193. THOMAS TATHAM proceedingsdefend , SAMUEL FRANCIS proceedingsdefend , HUGH M'DONALD proceedingsdefend and LEONARD SULLIVAN proceedingsdefend were indicted for burglariously breaking and entering the dwelling house of John White proceedingsvictim , about the hour of one in the night on the 31st day of January last, and burglariously stealing therein two hundred and forty yards of silk serge, value 60 l. forty yards of other silk, value 12 l. 6 s. fourteen yards of other silk, called sattin, value 4 l. 12 s. six yards of other silk, value 35 s. four yards of buff figured silk, value 32 s. three yards of other silk, value 18 s. two yards of other silk, value 12 s. two hundred seventy-eight yards of other silk called lute-string, value 62 l. fifty-two yards of armozeen, value 17 l. and fifty-two yards of remnants of silk and worsted, value 12 l. his property .

The case opened by Mr. Garrow, previous to which the witnesses were ordered out of Court by the desire of Mr. Morgan, Counsel for two of the prisoners.

JOHN WHITE < no role > sworn.

On Tuesday the 31st of January, I went to bed after twelve, I was reading in the parlour, I was not alarmed in the night, and my house was all fast in the morning, I found a wall broke down which came by a staircase of the cellar, from a house that was empty in Wytch-street , that was opposite to my house; and adjacent to it, there was a breach made in the wall, the size of a good pane of glass, on the right there was a party wall of my neighbour's, and on the left they would have got into a cesspool; I missed the following articles which I took down from our number book, which we have regularly, and mark off every day.

Court. To what value was the whole? - The whole amount is two hundred pounds, the whole amount of those I have found again, are nearly upon a third.

What time did you get up in the morning? - I believe it was a little after seven.

Mr. Morgan, Counsel for M'Donald and Francis. Was you up the first in the family? - I was not.

Who was? - I believe one James Haydon < no role > which is my servant.

What time was he up? - I look upon it to be nearly seven.

Before or after? - I cannot say.

JOHN CLARKE < no role > sworn.

I think it was on Thursday the 5th, I received information that there were some people at the prisoner Tatham's, with a quantity of silk; Mr. White happened to be at the office, I took him with me to Mr. Tatham's house, in Drury-lane; I think it was No. 65, if I mistake not; Tatham and the other two were in the parlour, there were Tatham, Francis, and M'Donald, I know nothing at all of Sullivan; we searched the house, and in the shop under the counter, in the front room, we found several things; it is a shop where they sell ribbons and handkerchiefs, and things of that sort, Tatham keeps the shop.

What did you find in the back room? - After searching that, I asked what rooms they had, and he told me there was a back kitchen, and I think a one pair of stairs; I sent Macmanus up for the key of the kitchen, and I stood by while he took this and a dark lanthorn out of the back kitchen; these three men were in the back parlour, there was no property there.

What were these three men about? - They were standing upright round the table, I made no other observation, there was a paper laying before them, which contained some account, that paper, I believe, is in the hands of Mr. Jealous, this was on the Thursday.

Court to Mr. White. Look at the several articles that are produced? - I do, I have measured them since the robbery; and they all agree with the number book, and as for the waistcoat piece, some of the pieces were cut off for my children, and I have them also, and they all correspond.

This piece corresponded with the number opposite to this in your number book? - Yes.

Court. Can you swear that you had such things in your house on the 31st of October? - I can.

Mr. Garrow. Have you any doubt that they are yours? - None in the world.

CHARLES JEALOUS < no role > sworn.

I went into the back parlour, I saw Tatham sitting by the fire, and M'Donald and Francis sitting round a little mahogany table, then Macmanus secured Francis and M'Donald, and I searched Tatham; on Tatham I found twenty guineas, and upon the table lay a piece of paper with some writing upon it; I then left Macmanus in the parlour, and came into the shop where I was present when the silks were found, but not when the silk damask was found; this is the paper that was on the table.

Did you find anything else there? - I found a glove there.

Can you explain what it means? - No, I cannot.

Prosecutor. According to the position of the prisoners sitting round the table, there appeared to be a kind of settlement of money, here is 514 which comes near the sum of the goods which were missing (The paper contained two articles 310 and 204 and another class of figures of pounds and shillings, 19 l. 14 s.) the 514 yards comes near the goods that are now missing, there was a yard that seemed not to have been long made use off, lay by the place where they were; Mr. Clarke said to the people, what I see you have been measuring, there lay the yards, and we absolutely thought this was the money that was found on Tatham, and that the other was the goods which they had sold which was deficient; there are seven hundred and nine yards missing, and there are two hundred recovered, now here is five hundred and fourteen.

