up in this little handkerchief, I asked him what he had got there, he said he had got a rupture, and that was a truss; I said I had never seen a truss, let me look at it, I guessed what it was at the same time.

(The bills read.)

Jealous searched Gibson, and found a book which he will give an account of.

Court. What sort of a man is Barew who was with them? - A little thin man, short and very thin, about the size of Hart, but thinner.

CHARLES JEALOUS < no role > This name instance is in set 2444. This set is in the group(s): BowStreetOfficers . sworn.

You are one of the officers at Bow-street? - Yes, I was walking with Carpmeal on Friday the 7th, and we saw Stokes and Gibson, and one Barew that was with them at that time; we apprehended them, I searched Gibson, and in his pocket I found the list of the different notes that Mr. Carpmeal found in the breeches of Stokes.

Prisoner Stokes. My Lord, I will be obliged to your Lordship to compare them.

(The list handed up.)

Prisoner Gibson. I can prove I had that book before this robbery was committed, and the same writing in it, it has now without doubt, my Lord, this man might put down sums to make it correspond.

Court to Jealous. Has that book been in your possession ever since? - Yes.

Is it unaltered? - Yes.

(Three of the bills shewn to Mr. Harrison)

These are three of the bills that were sent in the parcel, and delivered to this young man Beckford.

(The bills shewn to the Jury.)

PRISONER STOKES's DEFENCE.

I won these bills at E. O. the man I won them of said, if I would meet him at a coffee-house in Leadenhall-street, which is next door to the India house, he would give me cash for these notes, I was going to meet him, and on my way Jealous and Carpmeal took me.

PRISONER GIBSON's DEFENCE.

I was at work the day before, and all the week, till dark, I came from my work, and called at the Red Cross in Barbican, I went to Mr. Gammon's, a watch-maker's in Barbican, and was there at tea; the next morning I went to my master's to see if my vice was done, and I went out again to seek for a man to make me some more tools, and I was going back to fetch my vice myself, and he happened to meet with this Stokes in Old Street; and going along Jealous and Carpmeal laid hold of us, and what reason they had to lay hold of me, I know not, which am as hard a working young man as any in London. I had the book in my possession, and a person saw them figures in it when I pulled it out of my pocket the Sunday before, when I shifted myself.

Court. There is no sufficient evidence against Hart.

The prisoner Stokes called two witnesses to his character.

For the Prisoner Gibson.

WILLIAM GAMMON < no role > sworn.

I am a watch engraver, I have known Gibson this four or five years, a very honest character, he was with me the night the robbery was committed, he drank tea with me, he staid sometime after; and I was at work, I believe he might stay an hour and half, or rather more; I believe he came about six o'clock, I cannot positively say when he went away; I believe it might be half after seven or eight; I live at No. 59, Barbican; I spent the evening with him that night, at the Red Cross, in Barbican; he asked me, if I was going out, I said yes; I went out at nine, and spent the evening with him, he was there.

What evening was it? - Thursday evening the 6th of February.

How comes you to remember the day? - Because when Mr. Gibson was taken up, he sent to me.

Council for the Prosecution. Are you a married man or a single man? - A married man.

Is your wife here? - No.

Why she is well is not she? - Yes, sir, she is very well.

At what o'clock do you drink tea? - I drink tea before I light candles.

How did you contrive on the 6th of February to drink tea at six o'clock, before you lighted candles? - Before I light my candle to go to work, I do not reckon of the small candle, I cannot afford a thick candle to drink tea with.

Do you put out one candle and light another? - Yes, sir, I work with a five farthing candle, and drink tea with a three farthing one.

Why is not your wife here? - I did not know she would be of any service.

Any other company to tea? - Only Gibson, he frequently comes up to tea or dinner or breakfast.

Then there was nothing particular in his coming to tea that afternoon? - Nothing particular.

What makes you recollect six o'clock? About six.

Was it before or after? - I cannot positively say to half an hour, it was not half an hour after six, I am pretty sure.

What o'clock do you generally dine? - About one.

And drink tea at about six? - Yes.

Was any body else calling on you that night? - No.

Does any body else live in the house? - Yes, sir, a great many people, there are several families in the house, but he has no business with any body in the house.

What makes you recollect the hour so well? - I recollect it was about six, I believe he might stay about an hour, he desired me when he was taken up, to recollect as particularly as I could, which I did.

What day before was it that he drank tea with you? - I cannot say.

Had he any day that week? - I dare say he had, but I cannot positively say.

What cannot you recollect whether he drank tea with you that week? - No, sir, I cannot.

Nor the week before? - No, I am sure he drank tea with me in the course of the time, I cannot recollect the day.

Court. You dine about one, I think you say? - Yes, sir.

If you dine at one o'clock, I should suppose you for the most part drink tea before you light candles at all, do not you? - Yes, sir, between the lights.

This man used often to drink tea with you? - Yes.

Then he knew the time that you usually drink tea? - Certainly he did.

How came he to drink tea with you an hour after dark? - He did not call particularly to tea.

Then it happened you drank tea an hour later then usual? - Yes, sir, I did.

Prisoner Gibson called two witnesses, who gave him a good character.

Court to Mr. Boyde. About what time was it that you came to the London Coffee-house, as near as you can recollect? - About six, or half an hour after they were just beginning to lighten the lamps as I came into the town.

CHARLES STOKES < no role > , GUILTY .

DAVID HART < no role > This name instance is in set 3199. , NOT GUILTY .

PHILIP GIBSON < no role > , GUILTY .

Stokes and Gibson to be transported for 7 years .

Tried by the London Jury before Mr. RECORDER.