972. ALEXANDER DIXON proceedingsdefend This name instance is in set 1539. This set is in the group(s): GarrowsClients . was indicted for that he, together with one Henry Morgan< no role > , not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 8th day of July , in the 24th year of his present Majesty's reign, with force and arms, at the parish of St. Martin in the Fields , in the county of Middlesex, in and upon Charles Linton proceedingsvictim , in the peace of God and our Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that the said Henry with a certain knife, made of iron and steel, of the value of one penny, which he then and there had and held in his right hand, him the said Charles Linton < no role > , in and upon the right side of the belly of the said Charles, feloniously, wilfully, and of his malice aforesaid did strike, thrust and stab, giving him, the said Charles, then and there, by such striking, thrusting, and stabbing, with the knife aforesaid, in and upon the right side of the belly of the said Charles, one mortal wound of the depth of five inches, and of the breath of half an inch, of which he instantly died: and that he the said Alexander Dixon < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . , feloniously, wilfully and of his malice aforethought, was present, aiding, abetting, assisting, comforting and maintaining the said Henry Morgan < no role > This name instance is in set 1538. This set is in the group(s): GarrowsClients . , the said murder to do and commit, and the Jurors say, that the said Henry Morgan < no role > , and the said Alexander Dixon < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . , him the said Charles Linton < no role > did kill and murder .

Mr. James, opened the Indictment; and Mr. Silvester opened the Case as follows:

May it please your Lordship, and you Gentlemen of the Jury, I am likewise of Councel in this prosecution against the prisoner Alexander Dixon < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . , who stands charged in this indictment of having murdered Charles Linton < no role > ; the prisoner was not here to be tried at the time his companion stood charged with this offence at that bar, and who was found guilty; the prisoner had then escaped from justice: the facts to bring this charge home to the prisoner are shortly these; a Mr. Linton, on the 8th of July, about two in the morning, returning to his own home, was met in New-street by two persons, who came up to him and robbed him of his money, and observing his watch chain, they came back and asked him for his watch, he not willing to part with it, they snatched it from him, and at the time of the struggle one of the persons struck a knife in his side, which was the cause of his death; one of the watchmen came up, but he could only say he was robbed and murdered, they took him to Mr. Jarvis, a surgeon in the neighbourhood, and he soon after expired; Dixon was apprehended the same morning at his own house, in company with one Smith, the one was sitting in a chair, the other was laying on a bed, when the officers of justice came there, they found the clothes of this man remarkably bloody, and they found bloody water in the room as if they had been washing blood out of something; Smith said he had been in company with this man over night, that the prisoner and Morgan had been at a public-house till about nine or ten in the evening of tha t day, that they went out together and parted, he went to another public-house, the Pilgrim, where he fell asleep at one o'clock, and when he waked, between three and four, the prisoner came to this house, it was clear therefore that the prisoner had been out the greatest part of that night; when he was committed Morgan came to see him, and some conversation happening in the gaol, the Governor of Tothill-fields Bridewel desired a man of the name of Davis to attend to the conversation, something passed which ocasioned suspicion in his mind that Morgan was also concerned, the prisoner being in gaol, and Morgan was detained; but by some means or other the prisoner broke out of gaol and escaped justice: the evidence I shall have to lay before you, will be first of all, the death of Mr. Linton, that he was murdered in the street on the 8th of July; that the prisoner was in company with Morgan at that time, and the conversation that passed in the prison between the man that has been executed and the prisoner; and from these circumstances you will be to judge whether or no this man is, or is not, guilty of that robbery and murder. I need not tell you Gentlemen, that it is not necessary under this indictment to prove that the prisoner was the very hand that committed the offence; because in point of law if they were in company committing an unlawful act, he must answer for it as well as the man that gave the wound: if therefore you are convinced that they were in company together acting in that robbery and that he was present, it will become your duty, however painful it may be, to pronounce the prisoner guilty of this charge.

(The witnesses examined apart at the request of Mr. Chetwood and Mr. Burdett, the Prisoner's Council.)

ROBERT TAYLOR < no role > sworn.

Examined by Mr. James.

