609. (L.) James Payce proceedingsdefend , was indicted for wilful and corrupt perjury on the trial of Edward Dixon < no role > at the Old Bailey. ++.

See Number 443.

Note, There were three indictments against Dixon that Sessions for smuggling; that upon which he was cast was on the 8th of October, 46; the second the 13th of February following; and the third on the 11th of March.

David Keaitly < no role > produces a copy of the record of the conviction of Dixon.

Mr. Walter Lee. I saw the prisoner sworn upon that trial.

Thomas Gurney < no role > . I attend here to take minutes, &c. I remember the trial of Dixon; and that, after the evidence for the crown had finished their part, the then prisoner said, I deny the whole of it, calling two witnesses. The first was Clayton, who called himself a butcher, and said he lived in Hanover-yard. He deposed, that Dixon was his journeyman in the year 46; that he came in June, and continued with him ten months successively, and never lay out of his house a night in that time. The other evidence was the prisoner at the bar, who deposed he knew Dixon in the year 46; that he was Clayton's journeyman; that he had used to buy his meat of Clayton, and that Dixon was the man that used to bring it home; that he used to give him a dram, and talk with him about shooting; that this was about Midsummer; that he went that year to Sturbridge fair, and also to Bristol fair, and would fain have taken Clayton with him to the last mentioned place; that after his return from Bristol, which was on the 27th of July, he went to collect his rents, where he had estates, in Northamptonshire, Warwickshire, and Buckinghamshire ; that he had at that time a mind to have taken Dixon with him, to have been his game-keeper; that Dixon was at Clayton's when he set out; and that when he returned, which was about six weeks after, he was gone.

John Lion < no role > . I keep a publick-house. I know the prisoner very well. I live in Hanover-yard, and have for these sixteen or seventeen years. I also know Samuel Cleyton < no role > , a butcher; he lived the next door to me in the year 46; he lived there about seven years, when he was taken up. I have dealt with him very often.

Q. Did you know his man servant?

Lion. He never had one the time he lived in Hanover-yard. He had a son and a daughter; she is about fifteen or sixteen years old. He had also a kinsman, who being sometimes out of place used to come there.

Q. Was his name Edward Dixon < no role > ?

Lion. No, Sir, it is not. His business was so low, that he might have done twice as much business himself, if he had had it. I used to trade with him when his meat was good, he being a neighbour. In the year 47 I moved over against him, and I could from my house have seen every thing done in his shop. If there had been a man I am positive I must have seen him.

Q. Are you certain he had no servant in the year 46?

Lion. I am positive he had none. I was often at his door, and often in his shop, perhaps two or three times a day.

Cross-Examined.

Q. How came you to six upon the year 46?

Lion. I say the same of all the time he lived in Hanover-yard.

Q. When did he come there?

Lion. I believe he entered upon the house seven years ago last Michaelmas.

Q. Dare you venture to swear he had no servants abroad?

Lion. I can venture to swear he had none at home; if he had one abroad, they must also buy their meat abroad, or I should have known of him, had he come for it there.

Q. Was not there an old man, named Major, used to carry out meat for him?

Lion. Perhaps there was, for a dram or a half-penny, but no hired servant.

Q. Had he used to use your house?

Lion. As my house is opposite to his, he used to come in and smoke a pipe, and observe his shop, &c.

Counsel. Then you seem to have had a great opinion of him?

Lion. No, I cannot say I had.

Q. Did you know one Dixon?

Lion. No, I did not.

Q. Might he have employed one Dixon abroad, and you not know him?

Lion. I can't answer for what is done out of my sight.

Q. Have Clayton and you ever quarrelled?

Lion. No, never; but having heard that he had stole a pint mug at Wapping, and two silver falts, whenever he came into my house to light a pipe, which perhaps might be six or seven times a day, I used to follow him, fearing he should steal something.

Mrs. Lion. I live at the King's Arms in Hanover-yard. The other evidence is my husband. I know Clayton; he lived next door to us, when he first came there. He has lived there about seven years.

Q. Do you remember his living there in 46?

Mrs. Lion. I do.

Q. What do you remember it by?

Mrs. Lion. Because of our removing in 47. He had neither man nor maid as a yearly servant in his house the time he lived there; if he had had either, I am positive I should have seen them. He had not business sufficient to keep a man; he was not very well liked in the neighbourhood.