Court. Was any answer given by either of the prisoners when Clark said, I see you have been measuring? - No, I did not take any notice, but they all denied knowing any thing of the paper, though it lay before them on the table, nobody knew any thing of the hand writing or any thing.

That was all the observation you made on the paper? - It was.

(The paper handed to the Court and Jury.)

Mr. Morgan to Mr. White. M'Donald and Francis were searched, I believe, before you, were they not? - They were searched, and there was some money.

Who took the money? - One of the officers.

Which of them? - I cannot say.

Court to Clarke. Do either of you know whether any money was found on either of the prisoners besides Tatham? - Yes, Macmanus has it.

Court to Clarke. In what condition were these goods? - They were rather in a rough state, they lay simply just as they do now, any body that is used to silk would not let them lay so.

PATRICK MACMANUS < no role > sworn.

I went to Francis's lodging, on the same day that Mr. Clarke went to Tatham's, I was at Tatham's also; at Francis's I found this in a drawer in his lodgings, which was in Newtoner's-street, this is a piece of crimson damask silk which Mr. White owns; the other which Mr. White says is the same, was found in the back kitchen at Tatham's.

Mr. White. This is part of the same damask, and corresponds with what we have at home, what we found in Tatham's back kitchen, and this corresponds with the admeasurement, when we took stock in October last, with the addition of this that was found at Francis's, it makes up the quantity exactly, and it is the same pattern.

Macmanus. In Tatham's back kitchen, where this silk and damask was in a trunk, there was a board looked like an ironing-board stood out, and there was a piece of brown paper, and under the piece of brown paper, this dark lanthorn lay concealed; this damask was not with the rest of the silks, it was in a trunk that was locked, we had the key from Tatham; I went to Francis's afterwards, and found this striped piece in the corner upon a little shelf.

Mr. White. I called directly to Clarke, and said, here is some of my property, I can swear to it.

Mr. Morgan to Macmanus. You searched the two prisoners, M'Donald and Francis? - Yes.

You found some money upon them? - Yes, I found two guineas and a half on Francis and on the other, there might be a guinea difference, I returned the money again.

You found this piece of silk at Francis's lodgings? - Yes.

There are several lodgers in the house, I suppose? - I do not know, it is a neighbourhood I seldom go to.

You do not know what parties reside in that house? - I do not.

Mr. Fielding, Prisoner Tatham's Counsel. I want to know whether the goods were not found in different places, they were not all in one spot jumbled together? - No, Sir.

Mr. Morgan to White. This is not an uncommon pattern, I suppose? - No, it is not.

You was not the only person that bought all that was made of this silk? - No, Sir.

Then, Sir, is this not a common pattern for a chair cover? - We look upon it as such.

There or thereabouts? - Yes, I bought them at a sale, a number of them, some I have made use of myself, and some I have sold.

Court. Was the kitchen up stairs or down stairs? - Down stairs, a back kitchen.

Clarke. The damasks were in a back kitchen, in a trunk.

JAMES HAYDON < no role > sworn.

I am servant to Mr. White; on the morning after this robbery, I got up about seven, and when I came to open the door as usual, I found a wooden bar that we put by way of jamb to the shop door was removed, and I saw two of the shutters taken down and the goods gone; I ran round to every door, we have four doors, I passed by the hole which was on the cellar stairs, it appeared to me, that the persons came in at that hole; I have examined the pieces that were found by our book, and they correspond with the length and colours, in the numbering book; I have not the least doubt of their being my master's property, and of their being in his house the night of the robbery; I can particularly speak to the damask, these two pieces make up the amount of that pattern of the damask, which appears to have been lost.

PRISONER TATHAM's DEFENCE.

I keep open shop in Drury-lane, I frequently purchase and sell things in the shop, I attend sales, and buy wholesale; finding business not turn out to my advantage, I frequently bought of hawkers different things at different times, and these I purchased in the same manner in my shop.

Prisoner Francis. I leave my defence to my counsel.

Prisoner M'Donald. I leave it to my counsel.

The prisoner Tatham's witnesses called, but none answered.

THOMAS WRIGHT < no role > sworn.

Examined by Mr. Morgan.

I am a publican, I keep the White-horse, Fan's-alley, Aldergate-street; I know the prisoner M'Donald.

Did he lodge at your house in January last? - He has lodged at my house these three months back.

Have you a club at your house? - I have.

Had you any club on Thursday night, the 31st of January? - I had.

Is M' Donald < no role > a member of that club? - No member in particular, only going backwards and forwards, he was there that night, he was there about nine that night, and staid till about nine in the morning; I am sure of that, I believe there are some others of the members of the club here, I have known him these two years, he had always had a very good character, I never saw any thing amiss.

