942. ROBERT ARTZ proceedingsdefend and THOMAS GORE proceedingsdefend were indicted for feloniously stealing, on the 20th of September last, one rose diamond ring, set in gold, value 40 s. two emerald rings, set in gold, value 20 s. one silver watch, value 30 s. and two cornelian seals set in gold, value 30 s. the property of Hyam Hart proceedingsvictim , privily in his shop .

The witnesses examined apart at the request of the prisoner's Council.

HYAM HART sworn.

I live in Hemming's-row , I keep a shop of curiosities of all kinds, pictures, shells, fossils; when this robbery was committed, I was not at home; I came home half an hour afterwards.

Who lives with you? - My spouse was at that time in the shop.

DEBORAH HART < no role > sworn.

You are wife to the last witness? - Yes.

Give the Jury an account of what happened in your shop concerning these two men? - About the 20th of September last, these two gentlemen came into our shop, and they asked me, if the gentleman was within, I said no, and the tall one said I am sorry for it; I said is it any thing very particular; he said no, he wanted some glass; I told him, if agreeable, I could serve him; he said very well, they told me they wanted some fashionable punch glasses, I shewed them some low ones, and they said they wished to have the others; then they told me to reach some decanters, we agreed for the price of both, then they asked me for some large goblets, I reached them some and they agreed for them; then the young one said, that is not the business we came for, he asked me if I had any plated tea-spoons; I said yes, they said their servants were neglectful when they carried six-penny-worth of brandy and water, or rum and water into the coffee-room, they seldom got their spoons back again; I looked them out some, and they measured them, for they said it is so offensive to a gentleman when a spoon slips in; the young one said, there is a pencil case you said you wanted; with that I went behind the compter, for they made me reach down the highest things I had in my shop, and I drew out out a glass containing various goods; he asked me the price, I told him seven shillings and sixpence; he said he would give seven shillings provided the screw was good, he asked me if I had a pencil, I told him no, he desired me to send for one, he said he had no sixpence, I sent for one, and it was put into one of the glasses amongst the rest of the goods, then he pulled out a silk handkerchief and wiped his face: I had a great suspicion of them from their first coming in, when he took up the handkerchief I saw a bit of a vacancy in the case, but not knowing how my spouse had placed the things I could not be certain, Mr. Artz looked me very hard in the face, and he said, Madam, here is a little box that was taken from that place; I said, Sir, I ask your pardon, I was not looking at that; he then desired me to reach down a pair of mandarin figures, I would not reach both because I thought I saw a hand near my glass, I said to my little boy, in Hebrew, my dear, take care, for I am frightened to death: I can tell no other particulars, no further than I could not positively tell what had been in the shew-glasses, had I laid it out myself I could; I asked them for their direction, they gave it me, they told me it was Vintineer's-hotel, Carlisle-street; I told the child to run to the door and see which way they went, and he run, and they were out of sight; immediately I took out the drawers and looked them over, I could not tell what was lost: the tall gentleman says to me, come this way I want to look at some basons, I went from behind my compter to the further end of my shop, I got upon the stool and I reached some basons, and while I reached them, the sash on this side I heard move, I turned shortly, and that gentleman stood close to the sash, there hung four watches, I immediately missed a watch, I drew < no role > the sash close again, I said to my little boy I certainly do miss a watch, when my husband came in, I said to him look over the drawer, and at the sash, I am afraid I have been robbed, he immediately missed a watch, a diamond ring, two gold seals, and a great many more things that were not brought up to the Justices; it was a watch with a silver face, and two picture rings I think. I set every thing down of the clothes they had on, even the different watches they had in their pockets, one had a plain watch, and the other had a gadrooned watch, I saw their watches, they took them out, and said one to the other, come Sir, it is time to go home to dress: after I gave the description they were immediately taken.

Were they then brought back in your presence? - No Sir, they were not, I saw them at the Justices.

Were they searched at the Justice's? - I saw them at the public-house opposite.

Were they searched there? - Yes.

Was any thing found upon them belonging to you? - I was not present.

Court. What day was this? - About the 20th of September.

They began by asking for your husband, did they not, Madam? - Yes, my Lord.

What was the first thing they asked to buy? - The first thing was some punch glasses.

Did they buy any thing? - They bought some, but I was not paid for any one thing.

