2. JAMES HAMILTON otherwise SMITH proceedingsdefend and MARGARET CHESSER , otherwise MARGARET wife of JAMES HAMILTON proceedingsdefend were indicted for breaking and entering the dwelling house of Thomas Reed proceedingsvictim , between the hours of three and five in the afternoon, on the 12th day of September last, one Elizabeth Faulkner < no role > , spinster, then being therein, and feloniously stealing therein, sixteen callico shirts, value 8 l. sixteen linen stocks, value 8 s. six linen handkerchiefs, value 12 s. two sattin waistcoats, value 20 s. four cloath coats, value 6 l. two striped silk waistcoats value 20 s. two dimity waistcoats, value 15 s. two pair of black sattin breeches, value 20 s. six pair of silk stockings, value 20 s. ten pair of silk and cotton stockings, value 50 s. three table cloths, value 20 s. one pair of silver shoe buckles, value 20 s. one pair of stone knee buckles, value 20 s. one silver table spoon, value 10 s. six tea spoons, value 12 s. the property of the said Thomas Read < no role > ; one silver tea spoon, value 2 s. two lawn handkerchiefs, value 5 s. the property of Mary Langley proceedingsvictim , widow .

A Second Count for stealing the same goods in the dwelling house of the said Thomas Read < no role > .

Mr. Macnally, Council for the Prosecution opened the Case.

May it please your Lordship, and you Gentlemen of the Jury, I am Council on behalf of this Prosecution, and I cannot but express my feelings on this occasion, as it is the first time I ever led in a business of this nature; I must however do my duty in stating the facts, which I am instructed will appear in evidence, and if they do, there will be no doubt of the guilt of one of the prisoners, James Hamilton < no role > ; it appears by my instructions, that Thomas Read < no role > is a hair dresser , he had discharged a maid servant, and taken in to do the office of that maid servant, a woman named Langley, and in her absence, she left a woman named Faulkner in the house: on the 20th of September, a person, whom I am instructed will be proved to be the woman prisoner, called at Mr. Read's house, and enquired if Mr. Read was at home, being answered in the negative, she then enquired whether the former servant was in the house, she was told no such person resided there; upon which she retired, and soon after the prisoner James Hamilton < no role > , with another man who has escaped, came to the house and made similar enquiries after Mr. Read, being informed he was out, they went into the parlour and called for a pen and ink, they then seized the girl, tied her, gagged her, and blindfolded her, put a pistol to her head, and threatened to blow her brains out; they then broke open the escrutoir, and they robbed the prosecutor of the articles mentioned in the indictment; and also robbed the house of other articles; they then left the house; and it will appear to you in evidence, that the articles taken from the house, were found in the possession of the prisoner; as to the woman, I have only to state this to you, that she was the first person that went to the house, and that she was afterwards found in company with the persons, who were taken with the goods upon them: I shall not take upon me to state to you the law on the case, but will leave that to the Court, in whose wisdom the Constitution has reposed the power of directing the Jury in such cases. Gentlemen, if these facts are made out in evidence, it will be your duty to find the prisoners, or one of them, guilty of the charge in the indictment.

The witnesses examined apart at the request of the Prisoners.

ELIZABETH FAULKNER < no role > sworn.

I know Thomas Read < no role > , he lives in St. James's-square , he is a hair dresser; on the 12th of September, I was at Mr. Read's, Mrs. Langley was servant at that time in the absence of Mr. Read, and I was a servant to her; and Mrs. Langley was gone out, and a woman came and knocked at the door, that was the prisoner at the bar; I opened the door, she asked me for the servant that lately lived there, I told her she was gone away, she then asked who kept the house, I told her it was a gentlewoman, Mr. Read had got to take care of the house in his absence; she then said, we shas an acquaintance of the maid's, and was come to drink tea with her; I said, the late servant's name was Bannister, she said, she was an intimate acquaintance of Mr. Read's, then she set down; she went to the door, and asked to go down stairs to a convenient please I told her it was very dark, and she go, then she set down a bit, and again, she was an intimate acquaintance of the maid's, and went away; about ten minutes after she went away, that day, the prisoner James Hamilton < no role > came, and another man, I was sitting at the widow, they asked if Mr. Read was at home, I told them he was not in town, it was the prisoner that came up to me to the window; I asked him his message, he said, he could not leave it with me; he asked for a pen and ink and paper, I immediately opened the door and let them into the parlour, and reached the ink, and was looking for a piece of paper; I set the ink on the table, then the prisoner at the bar said to the other, come in Will, and Will came in and shut the door; then the prisoner held a pistol to my face, and he bid me not say a word, if I did he would blow my brains out immediately, and Will as he called him, the other person, came in and shut too the windows, and put up the iron bar.

