289. CHARLES MANNING proceedingsdefend This name instance is in set 2406. was indicted for feloniously assaulting Frances Knight proceedingsvictim , spinster , on the king's highway, on the 13th of January last, and putting her in fear and danger of her life, and feloniously taking from her person and against her will, one woollen cloak, value 3 s. one linen apron, value 2 s. one cotton bed-gown, value 1 s. one flannel bedgown, value 1 s. one cotton handkerchief, value 1 s. two linen clouts, value 1 s. and one linen nightcap, value 2 d. the property of Godfrey Hasleton proceedingsvictim .

The witnesses examined apart at the request of the Prisoner.

Court to Frances Knight < no role > . How old are you? - Turned of ten.

Do you know the nature of an oath? - I know this, that I ought to speak nothing but the truth.

Do you know what will happen to you if you should tell a lie? - If I tell a story I shall go to the naughty man, and if I tell the truth I shall go to Heaven.

And do you know that you will be liable to be punished here? - Yes.

FRANCES KNIGHT < no role > sworn.

Court. Now tell me the whole story and the truth? - I was going from Whitechapel to Poplar, on the 13th of January, about noon.

Were you carrying any thing? - A bundle.

Whose was it? - My mother's.

Do you know who the things in the bundle belonged to? - They were my daddy's property.

What was in the bundle, my little girl? - A Bath cloak, and two clouts, and a child's bed-gown, and a flannel bed-gown, and a night-cap, and a white lawn apron; they belonged to my father, the rest were my mother's.

Court. What is your father's name? - Godfrey Hasleton < no role > .

What happened to you? - Charles Manning < no role > said he would blow my brains out, my mother was with me, and stood a little distance from me, it was in Stepney Fields , going from Whitechapel to Poplar.

What had your mother stopped about? -

I was with my mother when he stopped us, and then he came up and threatened to blow my brains out, and I went a little way off.

Who came up to you? - Charles Manning < no role > .

Do you know him? - Yes.

See if you see him? - There he is.

Had you seen him before? - No, I saw him at the justice's.

Was any body else with him? - Yes, three more men.

What did he threaten to blow out your brains for? - Because I seared out.

What did you scream out for? - One of them snatched my bundle, and another of them went to pick my mother's pocket, upon which I screamed out twice, and then it was that the prisoner threatened to blow my brains out.

Did any body take your bundle from you? - Yes, a tall man, not the prisoner.

Was it before or after the prisoner threatened you? - Before.

In what manner did the man snatch your bundle from you? - He went a little way before, and then turned back and snatched it out of my hand.

Court. Did he snatch it away in a violent manner? - Yes.

When this man threatened to blow your brains out, what happened after that? - I clapped my hands together, and said, pray, Sir, I will be a good girl, and not scream any more.

What became of him and the rest after that? - They then left me and my mother, and all four of them then went away to some other man, and took my bundle away with them.

Now are you quite sure that the prisoner was one of them? - Yes.

How long was it after you saw him at the justice's? - I believe a fortnight.

Now when you saw him at the justice's, who pointed him out to you, who shewed him to you? - I pointed at him myself.

What as soon as you saw him? - Yes.

Were there more people with him at the justices? - A great many more, but I believe nobody belonging to him.

And you picked him out from amongst them all? - Yes.

Do you think you should have known any of the other three men if you had seen them? - No, I cannot justly say that I should.

How came you to observe him particularly beyond the rest? - I looked at him more than I did at the rest, for the rest did not look at me.

Was not you very much frightened at the time of the robbery? - Yes.

Then could you in that state of affright observe the face of the man, so as to be sure that you could know him again? - Yes.

You think you could? - Yes.

Have you any doubt whether that is this man? - No. I am quite sure.

Prisoner. Was not you persuaded by the runners to pick out a man in a brown jacket? - No, Sir, the man had a brown jacket, with double breasted buttons on, when he stopped me.

Court. Did any body persuade you to pitch upon the prisoner as the man? - The justice desired me to look round and see if I could find the man that stopped me, and I looked round and saw the prisoner.

Did any body tell you to point at a man in a brown jacket? - No.

Had he the same clothes on that he had when he robbed you? - Yes.

Was it by his face or his clothes that you knew him? - By his face and his clothes too, but particularly by the brown jacket.

Prisoner. I do not dispute but she will say what she has, because it is an old grudge.

FRANCES HASELTON < no role > sworn.

I am mother to the little girl, I was with her, going from Whitechapel to Poplar, I had a young baby sucking at my breast, and four men passed in the road, they crossed just by the Infirmary, they outwalked me, and went across the field, and by the course of time, I imagined they went as far as Stepney, and in the last field they turned back and met me; I stopped across a muddy place, and turned round to see for my little girl, who was behind, and she screamed out, and said, mamma, that tall man has taken my bundle, I said, my dear, I cannot help it.

