271. THOMAS BURDETT proceedingsdefend This name instance is in set 1535. This set is in the group(s): GarrowsClients . , WILLIAM BROWN proceedingsdefend , and HENRY FAWCETT proceedingsdefend , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Ann Palmer proceedingsvictim , about the hour of four in the night, on the 1st day of February, and burglariously stealing therein a woollen great coat, value 10 s. and a man's hat, value 2 s. the property of Thomas Hinchcliffe proceedingsvictim ; and a sattin cloak, value 2 s. two silver castor spoons, value 12 d. and one iron key, value 1 d. the property of the said Ann Palmer < no role > .

(The witnesses examined apart.)

WILLIAM LEE < no role > sworn.

I live in Old North-street, Red-lion-square, I am now a servant to Mrs. Palmer. My mistress's house was broke open the 1st of February, I cannot say the hour, between going to bed and rising; I was last up in the house the evening before, I went to bed between eleven and twelve; I fastened the door and windows up stairs, the parlour, the nail, and the store-room; the cook fastens below, but I saw it was all fast.

Who was first up in the morning? - The maid; she is not here; the public-house-man alarmed us about seven in the morning, seeing the kitchen window open; they came and called me, and I got up directly; the cook-maid came down first on the alarm, and let in the public-house-man; she called me up, and when I came down, I found the lower part open entirely, one of the kitchen windows broke open; it was fastened with two bars and an inside shutter, one side of the shutter was broken off entirely, one of the bars broke, and the other taken away entirely.

What things were missing? - Two small silver castor spoons, one a pepper, and the other a mustard spoon; an old sattin cloak, that hung in the hall; a gentleman's great coat, a hat, and the key of the door. The officer came to let us know that the prisoners were taken; it was one morning after, but I cannot tell how long.

About how long did you understand that it was that some persons were taken up? - I really cannot say, nor I will not pretend to say.

Was it yesterday? - No.

Was is it the day before? - It is about a week ago, or very nigh ten days; a coat only was found.

Mr. Knowlys, Prisoner Fawcett's Counsel. You was not at the finding of the coat? - No; I have seen it since it was found.

Court. Did you know the great coat, whose was it? - It was one Mr. Hinchley's, who was on a visit at the house at the same time. I have a crow that was left behind; there was one inner door broke open, and the crow was close to the door.

JOHN ARMSTRONG < no role > sworn.

I produce a coat and hat; I found the coat in the prisoner Burdett's house, up stairs in the bed-room, on the 20th of February, Monday was a week; I went by order of the Magistrates to fetch them up, and in the morning I saw Fawcett with a great coat on; then I went to fetch the great coat by order of the Magistrates, and I said to the prisoner Fawcett, Harry, I am come for the great coat; he had no great coat on then; says Fawcett, I was aware of that, I knew that Nodely was a rogue, and I have sent it to hell by this time; I then went to the house of Burdett, and there I found the great coat hanging up in his room; I carried it to the house in Red-lion-square; I saw a great coat on Fawcett that morning, but I cannot swear it was the same I found at Burdett's, it was a coat like it; this is the coat I found in Burdett's lodgings.

Mr. Knowlys. What are you? - I am an officer belonging to St. Leonard, Shoreditch.

What office do you generally belong to? - Mr. Wilmot's.

How much will the reward for the conviction of these three men amount to? - If convicted, the reward will be paid by the county.

What will it amount to? - It will amount to a hundred and twenty pounds.

How long have you been in the habit of receiving these rewards? - I have been an officer these three years; but I neither took Fawcett nor Brown.

Fawcett and you may not have agreed lately? - I never saw any misbehaviour in the prisoner Fawcett in my life; I have had him in custody, but he always behaved extremely well.

Look at Fawcett now; do you think the great coat he has on now, is not pretty much like that he had on that day? - I will not undertake to swear, that the great coat he had on that morning, is not the great coat he has on now.

He knew you was an officer? - Yes.

He said this to you alone? - Shakeshaft was with me; he is gone to Hertford.

Court. Where was that hat got? - It was delivered to me by the evidence, Nodely.

Who was at Burdett's house when the coat was found? - His servant, a little girl, and a woman that was ironing.

Now confine yourself to the question I am going to ask you; did you receive any information, but do not tell me what information, how the great coat came to Burdett's house? - Yes, I did.

From whom? - From the servant of Burdett, a girl about fourteen.

There is nobody from Burdett's house to account how the coat came there? - No.

- HINCHCLIFFE sworn.

Look at that great coat? - To the best of my knowledge, this is my great coat; here is a particular mark on it, a piece was fine-drawn in my coat, just by this button, it was so in this great coat. I was at this house upon a visit; I heard a great deal of noise, I was extremely unwell; I got out of bed, and whether that alarmed them, I cannot say; it was a very windy night, and that made it uncertain where the noise came from.

RICHARD NODELY < no role > sworn.

It was proposed to go to this house in Red-lion-square, we saw it was easy to get in.

