670. RICHARD CORBETT proceedingsdefend , aged seventeen, was indicted, for that he on the 3d day of June last, at the parish of St. Margaret Pattens , a certain house of one John Duffey proceedingsvictim there situate, unlawfully, maliciously, and feloniously, did set fire to, against the statute .

A Second Count, laying the house to be the property of Walter Kirby proceedingsvictim .

The witnesses examined apart at the request of Mr. Sylvester, Prisoner's Council.

JOHN DUFFEY < no role > sworn.

I am in the stationary way, I am a vellum binder , I work chiefly for the stationers.

Court. Is your name John Duffey < no role > ? - Yes.

Relate slowly and distinctly the manner in which this misfortune happened? - On Thursday morning the 3d of June, between three and four, I was alarmed with a noise on the outside of the house, my wife waked me, she told me there was an alarm of fire, and I went immediately to the window which looks to St. Mary Hill , and when I looked out of the window, the first thing that struck me was the flames coming out of my shop window at St. Mary Hill, I was then three story high; I immediately went to the next room, where the boys all slept, there was my son-in-law about fourteen, a child of mine between five and six, who was burned, and the prisoner the bar.

Was that room locked or open? - It was unlocked.

Is it usually locked or open? - It was usually open; I found my wife's son and my child fast asleep in bed, and this boy was out of the room; I called for him, but he did not answer; then we found the fire coming up so fierce upon us, we could not go down.

In what manner then did you endeavour to make your escape? - My wife and children and myself went up in the garret, which was four story high; I went immediately to the window, there was a row of windows, one of them I opened, and got out myself that way, and then I got out one child, the youngest, between three and four, who slept in a side bed by the side of my wife; the lad about fourteen, my wife's son, he got out also; I put the young child in the gutter, and then I immediately tried to assist my wife, I endeavoured to get her out, I laid hold of her to raise her, but she being very heavy with child, I could not raise her from the ground, the window was as high as our heads where we stood withinside; having done my endeavour to get her out, as I was without side the house I found that impossible, and I jumped in again, but I could not raise her then, we had nothing to stand upon, and I was obliged to jump out again, I could not stay for the heat and smoke, I was almost suffocated.

Court. Was there nothing in the room that you could have brought to the window? - There were several things but we did not think of them, we had not presence of mind, we were so frightened, there was a book-case and a large cupboard that we might have brought; in that situation I was obliged to leave her, and I jumped off my house on the next, I then desired my wife's son to throw the young child down to me, and he did, and I ran into the garret of the next house, I ran down into the street and went into a baker's shop almost opposite; I stood there about five minutes, expecting to see my wife come out of the window, but I never saw her since: it has been very maliciously spread abroad that she is now living, and lying-in at Hackney, but I wish they could find her for me.

Court. You have reason then, Sir, to fear that is not true? - I have, Sir, from the circumstances I left her in; this is the most sorrowful colour I ever wore to me.

When did you see this boy after? - I took him the next day at Mr. Berry's.

Had you any other persons, servants or lodgers, that slept in your house? - No, Sir, only my own family.

You did not see this boy during the time of the fire? - No.

Was the progress of the fire very rapid? - Very rapid, we could hardly get up into the garret.

Did you view the house at all yourself; had you coolness and presence of mind at all after this affair happened to view the house, to know where this fire began? - No further than from looking out of the window; I saw the flames come out of the shop window next Eastcheap; it was two houses, and that end of the front on the hill next Eastcheap was the shop window where I saw the flames first break out.

At what time had you gone to bed the night before? - I saw every thing safe about eleven, my wife held the candle for me while I bolted the door.

Did you go to bed soon after? - We went to bed immediately.

Did you leave any part of the family up? - No, they were all in bed before me.

How was your shop lighted of a night? - We had that night only one candle, I had no occasion for any more, I took that candle away with me, and took it into the kitchen when I fastened up the shop.

Is there any fire-place in the shop, or in the back room by the shop? - There is a fire-place in the back room, but we had no fire any where but in the kitchen, which is up one pair of stairs.

Was there any fire in the kitchen that night? - There was fire in the kitchen that afternoon for dressing victuals.

Was it in when you went to bed? - I think it was out.

Were there any chips of paper, any shavings of paper laying loose in the shop? - It was always my custom to take up the chips of paper, those shavings are valuable to us, we sell them for twenty-two shillings a hundred weight; in the shaving tub there was between six and eight pounds, the tub was kept in that part of the house next Eastcheap.

Did you go near that with the candle? - Only to fasten the door.

Where was your work-board that you worked at usually? - Across the shaving tub.

It lay over the shaving tub? - Yes, there were two presses upon it.

What sort of candles did you usually work by in the shop? - Candles called eighths.

What sort of candlestick? - Flat ones, tin or brass; the candlestick I had that night was a metal candlestick.

A slat candlestick? - No, a high candlestick.

Did you go from the shop up to the kitchen, and so go to bed, that night? - No Sir, I left work at nine, and I did not go to bed till eleven, there were two hours between, before I came to fasten the door, and then every thing was safe.

Was there any window where the shaving tub stood? - It was by the window, that window was fastened by the boy before.

Did you go to look at that window when you examined the house before you went to bed? - No, I knew it was fast before, the shop door was within a quarter of a yard, but then the bolts were not near that; from the fastenings of the door to the shaving tub was near a yard; when I fastened the door my wife held the candle, I called her down for that purpose.

Do you recollect on which side she stood when you fastened the door? - She stood on the stairs.

