439. THOMAS HOPKINS proceedingsdefend was indicted for feloniously stealing, on the 21st of May , one brilliant diamond hoop ring, set in silver, value 8 l. a fancy ring with rubies and brilliant diamonds, set in gold, value 3 l. another fancy ring with emeralds, value 20 s. another fancy ring, value 20 s. a stone set in gold, value 20 s. the property of Constantine Tewlings proceedingsvictim , privily in his shop .

CONSTANTINE TEWLINGS < no role > sworn.

I live at Charing-cross : I am a goldsmith . I know the prisoner; I saw him in my shop; he came first to look at some gold blank seals, which was the 18th of May; he said he would either have his arms, or a crest engraved on one, he did not know which; I pulled out the drawer, and he looked some of the seals over, and one thing or another; he came three or four times, till Friday, the 21st, at four o'clock; then he looked at one thing or another; and he agreed for a gold blank seal, and a pair of gold sleeve buttons, and a shirt pin; and he put them together, and said he had forgot to bring his money out with him; and he would go and fetch the money; and leave a shilling earnest, and be back in a few minutes: I went to put my drawer up again; and looking it over, I missed a diamond hoop ring, a fancy ring, rubies and diamonds, a paste ring, with a single stone in it, a fancy ring, with emeralds and diamonds, and a gold seal.

Court. What was the worth of these things all together? - About fourteen pounds. One of my servants knew the young man; and he lodged at her father's house; I sent the girl to see if he was there, or to let me know when he came in; she brought me word he had not been at home for two nights; I went myself to her father's, and desired to know immediately when he came home; on Saturday last, I heard he was come home; and I went immediately to the house, and found the prisoner in the back parlour; I seized him immediately by his collar, and dragged him out at the door; nobody else had been in the shop, or handled the things, but him; I intended to carry him to Bow-street; but at the end of King-street, by Covent-garden, he stopt and said, if I give you your rings back, will you make it up? I do not know, said I; but says I, have you got the rings about you? he said, yes; if you will step over the way, I will shew them you; so we stopped at the orange shop against Lowe's hotel; and he pulled a piece of paper out of his pocket; says he, there is your ring; (produced; a common ring); that was my property; says I, you scoundrel, that will not do; you have three rings more; then he ran away, and I after him; and overtook him by the church; well, says he, if you will stop, I will tell you where I sold your hoop diamond ring? says I, is it far? he said, no; and he brought me to Butcher-row; we stopped there; and he said to the man, I sold you a ring yesterday; I must have it back: the man, Mr. Lake, very readily delivered up the ring, which is this, a diamond hoop ring, cost me eight guineas at first hand; he had sold it for a guinea and an half; says I, where are my other two rings, and the gold seal? he told me, if I would go with him into Fleet-street, to a pawnbroker's, where he had pawned them, or sold them; I do not know which: the pawnbroker informed me he had sold them and the seal too, to one John Sanders < no role > , in the Old Bailey: and the prisoner told me, if I would let him send for some friends, he would satisfy me, and make the matter up? I told him I would not run such a risk for five hundred guineas; it was out of my power; so I brought him to Bow-street, before Mr. Justice Bond, and gave him into custody. The prisoner comes of very reputable parents: his father is a very worthy man: he is head butler to the Archdeacon of London; the things are my property.

Mr. Garrow, Prisoner's Counsel. You understand the prisoner to be acting under the impression of a promise? - I said, I do not know that.

This was not all taken at once? - No; it was taken from the 18th to the 21st.

You did not see any article taken? - I did not; they were there two minutes before. And I beg this honourable Court, on account of the prisoner's father, that is now in tears for an only son, to shew him all the mercy in their power.

JOSEPH LITTLER < no role > sworn.

On Thursday last, the prisoner brought two rings to me, and a gold seal: I live in Fleet-street; I am a pawnbroker.

Court. You know, of course, the value of jewels? - I do, as well as most in the trade, I believe.