I am a watchman in New-street, Covent-Garden, about a quarter before two in the morning, the 8th of July, I heard a rattle, and the word stop thief; I run as hard as I could, and when I went up, there was a person crossed the way, from Bedfordbury, I run and laid hold of the deceased, and I said, O, I have got you; no, no, said he, watchman you are mistaken, I am the man that is robbed and stabbed, I am a dead man; I thought so, and carried him to Mr. Jarvis's the surgeon, and he died with his head against my bosom, I helped to carry him to the bone house, he was almost spent when I came up, he shewed me the place he was stabbed, he pulled up his shirt and shewed me, he had a belt on, and some of the blood upon it, and had a bit of a watch chain in his hand twisted about one of his fingers, there was nobody there then, but in the course of a few minutes there were four or five, there was the waiter at the Green Man, and a carpenter, I cannot recollect his name, when I first came up I saw nobody, I called for assistance, and there came another watchman to me, and he took my staff while I helped to support him.

How long was it before he expired? - I fancy it might be nigh upon half an hour.

Did the deceased say any thing before he died? - Yes, O my wife and children! O my God! my wife and children!

Court. Did he give any account of the persons that stabbed him? - No, he was too much in agony, and if I had asked him any questions, he could not have answered me; he only said, he was robbed and stabbed, he was a dead man.

HENRY JARVIS < no role > sworn.

Examined by Mr. Silvester.

I am a surgeon, I live in May's-buildings, the deceased Mr. Linton was brought to my house, about three quarters past one, in the morning, I was in bed, and I heard the cry of murder! murder! murder! I am robbed! murder! murder! I jumped out of bed, and looked out of my back window; end hallooed out who are you, where are you? but the voice went from me, I lost it; I dressed myself and came down stairs, when I came to the door they was bringing Mr. Linton down, they brought him into my surgery, he was very capable of speaking, but was not thoroughly sensible; for this reason I asked him who had done this business, he said, do not talk to me, I am a dead man, give me relief, give me comfort; I repeatedly asked him, he still said, why talk to me, for God's sake give me ease, why talk to a dying man, let me lay down on my back; then he said, O my wife and children; he lived about twenty minutes, this wound was the cause of his death.

Court. Then he did in fact give no account of the persons that wounded him? - No, it was a wound of six inches, it went right through his liver.

Martha Dagge < no role > called on her recognizance, but did not appear.

MARY HILL < no role > sworn.

Examined by Mr. James.

Where did you lodge on the 8th of July last? - At Mr. Dixon's house, in Vine-street; I know the prisoner, he is the landlord's son, I did not know Morgan any further than seeing him in the morning, as he came just before they were taken, I never saw him come there before, I do not know the day that Morgan was taken.

Court. Do you remember hearing of a Gentleman that was murdered in the street? - Not before they were taken to Bow-street.

Mr. James. What day was Dixon taken up? - On the Thursday it was the morning of that day; Morgan knocked at the door between ten and eleven, I asked who was there, I lodge in the back parlour, he said, he wanted Alexander Dixon < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . , I said he was not at home, but if he had any message, I would tell him.

Court. You must not tell what Morgan said, if Dixon was not there? - Morgan went away again, I cannot tell whether Dixon was at home or not.

Dixon was taken at his mother's house? - Yes.

Morgan had been there that morning? - Yes.

What o'clock that day did Dixon come in? - I cannot say, I did not see him.

Did you make any observation of his person, before the officers of Justice came? - I did not.

Did any body come in with Dixon? - I did not see any body.

MARY DONNELLAN < no role > sworn.

Where did you live on the 8th of July? - At the Queen's head, in Vine-street.

Did you see the prisoner at the bar there on that day? - I believe I might, I do not know the day of the month justly.

Had you heard of any murder being committed? - I have.

Was it on that day? - I believe it might I remember the prisoner at the bar being at my house, the day before the murder was committed.

In whose company was he? - With different people.

Tell us the names of the persons? - There was one Smith and Morgan, the names besides I do not know.

How long were they together? - Some hours, how many I do not know, it was some time in the afternoon.

Court. Did you observe any thing particular, or hear any particular conversation between Dixon and the other? - No, I did not.

JAMES SMITH < no role > sworn.

Where was you on the 7th of July? - At the Queen's-head, in Vine-street.

In whose company? - Alexander Dixon < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . , Henry Morgan < no role > This name instance is in set 1538. This set is in the group(s): GarrowsClients . , John Strickland < no role > , and William Smith < no role > ; Morgan was convicted last sessions.

How long did you stay at the Queen's-head, in Vine-street? - From half after ten till four in the afternoon, then we proceeded to Tothil-fields, we staid there two or three hours, and then we returned back to Vine-street, we drank a pot or two of beer there, and then proceeded towards the Pilgrim, it might be half after twelve when we went in there, and that same night the 7th of July, John Strickland < no role > , and William Smith < no role > , staid there till between three and four in the morning, Dixon came with us, but as to Morgan, I can say nothing of, he followed us on, but I lost him upon the road going to the Pilgrim; this is what I said at Bow-street during the time I was there, I fell asleep about one, and slept till three.

