211. HENRY THOMPSON proceedingsdefend and THOMAS HARRIS proceedingsdefend were indicted for burglariously and feloniously breaking and entering the dwelling house of Isabella Chapman proceedingsvictim , about the hour of three in the night, on the 5th day of February , and burglariously stealing therein, thirteen pewter dishes, value 15 s. twenty-six pewter plates, value 20 s. one fish pewter plate, value 1 s. one pewter cullender, value 1 s. one satin cloak, value 20 s. three silver tea spoons, value 5 s. one table cloth, value 6 d. three aprons, value 1 s. one pair of shoes, value 3 s. two sixpences, value 1 s. forty-six halfpence, value 1 s. 11 d . fourteen China bowls, value 40 s. and a piece of lead, value 1 d. her property .

ISABELLA CHAPMAN sworn.

I live in Union-court, Holborn-hill ; I keep the Angel public house , my house was broke open, on Sunday morning, the 5th of February, I was in bed at one o'clock, and at two I heard the watch-man, my family were all in bed, I go up generally the last, my house was very secure, and the watchman called me when he came at four o'clock, my cellar door was broke open, and my street door was broke open, on the inside, they got into the parlour, and wrenched the lock off the door of the stair-case; I lost the things mentioned in the indictment and the value therein, I left four sixpences in the till for change, with about one and eleven-pence in halfpence, the China bowls were taken down all ready to take away, they were carried from the bar into the kitchen, the pewter was carried away; the pewter was found in a ruination place, in George-court, between Union-court and Field-lane, covered with dirt, between eleven and twelve on the Sunday morning; my cloak was put in a bag, and my aprons and shoes, but they did not take them, because they were disturbed, the prisoners were taken a little after four in the morning, in the next yard.

Did you know any thing of the prisoners before? - Yes, I have seen them several times.

Were they customers to your house? - Casually, they came in now and then.

Mr. Knowles, Counsel for Prisoner Harris, Then in fact nothing was taken out of the house but the pewter? - No.

Where does this court that you live in, lead down to? - It leads into Hatton-garden.

Does not it communicate with Field-lane? - I suppose you know as well as I do.

Does not the court where you live communicate with Field-lane? - I told you it carries you down between Union-court and Field-lane.

Then all the customers of your house are the gentlemen about Field-lane? - No, Sir, I do not know any thing of them.

What do you know of, Mr. Philip Bristow < no role > ? - I know him, his father and mother lived in Union-court.

Has not he been very intimate in your house? - No, he has a house of his own.

Has not he been the most intimate friend you have had these seven years? - No, Sir, he has not, if I had no better friend than him, I should have none.

I have not done with you yet? - But I have done with you then.

Do you know Harris? - Yes.

Did not you once charge him with robbing you? - No, Sir, I did not, I cleared Harris from that when the constable came.

Had he not first of all been committed on your charge? - No, he had not, I gave no charge of him.

Did you never give charge of him to Justice Blackborrow? - I was never before Justice Blackborrow.

Not for a silver tankard? - No, I did not give charge of him.

Prisoner Harris. I can prove it.

Was not he committed on your charge? - No, I did not charge him with a silver tankard, it was one drunken Tom they call him.

Did not you first charge him with it, and afterwards declare that you knew that he did not know of it? - I will not answer you any more.

Court. You must answer him.

Mr. Knowles. Did not you first of all charge this man with the robbery, and afterwards say he knew nothing of it? - Does Bob Pearce < no role > put that in his head.

That matter was agreeably settled, was not it? - Nobody was tried for this robbery, he was in the club room, you may catch me, if you please.

They were taken in the next yard? - They got over the tyles, into the next yard.

Did you see them get over? - No.

Was that place where the prisoners were found in, the way from your house to the ruinous place where the pewter was found in, or was it not? - No, it was not.

JANE HUDSON < no role > sworn.

I live in the prosecutrix's house, I am a servant there.

