461. JOHN WILKINSON proceedingsdefend was indicted for feloniously stealing, on the 15th day of May, one silver watch, value 40 s. one steel watch-chain, value 6 d. one seal, set in base metal, value 1 d. one gold mourning ring, value 20 s. one other gold ring, with two diamonds set therein, value 40 s. twenty-two guineas, value 23 l. 2 s. seventeen half-guineas, value 8 l. 18 s. 6 d. and 2400 halfpence, value 5 l. 6720 farthings, value 7 l. and 2 l. 12 s. 6 d. in monies numbered, the property of Owen Connelly proceedingsvictim , in his dwelling-house .

OWEN CONNELLY < no role > sworn.

I keep the Greyhound in New Compton-street . On the 15th of May, I lost the things mentioned in the indictment; the prisoner was my servant ; the watch I lost has two letters on the back, W. K. it was a silver watch; I lost a mourning ring, the fellow of this, with the name William Falkner < no role > , who is dead, and was my wife's brother; I lost a gold ring with two diamonds, with a purple stone in the middle; they were all with the money in the drawer. At about half past two that morning that we were robbed, my wife and I went to our drawer to reckon this money; there were twenty-two guineas, seventeen half-guineas, and two guineas and a half I reckoned in silver; there were five pounds worth of halfpence in two China basons, and about seven pounds in farthings; we put by the farthings, we had not vent for them, so we put them by for some time; these things were lost at the same time, on the Sunday morning.

Do you know any thing, of your own knowledge, to affect the prisoner at the bar? - Yes; in the morning, a quarter before five, I awaked; the prisoner was my servant five days; I had a character from an acquaintance of his, that he was a very honest man; and when I awaked, I saw the window open of our room where the money was; I called my wife; this money was in a chest of drawers; my wife and me reckoned the money, and she locked the drawer, and put the key under her head in her pocket, and in the morning the key was taken from under her head, and the drawer unlocked, and the money gone; I got up, and went to the man that gave him a character; his name was Pritchard he appeared to be a gentleman; I told him he had robbed me of all the money I had to pay the brewer; well, says he, go along with me, I will find him for you; he went to get himself shaved, and we went to Charing Cross, to the gentleman where his mother lived at Blackheath; we did not find him; we returned home, and searched every public house in all the neighbourhood, but could not find him; on Monday, there was a man that gave information, and he was taken at Lewisham, and he was brought before Sir Sampson Wright < no role > ; he owned to the things that were found upon him; they are in the hands of the constable, named Beyer; the prisoner has sent me several letters, begging for mercy; but I told him I would make no promises, after being robbed by my own servant.

Prisoner. I came out of the house, and went into the country, and my master sent word by two or three people, that if he had his property, he would not hurt me; did not you send me a new shilling, Sir, the other day? - No; I would not send you a shilling, if you never had one; my wife's sister sent it.

Prisoner. Did not you say you would forgive me, if you got the property again; but the traps had it.

Prosecutor. No. The prisoner charged another man as an accomplice, and that he hid him under the bed for some time, from twelve till we got to sleep, and that he handed this property out of the window to him; but that man was discharged; we both went to bed at half after two, after we reckoned our money, we were tired, we fell asleep directly.

JOHN TAINTON < no role > sworn.

I keep the Golden Lion, Sydenham; I know the prisoner; on Sunday morning, the 14th, the prisoner came into my house about nine in the morning; he called for a pint of beer, and sat down in the tap-room, and leaned his head on the tap-room table; then he got up, and had another pint of beer, and went towards the fire; he had a paper of tobacco; he sat down, and dozed in the corner; he asked the way to Dulwich; he said he had business there; then he asked me, if he could sleep in my house that night; I said he might; then he went out, and joined company with two labouring men, and they had sixpennyworth of gin and water; then he ordered tea and coffee for them three; he said, do not be in a hurry, I am a publican myself; then they sat talking together; this was about one in the day; they seemed to have some words together, and the prisoner put his hand in his pocket, and pulled out a handful of gold; the prisoner seemed to be a little intoxicated; then, after sitting a little while, he put his hand into his white waistcoat-pocket and pulled out a handful of silver, half crowns and shillings; he had paid Brooks, the stage-coachman, two shillings for the passage back to London, and just as the stage was coming, he took his bundle, and going out, he dropped it; I perceived there was money in it; I did not know how to act; the constable lived three miles off; I had one serjeant Biggins quartered upon me; I said to him, that he ought to be stopped, and we persuaded him to return, and lay down till he was fresh; then we felt his bundle, and found it was halfpence; then he ran away, and we brought him back to my house, and searched him; the first time, there were seventeen guineas, and two gold rings, and two pounds twelve shillings and sixpence in silver; there were found upon his person, a silver watch, two tea-spoons, and a piece of a spoon; he then cried very much, and begged of the serjeant and me not to hurt him; I said I did not want to hurt him, let the law hurt him; and going down the street, he abused his companions very much, and we searched him again, and there was found ten guineas and a half in the pocket of the prisoner; in the bundle was found a quantity of halfpence and farthings, and a pair of garters and a waistcoat; the prisoner mentioned two or three people that never saw him before; he said they met him at Lewisham, and gave him the money; the things that were found upon him were delivered into the hands of Jonathan Beyer < no role > .