Did the prisoner bring them to sell, or to pawn? - To sell.

Did you buy them of him? - Yes.

What did you give him for them? - For the two rings, one pound ten; I have proof it is a fair price, by the person that they were sold to afterwards; they were two old fashioned rings; the one in the form of two hearts; the other was intermixed with coloured stones, in the form of a basket of flowers.

Were there any diamonds? - A few in each.

Court. Let me look at those rings? - They were since sold to one Sanders, in the Old Bailey, who told me he would be here; indeed he broke them; I purchased a gold seal, which is not here.

Mr. Garrow. How much did you squeeze yourself, to give for the seal? - I did not squeeze at all; I gave a fair price.

How much did you give? - Sixteen shillings.

Was it old, or new? - It was old.

Will you swear that? - I mean to swear I bought it as a second hand one.

Do you mean to swear it was old? - I mean to swear I bought it as a second hand one; I wish to tell the reason? I bought it from his watch; therefore I had reason to think it was old.

Court. Was it a year old? - I really cannot tell; there was no date upon it; it was a modern make.

Mr. Garrow. Will you venture to swear it had the appearance of having hung to a watch a single day? - Certainly I will.

Was the polish rubbed off; yes or no? - No.

Now what is become of it? - It is sold for twenty shillings to a stranger, on the Friday.

Do you mean to swear that you bought a blank seal with the polish not rubbed off, and of a modern make, as an old second hand seal? - I did not say old.

Yes, you did. Did you buy it as a second hand seal? - Certainly.

Did you take him to be a person of the trade? - Yes.

Did you ask him any question? - Certainly.

Who did he represent himself to be? - I knew him very well; he lived next door but one to me.

In what situation? - As a shopman to an oilman.

Did you expect that lad should have a new modern gold seal? - I knew he had left that occupation; I could not tell what occupation he had.

So this discarded shopman to an oil-man, you think was likely to have a modern gold seal: will you swear that? - Swear! certainly.

Such a discarded shopman to an oil-man, could not fail to have diamond rings of his own? - Well, Sir; he said they were sold for another person, by commission; for Mrs. Aldridge, of York-street, near the Middlesex Hospital.

Have you your books here? - I can send for them.

Did you know Mrs. Aldridge? - No, Sir.

Did you make any enquiry about her? - No, Sir.

Did you tell the lad you would receive as many more things of that sort as he would bring? - No, Sir.

Upon your oath, did you not, Sir? - No, Sir.

Did not you ask him if Mrs. Aldridge had any more? - I sold them in the course of about two hours, or less.

Have you such quick returns constantly? - Things that are old, are only fit for breaking.

Will you state that these were old, and only fit for breaking? - The rings I speak of; the one, I believe, was made nineteen years ago; they were old.

Do you mean to swear they were in a state fit only for breaking? - They were, on account of the old fashion of them.

How long have you dealt with Mr. Sanders? - For these six years, or more.

By what name? - By what name! he is known by the name of Sanders; no other name.

Is he here? - He is not; he lives over the way, directly opposite; his Christian name is John.

Did he come to you, to know if you had such an article? - He called; he does not call every day, but most likely, seven or eight times a week.

Did you send for him, to tell him you had something fit for the melting pot? - No, Sir.

Had those things the appearance of being old, or worn, or put upon a finger, except to be tried? - I do not know that they had; if I had put them in the window, they might have laid there twenty years.

Does Mr. Sanders buy a good deal of plate? - No, Sir, very trifling.

To how much account? - I do not know; I have no book of the transactions.

Will you venture to swear that you had disposed of all these to Sanders, before you heard that Mr. Tewlings had lost them? - The two rings I will, upon my oath: I had nothing in my possession when Mr. Tewlings applied: the seal was sold on Friday to a gentleman, who by accident came in for a blank seal; we had others, but none of that size; I had it the day before.

Had you put that in the window? - Yes.

How much do you think the gold of these rings was worth? - The gold of the rings was very trifling; two very small hoops.

