236. THOMAS BURDETT proceedingsdefend This name instance is in set 1535. This set is in the group(s): GarrowsClients . , SAMUEL ARMSTRONG proceedingsdefend , and WILLIAM BROWN proceedingsdefend , were indicted for burglariously and feloniously breaking and entering the dwelling-house of John Chancellor proceedingsvictim , about the hour of seven in the night on the 9th of February , and burglariously stealing therein ten metal watches, value 20 l. four silver watch motions, with quarter dials, value 30 s. six silver watch-cases, value 30 s. six metal watch motions, value 30 s. four cases, value 10 s. three silver watch motions, with barr quarter dials, value 15 s. thirteen pair of watch cases, value 15 l. twenty pair of silver watch cases, value 15 l. a metal chased watch case, value 22 s. twenty-two silver repeating pendents, value 5 s. two other watches, inside and outside cases made of silver, value 40 s. six watch movements, value 20 s. twelve silver tea-spoons, value 20 s. and a paste shoe-buckle, value 10 s. a pocket-book, value 2 d. his property, one bank note, No. 2936, dated the 21st of January, value 10 l. one other bank note, No. 2937, bearing date the 21st of January, value 10 l. one other bank note, No. 2938, value 10 l. the said notes and every of them being the property of the said John Chancellor < no role > , and the several sums of money due and secured on the same notes being then due and unsatisfied .

(The witnesses examined separate at the request of the Prisoner.)

JOHN CHANCELLOR < no role > sworn.

I live at No. 2, Holloway Mount, near Shoreditch , I am a watch-maker . The prisoner Armstrong was my finisher ; he was my servant . I went out about two on Thursday the 9th of February; I had that day received three bank notes, and I told the prisoner Armstrong that I had money in the house, before I went out to dinner, not suspecting him, and when I returned, I found my house full of people, on account of the alarm given of the robbery by Armstrong and my other servant, Elizabeth Johnson < no role > ; I lost the things contained in this inventory.

Have you found any part of your property again? - There is a watch that is produced, maker's name William Caple < no role > , No. 145.

ELIZABETH JOHNSON < no role > sworn.

I am servant to Mr. Chancellor; my master's house was robbed on the 9th of February, as near seven as I can recollect. This young man that was in my master's house, that is Armstrong, he and I were going to have our tea, and somebody knocked at the door; he got up, and went to the door; I says to him, ask who is at the door; he went and asked who was there, they said they had some work, is your master at home? he said yes, and he opened the door, and cried out, Oh, Lord! I was a little alarmed; I sat in the kitchen to see who came in; I could not hear nor see any body come in for the course of a minute; then this man the prisoner Burdett came in, with his face half covered with a handkerchief; he presented a pistol to me, and said, if I resisted he would blow my brains out; I told him I would not resist, if he would spare my life; he then came round me, and put his hands over my eyes, and tied his handkerchief, or something, I cannot say what, over my eyes; then he took my hands, and tied them down behind me; then he got a blanket I had been ironing upon, and threw that over my head, and took my apron, and tied that round me with the string. I was in that situation while they robbed the house; they were in the house near a quarter of an hour, as near as I can recollect: while they were there, Samuel Armstrong < no role > made use of the words, pray do not take that watch, that is my master's watch; that was a watch that was laying on the mantlepiece; then they d - d me, and asked me what time I expected my master at home; I told them I expected him at the door every minute; then I heard them go out of the kitchen, and call Murphy; they came down stairs, and came round me, and opened the drawers of the kitchen; I heard them, and they told me if I did not tell them where my master's plate, and money, and notes were, they would blow my brains out; then I told them they must, for I did not know; then they went out, and I heard them bid one another good night, I cannot say I knew the voice; the young man Armstrong I heard him the other side of the kitchen where I was, and he said, Oh Lord! what have they taken? I answered, and bid him told his tongue; he then came round to me, and he put down his head, and I asked him if they were all gone, and he said yes, they were all gone. He took the blanket off me, and untied my hands.