Court. Did this room look into the square? - Yes, I then begged to go out of the room, they said no, no, and the prisoner pulled me down on the floor; then he blinded me with a handkerchief, and thrust a large pear into my mouth, and tied the handkerchief over my mouth, and he tied my legs together, and my hands behind me, and sat upon me, while Will the other man, went out of the room, as I suppose up stairs; there was a dog in the house which barked very much, and the prisoner at the bar said take care of the dog, and the other man took the dog and cut his throat directly; I know nothing of what was done up stairs, as I was blinded; they then carried me up stairs, and laid me on the sopha, and told me to be still while they were gone away, for they would take the key of the street door and go away, they said, they were only going to take the things to the coach.

Did you hear them go about the house? - Yes.

What time in the afternoon was this? - At three o'clock when the woman came.

Did they come back again? - No.

How did you get released? - They cut the tape off me three times, with which I was tied, as I suppose to tie up their bundles with, so they loosened one of my hands, there was a table with a green handled knife upon it, and I took the knife and cut the string, the prisoner was dressed in a green coat, with a black collar.

Had you ever seen him before? - No.

How long might he be with you, before you was blindfolded? - I suppose he was in the house about a quarter of an hour.

Did you take notice of him at that time, to be sure he was the same man? - Yes, Sir, I know him perfectly.

When was he taken up? - I think it was two days after, it was Monday or Tuesday.

Did you know the other man? - No.

How was he dressed? - In brown cloaths.

THOMAS SHUTE < no role > sworn.

I am a hackney coachman; on the 12th of September, I was going along Pall Mall a quarter before four or thereabout, and the prisoner James Hamilton < no role > called coach, I was empty, I turned about, and he told me to cross the street, he had a large bundle under his arm, and he said there was another to take up across the street; another man had the other bundle, I helped with the two bundles into the coach, and they got in and ordered me to Temple-bar; at Charing Cross they pulled the string, and the gentlewoman at the bar got in, then they ordered me to Temple-bar, they stopped there and had a pot of beer, they asked me to drink; then they ordered me to Berwick-street.

Court. Where had they beer? - Facing Chancery-lane, they staid there about five minutes, while they got the beer, then they bid me go to Berwick-street, I sat them down at the corner of Chapel-street, and they went there and paid me.

Did the woman go from Charing-cross to Berwick-street, and into the house? - Yes, they all three went into the house, I left them there with all the things, I carried one bundle and they took the other.

Mr. Silvester, Prisoners Council. You did not know this man before? - No.

Nor the woman? - No.

Did you take such particular notice of your passengers to know them again? - I did take such notice of that gentleman and the lady.

Is it usual for you to take notice of your passengers in the day-time? - I never saw them afterwards or before.

Court. How was he dressed? - This gentleman had a green coat on I recollect.

Had he a collar to it? - I did not take particular notice of any thing of that sort.

Was it near the opening of St. James's-square into Pall-mall? - Very near, I did not go into the square.

Court to Elizabeth Faulkner < no role > . Mr. Read's house, I suppose, is on that side of the square which is next to Pall-mall? - Yes.

Has he a door into Pall-mall as well as into the square? - No.

Then any body that comes to that house must come into the square? - Yes.

Court to Coachman. Did you happen to see whether he came from the square? - I did not.

CHARLES JEALOUS < no role > sworn.

