129. JOHN MURPHY proceedingsdefend This name instance is in set 1358. This set is in the group(s): GarrowsClients . was indicted for feloniously stealing on the 3d of November last, one metal watch, value 10 l. one steel watch chain, value 3 s. one brass watch key, value 2 d. and three steel books, value 1 d. the property of Anthony Asserettie proceedingsvictim , privily from his person .

ANTHONY ASSERETTIE < no role > sworn.

On the 3d of November I went to Drury-lane play-house , two minutes after I had been in the passage, I looked at my watch to see what time I had to wait before the door was opened, it wanted about three minutes to a quarter of an hour, and I put my watch into my pocket again; as soon as I had put my watch in my pocket, the prisoner who stood at some distance, there being two or three persons between him and me, I observed him move from his place, and come between, I thought he meant to go away, and I made room for him to go past, but when he was near me he stopped, and therefore I remained where I was, the door opened in a minute, or a minute and an half, or two minutes, or thereabouts, and in the scuffle of the people pushing, I saw the prisoner very busy about me, I felt him absolutely take my watch from me, I disentangled my hands as soon as I could, and I took hold of him by the collar, he struggled to get away from me, and in truth, by the people that were there with him, and his pushing, we were drawn towards the door that leads into the street, when we were at the door, I had the good luck, if I may call it so, of taking hold of his coat, in running away, I fell down and hurted my leg very much, part of the coat remained in my hands, I cried out stop thief, and a person over the way stopped him, I went over and took hold of him again, and one Blandy came that moment to my assistance; we tried to get into some house or other, nobody would open their doors, several girls of the town wanted the person that assisted me to take him to the Star and Garter, the person that assisted me took him into an upholsterer's shop, the prisoner had no watch, he said he was a gentleman, I thought if he was, all the satisfaction that a gentleman could receive, he should receive from me; the people insisted on his being let out, and he run away again and we lost him. On Wednesday morning last, when I came from Ramsgate, I found Sir Sampson Wright had sent for me to go to identify this man, I never found my watch again; I am positive the prisoner is the same man, I had him in my hands for a quarter of an hour, and in the shop of the upholsterer, where there was light sufficient; if I was not quite sure, I would not give the least hint in the world, but I am positive.

Mr. Garrow, Prisoner's Council. You are absolutely sure that you felt somebody take your watch? - Yes.

Now as to your certainty of the prisoner, you have no doubt but he was the man that was a quarter of an hour in your hands, I can easily conceive that? - Certainly.

And you have as little doubt that he was the man who was in the upholsterer's shop? - Certainly.

Will you have the goodness, Sir, to tell the Jury in what situation you found the prisoner at the publick office; was the prisoner marked out to you in any particular way? - He was brought to the bar whilst 75 I was in the room with several of the Justices.

Then the prisoner was brought to the bar? - There were several people in the room.

Was there any body else at the bar? - Nobody, there were some people near.

Then the prisoner was brought to the bar and charged as a felon? - Yes.

When you slipped down, part of the prisoner' coat remained in your hands? - Yes, all the skirt, I believe it was plucked out of my hand by some people that were in his company, I know it was a frock coat.

Has any apartment of the prisoner been searched at all? - Not that I know of.

Then you do not know that any coat of a description answering to that has been seen at his lodging

There were a great many people, it was a favourite tragedy? - Yes.

You were in the passage leading to the two shilling gallery? - I was.

I fancy there is no great degree of light in that passage? - Yes, it is light enough.

You will believe me, Sir, when I say, I do not mean to impute any thing unfair to you, it is my duty to put these questions to you; How was he dressed? - He was dressed in black, and his hair was powdered, I believed he had a cocked hat.

Were not every body's hands pressed by the crowd as well as your's? - He had his hands down.

It did not occur to you to seize the hand of the person that was your watch? - No.

Was is possible for you to observe the hand that was directed to the pocket? - No.

You seized the collar of somebody that you suspected to be the person that had his hand in your pocket? - So I did, but in the situation I was, I could not be any other way than positive. I had two gentlemen in my company behind me, on the right hand side was the prisoner and before him there was a lady in a straw hat and red ribbon, I did not take any particular notice of the people on the left hand side, the prisoner's face was rather turned towards my face, he was stopped immediately, and searched immediately, and nothing found upon him.

Can you undertake positively, in a case like this, to say that you did return your watch into your fob after you looked at it? - O certainly so, I not only put it in my fob, but I turned the chain within my fob.

Then the struggle to get your watch must have been very great? - Yes, and the person that took it was very clever.

Mr. Garrow. As well fitted for a lady's hand in a striped hat as any body's else, I should have thought.

RICHARD MANDY < no role > sworn.

I am one of the constables of Drury-lane house, I was informed a gentleman had been robbed, I came to the door of the play house, I found a hat I took it over the way where I heard the prisoner was taken, I came to the gentleman and delivered it to him, and he said the prisoner had robbed him, I searched the prisoner.

Mr. Garrow. A great crowd at the theatre this evening? - Yes, it was one of the nights that Mrs. Siddons performed.

PRISONER's DEFENCE.

My Lord there was about four people by the prosecutor and on the opening of the door. I was crouded back, instantly this gentleman laid hold of me, and he dragged me like a vagabond to the door, his foot slipped, and he fell, he immediately caught hold of me, brought me into a broker's shop, and searched me.

The Prisoner called three Witnesses to his character.

GUILTY. Of stealing, but not privately .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.