Court. Give a full disclosure of all you know? - It was not me that fixed upon it.

You know the reason for fixing upon it? - They said it was a good-looking house, it was easy to get in.

What observations had been made on the house, to induce you to fix on that particular house? come, Mr. Nodeley, if your life has been spared, that you may give information, the Court will expect that you give full information; it is never too late to prosecute an evidence that holds back, you must disclose the whole truth; what was the inducement to single out this house? - Only the case of getting in.

What was observed with respect to the fastenings of that house, and the ease of getting in? - There being nothing but inside shutters, and them we put our feet against, and shoved them in.

How long time had these people and you been connected? - Seven months; we used to take it in turns to go round, and see how we could get in, in the night; we fixed to go to this house at three in the morning.

Did you go? - Yes, three of us, Burdett, and Brown, and me; we went, and shoved the window up, and I put my feet against the shutter, and shoved them open, and Burdett and me went in.

Did you make use of any crow, or any instrument, to force open the shutters? - We made use of no instrument.

What means did you make use of, not to alarm the family? - It all tumbled down together; there was noise enough, but nobody heard it.

What did you do upon its tumbling down and making a noise? - We came out again, and staid some time to see whether any body was alarmed, before we went in.

How long did you wait? - About half an hour.

What became of the watchman all that time? - He was in his box, about fifty or sixty yards distance.

Was this window in the square, or in the street? - In the square. The watchman came round, just as we were coming out of the house; we came out before that, to see if any body heard us, and he never came out of his watch-box; we were at the door coming out when he was coming by, while he was feeling the shutters, we let him go away.

Was not it very easy for him to have seen this window open if he had looked down the area? - Yes; that was what we came out for; for we were afraid that he would come round there, and see that window open.

Did not he go round that side to look? - Not that I know of.

How long after he had left the shutters of the hall, did you come out? - That minute, after he got into the square.

Had any body spoke to the watchman that night? - No.

Are you sure of that? - Yes.

Which of the watchmen was it? - At the right-hand corner of the square.

Was it the corner going towards Bloomsbury? - I do not know which is Bloomsbury.

Will you tell me that? - I do not, indeed.

Prisoner Burdett. He knows Bloomsbury well; for he was one of those that broke into the Lord Chancellor's house, and had the grand seal, and the Speaker's gown he had.

Court. Do you mean to swear that you do not know the way from Red-lion-square to Bloomsbury-square? - If I was there, I could know the way, I never lived up that way.

Mr. Hinchcliffe. It is the house nearest Bloomsbury-square.

Court to Nodeley. Was it the watchman the same side of the way that the house is? - Yes.

That is the corner of Orange-street? - It is the west corner of the square.

Court to Mr. Hinchcliffe. This examination has been directed for the security of the neighbourhood; have any steps been taken with the watchman? - The watchman said he had been eight years employed, and I told the person who regulated the watch, that I thought the watchman did not do his duty.

Court. You may inform them, that if they do not dismiss this watchman, I shall direct a prosecution against them for gross neglect of their duty; for it appears, that this house was broke open in a manner that any passer-by might see, and though they were half an hour in the house, he came by in the mean time, and took no notice.

Nodeley. We broke open the kitchen-door with a crow, and went up stairs into the hall and parlour; we found two little tea-spoons, I do not know whether they were in the parlour or no; we took some new linen, and a hat and a coat.

You did not get so good a booty as you expected? - No.

Who watched, while Burdett and you went withinside? - Brown.

Without? - Yes.

Did Brown join you when you came out again? - He and Fawcett were at the top of the street; he was to have come at three o'clock, but he failed in his appointment; Brown was obliged to walk away, when the watchman came round; there was an argument held between us, what we should do with the things, so it was agreed that Brown should have the linen; we tossed up for the linen, and he won it; Burdett won the spoons, and I had the coat, and Fawcett he put a crown against it, and tossed up who should have both, and he won the coat; Fawcett was in the prison with me, he had got a coat on like that, which we took out of the house, but I cannot swear it was the coat, he had two or three of them.

Mr. Knowlys. You come here to-day by the name of Nodeley? - Yes.

You have answered to that name? - Yes.

Where did you come from? - From Hertfordshire.

That will not do for me; where was you last night? - At Clerkenwell.

What part of Clerkenwell? - In the prison.

How many names may you have gone by in your life-time? - By no other.

Have you never gone by the name of Country Dick? - Yes, they have called me so.

Were you never convicted by any other name than that of Nodeley? - No, never.

Do you not recollect your standing at that bar, and being convicted under the name of Nathan? - I dare say it has been so reported to you, but it is very false; I never was convicted, but as a vagrant.

How long ago was that? - About two years.

Never convicted of picking pockets? - No, Sir.

Court. It is loss of time to impeach his credit; he stands here as an abandoned thief, who has saved his neck from the halter, and it will be happy for him if it is a warning to him.

ALL THREE NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.