318. WILLIAM RUTLEY PRATT proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of John Priestly < no role > , at the hour of nine in the night, on the 18th of March last, and burglariously stealing therein one silver table spoon, value 20 s. one silver wine strainer, value 30 s. three silver salt spoons, value 6 s. one silver bottle label, value 2 s. two pounds weight of mace, value 30 s. and a pair of small scales, value 1 s. the property of the said John Priestly proceedingsvictim .

JOHN PRIESTLY < no role > sworn.

In live in Lower Thames-street , on Wednesday morning the 19th of March, a little before five I was alarmed by the ringing of my shop door bell; and the watchman said your house is broke open.

Court. Was it day-light then? - No, my Lord, I believe not, I rung my own bell, in my room to alarm the family, and then we all went down together; coming down to the bottom of the stairs leading to the shop, I found that door locked; I opened it, then looking into the shop, I found some person had come into the shop out of the cellar, there was a hole cut through the door, and he got his hand in, and pulled back the bolt, the door was then open; looking further into the shop, I perceived two of the rails of the banister taken out; upon the counter there stood a drawer with some mace, part of which was out; I found the desk adjoining was broke open; I found these tools on the counter, a gimblet, a chissel, and some iron bars, and this dark Janthorn in the cellar; perceiving these rails out of the banisters, we went up stairs, and found the dining room door open and some plate gone.

How could they get out of the shop up stairs? - By taking these two rails out of the banister.

Had the dining room door been locked? - I cannot particularly speak to that, what else did you miss? - The first was a silver wine strainer, a bottle lable, three salt spoons, and a large gravy spoon, which I apprehend was taken out of the kitchen.

Did you observe the outer fastenings of the house? - I found every outer fastening perfectly safe, as we left them the night before.

Did you examine the cellar? - There was no way to get in but one, which was thro' a hole, where we shot the coals, I do not know that that was any way secured; it had not been open for too or three months, it was a common passage, and hardly visible.

What was it covered with or shut with? - It was a boarded passage, and one part lifts up in order to shoot down coals into the cellar, and that board was lifted up, and not fitted down.

Court. By that hole there was a way to the coal hole, which is in the cellar, and that communicated with the door that came into the shop? - Yes.

Had your doors and windows been fast the night before? - They all were, I saw them bolted myself and fastened.

What circumstance led you to charge the prisoner with this fact? - I was confident that no man could come there, but one that was used to the house, the prisoner had lived with me as porter above 11 months, he had left me one month, I suspected him.

What did you do in consequence of that suspicion? - About ten that morning I went to the public office, in Bow-street, and described the prisoner's person, and when I had given the information, there was a person under examination in the inner office, and it was the prisoner; a man having stopped him, where he went to sell some mace, which mace was mine; but I did not know he was there, then I was sent for again that day, but was not at home; on Friday I went again, and the mace was produced.

Court. I suppose you could not swear to mace? - I could not, but the quantity corresponded intirely; Sir S. Wright desired it to stand over till Friday following, to see if he could get any further proof than that of mace only; the prisoner totally denied the robbery; before the next Friday, in his box was found my money scales, with some of his cloaths, I was present, the box was found at the prisoner's lodgings in East Smithfield, one of the officers fetched the box, and I saw it in Bow-street.

JOHN BEAMISH < no role > sworn.

I searched the prisoner's lodgings, I found a box with some cloaths in it, and these money scales: there was nothing else belonging to the prosec utor; I brought the box to the office.

Did you produce these money scales there? - I did before Mr. Priestly had known I had brought the box away, when the prosecutor came he saw them, they have been in my possession ever since.

Did he know them? - He knew them immediately.

Court. Did he mention having lost such a pair before he saw them? - I do not know that he did, my Lord.

Court to Prosecutor. Did you see these at the office? - Yes, I did, I saw them in the box, they were in the place in my house, they always were behind the counter on a shelf under some books; they were the night before, it was the night of the eclipse.

What do you know them by? - There was a scratch on them, I have not the least doubt of them being my own.

Court. Did you ever find any of your plate? - The officer is hore, my Lord, and the person who bought some of the plate.