What business is he? - He used to follow rabbiting when I first knew him, and dealt in fowls.

Mr. Garrow. How long may you have kept this reputable house in Fan's-alley? - About six months.

You keep it still? - Yes.

In whose ward is it?

Mr. Alderman Plomer. It is in my ward.

What may be the sign of your house? - The White-horse.

Did my friend understand you right, that this man was in your house from nine in the morning till nine at night? - I spoke it.

And you mean to swear it? - I did swear it, I swore to the truth; I was at the club all the time, the chairman is at my house to get what friends he can.

So your house continues open from nine at night till nine in the morning, for all sorts of persons to come in and out as they please? - No, Sir, they had a bit of supper, those that staid behind remained, from eleven any body might go out, but not come in; I know nothing of what is done before eleven, the chairman does that, I have this club once a week, on a Tuesday evening.

Has this man frequented it every Tuesday evening, since he has lodged at your house? - I cannot remember.

What makes you sure this was the 31st of January? - It was the 31st by the day of the month, I am sure, by remarking the bills are always on that day of the month; I have a bill for the chair.

How many persons might be present at the club that night? - I cannot say.

What were the expences? - I cannot say.

What had they for supper? - A piece of boiled beef, I think they had some punch, I do not sell wine, I am sure they had no wine; I cannot justly say how many persons were present.

Ten? - I cannot say.

A dozen? - I cannot say.

Twenty? - I cannot say.

Thirty? - I cannot say what number.

Were there forty? - I cannot say.

Do you believe there were so few as forty? - I cannot say what number.

Do not you know whether there were ten persons, or twenty, or thirty, or forty, or fifty? - I cannot say to the number, there were about ten, to be sure about twenty.

Might there be above thirty? - Above forty.

Above fifty? - There might.

How many more people were there besides Mr. M'Donald? - I cannot say.

Who was there besides him? - I cannot say to any other of the gentlemen.

Were any of the other prisoners there? - I cannot swear they were or were not.

Do you believe they were not there? - I did not take particular notice of no person, they might be there, and they might not, I cannot say.

Are the other prisoners members of that club? - That night do you mean?

Any night, Sir? - I cannot say, I do not know that they were.

Have you ever seen them there? - I cannot say, I do not know that I have seen them.

What made you say that night just now, then? - Why to be sure, I cannot say that I have ever seen the other men there, in the whole course of my life.

Do you believe that you never saw the other before? - I have spoke what I have to say.

Answer my question, Sir? - I do not know that I have.

Do you believe that you never did? - I believe I never did.

M'Donald that lodges in the one pair of stairs, is a single man? - I do not know that he is married.

Was he never out? - He might be out, but I did not miss him; I swear to M'Donald being there as my lodger, I know him personally to be at the club from nine at night till nine in the morning, he departed from my house about nine in the morning.

Are you sure he was not out before? - I do not know that he was, he might be, I do not know that I missed him at all; this was the 31st of last month.

Mr. Morgan. Was he taken up soon after? - Yes; on the Wednesday or Thursday.

Court. What sort of room was this where the club met? - A long room, with two fire places.

What size? - It has four windows in front, I do not know the length of it.

JOHN EGAN < no role > sworn.

I am a member of the club at the house of Wright, I was there the 31st of last month.

Do you admit visitors? - Yes, friends and acquaintance, I know the prisoner M'Donald, he was at the club that night, and took the chair at seven in the afternoon, he came in about a quarter of an hour.

How long did he stay? - I kept the chair till two o'clock in the morning, then I had a piece of cold beef for a few of my acquaintance, I could not have supper for all that were there, a hundred and odd members, then some of us came down into the parlour, and I remained there till after six, I never missed this man the whole time, I have known the prisoner since the year 1783, he was first a porter, I never heard any thing bad of him.

Mr. Garrow. What may be your way of life? - I am employed mostly in the navy.

What is your employment? - Any body that chuses to employ me, that is my employment.

Are you a navy agent? - No, Sir, any body that chuses to employ me, I have a right to be employed.

I ask you in point of fact, what your occupation is? - Several people employ me to recover their wages and prize money.

Possibly you are an attorney then? - No, Sir.

How long have you been the chairman of this respectable society? - Never before that night.

It changes its officer at certain stated periods, I take it for granted? - I suppose so.

How long have you been a member of it? - About a dozen clubs, once a week, on a Tuesday evening.

What time did Francis go away that evening? - I never saw him to my knowledge till that night, he was there till I left the chair up stairs, that was about two, I did not see him after supper.

As to Tatham, did he go away with Francis or before? - I do not know that I saw him at all there, I am not sure of that, there were above twenty people that I knew.