When you fell asleep was Morgan and Dixon then in your company? - I did not see Morgan, but when I fell asleep at one o'clock, Dixon was there.

Do you mean to say that? - Yes.

What time did you wake? - At three, I saw Dixon there then.

Recollect yourself, because you know you have been examined at Bow-street? - I certainly was, I said upon my examination at Bow-street, that Dixon was there at half after twelve, and when I awoke at three in the morning, I saw Dixon there again.

Do you mean to stick to that, did you swear so at Bow-street? - Yes, that was what I said at Bow-street.

No, it is not, you said at Bow-street, that you went in there, and fell fast asleep about one, and then you did not see Dixon there? - Yes, I said, I saw Dixon there when I fell asleep, Dixon was there at half after twelve, and when I awoke at three, Dixon was there; he came into the house when I went in, at half after twelve, in company with John Strickland < no role > .

Was he there when you fell asleep? - Yes, he was there then.

Before the Magistrate you said the contrary? - I said Morgan was not there then, Dixon was there then.

Who came in with Dixon then? - Strickland, William Smith < no role > , and myself, and another man, I do not know his name.

Then you meant to say, when you was going to the Pilgrim, at half after twelve, that you all went to the Pilgrim except Morgan? - No, I do not say so, I say, that William Smith < no role > , and John Strickland < no role > , and another man went there before.

Then Dixon and Morgan did not return there in company? - No.

How soon did Morgan come? - I did not see him come again.

Then Smith and Strickland were never out of your company? - Never.

How soon did Dixon come? - He came almost directly after.

Court. Did he leave you with Morgan, did you lose Dixon < no role > the same time with Morgan? - They two were behind, that is what I said at Bow-street.

No, you said at Bow-street, you went to the public house without Dixon and Morgan? - I say, he came to the house, and was in the house at half after twelve.

Did he remain there till one, at the time you went to sleep? - He was then in the house.

How came you then to say before, that he was not in the house? - I do not know that ever I said so.

It was so taken down, how came you to say so then? - I said at Bow-street, that Dixon came to the house at half after twelve, or thereabouts.

Was any thing remarkable in Dixon when you saw him? - Nothing that I saw, he had an olive coloured coat on, with a black collar; we all went back again, to the Queen's-head, in Vine-street; we stopped there and drank a pot or two of beer and purl, and then I went with Dixon, and laid down on the bed, I had not been in there long, before there came some of Sir Sampson Wright's men, and took hold of us both.

Did you observe any thing particular then? - Nothing then, nor about his clothes, nor at any time, I never took notice of his clothes.

THOMAS CARPMEAL < no role > This name instance is in set 2429. This set is in the group(s): BowStreetOfficers . sworn.

I apprehended Dixon and Smith, the 8th of July, in Vine-street, at Dixon's father's house.

In what situation was they when you found them? - Dixon was laying on a little bureau bed, and Smith in a two armed chair, and appeared to be asleep, I called to them to get up, I took Smith and searched him, and left Dixon to some other officer, and likewise to search the room when we got to Bow-street; he took off his coat which he had on, which appeared to be bloody, the coat is here, it had been spunged with something, some part of it was wet, I did not search the room.

Was there much blood on the coat? - A few spots on the cuff, on one side of it, there was some water in a tub which was very bloody.

What became of him then? - He was sent down to Tothil-fields, and Smith to New Prison.

Did you go with either of them? - No, there are people on purpose to take them to prison.

Mr. Chetwood, Prisoner's Council. On which cuff? - I think it is the left.

(The coat handed to the Jury.)

Had not there been rain that night? - I do not remember.

You say it was a spot or two? - Yes

Not any more than might have dropt from a man's nose.

Mr. Silvester. Was the coat wet as if there had been rain upon it? - One side appeared as if it had been spunged.

Court. Which side? - I think it was the left side, I cannot be sure.

JOHN LABER < no role > sworn.

I am an officer, I apprehended Dixon on the 8th of July.

What passed when you came to his lodgings? - Carpmeal opened the door, Smith was asleep in a great arm chair, Dixon was laying on the bed with his clothes on, except his shoes, we laid hold on Smith, Dixon put on his shoes; and while I was searching under neath his head, I found this dark lanthorn, screws, and picklock keys, then he tried to make his escape down in the cellar, I immediately followed him, and delivered him again to an officer; says I, for God's sake mind him, when we came to look at his clothes, it appeared as if it had been fresh wiped, and under the bed there was a butter firkin sawed in two, half full of water all bloody, she was taken to Bow-street.

