95. (L.) Moses Henericus , otherwise Heneriques proceedingsdefend , was indicted for that (at the delivery of the king's gaol of Newgate, on the 26th of October, 1757 , Abraham Bareive < no role > being, in due form of law, tried upon an indictment for stealing three dozen of silk handkerchiefs, value 5 l. ten yards of dimity, eight yards of printed linen, and other things, the property of David Davis < no role > , July the 25th, and he, the said Moses, being produced as a witness, for and on the behalf of the said Abraham) he did wickedly, intending to pervert the due course of justice, take his corporal oath, on the Holy Bible, in open court, to speak the whole truth, and nothing but the truth, and did, in open court, feloniously, wickedly, and corruptly give in evidence as follows, That in the afternoon (meaning on the 15th of September last) the prosecutor (meaning David Davis < no role > ) came to the prisoner's father, and offer'd to take 5 l. to discharge him of that felony; whereas in truth, and in fact, it was not so . ++

Thomas Gurney < no role > . I attended this court in October l ast, when one Abraham Bareive < no role > , a Jew, was tried for stealing a parcel of handkerchiefs, some dimity, printed linen, and other things, the property of David Davis < no role > . Bareive in his defence call'd the present prisoner.

Q. Have you your minutes of that trial here?

Gurney. I have.

Q. Read the evidence he gave.

Gurney. After the present prisoner was sworn. -

Q. Did you see him sworn?

Gurney. I did - He said as follows: About July or August, my master, who is father to the prisoner at the bar, sent me to look for him, for he wanted him, and coming thro' Hounsditch, I happened to see him with a bundle under his arm. I said where are you going, he said to carry this bundle to a gentleman. I went with him to a disorderly house in Partridge-street, where was this gentleman. He took the bundle, and said, he should come along with me directly. On the 15th of October the prisoner was taken up (meaning the then prisoner) and carried before justice Fielding. He was then asked if he took notice what was in the bundle. He answer'd no, he did not. Then he was ask'd if he was certain it was the prosecutor he delivered the bundle to His answer was, he saw him deliver it to a man in a linen waistcoat, and to the best of his knowledge it was the prosecutor. Then he was ask'd if he would swear it; his answer was, I will not be positive. Then he was ask'd at whose house it was. He said at the house of one Benjamin, a Dutch Jew; and then he goes on. - The prisoner was taken up on Thursday the 15th of September (meaning the then prisoner.) I printed it in the former trial, by Stanley and Plump, they being at the apprehending of him; but his words were, in company with Stanley and Plump, and carried before justice Fielding, when he was remanded back for farther examination; but in the afternoon the prosecutor came to the prisoner's father, and would offer 5 l. to discharge him.

Court. In the printed trial it is put, and offer'd to take.

Gurney. I took that to be his meaning which I have printed, he speaking as most of the foreign Jews do, a sort of broken English. He was next ask'd when this was; he said, this was the same day (meaning the 15th of September.)

Q. Did he give any account of the prosecutor offering to take 5 l. to make it up?

Gurney. He did, that is farther on in his evidence. He was ask'd if he was sure it was the prosecutor that came to Bareive's father's house. His answer was in these words, I remember he came there, and offered to take 5 l. He was after that ask'd how he knew it was him; his answer was, because he said he was the man that had been rob'd, and ill used; and added, he was positive he said he was the prosecutor. He was then ask'd if he was sure it was the prosecutor that the bundle was delivered to. He answer'd in these words, I remember the glimpse of him then. Being ask'd if the prosecutor that had then given evidence was the same man, he answer'd. I can't tell, I will not be so exact. He was next ask'd if he could swear he was the man that came for the 5 l. he answer'd in these words, I swear he is the man that came for that.

The record of the trial and conviction of Abraham Bareive < no role > read in court. The jury say Guilty, to be transported for seven years.

David Davis < no role > . I was the prosecutor of Abraham Bareive < no role > . in this court, in October sessions last.

Q. Were you rob'd of the goods mentioned in that indictment?

Davis. Upon my oath I was, and several other goods not mention'd in that indictment.

Q. Did you ever at any time offer to take 5 l. to compound that felony?

Davis. No, never.

Q. Did you see the prisoner that day you took up Bareive?

Davis. I did not, except I saw him before justice Fielding. I never spoke to him till he came to the sessions to swear for Bareive.

Q. Are you sure you saw him at justice Fielding's that day ?

Davis. I will not be positive whether I saw him or not.

Q. Did you see him as you was passing thro' Hounsditch ?

Davis. No, never.

Q. Was a bundle delivered to you at a house near there?

Davis. No bundle was delivered to me, nor I never had one halfpenny-worth of my goods again.

Q. Had you a linen waistcoat on when you took up Bareive?

Davis. I had not, but I had when I was rob bed.

Q. Do you know the father to that Bareive you tried here?

Davis. I do, but never knew him before I took up his son.

Q. Upon what occasion did you see him after that robbery?

Davis. I had advertised my goods, and described the prisoner Bareive. About six weeks after I found him in Spitalfields. I took him up, and carried him into a publick house; he wanted his father, but nobody would go for him. I said, if nobody would go, I'd go myself. I went to the Synagogue and ask'd for him, and brought him to his son, but never mention'd to him that I was the prosecutor, or had any hand in it.

Q. What past betwixt you?

Davis. I said his son was come into some trouble. - My son, said he, - I said yes, I believe it is your son, - said he, I'll go along with you; if he has done any mischief, I'll give two guineas myself to have him transported.

Q. Did you tell him on what occasion his son wanted him?

Davis. No farther than that he was got into some trouble. When he came to the publick house to his son, they talked together something that I did not understand in their language. I took it that the father was very much in a passion, and talked as if he did not care what became of him.

Q. Did you ever offer the father to discharge him (that is, Bareive, if he would give you five pounds?

Davis. No; I am certain I never did.

Q. What day was it that the father said he'd give two guineas to have his son transported?

Davis. It was the 25th of July that I lost my goods, and this was about five or six weeks after that; but I don't know the day of the month.

Q. Did you, that afternoon that you took up the prisoner Bareive, or any other time, go to his father's house and offer to discharge him, on condition he'd give you 5 l?

Davis. No, I never did in my life; I never offer'd to compound it at any rate whatsoever.

Q. Where was you on the 15th of last September?

Davis. I can't tell where I was.

Q. Where do you live?

Davis. In Clare Market.

Q. Do you know where the father's house is?

Davis. No, I do not.

Q. Did Stanley, in your presence, tell him it would be of great service to him, in case he would turn evidence?

Davis. The prisoner Bareive had mentioned to Stanley and others a great many robberies that he had been concerned in, upon which Stanley did tell him it would be of great service to him to turn evidence.

Acquitted .