Did not Sullivan fetch Francis away? - I do not know him.

Was not you at Bow-street, my honest friend? - Yes, I was.

So there were a hundred of you? - Yes, there were a hundred and thirty odd.

All in one room? - Yes.

You, as chairman, I suppose sat with a bill and paid? - I paid as the liquor came in.

What might be the expences of the evening? - Only sixpence apiece, the supper I paid for myself.

Were there any ladies? - Yes, there were.

And a dance probably? - Yes.

What time did the landlord go to bed? - Mr. Wright's wife went to bed about eleven I believe, and Mr. Wright sat up till four or five in the morning.

Then he went to bed and she got up? - Yes, he did not get up again after that, I left the house at seven in the morning, at that time she was there minding the business, and he was gone to bed.

He was mellow enough, I suppose? - He was sober enough.

Will you give me your direction? - You will find me in Blue Anchor-alley, Bunhill-row, at No. 12, next to the Coach and Horses; I was at the club last night, we had not above nineteen.

Court. Do you know whether M'Donald could write? - I cannot say.

Court to Wright. Do you know? - I cannot say.

Court to Egan. I think you said you never saw Francis after the time you went to supper? - No, I did not; M'Donald was at supper, I saw him there, I believe it was after five in the morning that M'Donald was with me, and six or seven more, there were only about ten that supped, we came down stairs about two, and supped about three; then we had some punch after supper, I did not leave the house till after six, and he was there the whole time, I am sure.

DAVID COLEMAN < no role > sworn.

I am a member of this club at Wright's, I was there the 31st of January, between seven and eight, and M'Donald was there then, I staid there till between one and two.

Did he continue there as long as you? - He did.

Have you known him any length of time? - I have known him thirteen or fourteen weeks, I never knew him to be charged with a halfpenny worth of any thing.

Mr. Garrow. How long did you stay? - Till about one or two, M'Donald wanted me to stay there all night, one Egan was the chairman.

Egan was an acquaintance of yours? - No acquaintance.

What is he? - I believe he is something in the Navy-office.

What, a clerk in the Navy-office? - I do not know, I am not an intimate acquaintance of his; I have known Wright < no role > the landlord about two years, I have been a member of the club about two years.

What is the name of the club? - It is a beer club.

Perhaps it is the laudable society? - It is what you may call a beer club.

How much wine was drank? - I did not drink any, I drank nothing but porter.

There were a good many members present, thirty or forty as we have heard? - I dare say there were pretty near a hundred, I knew a good many.

Did Francis go away before M'Donald, or after him? - I cannot say, I left Tatham and M'Donald and Francis, all three at the time, I am sure of that.

Can you swear as to Sullivan? - I cannot, I went to Bow-street after they were taken up, but I could not get admitted.

Then Sullivan is the only one that you cannot swear positively to, when you went away? - Yes.

Did you play at cards? - No, I never do.

How then, shuffle-board, perhaps? - No, Sir, only just drank a draught of porter, and smoked our pipes.

You had a little singing? - Generally merry.

And that was all? - Yes.

Had you any ladies among you? - There were several women.

Any dancing? - Yes, and music.

What music? - A piper.

Mr. Fielding. Did you mean to say that Tatham was at the club that night? - No, Sir.

Did you know Tatham? - No, Sir, never in my life.

Court. How came you to answer the question so then, for you was asked expressly for Tatham and Francis, and you said so? - I knew nothing at all of Tatham.

Mr. Fielding. You do not mean to say that Tatham was there? - No, Sir, but Francis and M'Donald were both there that night.

Mr. Garrow. Who are you? - I am clerk and warehouse keeper to Mr. Filder, a china-man, No. 4, Red-lion-court, Watling-street.

Court. Can M'Donald write? - Yes.

Does he write well? - Not at all well, I do not know his hand to be positive, I have seen him just writing.

Look at that, and tell me whether you believe it to be his hand or not (shews him the paper.)? - No, Sir, he never wrote so good a hand.

CHARLES MURRAY < no role > sworn.

I am a sworn broker, in Leadenhall-street; I have known the prisoner Hugh < no role > M'Donald about three years, he bore a very good character when he lived at Mr. Taylor's; I do not know what he is now, I have not not known any thing of him, for the last two years; if I wanted a servant, I would have him at this time, I believe him to be a very honest man.

The prisoner M'Donald called two more witnesses to his character.

The prisoner Francis called two witnesses to his character.

The prisoner Tatham called five witnesses to his character.

THO. TATHAM, SAM. FRANCIS,

GUILTY Death .

HUGH M'DONALD < no role > , LEONARD SULLIVAN < no role > .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice BULLER.