What did you observe upon his coat? - There was blood all upon his coat, it was shewn to several gentlemen, Carpmeal desired me to take care of his coat, so I did, I staid searching the lodgings further, he was taken to Bow-street.

Mr. Chetwood. He was fast asleep on the bed? - He was on the bed, he had that appearance.

The coat has not been altered since you took it, I dare say you have not made it better.

Carpmeal. It was never out of my care, there was a spot on the side, and it was wet.

I imagine Carpmeal did not see the coat at first? - I took it off of Dixon's back and gave it to Carpmeal, he has had the custody ever since.

HENRY DAVIS < no role > sworn.

Mr. Silvester. You was at Tothil-fields at the time Dixon was brought there, charged with the murder of Mr. Linton? - Yes.

Had you any conversation with him at any time? - Yes, on the 10th day of July, Morgan came to see him, he was brought in the 8th.

Did you hear any conversation between the prisoner and Morgan? - Dixon's mother came in about noon, between one and two.

Mr. Chetwood. What she said is nothing.

Mr. Silvester. What passed when Morgan and Dixon were together? - Dixon's mother came in, and I went in with her, and she said, don't be under any apprehension, for Morgan has been telling me who the people were that murdered the gentleman; Dixon bid his mother hold her tongue, and abused her very much, and made use of some oaths; I told him he was very wrong to abuse his mother, who came there to serve him; he damned her for a bitch, or somewhat to that purpose, making use of an oath; he said, she could not serve him, without she held her tongue; Dixon turned his head about to Morgan, and said damn your eyes, do not confess any thing about it, I went and told Mr. Smith, and Mr. Wright < no role > both of it, upon which Morgan was stopped.

The remainder of this Trial in the next Part, which will be Published in a few Days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 20th of OCTOBER, 1784, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VIII. PART V.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Alexander Dixon < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . .

Mr. Chetwood. Upon what occasion was you at Tothill-fields? - I was admitted an evidence against the people for Bank-notes, I surrendered as an accomplice.

Mr. Burdett. You are the person I believe, whom Newland charged with having received the Bank-notes from? - Yes, Sir, I am.

HENRY WRIGHT < no role > sworn.

You are the deputy keeper of Tothil-fields Bridewell? - I am; on the 8th of July, Dixon was committed to my custody, Morgan came on the 10th, I let him in; then came Dixon's mother, says she, have you got Morgan in, I said yes, he sat with Dixon < no role > some time, and when he was going away, I stopped him, I desired Mr. Davis to go in.

Court to Davis. When did you first repeat this conversation that you heard? - Immediately.

To whom? - To Mr. Wright.

Were you examined as an evidence upon Morgan's trial? - No, I went up with him to Sir Sampson Wright's.

Was you examined before a Magistrate? - Yes.

Did you give an account of this conversation then? - I did.

Let me look at the deposition of Davis before the Magistrate? - There is no examination in writing, I was up there and told Mr. Bond < no role > the whole.

Prisoner. I have some witnesses.

JOHN STRICKLAND < no role > sworn.

Court. Let one of the witnesses that knows William Smith < no role > go out with him, and not suffer him to come in till this witness is examined.

Mr. Burdett. Do you recollect being in company with the prisoner on the 7th of July? - I do at the Queen's-head, in Vine-street.

At what time? - On Wednesday between the hours of eleven and twelve, to the best of my knowledge.

How long did you stay with him? - Till between two and three in the afternoon, on Wednesday, to the best of my knowledge.

Who else was in company? - Three or four other persons, I do not know some of their names, there were two persons of the name of Smith.

Was there any body else there whose names you know? - No, I do not recollect any other person's name.

Do you know Morgan? - I have seen him.

Was he there? - Not at that time.

How long did you stay there? - About three, the conversation of the company turned upon a sight at Tothill-fields, we went then in company to the sight.

How long had you been at the Queen's-head in Vine-street? - From about eleven I think it was, Morgan was not there.

Mr. Chetwood. After you had been at the sight, where did you come to then? - To the same house.

What time might it be then? - To the best of my recollection between nine and ten; there was the same company, the prisoner at the bar, the Smiths, Dixon went out and Morgan with him, to the best of my knowledge.

What time did they go out? - About ten it might be, I cannot particularly mention the time.

How long did you stay at the Queen's-head? - We returned from Tothill-fields about nine, went to the Queen's-head, and staid till ten, or a quarter after; Morgan was there, sitting in the box where I was; I believe he staid there till about half after ten.