What time did you go to bed that night? - A little after twelve, I heard the watchman call between three and four, and he alarmed us that the house was broke open, I came down immediately.

What condition did you find the house in? - The bar was stripped of all the bowls, the cellar door was broke open, the lock broke, and the street door was open, not broke that I know of.

What was missing? - All the pewter was gone out of the house, I have lived in this house five years, there were fifteen pewter dishes taken away, and a fish plate, a pewter cullender; I found the cloak, and the bag on the kitchen floor, there were a pair of new shoes, and three coloured aprons, these bowls were in the closet on the over night, and the aprons and shoes in a drawer, the chiset door was locked, and the key was in it; the pewter was found the same day, in some ruins, covered with some line; the prisoners were taken within two minutes after I came down stairs, I stood at the door while the watchman took the first, they were taken the very next yard to us.

Mr. Garrow. How long have you lived in this family? - Five years.

A public house, a pretty notorious one, I believe it is? - No, Sir.

You deny that? - She keeps a very regular house.

Perhaps, regularly irregular? - No, Sir, we shut up the house at eleven.

Your mistress has been a little unlucky, she has been robbed before? - Yes.

She lost a silver tankard? - Yes.

How long ago was that? - The day after Christmas-day.

What was the value of that tankard? - I do not know, it was a full quart tankard.

Your mistress went to the Justice's? - No, Sir, but a person who was in the house at that time took the man.

What man? - Mr. Ramus.

Was it six or seven guineas that Mr. Ramus gave your mistress? - He did not give any thing at all.

Do you mean to swear that? - I did not see him give any thing, I will take my oath, my mistress never told me so.

Upon your oath, do not you know by some means or other, that your mistress received six guineas upon that occasion? - I heard say so, but I did not see it.

Now I ask you again, did not you hear your mistress say it? - Yes, I did.

Court. This moment you said, you did not hear her say so? - Ramus was not taken up for it, it was one Thomas, I cannot recollect the man's name, it was one Thomas Walker < no role > ; Ramus was the man that took him into custody, Ramus was in company.

Court. You admit you did hear your mistress say she had six guineas to make it up? - Yes.

The man was discharged in consequence? - Yes.

Court. That was very bad behaviour in the woman, but the Jury will judge of her credit, it is no reason because she was robbed once, that she should be robbed every day.

EDWARD MASON < no role > sworn.

I am a lodger of Mrs. Chapman's, about four in the morning, on the 5th of this month, I was awaked by the watchman knocking and calling Mrs. Chapman up, I thought something was the matter, and I bid the servant girl get up, she got up, and going by my room door, she desired me to come down, she said she was afraid something was the matter; I got up, and come down with my coat on, and her cry when I was half way down stairs, was that she was robbed; with that I came down, and as soon as I came into the tap-room, I laid hold of the poker, I said, if any body is here, let us see who they are; the watchman was there, and he and me went to the door to go into the next yard, there was another watchman waiting, and they opened a door, and went into the next adjoining yard; while I stood within the passage, with the poker in my hand, I heard one of the watchmen say, here we have got him; they returned with the prisoner Thompson, I knew him directly, and says I, Harry, what in the name of God are you doing here; they brought him into the tap-room, and they left our watchman Ware with him, and me and the other watchman went out again into the same yard, and found the other prisoner Harris in the necessary; the prisoners are the men, Harris was sitting in the necessary pretending to be asleep, we brought him into the tap-room to the other, and with that I left the two watchmen with the two prisoners, and I went up stairs to put on my clothes, and when I returned they were gone with them to the watch-house, and a neighbour came in, and we searched round, and could not find the pewter; I found the cellar door broke open, and the lock wrenched off, it was hanging on one of the nails; as I was going down the steps, I saw the little window out that goes out of the yard, into the cellar, about eight or nine inches wide, that was knocked out; I went into the cellar, and looked round with a candle, I could find no property there, but the lamp was lighted, and was burning on the side of one of the buts, the tyling of the yard was all broke, and some garden pots with a few trees in them were all knocked down, four or five of them, and the sky-light was broke, and I saw the print of the fore part of a man's foot, all mud and dirt just fresh done, as if he had been getting out of one yard into another; and one Basset a constable found the pewter, I saw a cloak, three aprons, and a pair of new shoes in a bag on the kitchen floor, which Mrs. Chapman claimed.