Then she did not come forward into the shop at all? - No, she did not, she did not come close to me.

Did you go to bed with the same candle? - Yes, the candle that my wife had.

Did you blow out the other candle or snuff it out? - I snuffed the working candle out in the shop with the snuffers, that was put out when we shut up the shop.

Where did you see this boy first after the fire? - My neighbours the next morning advised me to go Guildhall, to take him up; I went to get a warrant, I went over to his mother in George-street, Black-fryars, expecting to find him there, his brother gave us information that he was at Mr. Berry's, an attorney in Carey-street.

Had he been in bed in your house that night? - Certainly he had.

Did you go to Mr. Berry's house? - I did.

Did you see him there? - Mr. Berry denied him twice, I asked him if Richard Corbett < no role > was there; Mr. Berry said he is not; I said, Sir, I am informed he is here; he said he is not here; a young man that was there said he is below in the kitchen, and he came up to me; Mr. Berry apologized for saying he was not there.

What did the boy say? - He said, I hope you will not hurt me, I have not robbed you, I did not set the house on fire, and he hoped I would let him see his father and mother and friends.

Mr. Silvester, Prisoner's Counsel. I will send for Mr. Berry about his denying him.

Court. Have you been robbed of any thing that you know of? - I did not suspect him of any thing, I have never seen any thing that has been destroyed.

Did the boy at any other time in your hearing, say any thing remarkable? - We put him in a coach to take him to Guildhall, and Mr. Jameson asked him before the constable, how he came to do such a wicked action, and how he came to escape himself, he told Mr. Jameson that they broke open the door and took him out, and after some more conversation Mr. Jameson asked him the same question over again, how he escaped, he told him that when the man made a noise at the door he opened the door and run out.

You are sure he said first the one and then the other? - He did Sir, in less than two minutes time in the coach going along, then he was brought to Guildhall and examined by Mr. Alderman Plomer, and Mr. Alderman Hart.

Mr. Silvester Prisoner < no role > 's Counsel. What o'clock was it that evening that you began to work by candle light? - At dusk.

What o'clock is that? - It must be between eight and nine, I suppose we had a candle lighted about half an hour, I was at work for Mr. Phillips binding books, the last thing we do is to clear the shop, the candle was on the board and the snuffers, there was no extinguisher.

You made use of the snuffers occasionally? - Yes, we put out the candle with the snuffers, we took them all up stairs with us, I took the candle up with me put out as it was.

When you came to fasten your shop and to examine the door, you called your wife down to hold the candle? - There were bolts out of my reach without I stood upon the shaving tub, and they bolted a flap that fastened to the top.

Then the candle was in the work shop? - Yes, when we were fastening the shutters.

Then your wife was with you then? - I did not fasten these bolts then.

You know at eleven you took your wife down with you? - Because I could not fasten these bolts that were out of my reach without setting the candle down.

Did you stand upon the shavings or the tub? - Not upon that shaving tub at all; upon a little shaving tub that is covered intirely, when it is let down the boys could not do it, the shavings are loose, they fell loose in the tub some over the tub, and they are put in afterwards loose one upon the other; there were about eight pounds weight, not exceeding eight pounds.

I should think they were a pretty deal? - They are but a little in a tub of eight foot long, and that has three presses along it.

This young man's father writes at Mr. Berry's? - I have heard something of his writing for Mr. Berry at times, I do not know that he was clerk with Mr. Berry.

You know him to be an Attorney? - I have heard he is an Attorney, I do not know him.

Why you lived in Carey-street yourself? - I was not obliged to know him, I did not know you till I was told your name was Silvester.

You know my name upon the door, and you knew Mr. Berry lived next door to me; it is a little unfortunate that you should say that now, when you told me the other day you knew me perfectly well? - I did not Sir, you said that you knew me.

This man is a man of character, and the father worked there as his clerk? - I have heard that he worked there occasionally.

You did not suppose that Mr. Berry was concerned with somebody against your house? - Why should I, I say he slept there that night, and Mr. Berry denied him twice.

Was not his father there? - I did not see his father.

I think you say that Mr. Jameson is not here? - No, he was before the Alderman.

He is not here to be examined now? - He lives the corner of St. Mary's Hill, he may be here in Court.

You never found the remains of the poor woman? - They never have been found, they have been searched for, I have the bill of charge to the parish for the searching for her, it was falsely reported that she never was searched for.

Was that a part of the collection you made? - No, Sir.

You never tried for her yourself? - That is a very foolish question; I have borne a great deal, and I shall be able to bear this.

Jury. What work was you about that night? - I was finishing the boarding of books, I was pasting, the board was over the cutting press.

You was not boarding the books upon the cutting press? - The board was upon the cutting press, the press was over the shaving tub, and over the press the board, there was such a small quantity of shavings in the tub and they were not pressed down.

Mr. Silvester. Had the boys access to the shop? - Yes, when we sent them out for beer for supper they were obliged to go through the shop, I believe the prisoner went for it, did not you Dick.

Prisoner. No Sir.

Pray Mr. Duffey, you are the most easy witness in a Court of Justice I ever saw, let us ask the questions? - We sent the boy and my wife's son both up together.

What is your wife's son name; George Hales < no role > .

Court. Is he here? - No, he is not, but I can soon send for him, he will be here very shortly, he has a very bad leg now from the fire, I cannot send him about my business.

Jury. When the beer was fetched be it by whom it would, was there a candle taken? - No, there was not.

JOHN ALGIE < no role > sworn.