Did they take them away with them? - No, I was to send them home at four o'clock.

How many punch glasses did they buy? - Six.

Which of them bought the six? - Mr. Artz.

Which of the two is that; - The tall one.

Then one said to the other, that is not what he wanted? - Not immediately.

What did they do next? - They bought more things.

What things? - Decanters and goblets.

Which of them bought the decanters? Mr. Artz, they bought two pair of goblets, then they asked for some plated spoons.

Was it Artz that asked for all these things? - Yes.

What did the other do all this time, did he do any thing himself, or only appear in company with Artz? - He seemed in company with Artz; he said, he had bought half a dozen knives and forks, and they did not prove to his satisfaction.

Then you understood by the things that they bought, that Artz kept a coffee-house? - At first I did, but when they asked for so many things, and hauled the things over; I was affraid.

What was the next thing asked for, after the spoons? - A silver pencil case.

Was any of them bought? - Yes, one at seven shillings, they then asked to look at a pair of China mandarins.

They then sent you to pull out another drawer? - Yes, the drawer where the pencil cases were.

Was that drawer near you? - Yes.

When was it that you heard the glass move? - At last of all.

Did Artz buy any thing? - Yes, the two mandarins, at twenty five shillings.

What was you doing when you fancied the sash opened? - I was reaching down some blue and white pint basons.

What was it struck you then? - The other Gentleman then advanced towards the sash, and I having a pile of basons in my hand, I could not turn to look, but I heard the sash move.

By the other Gentleman, you mean Gore? - Yes.

You shut the sash? - I shut the sash afterwards.

Are you sure it was opened by one of them? - I heard it open, it goes upon castors.

Was it shut before Gore went towards it or open? - It was shut before.

What was it you thought at that time about the watches? - I could not tell what; it was a front sash with various goods, I could not tell till Mr. Hart came home.

Where were the rings? - In the drawer I drew out of the shew glass, where the pencil cases were; the spoons I fetched from the drawer.

You described one of the men rubbing his face with a handkerchief, repeat that again? - Mr. Artz took out his handkerchief and put it upon the glass, and then took it off again, and I saw a vacancy; Mr. Artz then looked very hard in my face, and said, Madam, here is a box that came out of that place, I said, I ask your pardon, Sir, I was not looking at that; I was very much confused.

They took nothing away nor paid for any thing? No, Sir, only left me this direction.

What is the direction? - Vintineer's Hotel, Carlisle-street, I said you have not put the number of your house, he said there is no occasion for any number, it is the only hotel in the street.

Were the things to be sent to them? - Yes.

Hand up the direction, how do you read it? - I never read it at all, I gave it to my husband, I think he called it Vintineer's hotel.

Mr. Sheppard, Council for the prisoner Artz. What age is your little boy? - Between eight and nine.

A clever boy? - He is kept to school.

When Mr. Hart is at home, he serves, I take it for granted? - Yes.

Had he been out the whole of the day? - He went out about eleven.

What time might this be? - About one.

Upon your moving a chain, I think, in one of the drawers, Artz said to you, that something had been removed from there, a box? - Yes.

You told him you were not looking at that? - Yes.

They continued in the shop a long time after that? - Yes.

When you went to the sash and restored it to its place, you missed a watch? - I thought so at that time, I could not tell rightly.

You told the child so? - I did.

How long after they were gone did Mr. Hart return? - I believe, to the best of my knowledge, about half an hour.

You did not say anything to the prisoners? - By no means, not if I had missed all the goods.

If you had laid out all the goods in the drawers yourself you would not have been able to have stated what you had missed? - Not in that confusion.

Consequently as you had not laid it out you are less able to say what was missing? - Therefore I left it to Mr. Hart.

Therefore you know only from the information of Mr. Hart? - Undoubtedly.

Had you at that time any servant? - None at all.

Mr. Garrow, Prisoner Gore's Council, You have had the misfortune to be robbed before? - Yes, indeed I have, more to my sorrow.

Very lately too? - Yes.

Of some things of value which you could exactly ascertain? - I cannot particularly state them all.

Then as far as your knowledge goes, whether those things that you have since found, were taken at the time that the prisoners were there, or not, you cannot say? - I am well convinced, the diamond ring I had in my hand on the Sunday morning, this was on the Monday morning; there was but one diamond ring.