Mr. Garrow. How long have you lodged in this house of Mrs. Chapman? - Four years come April.

You found Harris in the necessary in the next yard? - Yes.

He appeared to be asleep? - He pretended to be asleep.

Did you find any other of the property? - No.

Did you examine that necessary to see if you could find any thing? - No.

Did you find any tools or implements of house breaking? - No.

The property that was found, was found in a different direction, instead of being found on the side of the house where Harris was found, it was on the other side? - Yes.

Court. How far was the place where the pewter was found, from Mrs. Chapman's house? - About sixty, eighty, or a hundred yards, it is but a little way.

Was it as far as to the wall of Newgate? - I cannot tell for certain, it is I suppose above a hundred yards, as high as I can tell, it is a contrary way where they were found, it is going out of the house, and turns up a court to a dunghill, there was nothing found on the prisoner.

RICHARD WARE < no role > sworn.

I am a watchman in Union-court, I called up the prosecutrix at four o'clock, and found the cellar window open, I perceived a light between the shutters, I hit against the street door, and it was open; I took the prisoner Thompson in the next adjoining yard, one M'Leard, a city watchman, was with me, and Mason was standing at the door of the next house: I brought Thompson into the tap-room, and took care of him while the other two went back; they returned in the space of two or three minutes, they brought with them Thomas Harris < no role > , the other prisoner; there are only same deal boards between Chapman's yard and the adjoining yard, where we took them, I did not observe any thing particular about the partition; I observed where they got over, which is a tyling about seven feet high, there are some garden pots and a bit of a sky-light, and when I alarmed the people of the house I heard the pots fall and the sky-light break; we went to the next house, and the door was on the latch; I knew the house, and the woman that keeps the house has lodgers, it is hardly ever fastened, and we listed up the latch and went in, and I went to the yard door, but I am not positive whether it was bolted or not; I found Thompson in that yard, that yard might be two yards wide and three yards long, it is a very small yard; Mr. Beswick found the pewter, I was not present.

THOMAS < no role > M'LEARD sworn.

I am a city watchman, I was present at taking Thompson, the other watchman, Mason, was at the taking the other, with me, he was not with us when we went into that yard first; only the watchman and me; Thompson was standing in the yard when we came in, we saw no other at that time; we took him into the tap-room, and left the other watchman with him; then Mason and me went into the yard again, and looked into the necessary, the door of the necessary was not fast, and there we found the prisoner Harris pretending to be asleep; we took him into the tap-room, and I went into the yard belonging to the prosecutrix, after they were taken to the watch-house, and I saw the garden pots taken down, and the skylight broke.

Where were these garden pots? - They were at the top of the pent-house, between the two yards.

Did you observe any thing else there about this pent-house or sky-light? - No, Sir, we went away to the watch-house with them; I was not present when the pewter was found.

MARY LUDLOW < no role > sworn.

I live a No. 12, in Union-court, next door to the prosecutrix: the 5th day of February, being Sunday morning, about the hour of four, I heard a noise like the falling of tiles; I listened a little, thinking it was a fire; I looked through the glass of the casement, and I saw the pots that were on a ridge between the two sheds, with shrubs and trees in them, were down, and I heard the breaking of glass, and the tiles ratiled about, and I said, for God's sake who are you, or what are you; I saw a man come over the tiles feet foremost, and he came down all of a lump, I saw his legs come over the pent-house sliding, and I said, for God's sake where is the fire; the man did not answer me, and I thought he was killed: I run then to the fore window, and he fell all of a lump into my yard, mine is the next yard that joins to Mrs. Chapman's, and I run to the fore window, and knocked as hard as I could; I heard somebody call watch, watch, and I thought they said Scott, Scott, which is the master of the engine, and two watchmen came, and I said, for God's sake break open my door, for I cannot find the key, (I have been buret out twice before) they opened the door and came in; the watch said, it is not fire, it is thieves; then said I, there is a man come over the tiles into my yard; then says the watchman, we have got him, but I did not see him take the first man; the watchman came in at my fore door.