What happened after that? - The tall man said something to the other, and immediately the prisoner at the bar came to my left arm, and another short man came to my right arm; I turned and said, what do you want with me; the prisoner said, your money to be sure.

Did you see him do any thing more to the little girl? - My little girl screamed out, and the prisoner said, you little bitch, if you scream I will settle you, I will blow your little bitch's brains out; I says to the prisoner I have but little money.

What became of them? - They bid us go about our business.

Are you sure the prisoner is one of the men? - I am punctual sure; I had some little knowledge of him before.

Where had you seen him before? - I had seen him about Tower-hill, by Iron Gate, and when he threatened my little girl I looked him steadfastly in the face.

Had you any acquaintance with him? - No, only knew him by sight.

You had seen him so as to know and observe him, from another man? - Yes.

You have no doubt but he is the man? - I am sure he is the man.

Were the things that were in the bundle ever found? - No.

What things were in the bundle? - A child's Bath cloak, one white apron of mine, one striped linen bedgown, one flannel bed-gown, two clouts, a child's night-cap, and a yard-wide handkerchief; they were tied in the handkerchief:

Prisoner. Did you not say when I was brought in, you believed it was me by the jacket? - No.

Court. How long after was the prisoner taken? - That day fortnight.

Was he taken up for this robbery, or on suspicion of something else? - I believe on suspicion of something else.

WILLIAM WHITEHEAD < no role > sworn.

I am an officer; I took the prisoner, I found nothing upon him, I know nothing of the robbery, nor does Mayne may brother officer.

PRISONER's DEFENCE.

I have witnesses at the door to shew where I was at that time; but I had affronted the people, and they would not attend at the justice's.

Court to Prosecutrix. What day of the month was it? - On Tuesday the 13th of January.

You are sure of that? - Yes, it was the second Tuesday in the month.

About what time of day, as nearly as you can fix? - Between eleven and twelve; the clock struck eleven when I went out.

Are you sure it was before twelve? - Before twelve.

Prisoner. She said it was twenty minutes after one before the justice.

Court. Call in the prisoner's witnesses singly.

ANN PEARCE < no role > sworn.

Court. What are you? - What am I?

Yes. - Why my husband is a waterman, and he maintains me.

Where do you live? - In St. Catherine's Lane.

What number? - No. 16, Chequer Court.

Are you a housekeeper, or do you lodge there? - A housekeeper.

Do you know the prisoner at the bar? - Yes.

What do you come here particularly to say with respect to him? - To speak in his behalf so far as this, that he was at my house the beginning of January, and was there every day for a good bit.

Did he lodge there then? - No.

What did he come there about? - He came to his wife.

Does his wife lodge at your house? - Yes, now she does, she did not at that time.

How came he to come there to his wife? - Because she used to come in the morning.

What did she come for? - To see me.

Prisoner. It is my wife's mother.

Court to Ann Pearce < no role > . Did your daughter use to come every morning? - Every morning, and stay all day long, and so she does now, without she goes out to work, but the weather was so cold then she could not go to work.

Down to what time did she come every morning? - She keeps there now.

But she goes out to work now? - Now and then a day she goes out crying old clothes; she came every day, he used to come generally between nine and ten, or sometimes at nine.

Did he come with her? - No, she used to come first.

Where did they live? - readyfurnished lodging in Catherine-wheel Alley, Whitechapel.

Did he follow any employment at that time? - No, his employment should be a waterman , but at that time he was out of employment by the frost; he applied to his parish, St. John's, the other side of the water.

St. Catherine's Lane is in Wapping, is not it? - No, it is a precinct by itself.

It is between Wapping and Poplar, is not it? - No, between Wapping and Whitechapel.

Now how long did he use to come every day to your house? - He came till he was taken up.

And how long did he usually stay? - He used to stay from ten or eleven till seven or eight at night.

Do you mean to say that he used to stay so everyday? - Every day, excepting sometimes he used to go over to the overseer to get his two shillings.

Did he never go out all that time? - Never went out all that time.

How came he to confine himself? - I do not know, he did not choose to go out.

Did he never go out during that time? - He went generally at one o'clock to find Mr. Fogg at home, and then sometimes at six in the evening.

Did he ever go at any other time? - Never.

Do you mean to say positively that he never was out of your house all that time, but at one o'clock in the forenoon? - Never.

Did your daughter stay as close at home as he did? - Yes.

Both of them used to stay at home? - Yes.

How did he employ himself at home? - One time he wanted a pair of shoes, and he sat himself down to work, and made himself a pair of canvas shoes, he was three days in making them.