How many did you observe in the kitchen? - I did not see any person but this Burdett.

Do you know him again? - Yes.

Prisoner Armstrong. Whether before I I told you they were all gone, you did not bid me go and look? - I deny that.

Mr. Garrow, Prisoner's Counsel. The kitchen is on the floor with the street-door? - Yes.

You saw but one person? - No.

His face was covered with a handkerchief? - Yes, the lower part of his face was covered.

Had he a round hat? - I cannot tell whether he had a round hat or a cocked one; I know his face, but I do not know his hat.

Consider that the lives of three men depend on what you say; and you was a good deal frightened? - Very much.

Do you mean to say upon your oath that you are able to swear to the upper part of a man's face, whom you never saw before, and whom you do not know what sort of hat he had? - I can; but I do not know what sort of hat he had.

Had he any hat? - I do not know, I judge from the size.

There may be more of the same size; how long had you lived with the prosecutor? - I had been in my master's service one month the 13th of February.

I believe you was taken into custody? - Yes, I was.

Do you recollect that four other persons, not the prisoners at the bar, were first taken into custody on suspicion of this burglary? - No, Sir.

Do not you know that other persons, besid es the prisoners, were taken into custody on this charge? - I do not know that they were.

Do you remember being at the magistrate's with your master, when he told you, you should see the persons that were accused? - I do not.

Did not your master, while you was in custody, and before you had seen either of these persons, tell you that there were persons that he meant to shew to you? - They were not shewn to me, I was called on one side by the gentlewoman at Mr. Wilmot's house, and she asked me if I knew any person in the room; I looked through the glass over the door, and saw Burdett there.

Had you ever seen Burdett before in your life? - Never to my knowledge, I had a light on the table when they came in.

How much of a minute, or the third part of a minute, was it, before you was blindfolded? - I do not know.

May be he waited a quarter of an hour looking at you, and contemplating? - It was done as soon as possible.

Do you recollect your master's telling you that he had four persons to shew you, and that you told him it was quite unnecessary, for you should not know none of them? - No, Sir.

Do you mean to swear that nobody said so to you? - Yes, I do.

What situation was Armstrong in, do you happen to know that a handkerchief was thrust into his mouth, and that his hands and legs were tied? - I do not know; I heard him speak, and desire them to spare that watch which lay on the mantle-piece.

May be it was for you to cook the dinner by? - I do not know.

Do you recollect any thing about Rapson when these people came to the door? - No.

Has you master a man of the name of Rapson? - Yes; I heard the men say, I have brought some work, is your master at home.

Did not the man say that Rapson had sent some work for your master? - Yes.

What was you doing? - We were going to tea, I was making a toast.

Are you still a servant in Mr. Chancellor's service? - Yes.

Court. You have not lived a month in the service? - No, Sir.

How long had Armstrong lived in the house? - I believe he had been there about a fortnight, he came after me, he was a workman, not a house servant, he did not lay in the house.

They asked you where your master's plate and money was, you told them very readily, that you did not know; did you in fact, know where the plate and money was kept? - I did not know where the plate was kept, I knew there were three dozen of spoons that were sent from Dublin.

Mr. Silvester. Was this your own watch? - It was not.

Prisoner Armstrong. She was taken to look at four men, and one of their names was John Grey < no role > , and she said several times in the hearing of Mr. Jones, that she could not swear to any of these, it was useless to go look at them. - I deny that.

JAMES SHAKESHAFT < no role > sworn.

I am one of the officers; on Thursday, the 9th of February; about half after seven, Mr. Harper, Onslow, and I, and Mr. Bamford were at the office, and there came a young man, and said there had been a robbery at a house in the Mint, it is not above five minutes walk; he said the house had been robbed, I went to the door, and there were the maid and Armstrong, I made what enquiry I thought proper, I waited till Mr. Chancellor came home, he saw his house was ransacked, and I told him I saw plainly this robbery happened by somebody that knew the house, and I advised him to give charge of the servants, he did so, the next day they were fully examined, the girl was discharged, at dinner time; the prisoner Armstrong says to me; I will make you a compliment, if you can set me at liberty, that was the next day after the robbery, Mr. Chancellor came at night to see how the business had gone on, I said to Armstrong, have you got any thing to say to the magistrate, before you go to gaol.