How did they get into the yard? - One of them unbolted the back door; I took the box iron and opened the casement; says I, pray give me a light, for it appears to me, by the great noise of the garden pots, and the tiles falling, that there must be more than one, and he said there is nobody here, and I slipped on my under petticoat, and went to the door, and said, have you looked on the tiles; no, says he; says I, have you looked in he necessary, and he said no, and he opened the door of the necessary, and there sat that young man, Harris, I saw him there.

Was the necessary house shut when you came down? - I was in the yard some minutes before twelve, and I looked round, and there was neither man nor mortal there; I then went into Mrs. Chapman's house, and said there is another, give the watchman some help, and Mason took the poker, and came in and said, it is Tom Harris < no role > ; by G - d.

Mr. Garrow. What is your name? - Mary Ludlow < no role > .

Is not your name Bristow? - No, Sir.

I thought you was the wife of William Bristow < no role > ? - No, Sir, he was the Earl of Bedford's groom some years since, he was a lodger of mine twenty-three years ago.

How high did you sleep on this night? - I laid on the ground floor, even with the yard.

Have you any window shutters? - No, but I nailed the window up.

Have you any lamp in that yard? - No.

What time in the morning? - About four.

A moon-light night? - Star-light.

What may be the size of this yard of your's? - From the pales I think it is not above a yard from the window.

How far is it from George-alley? - One window out of George-alley comes into my yard; I have seen the dunghill.

How far is it from your house? - I think it is not so far as the length of this Court to Newgate; George-alley communicates with Field-lane, it is a neighbourhood for poor families to live in, there are but three families in our house, very regular and decent people.

ALEXANDER SCOTT < no role > This name instance is in set 1530. sworn.

About four in the morning of this month I heard a cry, and I thought they said Scott, but they said watch; I live about five doors from Mrs. Chapman's, I looked out of my window, and I heard the rattling of tiles, and I thought it was fire; I ran down with my pole-axe in my hand, and just as I shut my door, says they, here is the other; I ran directly to Mrs. Chapman's, and both the prisoners were in the box in the tap-room, close to the bar; I saw a case knife on the top of the table, and I thought it prudent to remove it to another box, and I stood over them with my pole-axe; then more assistance came; I went into the kitchen, and upon the floor I saw the bag, with something in it; I opened it, and put all the things in it out upon the floor in the kitchen, there was a black satin cloak, a new pair of leather shoes, a table cloth, three linen aprons, two of them new, one of them worn, and I put them into the bag again, and tied them up, and then looked into the kitchen, and there was the china bowls, the pewter was all gone off the shelf in the kitchen; Jane Hudson < no role > goes into the bar, and says, before God here is Harris's stick; this is the stick, I marked it, Mason can prove it is his stick, Mason has kept the stick ever since.

Mason. I was going to mention it, but was ordered down, I had been to the watch-house, and when I came back this stick was found.

Do you know whose stick that is? - It is the prisoner Harris's, I know it, for a few nights before this affair happened, I had this stick in my hands for high half an hour from the prisoner Harris; a person came to speak to him, and I was in the same box sitting where he was, and the stick fell, and I took it up, and went and examined it very much, and another man that was in company with me asked me what wood it was, and we agreed it was ash; and if this stick was amongst a thousand, I could swear to this stick, that was at the same house the robbery was committed.

Was you present when Harris was taken out of the necessary house? - Yes.

Had he any stick in his possession then? - He had none when he was taken, nor when he was brought to the tap-room.