How did he use to employ himself? - Sir by the fire, and sometimes read a book.

Prisoner. I have the shoes on now.

ANN TRUTON < no role > sworn.

Court. Where do you live? - In Chequer Court, St. Catherine's Lane.

Is that near Mrs. Pearce's? - In Mrs. Pearce's house.

What do you know about this man? - I know that on the 13th day of January, I went to Mrs. Pearce's house between eleven and twelve, and I saw the prisoner at her house.

What time did you go there? - Between eleven and twelve.

Court. Let Mrs. Pearce go out of Court.

You went to Mrs. Pearce's house between eleven and twelve? - I called to see my mother.

Who is your mother? - Mrs. Pearce.

You are sister-in-law to the prisoner? - Yes.

Who did you see there? - My mother, and my mother's lodger, and the prisoner, and his wife; I went on an errand, and returned about twelve.

What lodger? - Alec. Fox his name is.

What were they doing at this time? - They were dressing their dinner.

Did you stay and dine with them? - I saw Charles Manning < no role > going to dine as I came away.

You did not stay and dine with them? - No, I came away as they were going to dine.

Did they sit down to dinner before you came away? - They were all sat down and going to dinner, but I came away and left them.

Was the dinner on the table? - Yes, two boiled small cold and tatoes.

Any thing else? - There were some stewed sprats on the table.

Those that sat down to dinner were your mother, and Mr. and Mrs. Manning, and the lodger Fox? - Yes.

Those four? - Yes.

Were there any body else? - Only my young sister of all.

How came you to remember particularly that this was the 13th of January? - Because I was coming away on the 25th, to leave my place.

How long was it before you left your place? - I left my place a few days afterwards.

How does your leaving your place on the 25th, put you in mind of the 13th? - I left my place on the 25th.

How many days was it before you left your place? - I cannot recollect how many days.

And yet the reason you recollect it was the 13th was, because you left your place on the 25th? - I minded the day as I saw Charles Manning < no role > there.

Was he often there? - Yes, always there almost when I used to go there.

Then how could you mind the day if he was there every day? (No answer.)

Who told you to say it was the 13th of January? - I know it was the 13th of January.

But I want to know a little how you know it; what fixed this particular day in your memory? - Because I remember the day of the month.

Do you remember where you was on the 7th of January, or any other particular day of the month; where was you on the 7th of January between eleven and twelve? - I was at home.

Do you remember that? - Yes, I am very sure of that.

And where was you on the 17th; - I was at home.

Was you at home every day except the 13th? - I used to come out of an errand.

How many days after did you leave your place? - I left it the 25th, I am not much of a scholar, and I cannot recollect.

How long after was it that he was taken up? - This was on the Tuesday that I saw him at my mother's, and it was a fortnight afterwards that he was taken up.

What day of the week was this 13th of January? - Tuesday, as I recollect, to the best of my knowledge.

What day of the week was it you left your place? - I cannot rightly recollect that.

Then how came you to recollect this 13th of January better than the day you left your place? - I cannot tell rightly.

Mr. Justice Gould. Do you recollect the day of the week that the prisoner was taken up? - Yes he was taken up on the Thursday night.

When did you hear of it? - I heard of it on the Friday following.

When you heard of his being taken up, did you then mention that you saw him on this 13th of January? - Yes, Sir, I am sure it was the 13th of January.

Did you mention it to any one? - Yes, I did.

Court. did you hear what he was taken up for? - I heard it was for robbery.

Who told you so? - I heard it at the justice's.

Did you go to the justice's? - Yes.

And did you hear what day that robbery was committed? - No.

Do you know now what day that robbery was committed? - No, Sir, I do not.

Then how came you to tell any body that you saw him on the 13th of January? - I told my mother so.

Mrs. Pearce called in again.

Court to Mrs. Pearce. That young woman is one of your daughters, is not she? - Yes.

Do you remember her coming to your house on any particular day? - She came on that very day that Charles Manning < no role > brought two fish to my house.

What day was that? - On a Tuesday.

What Tuesday? - It was in January, I believe it was the 13th, he came that day between ten and eleven, and brought two little codlings.

What time did your daughter Truton come to you? - She came about eleven.

Did she come to dine with you? - No, she came in, she was going on an errand, she saw him cleaning the fish, says she, mother, what is Charles < no role > a doing; says I, he is cleaning two fish; she went away, and came again about one, as she was going home; he dined between twelve and one, but my husband and me dined between one and two.

Did he dine on the fish, or your husband and you? - He dined and his wife.

Did any body dine with him? - Nobody but him and his wife.

Had they any thing else for dinner but these two fish? - Nothing else.

Had they any thing else to eat with the fish? - I think a halfpenny-worth of potatoes, and a little melted butter.