On the 13th of September I apprehended the prisoner; I believe about seven in the evening an information came to the office, we went immediately on hearing it to No. 1, Church-yard-alley, Cursitor-street, I went and knocked at the door, as soon as the door was open I went up stairs, I saw the prisoner James Hamilton < no role > , and two more men, and the woman at the bar; I looked at the prisoner, and told him he must go along with me.

Court. Had you information of him? - Yes; the prisoner at that time, with one of the other men was sitting without his coat, and they had a goose for supper; he says to me, Sir, I hope you will let me put on my coat; if you please, Sir, says I; says he, I shall go into the other room, my partner went with him, in a minute I heard a scuffle, and I went in directly, and saw a pistol at my partner's head, I immediately turned round; my partner's name is Beamish, and he turned round and clapped the pistol to my head, and pulled the cock, and drew < no role > the pan up, upon that I got hold of his hand, and took the pistol from him, it was loaded, but no prime in it, as luck would have it; he had two pistols, one in each hand, we got them from him, then he got hold of a hanger.

Court. Where did he get the hanger? - He got it in a moment, he must have got it off the bed; we got that from him, and the candles were knocked out, I immediately took the pistol and cut him over the head, we got him out of that room and brought him into the other room, and I says to my partners, Crosby and one Lebar, good God! what is become of the other man? says he, he is gone; says I, what did you let him go for? The other man escaped; the woman prisoner put the candles out.

Court. What sort of a coat did the prisoner put on afterwards? - A brown coat.

Did you see any other coloured coat he had there? - No; I brought him away immediately as fast as I could; I did not search for any thing.

Mr. Silvester. You found no goods there? - No, I had enough to do to take care of him.

Do you know whether these people are married or not? - I believe there is a certificate; but I cannot say in my own opinion I really think they are.

Court to Elizabeth Falkner < no role > . Was that the sort of pistol that the prisoner held to your head? - No, Sir, I think it is not, there was more wood about that pistol that the prisoner held to me.

Mr. Silvester to Jealous. Did you see the certificate? - Yes.

ROBERT GREGORY < no role > sworn.

I went to search the lodgings the same evening the prisoner was taken, I have two coats, five pair of stockings, a silk handkerchief, and a spoon.

Court. Where were these lodgings? - In Church-yard-alley, somewhere near Holborn, near Castle-yard.

(A green coat with a black collar produced.)

Court to Falkner. Look at this coat? - This i s the coat the prisoner at the bar had on when he came to Mr. Read's house.

Mr. Macnally. Is there any blood on that coat? - I believe there is; I found this blue coat, five pair of stockings, and two silk handkerchiefs.

THOMAS READ < no role > sworn.

(Deposes to the blue coat.)

I know it from the particular buttons and stile of making, if you observe, it is peculiar half lappelled, and the sleeves a size peculiar to myself, neither lady's nor man's size; these are stockings with my mark, T. R. here are five pair, here is a silver salt spoon, the fellow of which I have brought.

Court. Now, upon your oath, what do you take to be the value of those things? - The six pair of stockings cost me six shillings a pair, I think I might say one pound one shilling for them and the coat.

Court. Then you state the whole at a guinea? - I state the whole at a guinea, the six pair of stockings and the coat, the coat cost me three guineas.

Mr. Justice Willes. What do you value your stockings at, and what do you value your coat at? - I value the stockings at half a guinea, and the coat at half a guinea.

Court. Were these things, the coat and stockings, at your house the 12th of September? - They were, I double locked the door where they were before I went.

Mr. Silvester. When had you left them there? - The 30th of July last.

Then from July to the 13th of September, you do not know whether they were there or no? - I do not, I was abroad at the German Spa.

Court. You left them the 30th of July, in the escrutoir, in your house? - Yes.

What room was that in? - In the front room up one pair of stairs.

Court to Falkner. Do you know the escrutoir that Mr. Read speaks of, in which the things were, in the front room up one pair of stairs? - Yes.

Before these people came into the house, were the locks of that escrutoir safe? - I do not know, I never was in that room before then.