Mr. Garrow. This was after dinner? - Yes.

Was not Armstrong very drunk? - He was as sober as I am now; I told him what he had to say, he might say before the magistrate.

Was not that so communicated to him, and so understood by him, to your knowledge, that any thing he said might possibly be to his advantage, was not it under that impression; had not you previously prepared his mind by those sort of suggestions? - I did not know but what the magistrate would commit him.

My question is a very plain one, capable of a very plain answer? - I told him with a view that he might be an evidence.

But do not you believe that what he said was under an impression that it would be better for him? - He might say it with that view.

Was not it under such an impression? - I cannot tell but what it might.

Mr. Garrow. I object to this confession being received.

Court. I cannot receive his confession under that impression.

- TRIQUET, Esq; sworn.

I am the magistrate before whom this young man was brought, he was brought to my house near nine at night, he was perfectly sober, as much as I could discover, I could not perceive him to be at all disguised in liquor, he was referred for a further examination, he came with two or three officers, I was informed that he wished to say something to me.

Court. Now before he told you what it was he wished to tell you, did you say any thing to him? - I told him I would go to my office, the clerk being there, it would be more convenient, besides there was a number of people; I went to the office, and when I came there, he wished to open his mind to me, he asked me if he could be admitted an evidence, upon telling me what he knew of the matter; I was a little cautious respecting what he might tell me, that perhaps it might not amount to sufficient evidence, and therefore told him, that unless he could produce sufficient evidence, with some of the property sufficient to convict two of the offenders or more, I could not promise any such thing; he then wished to speak to Mr. Chancellor; they went into another room, and had some conversation together; when they came in again, I asked them both what had passed, Mr. Chancellor told me that the prisoner had wanted to extort from him a promise not to appear against him, if his evidence should not amount to what we expected, and to bear him harmless.

Was that in the prisoner's presence? - Yes; I understood that something had been intimated by him on that score, upon which I was rather angry with Mr. Chancellor for having held a discourse of that nature, without acquainting me, for I thought he had no right or power to make any such promise, nor would I consent to undertake any thing for the prisoner, till he had absolutely recanted that before me, and declared that he would make no such promise; upon which Mr. Chancellor declared that he recanted what had passed, and that he would be under no kind of promise whatever.

Court. With the supposition you have stated, he had reason to expect he should be admitted? - Undoubtedly.

Court to Mr. Silvester. It seems to me that this confession cannot be received, though Mr. Triquet proceeded with proper caution; as to the fact of admitting him an evidence, he is guilty of no breach of promise in suffering this prisoner to be brought to his trial; for he is not a judge of what evidence will be given, and he makes a discretional promise; I cannot receive that confession.

Mr. Triquet. I meant to say, that when he was brought up again, he denied the truth of all that.

Mr. Silvester. Tell us any thing else you know, but the confession.

Mr. Garrow. You understand that you are to tell us nothing that he said to you of any sort, but you may tell us any facts? - I have a watch here which the prosecutor swore to; this watch was produced by one Hannah Oseley < no role > when Knotely turned evidence, a week since, she produced it before the Magistrates.

Were all or any of the prisoners present when it was produced? - They were present when it was produced by Hannah Oseley < no role > ; she said she received it from Burdett, in Burdett's presence; that he came to her about eleven on the night of the robbery, and brought it to her.

What did Burdett say to this? - He denied it all; this watch has been in my possession ever since; it is the same.

HANNAH OSELEY < no role > sworn.

Who do you live servant with? - With Mr. Knotely.

Which of the prisoners do you know? - Burdett.