Court. What do you know of this unfortunate affair? - I was going by being ordered upon duty that morning upon the Jubilee at Westminster, and as I was coming past this part of the town, I saw a light over the top of the shop door, through the fan over the door.

What time of the morning? - As near as I can recollect about fifteen minutes before four.

Was it East Cheap or St. Mary Hill? - St. Mary Hill, I was not certain whether it was not a baker's shop, I put my ear to the shutters and I heard the wood cracking and burning, I came back again to St. Mary Hill, and saw two men and called to them, and told them there was a house on fire, they came to my assistance, one of them claped his eye to the key hole of the door and looked through, I began to knock at the door, a little after we had knocked, we heard a foot come to the door and spring the lock and come out.

Court. The shop door or the house door? - The shop door.

You saw that person come out? - Yes.

Who was that person? - The prisoner.

Are you sure of that? - I am sure of it.

Was he dressed or undressed? - He was full dressed, he was completely dressed, I did not see any hat on his head, but his clathes were all on.

Had he any bundle with him or any thing? - No, Sir, when he came out first he had nothing, he came out and asked what was the matter, says I, what do you think is the matter, don't you see the shop is on fire about your ears.

What did he say to that? - He never made any reply, he went in again towards the stair case, I went with him about a yard into the shop.

In what state was the shop then? - It was all on fire on the side of the shop that led down to little East Cheap, there seemed to be a bench there, and from under that bench the fire seemed to proceed.

What became of the boy? - He went off, I do not know what became of him, he went past me, he came back immediately and I saw something lay over his arm, I did not examine what it was, I was looking at the fire and saw no more of him.

Had you leisure to observe his shoes and buckles, whether they were on, and his stockings whether they were up or down? - I did not particularly observe that, I only looked at the upper part of his body, the fire drew my attention to the upper part of the shop.

Had the flames gained a deal when you looked into the shop? - The flames had reached the windows of the book case.

Had it reached the stair case then? - No,

Who came into the shop besides you? - One John Bowland, there was only that one with me.

Mr. Alderman Hart. Did not you knock more than once before the boy came down? - We kept a perpetual knocking for about a minute before we heard a foot come to the shop door.

The flames not having reached the stairs did Bowland and you go up stairs and alarm the family? - No, I only went one pace into the shop and I went to call the watchman he came directly.

Did not it occur to you that there might be people up stairs, and that they might have escaped if alarmed then? - We made all the alarm possible in our power by calling out fire.

You did not go far enough in to see if there was any fire in the house? - No, we did not.

When you came back with the watchman what state was it in then? - It had got to the staircase I saw no more, when the boy came to the door he asked me more than once what is the matter, what is the matter, I replied what do you think is the matter, do not you see the shop on fire about your ears.

Mr. Silvester. Two men came up to you, who were these two men? - One I never saw since, and the other is John Bowland < no role > .

Was not he before Alderman Hart? - One of the men never was, that came to my assistance at that time.

I mean the man of the name of Jones? - That is not the man that came with Bowland, I never saw him there.

Then instead of alarming the people you went and called the watchman? - He was facing Cross-lane talking to two men, I suppose about one hundred and twenty yards off, I went into the middle of the street and called them.

Did you see the boy go up stairs? - No, I did not, I saw him go towards the staircase, he come past me again directly, my attention was fixed on the fire, whether he went up two or three stairs I cannot say, but he c ame by me immediately again.

JOHN BOWLAND < no role > sworn.

I was coming to call my master just before four, and I saw the soldier looking at the house, says he, there looks like a fire, is it a baker's? no, says I, it is a bookseller's; I knocked at the door, and looked through the key-hole, I heard a noise of crackling and jumbling about the place, what it was I cannot say.

Court. What sort of a noise? - It was crackling and jumbling about the place.

There is a great difference between crackling and jumbling? - There was a crackling inside the place, I was not withinside.

What do you mean by a jumbling? - Why crackling.

Do you mean the same thing when you say crackling or jumbling? - I do not know how you take me, not I.

I take you just as you say, but I want you to explain what sort of a noise was it? - It was the crackling of wood.

What do you mean by the word jumbling? - A noise I took it to be.

You mean the same kind of noise as crackling? - Yes.

You did not mean any different noise? - No, I did not mean any different.

Then you did not hear any other kind of noise except what might proceed from the crackling of the fire; when you knocked at the door, did you hear any body from within? - No, my head was turned the other way.

Did you see him open the door? - I could not see him undo the door, he was withinside and I was without.

But you saw him open the door? - Yes.

How long was it? - About two or three minutes.

What did he say when he opened the door? - He rubbed his eyes, and said, Master, what is the matter? - I made answer and said, you son of a bitch, cannot you see what is the matter, do not you see the place is on fire! then he ran into the street as far as the kennel, and looked up at the house, and then he ran in doors and fetched an old coat, and put it under his arm, and ran out of the house; he was fully dressed, but he put the old coat under his arm; I never saw the boy again till the next day.

Was he dressed when he opened the door? - Yes, he was dressed all but his hat on; I saw nothing more than what I have said.

The remainder of this Trial in the next Part, which will be published in a few days.

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 7th of JULY, 1784, and the following Days;

Being the SIXTH SESSION in the Mayoralty of The Right Hon. ROBERT PECKHAM < no role > , Esq; LORD MAYOR < no role > OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

NUMBER VI. PART II.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXIV.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

Continuation of the Trial of Richard Corbett < no role > .

Did you observe any thing loose or undressed about him? - His black waistcoat was buttoned, his coat was on, I saw his stockings were strait on his legs, whether they were tied or not I do not know.