Before these people came in, was the door of that room safe? - Yes.

Not broke? - No.

Did you find it broke after they went away? - Yes.

Mr. Justice Willes. How soon after they went away did you find the door broke? - When the people came to my assistance, they searched the house.

How soon did you yourself see the door open? - After the people came into the house to my assistance I saw it.

Did you see it open at the time when they first came into the house? - I did.

- DICKSON sworn.

I found these things at Smith's, at the lodgings of the prisoner, in Church-yard-alley, on the 13th, the day after the robbery.

Court to Read. Look at a few of the things of the most value that you can swear to? - Here is nothing here but stockings.

Dickson. This petticoat and gown were brought here, because the girl said the woman prisoner had it on at the time she came to the house.

Mr. Read. Here are five pair more.

What do you value them at? - At half a guinea more.

Court. Is there any more of your property found? - No, my Lord.

MARY LANGLEY < no role > sworn.

Mr. Macnally. Was you employed by Mr. Read to take care of his house? - Yes; I lost this spoon and handkerchief.

Court. What is the value of them? - About half a crown.

Mr. Silvester. My Lord, as to the capital part, there seems to be no breaking, it is not like a burglary in the night, there must be an actual breaking of the house.

Mr. Macnally. My Lord, they got into the house with a felonious intent.

Court to Falkner. Was there any other room in the house broke open besides that? - No.

Mr. Silvester. Did the people come first to you, or did they go up stairs before they carried you? - They came first to me.

Mr. Silvester. I have always understood, that to constitute this particular offence, there must be an actual breaking into the house, not afterwards a breaking when in the house, and that is the distinction between this and burglary, because in burglary they may first get in by fraud.

Court to Read. You have swore to the value of these things that were found, you have sworn very tenderly as to the value; you have lost a great many other things, can you name any of the other things? - Yes, I lost sixteen callico shirts, and about twelve or more linen ones, I lost several coats, and nine silver spoons; the callico shirts I value at eight guineas, four coats at a guinea a piece, and divers other things.

Court. Who had the key of this room? - An acquaintance of mine in York-street.

Court. You need not call any people to the woman's character, there seems to be sufficient evidence before you to induce you to believe she is the man's wife.

The prisoner James called four witnesses to his character.

Court to Jury. It is for your consideration, whether this prisoner is not guilty of stealing the rest of the things which the prosecutor lost, as well as those which are produced.

JAMES HAMILTON < no role > , GUILTY Of stealing goods in the dwelling house above the value of 40 s. Death .

MARGARET CHESSER < no role > , otherwise HAMILTON, NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM < no role > .

3. The said JAMES HAMILTON < no role > was again indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Holland proceedingsvictim , Esq . about the hour of eight in the night, on the 9th day of August , and stealing therein one silver tea urn, value 15 l. one silver coffee pot, value 6 l. one silver bread basket, value 6 l. twenty four case knives and forks with silver handles, value 8 l. twelve desert knives value 40 s. twelve table spoons, value 4 l. two silver tea spoons, value 4 s. one silver tea cannister, value 6 l. one silver sugar cannister, value 3 l. two pair of silver shoe buckles, value 40 s. one pair of stone knee buckles, value 10 s. one man's linen neck handkerchief, value 12 d. one other handkerchief, value 12 d. the property of the said Richard Holland < no role > .

And the said MARGARET CHESSER < no role > , otherwise MARGARET, wife of the said JAMES HAMILTON < no role > , was again indicted for feloniously and maliciously inciting, moving, procuring and abetting the said James Hamilton < no role > to do and commit the said felony and burglary aforesaid .

DOROTHY MACKENZIE < no role > sworn.