Scott. The maid brought it out of the bar.

To Mason. What did you do with the stick when you had it half an hour? - Harris asked me for it, and I returned it to him.

Did he leave it in the tap-room that night? - He went away soon afterwards.

And did he carry the stick with him? - To the best of my knowledge he did; I examined it very particularly, not thinking any thing of the kind would happen.

Have you any imagination that he left the stick behind him that night? - No.

Prosecutrix. This stick was found behind the street door; I fastened the street door over night, and there was neither stick, nor any thing else, behind the door at that time.

Jane Hudson < no role > . I found the stick behind the street door, and I gave it to my mistress in the bar, it was just after they went out to the watch-house; I went to shut the street door, and I hit it with my foot; my mistress said, this is Harris's stick, the maid has found it behind the door; my mistress said, I saw it in Harris's hand.

Had you had occasion to go out at that street door? - No, Sir, we went up stairs to bed immediately, and Mr. Mason.

Had you seen that stick behind the door that day? - No, Sir, I had not, it was not there when I went to bed; I looked to see if Mr. Mason had fastened the door, and there was nothing behind the door at all; I have seen him have a stick in his hand before, but I did not take any notice of it.

Mr. Garrow. Are you sure you did not say to Scott, before God, here is Harris's stick? - I might say so; I said to Mr. Scott, I have found a stick, and it is Harris's, I believe; when he came back from the watch-house I said so, I did not say so when I first found it.

Upon your oath, did you say any thing to Scott about it, or did your mistress say so? - My mistress spoke first, and I spoke afterwards.

Court to Prosecutrix. Look at that stick; did you ever take notice of the stick? - It is Thomas Harris < no role > 's stick.

One stick is exceeding like another; what induces you to say that is Thomas Harris < no role > 's stick? - The girl went to shut the door, says she, Madam, here is a stick, she brought it in, says I, this is Tom Harris < no role > 's stick.

Why did you say so? - Because I saw it so often in his hand, I have had it in my hand when I have dressed him a bit of stake.

Did you ever take any particular notice of that stick, to be able to swear to it again? - Yes, that is the stick.

Mr. Garrow. You stick to that, that it is the stick? - Yes, Sir.

Yours is a very well accustomed house? - It is.

You have a good many customers? - No, I have neighbours share, I do not serve any body in Field-lane.

How many persons might come into your house with sticks? - I do not know, I never minded any.

Now give us some reason why you minded Mr. Harris's in particular? - Mr. Harris brought a piece of beef on Wednesday night, and desired I would dress it for him, he came the next morning, it was a bit of brisket beef; I said, what are you going to do with that, it is not fit to broil, and I proposed to make some soup of it.

But how come you to take notice of that common ash stick? - Because I have had it in my hand, and I moved it when I went to lay the cloth for him.

Are there not a hundred such? - Yes, thousands.

Did you cut your name in it? - What should I for.

What do you say about the tankard, did you hear what she said about the six guineas? - Yes.

Is that false or true? - It is not false.

Court. You have no right to make her accuse herself.

THOMAS BESSETT < no role > sworn.

I have found this pewter in a ruinous place, the 5th of this month, which was Sunday, between twelve and one, as near as I can recollect; I imagine it may be forty yards, as near as I can guess, from Mrs. Chapman's house, there was some rubbish lately thrown over it.

(The pewter produced and deposed to.)

PRISONER THOMPSON'S DEFENCE.

As I was coming along, I heard the watchman call out watch! and then afterwards thieves! I run into this passage with the watchman, I got ahead first, and the watchman laid hold of me, and he took me into the prosecutrix's house.

PRISONER HARRIS'S DEFENCE.

As I was coming to Mrs. Chapman's, I believe it was about one, I cannot particularly tell; I was rather disguised in liquor, I wanted to go into the yard, I lifted up the latch, I knew this house, I went to the necessary, and there I fell asleep.

The prisoner Thompson called two witnesses to his character.

BOTH GUILTY , Death .

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