Mr. Sylvester. I suppose you kept knocking? - Yes, I knocked two or three minutes at the windows, and two or three minutes at the door.

I suppose you knocked very violent? - Yes.

Jury to Prosecutor. Was it possible for the boy to open the bolts? - One of the doors was fastened with a flap and two doors, and one was a door without the flap; the door next St. Mary Hill was a single door, with two bolts, a chain bolt, and a spring lock, the boys could not reach it without standing on something.

Court to Algey. It was the door on St. Mary Hill that the boy opened? - Yes.

You said you heard something after knocking some time? - I heard a foot.

Then if you heard so plain as that, did you hear in what manner the door was opened? - I heard there was no bolt drawn, nor no chain, but the spring lock, for I should have heard the chain; if the bolts had been drawn I must have heard it, and he would have been a longer time about it; I heard only the spring lock draw, and he opened it immediately.

Can you recollect now whether you heard the foot more than once before the door opened? - No, I cannot say, it might be more than one pace, but it was very little, it seemed to come across the door as I could understand it, I only heard the foot just coming to the door, and immediately the spring lock opened, and he asked what was the matter! what was the matter! one side of the shop was all in a light by the flames.

Jury to Prosecutor. Where did his old coat lay? - He used to work in the shop, and the clothes he did not wear in common were in the garret.

Court to Algey. Was that the coat he had on when he came out? - Yes.

Court to Prosecutor. What had he on when he went to bed that night? - He had these clothes on, for I desired him to put on these clothes, and to mend a hole in his stocking.

Jury. Did the stair-case come down fronting your door? - It was fronting the door in St. Mary Hill.

GEORGE BUSH < no role > sworn.

The morning the fire happened, as I was going over the water to my mistress, to let her know of the fire, she lives at Newington, her name is Jones; it was in the morning about a quarter after four, it was while the fire was; as I was going along Eastcheap, just by the corner of Fish-street Hill, I met the prisoner.

Did you know him before? - Only by working at the house a day or two before the fire happened; I asked him where he was going to, he told me he did not know rightly where he was going to, or some such word; I told him to go back and see if he could not see his master, and he went back, but before I got half way down the Borough, he was after me again.

Whereabouts in the Borough? - Just by the corner of Snow's Fields in the Borough.

That is a good way down? - Yes, and I asked him if he had seen his master, he told me no, I told him to go back and see if he could not see him; he made me no answer to that, I asked him how he got out of the house.

Court. Now tell us as exactly as you can remember, what answer he made to that? - He told me he got out at the street door, and that he went up one pair of stairs to call his master, and he heard the bed creak, and he came down stairs again directly; then I asked him how he got his things out, he told me that he got his breeches and his shoes to bring away with him, and he dropped them coming out of the door.

Had he all his things on? - Yes.

Then what did he mean by dropping his breeches and shoes at the door? - I cannot say.

Repeat again, slowly and as exactly as you can, what answer he made to that? - He told me first that he was bringing them out at the door, and in his fright he dropped them, he said it was his breeches and a pair of shoes.

Had he a hat on? - I cannot say whether he had or no rightly; I said to him again, go back again and see if you cannot see your master; he told me his master was such an ill natured man, that if he saw him there he would throw him into the fire; that was all that passed: he went up to the house where I was going to, just by Newington, and he staid there till I came out and talked to a gentleman at the door, he came away with me then, and he never said a word to me all the way we came down the lane till we came to the corner, and I asked him where he was going, and he said to his father at Newington; but instead of his going to Newington, he crossed over St. George's Fields, and went up the road towards Black-friars Bridge, and I saw no more of him.

Had he any bundle or any thing over his arm when you saw him? - No, Sir, nothing but the clothes on his back.

Mr. Sylvester. Do you know where his mother or father lived? - No, only he told me he was going to Newington to his father, he did not say his mother.

Court to Algey. When the boy went in towards the stairs, can you say whether he went up the stairs at all or not? - I cannot be positive, I do not think he had time.

Did he call to any body? - No, Sir, he never spoke, I am positive of that, he did not call to any body.

Court to Bowland. Do you know whether he went up stairs or not? - He went towards the stairs, but I am sure he could not go up, it was impossible for him to go up stairs, the sulphur was so strong.

ROBERT BALL < no role > sworn.

What do you know of this affair? - I saw the prisoner come to Mr. Draper's, on St. Mary Hill, the day the fire happened, about one in the day, as near as I can recollect; Mrs. Duffey's son was there, he came to see him, I asked him how he escaped, he told me he was taken out of a two pair of stairs window; I asked him the reason he had not called his master, he told me he called him, but he could not make him hear, that was all he said to me.

Did you see the fire? - Yes.

Did you see the prisoner there at that time? - No, it was burning with great fury when I saw it.

Did you see at the windows any of Mr. Duffey's family? - No.

Did he see Mrs. Duffey's son when he came there? - Yes.

Did you hear any conversation between them? - No, only he asked him how he did.

Court. I wonder it has not been material to bring that boy here who slept with the prisoner; you must not go for him yourself Mr. Duffey.

(The Court sent a messenger for the boy, with orders not to tell him what he was sent for, only that he might not be frightened and suppose he was sent for on account of any harm to himself, nor to let him converse with any body as he came along.

Court. In the mean time we will go on.

- ROSIER sworn.

On the 4th of last month, I was going along the Poultry that was the day after the fire, I met the prisoner and a constable which had hold of him.

Did you know him before? - No, I never saw him before, I heard the constable ask him to confess, he said to him if you are guilty you had better confess at once.