Q. Are his wife, son and daughter living?

Mrs. Lion. They are all three.

Cross-Examined.

Q. Have you been often in his shop?

Mrs. Lion. I used to go for meat, and to carry in beer.

Q. Had he never a man for a single day?

Mrs. Lion. I cannot say for a single day.

Q. Might he not have a man for two days, and you not know of it?

Mrs. Lion. I cannot say for that.

Q. Might he not for four days?

Mrs. Lion. I cannot tell, but if he had, I think I should have seen him sometime or other. Had he had one to lie in his house for two days, I believe I should have known it.

William Payne < no role > . I am a distiller, and live in Oxford-road, five doors from Hanover-yard. I know Clayton; I dealt with him frequently in the year 46; he or his son would come and shew what pretty meat they had; he was dextrous in forcing people to buy of him. I was one of the Middlesex jury in July last, when Dixon was tried. I remember when he was brought to the bar, which I think was on the Wednesday, he petitioned the Court to put off his trial, pleading his witnesses were not here. Upon that he was asked what were his evidences names; he said one was Clayton, a butcher in Hanover-yard, and the other Mr. Payce, a coal-merchant. When Clayton came, he said the prisoner had lived with him ten months. I looked upon him, and was surprised I could not know the man. I go through the yard perhaps a dozen times in a week, and had I known there had been any likelihood of a truth in what they swore, I should never have agreed to brought Dixon in guilty; but I could not believe either of them. My meat was always brought home by himself, his boy, or girl, but I do not remember any maid or man-servant he had. I have since enquired in the neighbourhood, and cannot find any neighbour that knows he ever had a servant.

Edward Sharpless < no role > . In the year 46 I lived in Hanover-yard. I am a linen-draper. Clayton lived almost opposite my house, so near, that I could see from behind my counter who went in and came out of his shop. I have dealt with him a little, and I never saw or heard he had a servant. He used to kill now and then a sheep, but a good family would have destroyed all the meat he ever had in his shop at one time; he never had enough to employ himself to hawk about; he has once or twice, since I knew him, killed a bullock. I am sensible he had no servant lived with him in 46; I have been in his shop, and he in mine; I have bid him go out often; he was a very impudent fellow.

William Baker < no role > . I lived in Hanover-yard in 46. I am a cheesemonger. I knew Clayton when he first came into the yard, which is about six years ago. I live within two doors of him, but I do not remember he ever kept a servant since he came there. I have been in his shop perhaps once or twice a week. I have bought meat of him. I have seen him have a man for a dram, or a halfpenny, to carry out a joint. He never had much business. There was an old man with him about a twelvemonth ago; Clayton's daughter has come to our house to beg straw for him to lie upon, but he could be no hired servant; though in 46 there was no such.

John Hayward < no role > . I am a tallow-chandler, and live in Tottenham-court Road, within two doors of the corner of Hanover-yard, and did in the year 46, and some years before. I knew Clayton when he came there, which is upwards of six years ago; I have dealt with him, but not for a certainty. He carried on but a very little business. I never observed he had a servant; his son and daughter, and sometimes himself, carried out his meat; for they could carry out all he dressed, and three times as much. I am positive if he had had a servant, I must have known it; for he was a bragging stumping man; and if he had kept a man he would have had it up often enough. I have been in his shop perhaps two or three times a day, and never saw such a person.

Q. Are you sure he never had a servant for a week or a fortnight?

Hayward. I am very positive he never had.

Cross-Examined.

Q. Suppose he had had a smuggler for his servant, would he have boasted of him, if he was afraid, or ashamed of being seen?

Hayward. Sir, he would boast of his own folly, much more of another's. Had he had a felon to keep him confined, he might keep that secret; but if he was with him as a servant, he would have boasted of it.

Q. Are you certain he never had a servant?

Hayward. I am well satisfied he never had the time he lived there. I was oftener in his shop in 46 than latterly, since I heard his character.

For the Prisoner.

Charles Here < no role > . I did not know Dixon by name. I knew Clayton in Hanover-yard. I live in St. James's Market, in Market-lane. The first of my acquaintance with Mr. Payce was about nine years ago; through him I got acquainted with Clayton. I bought a lot of meat of Clayton in the year 46; I was not at his shop, I bought it over a mug of beer, and I remember a fellow's bringing it home. I never saw him after till the day of execution, when I took one of them to be the person that was Clayton's man at that time.

