430. WILLIAM HARDING proceedingsdefend was indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Snow proceedingsvictim , Esq ; about the hour of three in the night, on the 5th of March last, and burglariously stealing therein a silver tankard, value 15 l. a silver milkpin, value 15 s. a silver candlestick, value 40 s. a pint mug, value 3 l. four silver butter-boats, value 8 l. a caudle-cup, value 30 s. a pair of silver sugar tongs, value 8 s. ten silver tea-spoons, value 30 s. a silver tea strainer, value 3 s. a silver desert spoon, value 8 s. a castor, value 3 s. his property .

(The case opened by Mr. Knowles.)

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

HANNAH CANNADY < no role > sworn.

I am a servant of Mr. Snows, No. 10. Saville-row .

Do you remember on Saturday, the 5th of March last, fastening any of the doors? - Yes, I fastened the door that goes out into the area.

What time of night was that? - About half an hour after eleven.

Mr. Garrow. You was not the last person up? - No, the butler was.

JOHN WADDINGTON < no role > sworn.

I am a servant to Mr. Snow, I remember on Saturday the 5th of March, I went to bed between twelve and one; I examined all the up-stair doors and windows, and they were fast; the next morning I was called up by the footman, William Barker < no role > , about seven; Benjamin Clarke < no role > was the man who first saw it.

When you got up at seven o'clock, what state did you find the house in? - I found a plate chest open, where the plate was, and the things taken out and gone, the chest was in the servant's hall, it was usually locked up, it was a strong chest; I am not particular whether it was locked the night before; it was empty in the morning.

What did you lose from there? - I lost the things mentioned in the indictment, (repeating them.) I have seen them at Sir Sampson's since.

BENJAMIN CLARKE < no role > sworn.

I am a servant to Mr. Snow, on the Sunday morning I got up about seven, and I found the doors all open, quite into the area; when I came down into the kitchen it seemed quite light, which it was not at another time; and I found the lock of the area door was broke open, and the kitchen door was broke open; the lock was drawn quite off.

Was there any other door besides the area door before they got in? - No, only the area door.

Was there any bolt to that? - Yes, one bolt, the staples were drawn out; I saw the plate chest, and it was open, and quite in a litter.

With the appearance of having been rifled? - Yes.

MARY ROBINSON < no role > sworn.

I am servant to Mr. Snow; on Sunday the 6th of March, I saw the china closet, and on the Saturday before; I saw there were next morning ten tea spoons missing, a strainer, a little saucepan, a milk pin, and the other things mentioned in the indictment: the china closet was in the kitchen, it was locked on Saturday night; it was undone, I suppose by a chissel; and in the closet I found a dark lanthorn.

Mr. Garrow. Whose property was the plate that was in the china closet? - Mr. Snow's.

JACOB AARON < no role > sworn.

Where did you live on Sunday, the 6th of March? - At Mr. Barrah's in Duke-street, Duke's-place.

Did you see any body there on Sunday? - I did, there was one called Bill Steward < no role > , Bill Harding < no role > was the other.

Who is he? - Another man.

Do you see that man in Court? - He looks much like him.

What time did you see him? - A little after seven on Sunday morning, the 6th of March.

How many of them in all? - Three.

Did they come to Barrah's house? - They did.

Where was you? - Below in the shop.

What shop does Barrah keep? - A butcher's shop; when the two men that came first came in, they went up stairs, and in about ten minutes, I saw a woman come in with a bundle under her coats as it seemed, and from her manner of walking and holding her hands, I thought she had a bundle under her clothes, and she went up stairs, when she was about ten minutes up stairs, I was called up stairs to my mistress in her bed chamber, she was not up, that is on the second floor, my mistress said to me -

Who was there when you was called up? - My mistress, and Bill Steward < no role > , and the person which they call Bill Harding < no role > .

Do you mean by that Bill Harding < no role > , the man that you think the prisoner is like, or any other man? - I mean by Bill Harding < no role > the man that is like this prisoner; my mistress said to me, Jacob, you must get the shears, this pot cannot be weighed without it is cut; I went down stairs into the cellar to get the shears, and I met our little boy, Abraham Nathan < no role > , he wanted to go up stairs, I told him, you cannot go up stairs, there is company up stairs; I went up stairs with the shears, and I cut a large pot, and Bill Steward < no role > held it for me, while I cut it.

Court. In how many pieces did you cut it? - I cannot recollect in how many pieces.