Court. Then you must not tell us what answer the boy made to that, we cannot legally hear the answer.

Do you know any thing more? - The conversation between him and the constable.

You know nothing except that conversation? - No.

Then you must not tell us that.

Court to Prosecutor. How many rooms are there on a floor in your house? - On the first floor there are three, on the third floor, there is the middle room where the prisoner and my wife's son and the child of six years old slept, we slept in the back room.

Where did the window of the middle room look into? - Into St. Mary Hill.

Is that room nearer the stairs or the room where you slept? - The middle room is directly opposite the stairs, the lads did not use to lock their room door, that used to be open, when I got up on the alarm it was on the jar, and I immediately waked my son in law and the child; they were both asleep I am positive, I called Dick by his name several times and he never answered.

Court to Jury. There cannot be a case where one would more anxiously wish to get at the whole truth which ever way it may lay, and I dare say you have no objection to waiting for this boy's coming.

Jury. We think it highly necessary my Lord to have him here.

(The boy came after some short time, and Mr. Duffey was order to go into the Lord Mayor's parlour whilst the boy was examined.)

GEORGE HALES < no role > sworn.

Court. You are Mrs. Duffey's son by a former husband? - Yes.

Now when this dreadful accident of the fire happened, what was the first alarm you heard? - The first that I heard of it, my father awaked me and then I got up.

Was you asleep when your father came into your room? - Yes, I was fast asleep.

Did you hear no alarm of any kind till you father came into the room? - No, Sir,

Are you sure of that? - Yes.

What time did you go to bed the night before? - About ten.

Did you fasten up shop the door or windows or anything that night? - Yes, I helped to shut up the shop and fasten all the windows, then I went to bed.

What time was that? - It was about ten o'clock or it might be rather after.

Who were with you when you fastened up the shop? - Nobody but me and the other boy, my father was in the shop but he did not help to shut up the shop.

Which of you held the candle? - Neither of us held the candle.

Where did the candle stand? - The candle was standing on the little shaving tub that we had, and the other by the window.

Was the little shaving tub covered or open? - It was covered with a board that we always had over it.

Did that board cover it intirely? - Yes Sir, intirely, it was but a little one.

Who bolted the cross bolt at the top of the flap of the door? - My father did that, because it was out of my reach, I could not do it.

Where does the other shaving tub stand? - It was in the window next to little East-Cheap.

Where does your father generally work? - At the shaving tub in little East-cheap, that is the large shaving tub.

That was not covered was it? - No, that is never covered, but the candle was in the window because we could not work if it was upon the presses, the board that we work upon is over the big shaving tub, but does not cover it.

Who went for the beer that night? - The other boy, the prisoner.

Did he and you go up stairs to bed together? - Yes Sir, both together.

Was it long before you fell asleep? - No, Sir, it was not long.

Do you recollect whether the other boy fell asleep before you or not? - I do not know, we had no conversation together in bed that night, but mostly he would talk, but that night he did not.

Which way did you get out of the house? - I could not get down stairs, but my father and I went up to the fourth story and I got out of the window, and I jumped down to the next house.

Which way did your father get out? - The same way.

Did you see what became at all of your mother? - I heard her cry terribly, and I staid about five minutes after my father.

Did your father try to get your mother out? - Yes, Sir, he tried, and his hands and his nose were all scorched, and he had something to rub them with.

Did he come into the house a second time? - He jumped out and tried to get my mother out, and he could not, and he came in again and he tried to lift her up and could not, and he was obliged to leave her in that distress; I first saw the prisoner at Mr. Draper's, he came and asked me how I did, says he, George how do you do, I came to see how you do, says I, I am hurt terribly, and my mother is burnt, says I, how did you escape without hurting yourself, and he told me at that time he got out of the window.

At what window? - He did not say which.

Did you ask him any questions about leaving you, or not waking you? - I did not mean to ask him any questions for fear that if he did set the house on fire that it would frighten him, and therefore I did not; I had heard at that time, that he was suspected, and I said nothing more to him then I could help.

Mr. Silvester. Who used generally to fetch the beer of a night? - I did.

There were a quantity of shavings in the box? - There were about nine pounds.

How do you know? - Because they lay quite light in the shaving tub, on purpose to make a little show, because it looked naked without, as we had but been lately moved in.

You had one candle and you father had another? - I was at that time folding, I did not work at the press in East-cheap, I worked at a mahogany board.

Jury. Had you any candles to go to bed with that night? - My mother went up stairs, she went in the other room, there was a little closet that we slept in, and when we got into bed my mother took down the candle.

Court. Do you remember, my boy, whether there was one candle or two burning in the shop when your father was at work? - I do not rightly know, I cannot positively say either way, whether there was one or two.

Was there any fire in the kitchen do you know that night? - There had been a fire, there was but very little fire left.

Is there any tinder box and matches kept in the house? - Yes.

Where does that usually lay? - It was put in the drawer under the dresser, as there is in most kitchens a drawer under the dresser, it was kept in there, I have had occasion to go to the drawer, and have seen the tinder box there.

Who got up first in a morning? - The prisoner and me both got up together.

In the winter time who gets up first? - Both together at seven.

How long had the prisoner been with you? - He had been off and on a matter of a twelvemonth on liking, but he had not served above two months of his time; we both got up together, my father and mother did not get up so soon; I used to strike the light, for I lighted the fire for my mother.

Was the other boy with you? - No, he was sprinkling the shop.

How did he get a light? - We did not get up before day light.