I live with Richard Holland < no role > , Esq. No. 18, Orchard Street , on the 9th of August his house was broke open between the hours of seven and eight in the evening, a woman came and knocked at the door, and inquired for Mrs. Holland, I told her she was not at home, she bid me good night and I shut the door; then two men came and knock'd at the door, one of them had a letter in his hand and said he brought it from America for Mr. Holland, I told him Mr. Holland was not at home, he said it must be sent to him, he asked me for his address which I gave him, he asked me for a pen and ink, I went to fetch it and he walked after me, and push'd me backwards in the hall, and presented a pistol, and told me if I made any noise he would blow my brains out that instant, so then he took me into the back parlour, the prisoner at the bar was the person, and he asked me for the keys of the parlour door, I told him I had never seen any, he went to Mr. Holland's book case and brought the keys from somewhere about the book case, he told me he was informed Mr. Holland was a man of great fortune and property, and he was come to rob the house; my husband's sister came and knocked at the door, he ask'd her to walk in, and she came in, and then he took hold of her and said she was his prisoner; she is not here; so then he tied our hands, then my husband came and knock'd at the door and he let him in and they brought him in and tied him hand and foot, and locked us all in the back parlour; I believe they were about an hour and three quarters; after they were gone my husband's sister got her hand into my husband's pocket and got a knife and unloosed him, none of the property has been found since, but a couple of handkerchiefs.

When you got loose what did you find in the house? - The drawers were broke open and the book cases, they got the key of the plate chest and opened it, none of the property has been recovered but the handkerchiefs, I do not know what Mr. Holland lost.

GEORGE MACKEZE < no role > sworn.

About eight on Monday evening I was let in by the prisoners to the house of Mr. Holland, which my wife and I at that time took care of, when immediately as I got in the door was shut, and I was surprized by the prisoner presenting a pistol to my head and swearing he would blow my brains out if I made any resistance, at that instant his partner who was in the back parlour rushed out with a drawn cutlass in his hand, they secured me and conducted me into the parlour, and tied my hands behind my back, and made me follow them all over the house, leaving my wife and sister lock'd in the parlour, till such time as they had plundered the house of every think they thought of value, I saw them break the locks of Mr. Holland's book case and from it take gold, bank notes, table and tea spoons, buckles and many other things; from a plate chest below, I saw them take a silver tea urn, three silver tea cannisters, some table spoons, knives and forks, and other things, but I could not tell what, they strove to prevent my seeing as much as lay in their power, they put them into a long bandbox which they brought with them for the purpose of carrying them away; after that they made me go where my wife and sister were, they took my garters off my legs, and with one they tied my hands and the other my legs, they then lock'd the door; they made strong threats against our lives if we made any noise or appeared against them; and then in about ten minutes after they left the house.

Of what value might these things be? - About eighty pounds.

None of these things were found again? - Not to my knowledge.

CHARLES JEALOUS < no role > sworn.

I know nothing more than apprehending him, as I have mentioned, the other people found something on him.

- DIXON sworn.

These two handkerchiefs were found in the prisoner's lodgings.

RICHARD HOLLAND < no role > , Esq. sworn.

This handkerchief I am sure of, I have had it so many years, and I have only one of that sort which I lost that night, I have had it ever since the year 1776. It is a muslin handkerchief, I lost another, it has my mark upon it, and I have little doubt of it; I have obtained no other part of my property, the instruments they made use of in breaking open the place were taken on them, and a cutlass, a pistol, and an iron crow, they were taken afterwards.

PRISONER's DEFENCE.

My Lord, I have nothing particular to say, these handkerchiefs that were found, belonged to the man that made his escape without his coat, one of these handkerchiefs was round his neck, and the other was found in the inner room, which has been attributed to me, and the stockings, and all the things that were mentioned in the former prosecution he brought to me, being a shipmate of mine; I leave it entirely to your Lordship.

Court to Jury. In respect of the burglary, it was between seven and eight in the evening, on the 8th of August, when you know it is by no means dark: as for the woman, though the law does certainly protect her, yet as she was so principal an actress in these robberies, if her husband is executed, probably if she has any sort of feeling for him, she will recollect that she has been very instrumental in having his life taken away.

NOT GUILTY of the Burglary, but GUILTY of stealing the goods in the dwelling house . Death .

Tried by the first Middlesex Jury before Mr. BARON HOTHAM < no role > .