Had they any thing else for dinner? - Nothing else.

Was that before your daughter Truton went away? - She came in and saw him a doing of them; she came in a second time and saw them at dinner.

Did not she sit down and eat a bit? - No, me and my husband dined afterwards, my lodger dined with us, he is a boarder, his name is Alexander Fox < no role > .

What had you for dinner? - My husband had a fancy to have some stewed sprats, in vinegar and allspice, and I got about sixpenny worth of them, and so stewed them up in vinegar; we never used to dine together.

Did you know when Manning was taken up? - Yes.

How long was it after this? - A little better than a week.

Recollect as near as you can the time he was taken up, and how long it was after? - I think it was a little better than a week.

Do you recollect the day? - I think it was on a Thursday.

Then it was the Thursday week after this? - Yes.

How soon did you know he was taken up? - Directly.

Did you know what for? - They first mentioned before the justice that he was stopped for cutting a man to pieces in Stepney Fields, and the man was ill, and in the hospital, and could not appear; in the afternoon this good woman appeared against him, and the child.

Was you present at the justice's? - Yes.

Did you hear the evidence? - No, I did not come in the afternoon.

When did your daughter Truton tell you any thing about this robbery? - I told her: I told her that Charles was taken up.

Did you tell her what day this robbery was committed upon? - No, it was her sister told her.

Was you present? - Yes, at my house.

When was that? - I cannot say, rightly, it is set down that it was the 13th day of January.

Court to Truton. How long was it after you left your place before you heard of the prisoner being taken up? - I came away the 25th, I cannot rightly tell, I heard of it before I left my place, a day or so.

ALEXANDER FOX sworn.

What do you know of this matter? - I lodge at the house of Mrs. Pearce, I know no further than that the prisoner was often in and out of the house before he was taken up.

Do you remember any particular day or time? - I cannot remember one particular time any more than another; he was very often out and in, and staid whole days there; sometimes he staid the whole day, and sometimes half the day; he went home about seven.

Did he come every day? - No.

How many days in the week might he come? - I cannot tell rightly.

Did he come two or three time a week? Yes.

What, as often as that? - Yes.

I mean from the beginning of January to the time he was taken up, did he come two or three times a week then? - Yes, he did, two or three times a week.

PRISONER's DEFENCE.

I had Mr. Fogg here yesterday, the churchwarden, that I was to have gone to work for when the frost was over, but he is gone out of town. On the 22d of January I had had a few words, and I drank with one Mr. Whiteway; and one Mr. Marnes who is here asked me to drink; I said, you do not owe me so much good will, ever since you belonged to the rendezvous and I was pressed; I said I cannot stop, for ever since my last misfortune I never go to any house but my own, and I am obliged to be very particular; he knows he always takes me up on suspicion of any thing that is done on the water, and when I was going away Mr. Marnes said, I have a suspicion of you Charles; says I, why should you be always troubling of me; I said you will take away my life one of these days; this was on the Thursday, I was brought before a magistrate on the Friday, and committed till Monday; on the Monday morning, this gentlewoman that was here just now came to me, in a very ragged dress, and looked very hard at me, I took her to be something of a ballad singer; says I, good woman, is it you that is to swear against me; I do not know, says she, but what it is; I was ordered to pull my coat off, and go over to the justices, which I did; the woman said she believed it was me by my jacket. I hope you will not be affronted with me for detaining you so long; in the evening the woman was brought and a girl, the girl swore punctual to me.

Court to Whiteway. When was the prisoner taken up? - He came to me on the Thursday night, as he mentions, about ten o'clock, to give me information of a robbery that he was going to do that evening; that he was going to rob that house where his sister-in-law lives; his sister-in-law was to let him in, and he desired I would be somewhere near the house, that I might detect him in the matter, in order to bring him in as an evidence; upon this I took him to the public house, where our follow officers were, and I consulted on the matter, and I then thought it was better to lodge him in the house that night; I did so there was nothing done that night, but he was detained on suspicion of other robberies, and he was detained from that time.

Prisoner. My Lord, I can bring proof where I lodge, that since last September I never was out after eight o'clock at night, and I was on the parish, I had two shillings every other day from Mr. Fogg; once on a time I was tried here for piracy, but not for any thing on land, and was I given to any thing that way, I could get more gains on the water than I could on land.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

He was humbly recommended to mercy by the prosecutrix.

Prisoner. I beg, for Christ's sake, to speak one word; that is, we were all set down to dinner, and that young man, Fox, was not there every day, he only came in that day, I do not suppose he may remember; I am sure I am a dead man, for Mr. Marnes, who is one of the runners, had a warrant against me, and he said he never would serve that till he had the forty pounds; he sells many a poor fellow; and God bless you all.