Did the boy know where the tinder box and matches were kept? - I do not know, Sir.

Mr. Silvester. You had not been above a fortnight in the house? - It wanted a day of a fortnight.

Court. How old is the boy? - Seventeen.

Is he so much? - He is something thereabouts, I will tell you why, he was saying to my father, says he I am seventeen years old, do not you tell my mother that I told you, but my father knew it, for I heard her say I deceived you in this boy, for I told you he was but fifteen, but he is seventeen.

Court to Prisoner. Will you say any thing for yourself, or will you leave your defence to the witnesses your Counsel will call?

Prisoner. I leave it to my Counsel.

JOHN JONES < no role > sworn.

I am a fish-man, as I was going to Billingsga te that morning of the fire, it wanted a quarter to four; I was examined before Mr. Alderman Hart and was bound over, the first thing I saw going to market was this soldier coming towards Tower-street, and he made a full stop at this house, the name of the other man that was with me is James Sheridan < no role > , I saw the soldier lay his head to the door and listen, and he said to me it is my opinion here is a fire here, I looked over the door way, there were three or four pains of glass, I saw there was a fire, I immediately began to knock and call as loud as I could, to awake the inhabitants, I knocked five, six, or seven minutes as near as I can guess, and this lad came down stairs, he had never a hat on and his stockings were about his heels, and his waistcoat was open it was not buttoned; I said to him my dear make all the haste you can and awake the family, and desire them to come down stairs, as soon as ever they can; then the child went up stairs again immediately and went out of my sight, but how far he went I cannot say; he came down stairs again, and said I can go no further the smoke choaked me so; then I saw no more of him.

Did he say any thing more to you? - When he came down again he said I wish you would go up stairs, I said no, my dear, the danger is so great I will not go up stairs at all, I should have been to blame if I had, the fire pouring down stairs so as it did.

Did you make any observation on the boy at that time? - Only as I mentioned, of his waistcoat being unbuttoned and his stockings about his heels.

Court. What are you? - I sell fish for my living.

Where do you live? - I live in Kingsland road.

The soldier was at the door of this house before you? - He was.

Where were you when first you saw this boy come down stairs? - At the door.

Who opened the door? - The boy opened the door.

Then how do you know that he came down stairs? - That I cannot be positive, but he opened the door, I know he opened the door.

But you did say that he came down stairs. - Whether he was below stairs or up stairs I cannot say.

Where was the soldier and the other man Bowland when this conversation passed? - When I came to the door there was nobody with the soldier, he was listening his head against the door? - Bowland came up after I was there.

But before the boy went away did he come up, before the door was open? - That I cannot tell.

Where was he and the soldier after the door was open, that you had all this conversation with the boy? - The soldier and I was together, and Sheridan was there, whether the other man was there I cannot say.

Then Sheridan, and you, and the soldier, were in the shop when this conversation passed? - I never went into the shop any farther than stood at the door and hallooed, I staid at the door on the outside, and the boy was within; I talked to him, and he came down stairs and had that conversation, I did not go into the house at all, I was no nearer than upon the step of the door.

The soldier and Bowland both went in? - They might, but I do not know whether they did or not.

When the boy said the smoak choaked him, in what state was the fire then? - It burnt very fiercely, and when the door was open, it run up the staircase very fast, it was not on fire till the boy came down.

Did you see him have any thing over his arm when he came down the second time? - Upon my word, Sir, I did not take notice that he had.

How long might this conversation between the boy and you take up? - Not a minute.

Mr. Sylvester. Your Lordship understands this witness was bound over by the Alderman to prosecute.

JAMES SHERIDAN < no role > sworn.

Mr. Sylvester. Tell your own story. - I was going just close to this house, and there was a soldier going by, and he said this house was on fire, and we stooped down and looked through the wainscot and saw it was on fire, and we looked through the glass and saw it was on fire.

Court. What wainscot? - Through the crevice of the shutters; then we alarmed the place, and called out fire as loud as we could, and we were the space of five or six minutes before any body came to the door, and the boy came to the door, and as far as I understood there was a key in the door, and he was puzzling at the door, I computed it to be half a minute before he could open the door, and I called out, and when he opened the door, he said what is the matter, and we said, do not you see the place is all on fire; he was without his hat, and his coat and waistcoat, if he had a waistcoat on, it was quite open, and his stockings were about his heels, and says we, go up stairs, and awake the people up stairs, for fear they be burnt; with that he went up stairs, but how far he went I cannot say, for the fire and smoak were so great, there was no such thing as that he could go farther up.

Did he say any thing when he came down again? - No.

Did he say whether he had been up to the top or not? - No, he did not, he never spoke a word, only wanted one of us to go up.

What did he say? - He wanted one of us to go up, he said he could not go up.

You say his coat and waistcoat was quite open? - His breast was quite open, and his stockings about his heels, and no hat on.

That was plain to be seen by any body? - Yes.

What became of the soldier? - He might be there, I do not know.

Did you go into the shop? - No.

Did you see one Bowland there? - Yes.

Look at him? - That man was there, but he was not there at the first of the fire.

Was he there when the boy opened the door? - I cannot tell, he might come up at the same time.

Did the boy bring out any thing with him? - Not as I saw, because I never looked, if he did bring out any thing it must be a small thing; I saw one or two people on the leads, I saw one man in his shirt, and he stood for the space of a minute I suppose before we could make him move at any rate; I told him not to come down the stairs, for he would be burnt.

Then when the boy came to the door, you heard him puzzled at the key of the door some time before he could open it? - Yes, very nigh half a minute.