Did you see any thing else there besides that pot? - Yes, I saw more silver there, spoons, and butter boats, and one thing or other, a great deal of silver, which I did not take notice of; it was laying on a table; my mistress weighed the pieces of the pot in my presence, then she went to her drawers, and took out a purse of money and counted some guineas on the table there, I believe she paid him thirty or thirty one guineas; I know there were some odd shillings to pay, and my mistress said to Bill Steward < no role > , you shall not have the odd shillings; and Bill Steward < no role > made answer, I will not abate a halfpenny of it; then I went down into the shop, and in about five or six minutes I was called up in the kitchen, which is one pair of stairs; there I found Steward, and the man that is like the prisoner, and the woman; and Bill Steward < no role > said to me, Jacob get change of a guinea, and I went and got change, and he gave me half a crown, and asked for the boy to be sent up stairs, which I did.

Where was the other person all the while? - He was standing by, I sent up Nathan; I went out for a quarter of an hour, to do some business in the butchering way for a neighbour; after I came back again, I saw the person they call Bill Harding < no role > , with the woman, they went down first, and Bill Steward < no role > went by himself.

Mr. Garrow. I shall not ask him any questions.

Mr. Knowles. Did you say before the Justice, that you knew the man? - Yes.

Have you had any reason since to doubt of him?

Mr. Garrow. My Lord, I submit whether it is usual for the prosecutor to cross-examine his own witnesses, and to remind him of what he has said elsewhere.

Court. It is not usual, it is not often necessary, but it is not illegal, but I do not over-rule you, however you discredit your own witness by it, you are aware of that; though he has not yet been asked I think sufficiently to that.

Court to Aaron. You have called these people very familiarly by their Christian names, have you ever seen any of them before? - I have seen Bill Steward < no role > very often.

Had you ever seen Harding before? - Never before in my life.

How came you to know their Christian names? - By hearing them called so-in conversation, when they were there.

Did you speak to him or he to you while you was in the room? - No, not a word.

How soon after this was you called upon to see him? - The same day, the Sunday.

Where was that? - Let me recollect.

By all means! - I cannot be positive whether I saw him the same day, but I know on the Wednesday I saw him again at Bow-street, but I cannot be positive for the Sunday; I am sure I saw him on Wednesday, I will not say any thing without I am sure of it.

When you first saw him on the Wednesday, did you or did you not know the man? - Then he looked like the same man again.

Do you know whether he is the same man or not? - He had a long pig tail behind, and a drab coat on, on the Sunday morning.

How was this prisoner dressed when you saw him on the Wednesday at the Justice's? - In the same dress again.

Did you take notice enough of his person, to be able to know the man again or not? - Yes, I think I should know him again.

Then you can tell us one way or the other, whether he is the man or not? - He is in another alteration of dress.

But I am speaking when you saw him before the Justice, was the man you saw before the Justice the same man? - Yes, I am sure of that.

Then if I understand you, your hesitation is whether this is the man you saw before the Justice, because he has changed his dress? - Yes.

Do you know who the woman was that came with the goods? - I never saw her before in my life.

Did you discover from any conversation that passed amongst them, at the time you was up stairs cutting the plate who she was, who she belonged to? - No.

You said that Bill Harding < no role > , and the woman went away together? - Yes.

Do you know where they went to? - No, I saw them cross to a new opening.

Did you know where they lived? - No.

Did you know whether that woman was a single woman? - I only knew by hearing her called by the name of Mrs. Harding.

Where did you hear her called by that name? - In the kitchen.

ABRAHAM NATHAN < no role > sworn.

Mr. Knowles. Do you remember anybody being at your master's house on Sunday the 6th of March? - Yes.

Court. How old are you? - Going in eighteen.

How long have you lived with Barrah? - About three years and a half.

In what capacity did you live with him? - A servant.

In what business? - In the butchering way, to carry out meat; on Sunday morning I went out on an errand, I got up about half after six or thereabouts; when I came back I was going up stairs to deliver my message; I met my fellow servant Aaron upon the stairs, who told me I could not go up, there was some body up stairs, I came down and staid in the shop, he went below in the cellar, and took a pair of shears with him, in a little time after my master came in, and went up stairs, and he came down with a bundle, then my fellow servant came down and went out, and sent me up, I went up, and there sat a man, Bill Steward < no role > , in a chair by the fire side, and a man with a woman in his lap, whom they call Bill Harding < no role > .

Have you seen that man since? - No.

Do you see him here now, look about the Court? - I do not know that I do, I cannot swear, I never saw the man before.

Have you seen him since that Sunday? - No, I have not, I do not know I should know him again, he had a long tail and a cocked hat, and a drab great coat, and when I came up, Steward gave me half-a-crown, and said here is that for you; I did not see these people go away, I saw nothing particular when I went up stairs, only Steward had some money in his hand, and he gave me half-a-crown.

Did you see any thing on the table? - No, I did not look round, I only went to them, and he gave me half-a-crown.