When did you see him? - On the 9th of February, between ten and eleven; he gave me a watch, he told me to save it till my master came home; I delivered it to the officer; I told him my master was gone to a cock-fighting in Portpool-lane.

Did you see Burdett after that? - No.

Do you know any of the other prisoners? - I know Burdett and Brown by coming to my master's house; I know nothing of the prisoner Armstrong, having never seen him before.

Mr. Garrow. Mrs. Oseley, do you know Mrs. Moses? - Yes.

Where does she live? - In Woolpack-alley, Houndsditch.

What, with Mr. Knotely? - Yes.

She is your mistress? - Yes.

Mr. Knotely is your master? - Yes.

Which of the Moses's is this, is it the old fence or the young one? - She is no fence.

I see you know what the word fence is? - I do not.

No! why then how happened it, was it by intuition, or a strange illumination, you should know what I meant: how long have you been with this pious family of the Knotely's? - Off and on these two years.

Whenever Mr. Akerman did not find them servants, you attended them; how often has he been in trouble within these two years? - But once.

Only once! Was that for the assault with intent to rob, or for the burglary, or the murder? - Murder!

Oh, that you deny with both your hands; did you live with him when he was ordered for transportation for fourteen years? - No.

Did you live with him when he was ordered to the ballast lighter? - No.

Had you ever any conversation with Mr. Knotely about this watch? - When my master came home, he was very much in liquor, and he told me to save it till the morning.

The whole Friday intervened; now upon your oath, did not he desire you to keep it, in order that it might be evidence against some other person on a prosecution? - I offered it to Mr. Knotely; he told me to save it till he asked me for it; I never gave it to him afterwards. I kept it in my pocket, and directly as my master was taken, I put it under the stairs; my master sent for it.

So when your master got into the hands of the traps, then he sent for the tick; you understand that, it is no Hebrew to you; your master got into the hands of the traps? - Yes he did.

So you know what traps are then; upon your oath, did not he tell you that he should not be believed by a jury of Englishmen, unless you should confirm it? - He was going to make a present of it to somebody in the country.

You swear that? - Yes; I do not know the name of the person; I carried it to Mr. Wilmot's.

And there I suppose by a strange accident you was laid hold of; what way of business is your master in? - I do not know.

(The watch shewn to Mr. Chancellor, and deposed to.)

Prosecutor. This is one of the number that was lost.

RICHARD KNOTELY < no role > sworn.

Where do you live? - In Woolpack-alley.

Hannah Osely < no role > is your maid? - Yes.

Mr. Garrow. Do not you profess to be a Jew? - I am not a Jew.

Have not you sworn in the course of your life upon the Old Testament? - Not to my knowledge.

Have you never sworn with your hat on; have you always taken the oath as a Christian? - Yes Sir, I am one.

A great honour to any religious persuasion! What do you know of this robbery of Mr. Chancellor's? - On Thursday night Thomas Burdett < no role > This name instance is in set 1535. This set is in the group(s): GarrowsClients . came to me, and told me that Armstrong had been to tell him that his master and mistress were going out at six o'clock, and that if we would come, he would let us into his master's house; he had been with Tom Burdett < no role > This name instance is in set 1535. This set is in the group(s): GarrowsClients . about three, and a little before six he came to us, and told us that his master was gone out, and his mistress was going after him; we went and knocked at the door, and this Armstrong he opened it, and let us in, and he told us that his master had been to receive some money out of the bank, and that he kept it all in the one-pair of stairs, backwards, and the watches were in the two-pair of stairs forwards. We went in; Tom Taylor < no role > and Burdett tied the girl's arms, and I tied Armstrong's legs, he would not have his arms tied; and we went up stairs, and in the one-pair of stairs we found three ten pound bank notes, and some watches; I asked to keep one of the watches, I gave them twenty shillings for it, they brought the money for the others; I gave the watch to the girl, as I was going to a cocking.

PRISONER BURDETT'S DEFENCE.