Did you hear him draw any bolts? - No. He seemed very much frightened.

MOSES ROACH < no role > sworn.

Mr. Sylvester. Tell the Court and Jury the first thing you saw at this fire? - The first thing I saw was John Jones knocking at the door; I passed by the door first, I went on I suppose twenty yards, John Jones < no role > and James Sheridan < no role > were after me, they met another man and talked about this house, we turned back, and Jones knocked at the door before I came up, and I went and knocked at the doors on both sides of the way, up and down, a good many doors, and I came back again, and some time after I came back the door was open.

Who opened the door? - A boy.

Did you observe the lad when he came out? - No farther than seeing him open the door, he had no hat on, how he was dressed otherwise I cannot say, as nigh as I can guess it might be five, or six, or seven minutes, from the first knocking at the door to the time the door was opened.

Court. You did not observe you say the boy's dress? - No, Sir, nothing particular, but that he had no hat on.

Jury. Who was the man that your companions were talking to when you came back? - I do not know who he was, I never saw him before.

Now when the boy opened the door did you go into the house? - No.

Who went into the house? - I cannot say, as soon as he opened the door I did not stay above half a minute at the door, I went and knocked at the doors on both sides of the way; I did not see what became of him after he opened the door.

Did you hear him before he opened the door at all? - I came to the door about a minute before it was opened.

MATTHEW NEWTON < no role > sworn.

I am a watchman at Billingsgate Ward.

Mr. Sylvester. How near was your stand to this fire? - The stand was facing the back door, the fire began at the back door, I was walking upon my beat when this fire began.

When was you alarmed at this fire? - There were some men came by, what men I cannot tell, they called to me and said there was a fire, I ran up immediately, and found the door open, I saw a boy there, and the master I saw at the top of the house in his shirt, I told him to fly for his life, I thought the inhabitants were in so much danger; I saw the boy without his hat, and I think his stockings were about his heels, if I can remember right; I do not remember any thing more, I was without my great coat being warm weather, and that was the reason I was not known.

Court to Algey. Who was the first man that went into the shop with you? - I cannot say, if there was any it was Bowland, I saw nobody but him in the shop, and I believe he stood at the threshold of the door, I stopped in immediately and made the reply the shop was on fire.

Did you hear the boy fumbling with the key? - I am very clear there was never a key put into the door, he drew < no role > the spring lock, and opened the door immediately, and came into the street.

Court. You say the same, Bowland? - Yes.

Now those people that you have heard examined, you have heard the conversation they say passed between them and this boy, did any such conversation pass? - Not to my knowledge, they had not time to have such conversation.

Court. He says he came down with his waistcoat unbuttoned, and his stockings about his heels? - I am clear it was a black waistcoat, and some part of it the lower part was buttoned.

Court. I will tell you what the conversation was, (read it) did any such conversation as that pass? - Not to my knowledge, I am very sure they had not time enough for such a thing.

Could such a conversation as that pass without your hearing? - No.

Bowman. I say the same, and that he went in but once and came out directly, he went in for his coat, and put it over his arm and came out directly.

Mr. Sylvester. Did not he attempt to go up stairs at all? - No.

Algie. I was within the shop, I do not remember seeing Jones there.

Bowman. I remember them both there, they were standing by the kennel.

CHARLES CORBETT < no role > sworn.

Court. You are the father of this unfortunate young lad? - I am.

Where did you lodge in the beginning of June last? - At Newington Butts.

Where did your wife keep a lodging house? - In New George-street, by Blackfriars Bridge.

Do your wife and you live separate? - We do.

- COOPER sworn.

What are you? - A stock broker, I have known the prisoner about five or six years.

What has been his character during that time? - I never knew any harm of him, I always took him for an inoffensive innocent boy.

Was that his general character? - As far as I knew.

Mrs. BROADBRIDGE sworn.

I am a servant, I have known him between nine and ten years, a very innocent lad as ever I saw or knew, I have been with him three or four months together.

THOMAS HUMSTON < no role > sworn.

I am a farmer.

How long have you known this boy? - Above nine years, I looked upon him as an innocent boy always, I have seen him have a quarrel with his brother, I always found him willing to make the matter up, never found him ready to bear malice.