Where did you go then? - We went to the Bell, I cannot tell the sign, in Chancery-lane, it is nearly opposite Rolls-buildings.

How long did you stay there? - Till about half after eleven, I know the landlord was shutting up, and the landlord desired we would depart the house.

Was Morgan in company with you? - I know Dixon and Smith were in company, but for certain I cannot tell whether Morgan was or not; we went up to the top of Chancery-lane: Mr. Smith, who is a match-maker, and lived in my neighbourhood, he says, Jack, we will not part with dry lips, says I, I have no money; we were at a loss for a moment to know what house to go to; we went to the Pilgrim, then it was about a quarter or twenty minutes after twelve by the dial, the watchman was going twelve as we were going up Holborn.

Who went into the Pilgrim with you? - The prisoner and the Smiths, and another person whose name I do not know; there were five of us; Morgan was a t the Pilgrim, I believe there were six, there was another person.

What did you do at the Pilgrim? - We sat there, and drank and smoked.

Did all the company stay? - To the best of my remembrance they did.

Court. Till what time? - It was about twenty minutes after twelve when we went in, and to the best of my recollection we staid there till about a quarter after three; I did not recollect any one of the persons in the company being absent five or ten minutes together, for reasons I can tell the Court.

Did all the company stay all that time that came in with you? - To the best of my recollection they did.

Was you sober? - Yes.

Was Dixon there all the time? - Yes.

Was you awake all the time? - Yes; there was a Smith in company, who is a very jocose man, and he had a rope's-end, and if any person attempted to go to sleep, he would hit them with that end; that was Smith the match-maker, I believe his name is William.

As to your own part, you did not sleep? - Not much at a time, I might nod, but for this man I never slept above four or five minutes at a time; he never slept: we came out of that house together.

Who was in company when you left the house? - There was Dixon in company, Morgan, and the two Smiths, myself, and another person.

Where did you go? - We went and took a walk, and then went to the Queen's-head, and knocked the people up.

Who was with you when you went to the Queen's-head? - The same people to the best of my recollection.

Court. Did Morgan go with you to Chancery-lane, or did he come in afterwards? - I do not recollect his being at the house in Chancery-lane, but I recollect his being at the Pilgrim.

About what time do you recollect he came into the Pilgrim? - I recollect his being there at half after twelve.

Then you did not miss Morgan for any length of time after half past twelve? - He was there, to the best of my knowledge, after half past twelve.

This you give as a reason why you could not sleep for above five minutes at a time, this humour of Smith's? - It was general, and when one had got a stripe, he would tell of another, so that nobody could sleep.

Mr. Silvester. What are you? - I served my time to a stationer.

You knew the two Smiths very well? - Yes.

You knew Dixon and Morgan? - I never saw them before that night, nobody knew where to find me in company but the Smiths; I work for my brother, and have for several years past.

You have had the misfortune to have been in custody? - I was taken up on suspicion, I was going up Tottenham-court-road, and some persons laid hold of me, for what reason I cannot tell.

Shall I tell you what it was for? - If you please.

For a footpad robbery, am not I right? - I do not know.

Now this man you do not at all recollect his being with you at the Bell? - It is a house opposite the Rolls-buildings, I cannot tell the sign.

Did you meet him in the way to the pilgrim? - To my knowledge I did not, I saw him there.

How came he there? - It is a night-house, any person may go in and come away when they like.

Where was you during the last session? - What time of the month, I do not recollect what time it was.

During the time Morgan was tried? - I heard of that.

How came you then not to come and give this evidence? - I was not subpoened, I am now, if I had been subpoened I should have come, I heard the murder was committed between the hours of one and two.

And yet you say he was in company from half an hour past twelve till past three? - To the best of my recollection he was, I cannot say why I did not come on Morgan's trial, it so happened I did not.

You are as sure of Dixon as of Morgan? - I speak impartially as much for one as the other, I am not quite so clear that he was in my company, Dixon sat next to me; Morgan did not, to the best of my recollection and belief they were both there.

You are sure they were in company together before that, and went to the sight and all that? - Morgan did not go to the sight with me, Morgan came in at ten at night.

EDWARD YALE < no role > sworn.

Court. Where do you live? - In Chandos street, Covent-garden; I know the prisoner very well from a boy.

You have attended him very often? - The family.

Do you know of any particular complaint the prisoner was liable to? - Not to my knowledge, I never was sent for upon any particular complaint.

Not a complaint of bleeding at the nose? - No.

The Jury, withdrew for some time, and returned with a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.