I know nothing about it; I have three people I wish to call in.

Court to Prosecutor. What time did you dine out that day? - Between two and three.

You said Armstrong understood from you that you had money in the house? - Yes, I mentioned to him three ten-pounds bank notes.

Did he know that you would return after you had dined? - He might, or he might not.

(The witnesses for the Prisoner Burdett called in, and examined separate.)

LAWRENCE BRIEN < no role > sworn.

I live at the King's Head, in Golden-lane.

Are you acquainted with the prisoner Burdett? - I have known him backwards and forwards ever since I kept the house; I remember his coming on Thursday the 9th of February; he continued in my house half an hour or better; he went out, he returned again, and supped, and continued afterwards at my house till twelve o'clock.

Who supped with him? - I was backwards and forwards in the room with him and my wife; his wife supped with him, and nobody else, but me and my wife; I did not see Mr. Webber; there were several in the tap-room; I am sure as to the day, because I received some money that day upon a bill that was owing me from a customer of mine.

Is that any thing particular? - I am sure that was the day.

Are you sure as to the time of night that he was there? - From nine till about half after nine, and then he went out, and then he came back, and staid till twelve.

What time did he come back to supper? - It might be ten, or a few minutes after or before; he was about half an hour absent from my house.

Mr. Silvester. You live in Golden-lane? - Yes.

Have you got your books here? - No, Sir.

What had he for supper? - Some mutton stakes; my maid went to call him when the stakes were ready.

THOMAS WEBBER < no role > sworn.

I live in Golden-lane; I am a butcher, I live with my father. I know nothing particular of Burdett, I have drank with him several times; I saw him last Thursday fortnight, I promised to have some mutton steaks with him, but I did not; in about a quarter of an hour or twenty minutes after, I went to Brien's, and there was Mr. and Mrs. Brien, and Burdett and his wife; I staid drinking with them till twelve at night; he came in between nine and ten, and I suppose it might be twelve when he went away.

DIANA MASON < no role > sworn.

I live in Golden-lane, I am a married woman. The evening of the 9th of February, I went into Mr. Webber's shop, and Mr. Burdett came in, and desired some mutton chops, about half after nine, Mrs. Johnson, that is Burdett, I meant to say Burdett -

Who put it into your head? - I do not know that I said Johnson, I do not know a Mrs. Johnson; she went away, and came in a quarter of an hour after with the prisoner Burdett, and I left Mr. and Mrs. Burdett at Mr. Webber's; I believe they supped next door.

PRISONER ARMSTRONG'S DEFENCE.

The circumstances of the robbery have been misrepresented: I went down to tea, the maid was toasting a toast at the fire, and there was a knock at the door, it was a gentle rap; the maid desired me to go, I asked her to make me some toast; she said, will you go to the door, I said yes, without any hesitation: when I went to the door, I asked who was there, I was immediately asked if Mr. Chancellor was at home; I said no; somebody said it is Rapson; I opened the door, and one man rushed in, and put his handkerchief over my face, and immediately Knotely rushed in; they swore bitterly; then they bundled me into the kitchen, and then I saw the tail of the maid's apron over her face; they staid about ten minutes up stairs, and came down; they wished one another a good night: there was a watch on the mantlepiece, one of them, the man that stood over me, said this watch was his; I said, do not touch it, it is my property; they went out, and shut the door, I got one arm untied. What I wish to speak is through humanity; when the maid was brought to swear to four men, she said it was all in vain, she could not swear to any of them.

THOMAS BURDETT < no role > This name instance is in set 1535. This set is in the group(s): GarrowsClients . , GUILTY , Death .

SAMUEL ARMSTRONG < no role > , WILLIAM BROWN < no role > ,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Armstrong. It will be happy for you, if the escape you have had should be effectual to your amendment; but there is too much reason to fear that it will only operate to the commission of fresh crimes, in which case you can expect no mercy; in the present instance, a strict adherence to justice, on the part of the jury, has saved your life.