JONATHAN BEYER < no role > sworn.

I am the constable; I have here twenty-two guineas in gold, eleven half guineas, and a silver watch; the money I received from a butcher at Sydenham, belonging to our parish, which they had put into his cart; the butcher is not here; the serjeant was present at the time; here are two rings.

(The watch deposed to by the prosecutor.)

Prosecutor. My wife says, she knows some of the money; she is very curious in money; there is an halfpenny we all know.

(The rings deposed to.)

Prosecutor. Before the Justice, the prisoner owned this was my money; there was not the least promise made him; I hardly spoke to him.

Beyer. I produce the halfpence and farthings which were delivered to me in the presence of the prisoner, and taken from him.

Prosecutor. This is a remarkable halfpenny; we have had it a great while; and this cloth was laid under the farthings; this is my cloth; it was in the chest of drawers where he took the money from.

PRISONER's DEFENCE.

I found the property; the prosecutor said, he would shew mercy upon me, if I would tell him where the property was; and he sent me a shilling down.

THOMAS BIGGINS < no role > sworn.

I am quartered at Tainton's house; on Sunday evening about five, I went to my quarters, and asked for a penny-worth of beer, which my landlord drew me, and called me to his bar, and said, that man has got more about him than his own; I brought him back to the stable; he threw down the money; says I, is this money your property? he said, no; I took it to the landlord; the landlord said, I might stop him on suspicion; I went into the stable to the prisoner, and said, this money you have been robbing somebody of; he made no answer, but ran out of the stable immediately; I followed him, and brought him back, but as soon as ever I laid hold of him, he said, do not hurt me, I have robbed nobody, and fell a crying; I brought him into the parlour; he put his hand into his left hand pocket, and was crying all the time; I said, what have you there, he said, nothing at all, I said, pull it out, do not be afraid, he pulled out seventeen guineas in gold, and the two gold rings; he made a snatch at the two rings, one is a large ring, but you cannot discern the mark, the other has Falkner upon it; then he began to fumble about; I said, come get up; I put my hand into his right hand pocket, and pulled out two pounds, twelve shillings and sixpence; I then felt in his waistband pocket and pulled out the watch; I sent one of my own men for a constable; I got one of my own men to go to the Justice, and getting him down the street, he said, where are you going to take me, I am a better man than you; I have more money about me than you have; says I, I have but very little; says he, I have two pistols about me; have you, says I, then you shall not go an inch further, till I have searched you; I searched him, and found ten guineas more in his pocket; I was three hours taking him three miles, and at last, I delivered him up to Mr. Beyer the constable.

Court. You behaved with great propriety on this occasion.

JANE CONNELLY < no role > sworn.

I am the prosecutor's wife; I live in New Compton-street; on Saturday morning, about eight o'clock, my husband asked me for the key of the desk; I gave it to him; the prisoner stood in the passage leaning over; I was very busy; about twelve I went into my own room, and turned down my bed; I sat on the side of the bed, and leaned my hand on my head; and saw the key in the desk; I went out and called my husband, and he, and my sister and me, went back; I said, I am affraid we are robbed; no, says he, I hope not; count your money, you can easily tell; I kept the money in the drawer, where the watches and the rings were; my husband stood by me, and counted the money in rucks, ten guineas at a time; there were thirty guineas in gold, in guineas and half guineas, and two guineas and an half in silver; I did not count my farthings; we take all halfpence that come, and pay them away likewise; I put the farthings in a great towel, which was in a chest; I went to try to lift up the towel, to get some sheets out, but I could not; I called the maid to help me, we moved them between us, and put them on the floor in the room; says Peggy, is this money, Madam? no; says I, it is copper; on Saturday evening, I said to my husband, bring out the bowls of bad halfpence, as it is pay-table night; when we had done, it was between two and three; my husband took the bowls, and put them by; says I, go outside the bar, he gave me the key, and I put it into my right hand pocket; we both went to bed; in a short time something disturbed us; in the morning when we waked, my husband said, Jane, did you leave the window open; and I saw the desk open, and the key in the drawer, and the drawer wide open, and the money and watch and rings all gone, we went into the yard, and there was the drawer, and a bit of chalk in it; every thing was gone but a bit of chalk; I cannot say that I can speak to money, there is one half guinea has a small head; I sent it to the cheap baker's, and he sent it back.

Could you swear to that half guinea as seeing it in your possession that night? - I swear to this halfpenny remarkably, I had it in my hand an hour one night, and it was put into the bason among the half-pence; the bedchamber was on the ground floor, it was a large sash, I found it wide open in the morning, the prisoner had left my house then, the last word I spoke to him was on the Saturday night, I said, John, go to bed, because somebody must be up in the morning; he must get in at the window, otherwise he must be concealed under the bed, one way or the other; there were the marks of feet in the yard, and the mark of a foot on the chair.

(Looks for the half guinea, but it was not there.)

Prisoner. My mistress sent me a shilling? - I did not, my sister sent him a shilling for charity, I have a letter of his that he sent to us, that he was starving for bread.

Prisoner. When I came down stairs in the morning the property was taken out of the room, it was in the yard.

Court. Then I suppose you took it up and brought it back to your master? - No, Sir, I did not, the man that proposed to rob my master's house went off and left the bundle, and I took it up and carried it to Sydenham.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron PERRYN.