FRANCIS HUMPAGE < no role > sworn.

I attend Bow-street, and take prisoners backwards and forwards to goal; after the prisoner had been examined, and the prosecutor sworn to the weights and scales, and the prisoner was fully committed, I says to the prisoner you had better tell where your master's plate is; he in a confusion said, says he, if you will go backwards with me, I will tell you where it all is.

Prisoner's Council. You told him it would be better for him? - Yes, I said not might as well tell me.

You know there was somebody presented upon your oath, Sir, did not tell him, that if he confessed, the indictment would be thrown out at the Old Bailey? - No, Sir, never such a word.

Upon your oath, Sir? - Upon my oath.

There were other people there present you know? - There was another man.

You began your evidence by saying you told him, he had better tell where the plate was? - I do not know that I said any such word, I said, he might as well tell it.

What did you till him to induce him? - I did not tell him any thing; I said, he might as well tell, that is what I said at first.

Court. Did he tell you where the plate was? - He said he had sold some in Oxford road, and the other was thrown into the necessary.

Court. Into what necessary? - At the Brown Bear < no role > , in Bow-street.

Court. Did you go to the place where he told you? - Yes, the gentleman is here.

What is his name? - Kemon's.

This is what I found in the vault at the Brown Bear < no role > .

No promise of favour? - I told him it could be no worse for him, he might as well tell where it was.

You are sure you did not tell him it would be better for him, or that he should not be prosecuted? - I did not indeed.

Court. What is it a table spoon? - A gravy spoon, part of it.

Court. It is charged in the indictment a table spoon.

Prisoner's Council. This is larger a great deal.

Humpage. We emptied the necessary, but we could not find the strainer, he said, it was in there, but we could not find it.

Prisoner's Council. You heard, my Lord very explicitly ask you the question, whether any promise was made? - I promised him nothing at all, it was out of my power to promise him any thing.

You know there is a reward? - It is not for that.

We will consider that afterwards, you know that I suppose? - I suppose that I am liable to know it as other people.

Do you know it or not? - I suppose I was doing my duty not for the sake of the reward.

Do you know there is a reward? - Undoubtedly by law.

You do not expect to get credit before these people by behaving in this manner, there was somebody present at this time? - There was.

Should you know that man again? - I believe I should, is not it Mr. Stapp.

How came you endeavour to persuade this man to make this confession to you? - I did not endeavour to do it all, there was sufficient proof before.

You pursuaded him, did not you? - I told he might as well tell where his master's plate was, I did persuade him, it is our duty to find out every thing.

No, it is your duty to carry people to goal; so then you are a Justice, as well as witness and goaler: Was not there something said, about the indictment being thrown out at the Old Bailey? - How could I say so.

Was it said? - No.

How long have you been a servant to New Prison? - Three years.

You have heard that, if promises were made they would set aside a confession? - I am not talking about promises.

But I am, you shall answer me? - Well Sir, I never made any promises.

Answer the question, have not you heard that where promises are made they will set aside the confession? - I have heard it.

How came you then to say, when you began your evidence, that you told him it was better for him to confess? - I did not say so.

Then I will appeal to the Court and the short hand writer: What say you now, will you still persist? - To my knowledge I did not say such a word, no man can say I did.

What will you persist, after it is told you by the Court, and the short-hand writer, and myself; consider my friend, there was a person present? - Well, if there was Sir, I would not false swear myself for you Sir, nor for nobody here.

These gentlemen will judge of that afterwards, that person that was present then, is present now, will you persist in it still? - Yes, I will.

You did not tell him that the indictment would be thrown out at the Old Bailey, and he would be discharged if he confessed? - No, I never did, I might say better or as well.

Court. You are sure you said nothing more to him? - I am positive I did not.

JAMES KEMBLE < no role > sworn.

I am a silversmith and hardware-man, I produce some salt spoons broken; a wine label, a chain, and part of a gravy spoon, I bought them of the prisoner on Wednesday the 19th of March, about eight in the evening; I never saw the prisoner till that morning, he said, he had them of a country man, and he thought he might as well get a penny that way as any other; I paid him 17 s. 6 d. for them, and he said, he cleared 5 s. by them; the part of the spoon is gone to the resiner's; they weighed about three ounces and five or six penny weights, I reckoned it at 5 s. 6 d. as silver was 6 s. 1 d; I gave him that price within, I believe, twopence or thereabouts.