As you missed the watch immediately upon going to the place, you did not apply to a constable, or any of your neighbours? - No Sir, I did not, because I was not positive.

They hung in the sash by a hook? - I believe they are hung upon the pevot.

Will you venture to swear that they were not hung upon a wire? be a little cautious where mens lives are concerned? - I do not come to the court to take away mens lives, sometimes they are hung by the pendant or the wire, sometimes by the pevot, and sometimes by a string.

What is the practice of your shop? - There are hooks stuck in.

As your's is a cabinet of curiosities, it is necessary for Mr. Hart to be very often at sales to pick up those things? - Yes.

You have the conducting of his business? - Yes.

When he came home you did not tell him you had missed a watch, but that you suspected you had been robbed generally? - Yes, I desired him to look into the sash and the drawer, and he missed them immediately.

You told Mr. Hart you believed you had been robbed? - Yes.

How does that square with your missing a watch the moment you went to the sash? - I am sure of it, I saw the vacancy; I would not wish to say more than I know, I would sooner shew lenity.

Court to Hyam Hart. When you came back, your wife says she desired you to look? - Yes, upon which I drew out a drawer of the shew-glass that goes out into the street, I opened that drawer and missed a diamond ring, next I missed two gold enamelled rings, and several other things that I could not describe, and I omitted them in the indictment; next there was a watch that I missed, my watches hang on little hooks.

Upon what she told you, you went to the Magistrate? - No, I first went up to seek for the hotel, as they left the direction; I found there was no such hotel in Carlisle-street.

Did you find them by that direction? - No, I afterwards gave the description to Mr. Jealous, and I told him the particulars of the things that I had lost, upon which he and several more went and fetched these men in the course of half an hour, with my property upon them, and likewise my shop-mark in the pocket of one of them: Jealous came down to me and said, should you know your ring; I said, it is a yellow rose diamond ring, with three roses at the top, it was marked two pounds twelve shillings and sixpence; says he, I have got your shop-mark likewise in my pocket.

Mr. Sheppard. This drawer you say goes out into the street? - It opens on the counter, and rests upon the counter.

Do you yourself take every thing out of that dr awer of a night and replace it in a morning? - If it is anything of value we do, but not every individual article.

Can you take upon yourself to say you remember every article? - That would be a very great hardship for me to undertake, but if there were five hundred different articles, I could tell that that article was in the drawer very particularly.

Are there not other articles of equal value? - Yes.

Then how can you particularly tell that? - A man must know within himself, I cannot describe the nature how I should know, but I know I put it in that very morning.

But how comes it that you can particularly pick out that article? - All the articles I take out over night, I replace in the next morning.

And there were many articles you did not take out over night? - Small articles we particularly take out.

You have told us that you did not take out all the articles over night? - If it is a large article, perhaps I may not, but small articles in general I take out.

There were a great many other watches in this glass, I suppose, of course, besides the one that you missed? - There were.

Do you take out the watches? - No, I do not.

Of course you do not take an account of your stock every morning? - I look to see whether the things hang right.

Do you count your watches every morning? - I can tell by the hooks, there are four hooks to every pane of glass, and if one is missing, it soon makes a hole.

Is it not possible, that in dusting your shop window, one article might be missing without being seen? - No, Sir, it is impossible, one watch being missing may make a great vacancy, and every watch has got this mark to it, a large piece of paper, which makes a man more particular.

Mr. Garrow. Is there any mark on the ring itself? - It is a yellow rose ring, and a remarkable fine yellow rose it is, I do not think I ever saw one to fellow it.

Do you think there is no fellow to it? - I cannot say, such a thing may be possible, I cannot deny that; but it is impossible for my shop-mark to be fellowed.

There is one hotel in Carlisle-street? - No, Sir, not that I could learn, there is one Mr. Angelo's, it is a kind of subscription-room.

Do you mean to say that there is no house in Carlisle-street that is called an hotel? - Do you mean a house of ill fame.

There are a good many of them, are not there? - How can I answer that, am I obliged to know every house? I enquired, and received for answer of several housekeepers, that there is no hotel in the street.

Are there no houses of public reception, called Taverns, in that street? - I never was in one, that is all I can say.

Are there not more houses than one that they call taverns in Carlisle-street? - There are several public houses.