Court. Gentlemen of the Jury, the prisoner is indicted for a capital felony, for setting fire to the house of John Duffey < no role > , and there are very few trials occur which require more attention, or which should be considered as more important than the present, for the charge against the prisoner, under all its circumstances, is one of a most aggravated and atrocious nature, and such as if he is guilty, he is extremely dangerous to society, and extremely unfit any longer to be suffered to continue a member of it: on the other hand, the very magnitude of the charge renders it still more improbable, that a boy, who has hitherto had the character of a harmless inoffensive lad, should without any degree of provocation alledged, or any thing that could excite malice in his mind, commit so great an offence. This matter is certainly after all our endeavours to investigate the truth, by no means set so perfectly clear or free from difficulty as could be wished, and I must rely therefore upon the attention you have paid to the evidence, and upon your opinion on that evidence. It is my duty to bring back the most material part of that evidence, and at the same time to trouble you with a few observations thereon, having no doubt but many more, equally material, will occur to yourselves. The first witness is the suffering party, John Duffey < no role > , and he says, &c. (Here the learned Judge summed up the evidence, and observed) It is a fact proved by all the evidence beyond a possibility of doubt, that whoever was the cause of the fire, it certainly began in the shop; no inference should be drawn from the boy's being denied by Mr. Berry, because it is very probable if it was so, that Mr. Berry did not know the boy was in the house: Mr. Berry is an attorney of character in Carey-street. The only circumstance of apparent contradiction that appears to me between the boy and his father-in-law is, as to the manner of shutting up the shop; the father seems to speak to that as his own act, and did not speak of the boys at all, he did not explicitly say so, but that he himself did shut up the shop, and the circumstance of bolting the flap, which was high, the boy speaks of as done at the same time, whereas the father speaks of it as being done at eleven. As to the fire, it certainly proceeded from the shaving tub under the stairs, whether it was by accident or design. One of the witnesses says, the prisoner told him the next day that his master was such an illnatured man he would throw him into the fire; and this expression is the only circumstance that shews the smallest ground of malice or ill will against his master. The circumstance of the prisoner going over Black Friars Bridge does not appear to be very material, when you consider his father lodged at Newington, and his mother lived near Black Friars Bridge. The material circumstances that arise from the evidence on the part of the prosecution to affect the prisoner, are these: first, his leaving the room where he slept, and the other lad his companion and bed-fellow, without waking him at all, or disturbing him: his opening the door by the spring lock, which the night before had been bolted and chained; and coming out with all his clothes on, and immediately going off, and then giving at different times of the day an inconsistent and therefore false account of the manner in which he had escaped from the house: there are several witnesses called on the part of the prisoner to take off and lessen the force of these material circumstances; but with respect to the circumstance of the boy not having waked any of the family, and not even his bedfellow, that stands utterly uncontradicted, and it is incapable of contradiction. It is very observable that these witnesses on the one side or on the other, have not, that we know of, any connection with the parties, or any bias to mislead them from the truth, yet certainly their testimony shews a great want of recollection. The circumstances in which they differ are material; one party represents the boy as finding difficulty in opening the door, and puzzling for some time before he could get it open, and another says he opened it directly: and there appears in the manner of Jones's relating the expressions he made use of, a discourse that does not look like a hurry, and which cannot help striking one as not quite consistent with the situation in which it passed. This is the whole of the evidence, and certainly this is a case deserving a very attentive consideration; for to convict a lad of a crime of this nature upon circumstantial evidence, of a crime of this enormous magnitude, and the punishment of which must be severe and certain, if there be any reasonable chance of his innocence, would be a thought shocking to humanity: on the other hand, if the boy is guilty of the crime of setting fire to this house, the crime is such a one as calls for public justice, and the safety of society does not permit such an offender to pass unpunished; so that it is far from being an indifferent matter either way, for if he is guilty, the injury is done to the public; and if he is not, a most heavy and dreadful injury would be done to an unfortunate individual if he should be convicted; but this rule is certainly a safe one for Juries and Courts of Justice to abide by in doubtful cases, that dangerous as it is for the public, that enormous crimes should go unpunished, it is better that many guilty persons should escape, than that one innocent one should suffer; the circumstances are certainly unquestionably those of strong suspicion, the most material that strikes me, is that of the boy if it be true, that he was alarmed by the noise made by those people at the house, not awaking his companions; the natural effect of a fright as you all know, is to fly to those that are near; the natural effect of fear would have been in the first place instantly to alarm his be d fellows, and the next to fly into his master's bed chamber, and it is very difficult, supposing you believe that part of the evidence to be true, which depends on the credit of Duffey and his son-in-law, to account for this boy leaving his companions asleep in bed, and coming down with all his clothes on: another material circumstance, still supposing you believe the evidence of Duffey is, that the door of the shop which this boy unquestionably opened (for that is proved by all the witnesses on all sides), was the night before bolted and chained with two bolts and a chain, and among the witnesses who heard him open the door, three of them heard him only open the spring lock, tho' a fourth speaks of the circumstance of the boy fumbling sometime before he opened the door, but in which he must be mistaken; this together with the boy having his clothes on, and coming out in the manner he did, and after he had escaped from danger, youthful curiosity would probably have led him to be a spectator when out of danger himself, are strong circumstances against him: on the other hand there is no visible cause of malice which could actuate him, no evidence of hard treatment, no evidence of any precedent declarations of malice on his part, there is but one single expression in the whole of the case that in the smallest degree indicates any such thing, which is what Bush says, that the boy said his master was such an ill natured man, that if he saw him there he would throw him into the fire; and it is extremely difficult to suppose that human nature can be so depraved, as to commit an act of this kind at any years without great provocation, but still more so at his early years. The next circumstance is this, whether consistent with the evidence you can account for this fire without supposing it happened by design; and there, there certainly arise several favourable circumstance for the prisoner; for it is proved perfectly clear it began in the shop, and the shaving tub being under the bench where the man worked that night, and he having his candle not on a flat but in a high candlestick, and snuffing it as often as he had occasion, and snuffing it out at last and carrying it away, it is not very improbable that a spark from the snuff of that candle might fly among those shavings; but then on the other hand the most likely consequence might be, that that would cause an immediate consflagration; but yet again we all know the effects of fire are different, and that a small spark will sometimes moulder many hours, so that no certain conclusion can be drawn in this case, unless you think the conduct of the boy is such as to exclude all possibility of innocence. But you gentlemen will weigh all these circumstances in your minds, in such a case you certainly will not convict the prisoner on a mere suspicion; but if you think his conduct such as can by no possibility be accounted for consistent with his innocence, you will be obliged to find him guilty; I do not mean to say that you are to strain against all evidence, or that if you are clearly and truly convinced of his guilt in your own minds you ought to acquit him, but I say if there is a reasonable doubt, in that case that doubt ought to decide in favour of the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.