Court to Priestly. Should you know before you look at them, the things you lost? - Most assuredly, my Lord, I should, there is a writen P. on the salt spoons; the label, I have been accustomed to for a number of years.

What wine was it for? - Port wine, it was left on the sideboard.

Court. Then with regard to the salt spoon that had no mark to it? - I am sure it is mine; we had one without a mark, it is longer than the other.

(The Things deposed to.)

Prisoner's Council to Kenwin. When you first saw this man after, you did not know him again I believe? - I was not so positive to his person then as I am now.

What makes you more positive now, than you was then? - I had more time, I have seen him since by himself from the office, and I went over to the Brown Bear < no role > to look at him more fully.

It is a very simple question, had you not then on doubt upon your mind whether this was the man? - I had then, I am positive now: I recollect him since, I recollect his features.

I suppose you buy a great deal of old plate or broken plate? - Yes.

You throw it amongst the rest of the plate? - Yes, but this I kept by itself with intention to have it mended; the other part of the old spoon was thrown by.

Court to Humpage. Was this silversmith the man that you found by the prisoner's directions? - Yes, we went in a coach, and he shewed us the door, and this gentleman came out.

EMANUEL CROW < no role > sworn.

I am apprentice to the prosecutor, on Wednesday morning the 19th of March, I was called up, and was the first that went down into the shop, and saw the street door was open as near as I can tell; I could put my head through; and the chain, and the bar, and the pin, was put on the left hand side; I saw the mace on the counter, with that crow, I saw the cellar door cut; it opened very easy; I soon perceived that the pully and cord were from it; it never opened so easy before; I saw that two nails in the bannister were taken out; I saw the lanthorn on the necessary in the cellar; I looked round the cellar with the watchman to see if any body was there; I went all over the warehouse and the shop.

THOMAS WRIGHT < no role > sworn.

I live the corner of Rathbone-place, in Oxford-street, on Wednesday the 19th of March, about eight in the morning, the prisoner came to my house, he brought this little parcel in his hand, he desired me to weigh it, saying it was mace; I weighed in there was exactly, two pounds of the then said, that was right, that was what he bought it for, I asked him where he bought it, he said, of a man that he met in Dean-street that offered it to him he said, he did not know there was any harm in it; he said, he gave fourteen shillings a pound for it, and he would sell it to me if I would buy it, for twenty shillings a pound; I told him, I would not buy it, unless he would give me a good account of it; I suspected it might be false packed; I took it into my hand, and turned it out, and saw it was all mace; I told him, I would not buy it, nor he should not have it again, without he gave a better account of it; and I took him into custody, and took him to Mr. Addington's, and then to Bow-street; he said, he lived with Mr. Priestly, and he had left him three weeks; I told him, I was afraid he had stole the mace; at eleven o'clock he was examined, and at the instant of time they were going to swear me, or had asked the man how he lived, and he told them the same story; one of the men came in, and said, that a Mr. Priestly had been there to give information, that he had lost two pounds of mace; it was so on a sudden, I really thought it was done on purpose, by way of extorting it from the prisoner, till I went to Mr. Priestly to make enquiry; the prisoner denied, and insisted that he bought the mace of a man in Dean-street.

Prisoner's Council. He told you at once where Mr. Priestly lived, and where you might find him? - Yes.

ANN GOODJOHN < no role > sworn.

The prisoner lodged with me about a fortnight, on the 18th of March, he went out about six in the evening, he always kept good hours, and he did not come home that night at all till about a quarter after five, and I said to him, William have you been in bed to night; he made me answer, yes, with his cousin that came out of the country.

Prisoner's Council. He was a very regular man? - Exactly so, never kept out late of nights before that night.

Court to Mr. Priestly. What quantity of mace did you lose from your drawer? - As near as I can tell, about two pounds.

Prisoner. My Lord, I leave my defence entirely to my council.