You remember taking this ring out the night before, when you shut up shop? - I remember it particularly well, I saw it on Monday morning, I had it on my finger on Saturday and Sunday, that very ring, but I assure you, Sir, it will be as much satisfaction to me, if the honourable Court should find the prisoners not guilty, and more, than if they find them guilty; I have children of my own: all that I do in coming here, is to satisfy the laws of my country.

Do you remember the making an appointment with anybody about the settling of this business? - I do not recollect my making any appointment, but I recollect people coming to me.

You have been robbed very frequently lately, have not you? - Yes.

Have you lost any diamond rings before this robbery? - No, Sir.

You cannot tell what things you lost of those former robberies? - Yes, I can, I keep a book.

Pray what fort of diamond ring is this that is the value of two guineas and a half? - It is the value of it, I gave forty shillings for it.

A very fine rose diamond ring! - I say a yellow diamond ring, I never saw one of the colour, it is a fine bright yellow rose, it is as elegant as the first water white by being a fine yellow: Jealous has had it in his possession ever since.

CHARLES JEALOUS < no role > sworn.

About three o'clock in the afternoon the prosecutor came to me, and said his shop had been robbed by two young men in drab coloured coats; I think to the best of my knowledge that he mentioned whips in their hands, I suspected who they were; I went with an officer into Crown-court, Bow-street, I cannot say the number of the house, I went up one pair of stairs, and saw the prisoner Artz in the room, he had no great coat on, his great coat was hanging up on a door that led to a back room, I then searched him, and I found a ring upon his finger, and in his pocket a little bit of paper, which has wrote upon it,

"a diamond ring, 2 l. 12 s. 6 d." I then looked round the room, and under the grate in the fore room, I found this diamond ring, I found a pair of knee buckles; I found nothing else.

Did you go any farther? - The other officer searched the other prisoner, he was up two pair of stairs in the same house, the other officer went up to him, his name is Dixon.

Did you acquaint the prosecutor what you had found? - I did.

Did you ask him what the mark of his ring was? - No, I did not, he said he had lost a diamond ring and two other rings.

Did you enquire what the mark was? - No, I did not.

(The ring deposed to.)

Prosecutor. They are my property.

Look at that piece of paper? - That is my hand writing, that is my shop mark, the ring was stuck down in it.

Court. The description is a very general one; what led you to this house in Crown-court? - It was a suspicion that arose between me and my fellow servant who they might be.

That description was enough to lead you to the house in Crown-court, where you believed they were? - Yes.

Mr. Garrow. Crown-court, I believe, is a place inhabited very much by women of a certain description? - It is.

ALEXANDER DIXON < no role > This name instance is in set 1539. This set is in the group(s): GarrowsClients . sworn.

I went with Jealous on this search, he went in the one pair of stairs, I went in the two pair, where I found the prisoner Gore, I searched him, and found nothing upon him that is mentioned in this indictment; I found none of Hart's things; he was looking into the church-yard.

Was the watch ever found? - Never, we searched the church-yard, we thought it was thrown there.

Court. Robert Artz < no role > , what have you to say in your defence.

PRISONER ARTZ's DEFENCE.

I am by business a pawnbroker and dealer in goods, I am well known by every man in the business to purchase things at sales; I am known by very many: I am apprehensive that these things had been purchased by me the day before; I had upwards of thirty-five watches and other things, the property of a gentleman at Portsmouth, I live at Wandsworth, and if they had been produced he would have sworn to them, I make no doubt; I have subpoened him: I have had five or six different Jews, who came to me and offered to make it up, first proposing a hundred pounds, and then forty; I am informed the things are the property of one Judah Levy, who keeps several of these shops. He has several times offered to make up the affair; I know myself innocent of the matter, I do not know these things are Mr. Hart's property: I submit myself to the mercy of the Gentlemen of the Jury; I am conscious of my own innocence.

The prisoner Artz called four witnesses who gave him a good character.

Prisoner Gore. I leave my case entirely to my Council.

The prisoner Gore called five witnesses who gave him a very good character.

ROBERT ARTZ < no role > , THOMAS GORE < no role > ,

GUILTY , Death .

Prosecutor. It is a very great hardship to see two such young men as these come to an untimely end, may I be permitted to recommend them to mercy.

Tried by the second Middlesex Jury before Lord LOUGHBOROUGH.