Do you know where your master put the bundle that he brought down stairs? - I gave him a bit of black ribbon off my leg, he opened a place in the wainscot, which is called

"a plant," it was a secret cupboard.

Mr. Garrow. How long have you lived with Mr . Barrah? - About three years and a half.

Did the other gentleman live there before? - Yes.

How often has Mr. Barrah been in trouble since you have been there? - I do not know, he was abroad then.

He was not returned from transportation, he is a pretty wholesale dealer in this fence business, is not he? - I do not know.

Are not you the same witness, that upon a cross-examination before me at Kingston, confessed you had perjured yourself before the Magistrate at Bow-street? - I did certainly, I was sorry I did, I owned it in Court.

Court. You are that witness that said your master desired you to perjure yourself, and you did perjure yourself? - I did, I did say things which I did not say in Court, before Sir Sampson, by my master's orders, I opened all in Court before the gentlemen, I could not help it, I was obliged to say as my master told me.

The man that you call by the name of Steward, I believe is a very old offender? - Yes, I have seen him several times.

He has been tried here very often? - I do not know.

He has been charged with breaking out of Newgate? - Yes.

Had you any conversation with your master, or with any person upon fixing on a new hand, rather than upon Steward? - No Sir, I had not.

MOSES MORANT < no role > sworn.

I am one of the officers in Bow-street, I went to Barrah's house, on Sunday the 6th of March last, between ten and eleven o'clock in the morning, and in a closet I found a quantity of plate, it was a little closet in the wainscot; the door did not appear to open, there was a little hole, I put in my knife and tried it, and it slid up, and there was a concealed closet with this plate; some leather for breeches, thirty-six skins, and three bundles of linen.

Have you got the plate here? - Yes, after I went to apprehend the prisoner, and in his house was this crow, and two center bits.

Court. Where did you go to apprehend Harding? - At a place called Bowl Yard, St. Giles's, No. 5.

Who did you find in his house? - His wife, maid servant, and William Steward < no role > .

Who did you apprehend? - I apprehended them both, Steward was in bed fast asleep; it was about one when we apprehended him.

Was the prisoner in bed or up? - He was up, sitting by the fire with his wife.

(The tankard and sauce boats deposed to by Waddington.)

Waddington. I am not particular whether there is any coat of arms upon it, I know the tankard by the size, I know the butter boats to be my master's, by continually using them, and cleaning them, I have used them at different times, eleven years; I know the candlestick, and the pan, and this little cup, I remember the mark on this little candlestick, here is the antelope's head.

Is that your master's crest? - Yes.

Court. Is there any one of the pieces that has got a mark that you know? - I have never observed particularly, they were not used constantly, the candlestick and this spoon particularly.

(Mrs. Robinson deposed to a tea spoon by a crush, it had got a squeeze.)

Is there any crest upon them? - Yes.

Court to Prisoner. Now this is the time for you to make your defence, you hear you are charged by the two people from Barrahs, with being one of the persons that brought the plate that morning, in company with Steward, and Steward was afterwards found in your house that same day.

PRISONER's DEFENCE.

I was a victualler, a publican some years, I have let my house lately; this Steward about a week or a fortnight before I was apprehended, lodged at my house; about one o'clock this gentleman came to my house; this Steward was out all the night before, and part of Sunday morning, he came and went up to bed; I know nothing of the affair, nor of the Barrahs, and they cannot say with a safe conscience I am the person, but they do not care what they swear, the Court may plainly see that I never was at Barrah's in my life.

Court to Mr. Garrow. Have you any witnesses for him? - No, my Lord.

Court to Prisoner. Now had you lived as you ought to have done, you must have witnesses to your character.

Prisoner. I did not think about that, I have witnesses plenty, that know I kept a public house some years, they talked of putting it off, on account of this Steward, the Court may see that I know no more of what is charged against me than a child.

Court to Morant. What became of that Steward? - He was sent to Tothill-fields, and by some means or other he was let out, or got out, they say he got over a wall by a rope.

Whereabouts in the house did you find the crow and the other things? - The centre bits were in a closet in the parlour, where I found the prisoner, the crow was in the kitchen in the chimney.

Prisoner. They were not my apartments.

Where did Steward sleep? - In Harding's bed, where Harding's wife slept, the prisoner's clothes were there, and his shoes, and the prisoner's things were there, it was in the back parlour.

Court. Was that room the same parlour where the centre bit was found? - No, in the fore parlour the centre bit was found, where the prisoner and his wife were sitting by the fire.

Mr. Bond Foreman < no role > of the Jury to Morant. Did you ever try any of these crows, because when you wrench a door open, there may be a mark on the side of the crow? - No, I did not try them.

The Jury withdrew a short time, and returned with a verdict.

GUILTY , Death .

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