THOMAS STAPP < no role > sworn.

Prisoner's Council. What are you? - A poulterer in Clare-market, I was at Bow-street the 19th of March, I remember Humpage; I went promiscuously to see the prisoner at the bar; this gentleman was there but he rather persuaded the prisoner to confess, he told the prisoner, that the only way to save his life, was to confess and tell where his master's property was, to confess, and the indictment would be thrown out at the Old Bailey; says he, I would prevail on you as if you was my own brother, and that will be the only way to save your life; there was nobody present but the prisoner at the bar, this gentleman and me, in a room by ourselves.

Humpage. It is false, I never said no such word.

Court. When was this? - This was on Friday, when the prisoner was fully committed, I live between Clare-street and Holles-street, the least child there, or any body there knows my name, I am a master poulterer next to Mr. Richards's the tripe shop, that is as good a direction as I can give.

Is there one Andrews, a poulterer lives near you? - Yes, Sir, Mr. Morris lives close by me, I lived servant with Mr. Challenor about four years ago, and I said to an old acquaintance of mine who was coming along, says I, I am going in to see such a young man, says he, I will go with you, we went, and I said, William, I am sorry to see you here, says he, come and sit down, and the prisoner asked this gentleman to drink, and nobody was with him but this young man, and I, and the prisoner, and Humpage; it was in the tap room at Bow-street; we were in a room by our three selves; then he said, says he, I know more about the matter than you do, if you think I want to get any thing out of you for my ends, say nothing to me, but further than that, says he, it will be the only means of saving your life.

Court. Who was the young man that was with you? - His name is Henry Miller < no role > , he keeps a green shop in Tottenham-court-road.

When did you first tell these circumstances, and to whom? - I do not know that I told it to any body, till I told it to Mr. Railton's clerk, I told it to him in about three or four days after the prisoner was committed.

How came you to tell it to Mr. Railton's clerk? - The prisoner's father sent me a letter to apply to Mr. Railton, I wrote to him, and he knew that I knew of this matter.

Did you tell Mr. Railton that Mr. Miller heard it too? - I did not know that it would be of any signification, as he knew nothing of the prisoner only by going into the publick house.

Prisoner's Council. What has been his general character? - An extraordinary good one.

Court to Humpage. Is this true that this man has sworn? - No, my Lord, the words that he says are very wrong, as for telling him to save his life, it is no such thing.

Court. Who was present? - This man was present, I believe.

Was any body else present.

Stapp. Was not there a young man sat on my left hand side in the box, you sat on the prisoner's left hand, and this young man sat on my left hand? - I do not remember there were so many people in the house, I cannot remember.

The Prisoner called three other witnesses who gave him a good character.

Court to Jury. The rule of law with respect to the confessions of prisoners, is founded in justice, candor, and humanity, for though the law very properly does not exclude the confession of prisoners, which if it is made uninfluenced, is evidence out of their own mouths, and cannot be mistaken or misrepresented, if it is clearly proved; yet the law will not suffer men charged with crimes, and unassisted with advice, to be either threatened, trapanned, or coaxed to their own destruction; therefore a confession obtained either by promises, or threatenings, cannot be received. With respect to the confession of the prisoner in this case, a great deal depends on the credit you give to the evidence of Humpage, as compared with that of Stapp: Humpage introduced his evidence with saying, that he told the prisoner now, that the scales are found in your possession, you had better confess where your master's plate is, and he not only swears, that he said no more than that, but in the other part of his evidence, he endeavours to explain it away; if it were as Humpage represents it, it would be straining the principle of law to say, that because a man says to another, you had better tell the truth, therefore his confession shall be excluded: therefore if the evidence of Humpage is true, I am clearly of opinion that the prisoner's confession ought to be attended to; but the evidence of Stapp is extremely different, and if that be true, he confessed under a direct assurance that it would be the only way to save his life: therefore, whether you will take into your account, the confession of the prisoner or not, must depend on the opinion you yourselves from of the credit of the evidence of Humpage or Stapp.

GUILTY ( Death .)

Tried by the second London Jury before Mr. RECORDER.