How much is the gold of this seal worth? - Twelve shillings: the stone was a cornelian.

What, is that worth but four shillings? - I do not know the value of a cornelian in particular.

Now, upon your oath, what was that old cornelian worth? - I think it might be worth five or six shillings, and no more.

How long have you carried on this roaring trade? - It is an upright trade.

It will very likely put you in an upright situation very soon; boys would not be here, if it was not for such men? - I am sorry you are misinformed.

To Prosecutor. What was the value of these things? - I gave three guineas and a half for the ruby ring; it was like two hearts; one was sine brilliants, and the other a fine ruby; the seal cost me about a guinea and a half, or thereabouts; and as for the other basket ring, that was a present to my wife, and cost four guineas.

GEORGE LIKE < no role > sworn.

The prisoner first called on me, on the 19th of May, to shew me a seal to buy; I advised him, on looking at it, to sell the seal where he brought it; and he told me he bought it of Mr. Warboys, of Ludgate-hill; he went away, and returned, and said he had sold it to Mr. Warboys, for twenty shillings; then he called on me on the 20th, on Thursday, and shewed me a large single stone ring, with a gold mount; and asked if it would suit me to buy it? I told him it would not suit me; he had at the same time, a fancy ring on his finger, of a double heart, set with diamonds and rubies; he left me, and told me he had served his time in the city, and was well known by people about; then I did not see him, I believe, till Friday, the 21st; then he called on me, and asked me if I had ever a large lady's ear-rings and necklace; and shewed me a ring he had to sell; that was the hoop ring; I asked him whose property it was? he told me it belonged to a lady that had been in great life, and had a vast number of these things to dispose of; he gave me the name of John Brown, at Mr. Aldridge's, No. 4, York-street, Middlesex Hospital; I bought the last ring of him; the hoop ring; I gave him a guinea and a half for it, which he informed me was the price the lady had set upon.

Court. What was the value of it? - I hardly can ascertain the value of it, without it was taken to pieces; I had it but a little time in my possession; the worth of these kind of things is no more than the materials.

Then you can form a little guess by the quantity of stones; you know they were diamonds? - Yes.

Then you could form some little guess whether they were not worth about a guinea and a half? - I take it, it was worth two guineas; I believe the trade well knows, if they were to see the size of the ring: I am not a compleat judge, to say exactly; I have a better ring than that, which I could dispose of for little more; but buying and selling is a great difference; I gave it up directly.

Mr. Garrow. How long have you been a buyer and seller? - About ten years.

You have but a slight knowledge? - No.

You run the risk of buying and selling? - Yes; I have lost by that.

How came it that you did not see the lady? - It was my intention to wait on the lady on Saturday.

Look at that boy; he had a fancy ring on his finger? - Yes.

Did the things appear to be old things; such as a lady had worn for many years? - They might have been made for years.

Had not they the manifest appearance of coming fresh from a jeweller's shop? - No.

Do you mean to swear that? - Yes.

And to your best judgment, two guineas was the utmost value? - It is impossible to swear.

Do you mean to swear they were not worth more than two guineas? - They were not worth more to me.

What means did you take to ascertain that? - By the one I have of my own.

So you keep one by you, by the way of a pattern, to swear by? - No, Sir; I did not compare them, but by my ideas.

Did you believe this story from a boy not sixteen, an apprentice to an oil-man, that a lady should send him all the way from York-street, past some hundreds of shops, to Butcher-row? - It was near his neighbourhood, where he served his time.

Did you know him before? - Not at all.

Did you enquire whether his story was true? - No.

The prisoner called three witnesses, who gave him an exceeding good character.

GUILTY , Death .

Foreman of the Jury. My lord, we wish with one voice, to recommend him to mercy.

Mr. Recorder. Gentlemen, I am always requested to ask the ground of the recommendation of the jury.

Jury. Only as we have not heard of any other offence; and as he is so extremely young, and has a reputable father.

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