Cross-Examined.

Q. Where did you live when he brought you the meat?

Here. I lived in Tothill-street, Westminster.

Q. What time was this?

Here. I think it was some little time before the Lords Balmerino and Kilmarnock were beheaded. I was a grocer at that time.

Q. What do you follow now?

Here. I am of no business at present. I have an annuity by right of my wife of 16 l. a year, and I have some little matter left. I cannot say but what I did fail, and compounded with my creditors. I used frequently to see Payce at sales. When I was first acquainted with him he lived in St. Martin's Lane, where he kept a tea-warehouse, and sold stockings; after that he removed to St. Giles's High-street; then he moved into Hanover-yard ; and from thence to Duke-street, Grosvenor-square.

Q. Did you ever deal with Clayton after this?

Here. No, the meat I bought was not good.

Q. Was you at home when it was brought?

Here. I was, and then I saw the man, whom I imagined to be the man that was executed.

Q. Do you believe him to be the man?

Here. Indeed I really do believe he was the man.

Q. Do you remember the man that brought your next lot of meat home after this?

Here. I cannot say so particularly to that, because I have dealt with several of my neighbours.

Q. Who brought home your lot of meat last Wednesday was sevennight?

Here. I don't know.

Q. Who brought it home on Thursday last ?

Here. Sometimes I bring it home, sometimes my wife.

Q. Who brought the candles home on Thursday?

Here. No body brings any thing of that kind, but the baker bread, and a man my coals.

Q. Had you any bread of the baker last Wednesday?

Here. I cannot tell. I was subpoena'd upon the trial.

Q. How far is it from Tothill-street to Hanover-yard ?

Here. They are about a mile distance.

Q. Do you know the man's name that brought the meat home?

Here. No, I do not.

Q. What kind of a man was he?

Here. He was a country looking man, not so tall as myself.

[The court was of opinion Dixon was the tallest.]

Q. What meat did you buy at that time?

Here. There was a buttock of beef, a roasting piece, and a thick flank ; it came to 26 or 27 shillings; I paid for it in halfpence.

Q. Did you pick out this man going to be executed, or was you told which was Dixon?

Here. Several people told me it was Dixon.

Samuel Sells < no role > . I am a butcher, and have lived in St. James's Market about a quarter of a year; before that I lived over the water. I knew Clayton about ten years ago, and I knew him five years ago; he had not over and above much business; he had a man that carried out his meat, and I have seen him bring out meat in a tray more than once, twice, or thrice. The man he employed was a country looking, short punched person, about my height, and about thirty years of age. [Note, About the whole head shorter than Dixon.]

Q. Did you ever hear his name?

Sells. I cannot say I have. He had another man lived with him, one Major, within these two or three years.

Cross-Examined.

Q. What do you call living with him?

Sells. If I see a man in a butcher's shop, cracking a joint of meat, or carrying one out, I call that living with a man.

To his Character.

George Crooks < no role > . I deal in teas and clothes. I have known the prisoner about fifteen years. I live in Bromley-street, Holbourn.

Q. What is the prisoner's general character?

Crooks. I have no business with peoples characters.

Q. Tell us what you have heard as to his general character.

Crooks. I cannot say I ever heard any ill character of him. He has had goods of mine several times, and has always discharged himself with a great deal of honour.

Q. Has he a good or a bad character?

Crooks. I cannot say I have heard a bad one. I have heard people speak very indifferently of him, but I am not to believe all that is said.

Cross Examined.

Q. Have you heard that he has a bad character?

Crooks. I cannot say as to that, I have not had sufficient proofs.

Q. Speak out, have you, or have you not?

Crooks. I cannot say.

Q. Tell the truth, you are upon your oath.

Crooks. There is not a person in the world that has every body's good word, I can say no farther, you'll be so good as to excuse me.

The counsel for the crown had seven persons of credit to discredit the prisoner's; but not being willing to give the court any farther trouble, they were not called.

Q. to Payne. How old is Clayton's son ?

Payne. He is about 15 years of age, not quite so tall as the evidence Sells, nor so thick. In the year 1746 may be he could kill a sheep or a lamb.

The evidence Here says the man he took to be Dixon was not so tall as he, but in my opinion he was taller.

Guilty .

[No punishment. See summary.]