718. JAMES ROYER proceedingsdefend , JAMES SMITH proceedingsdefend , and EDWARD IVORY proceedingsdefend were indicted for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 14th of September last, at the parish of St. Luke , one piece of base coin resembling the current coin of this kingdom, called a six-pence, falsely, deceitfully, feloniously,and traiterously did colour, with materials producing the colour of silver .

A second Count, for the same offence, only calling it one round blank of base metal, fit to be coined into a six-pence.

(The indictment opened by Mr. Reeves; and the case by Mr. Fielding.)

The witnesses examined apart.

EDWARD RYLAND < no role > sworn.

I am by trade a cordwainer: sometimes I act as a constable when I see a thief. I know the prisoners. On Tuesday, the 14th of September, I received information which led to the house of the prisoners. The solicitor of the Mint sent us to Bow-street; and we went with Townsend, Jealous, and old Macmanus, and the young one; and I went to the house of the prisoner, James Royer < no role > , No. 10, City-gardens, New-road, Islington : I knocked at the door; Mrs. Royer opened it: the rest of the officers were close behind me: we went up two pair of stairs; the door of the front room was fastened; I could see through the crack of the door, all the people with their shirt sleeves tucked up, in the position of rubbing, as if they were polishing something; I cast my eye to the window board, where Mr. Royer was at work, and there lay a cloth on the window board, with something in it of metal, that appeared to be money; upon which Ivory, I suppose, hearing a noise by the officers coming up stairs, he stuck himself against the door, at the same time Mr. Royer took up this cloth with the money in it, rolled it up in his hand, and before he could well do that, the door was forced open by the rest of the officers; Royer rolled up the cloth in the course of a second after, and threw it out of the window, into a Mr. Fuller's grounds; the window was open: then he escaped out of the window himself, and ran along the gutter; it is a parapet: we took care of Ivory and Smith: I never saw Royer before: I know nothing of his being retaken; but I am positive to his person: the hands of Ivory and Smith were very black, and a pan of aqua-fortis stood on the board, by where Mr. Smith was at work: I did not search for the cloth that was thrown out.

Mr. Knowlys, one of the Prisoners Counsel. The street door was opened to you on your knocking? - It was.

You was the person who had the opportunity of looking through the chinks of the door? - Yes; I being first; with old Macmanus and another witness, looked through the crack of the door.

Ivory clapped his back against the door? - He did.

Is the door narrow or broad? - It is not very narrow or very broad; it is a common door.

Court. Who looked through the chink of the door besides Mr. Macmanus and you? - Mr. Allingham did.

Mr. Knowlys. What business are you now? - I am a cordwainer by trade.

Do you pursue that trade? - I do.

Who do you work with? - For myself.

When did you make shoes last? - For Mr. Bond, on Snow-hill.

How long ago? - About two months ago.

Then for the last two months you have not made shoes? - I have got to be a common thief-taker now.

I have not seen you much here? - I have been here, but have given no evidence: within this last two months trade has been very dead.

You mean the trade you stated to me? - Yes; that of being a common thief-taker.

How long is it since you have been a patrol? - Two years last Christmas.

What parish? - Of this parish; Saint Sepulchre's.

How long was you a patrol of St. Sepulchre's? - Between six and seven years.

How came you to leave the business of a patrol for this parish? - Because me and my fellow servant used to go to the Brewhouse together, the side of the Fleet-market, and drink strong beer instead of small.

Then I believe the people there were illnaturedenough to say that you have taken the strong beer wrongfully? - Yes.

I believe they said, you stole it? - To be sure: I was discharged from the office of patrol for that: there might have been other common reports for aught I know.

Have not you been charged with stealing the oil from the lamps? - Yes; but I deny that: I was dismissed for taking the beer from Mr. Watlington's brewhouse.

What did you do when you was turned away from being patrol? - Work at my business.

Did you work for any master? - I did not use to do any work at all then.

Have you never made any application on the subject of this business, that you could put an end to it? - Never in my life.

You have never said, that you could put an end to it, and could wind Allingham round your finger? - Never in my life.

PATRICK MACMANUS < no role > sworn.

I am an officer of Bow-street. On the 14th of September me, and Ryland, Jealous, Townsend, and Allingham went to Royer's house, in the City-gardens; I understood it was a back room: Ryland went up; and I stopped on the second step from the bottom some time; when I got up stairs Ryland and Allingham were stooping; I touched Ryland, and said, what are you doing? he said, I see them at work; I desired him to stand away; he moved his head away, and I looked over him, and I saw three people moving and stirring, doing something; but what I cannot say; they were the three prisoners; their backs were then to me: I kicked the door a little open, and the two prisoners, Ivory and Smith set their shoulders against it, to prevent its being opened; it was opened in less than a minute; and I went in, and pushed in Ryland and Allingham: the first thing I observed was a man getting out of the window; I saw him very plainly getting out.

Had you an opportunity of seeing him, so as to know him again? - No, Sir: Townsend came in, and I said, there is a man got out of the window; he got out, and said, I see him: I do not know more than what Townsend said: some of the glass was broke; and when the man was brought back again his hand was very much cut: he was brought back by Jealous and by Townsend, I believe, in less than five minutes; that was Royer, the landlord: here is the cloth he wiped his hand with when he came back (produces a cloth bloody); we secured the men that were left, and made them sit down; they were all stripped, and their shirt sleeves tucked up; their hands were nearly the colour of this glove, which they use some times (produces a green old glove): on the board, in the front of the window, was this six-pence, not finished.

Court. They are pieces of metal? - Yes. Upon that board lay a parcel of pieces of cork, more than three, and these three pair of pliers, and a great quantity of scowering paper, such as this; I said to Jealous, there is a strange smell of fire, and there is none; and there was a pail near half full, and the colour of the liquor was green; and there was the smell of a slow ugly fire; the pail was as near the end of the bench as it could be: I turned round to my left hand; there was a little stove, made of bricks, that could be made and pulled down directly; I put my hand on it; the bricks were so hot that I could not bear to keep my hand there; and there was a parcel of column, (what they dry malt with) which I understand these people use instead of charcoal: there were also several little barrels of sand, with several bags of this sort; something made out of rotten stone, very offensive smelling things; the sand was white sand, such as is used in casting; and several parcels of this sort of paper, and things, such as they black them with, to make them look like those in circulation; there is blacking in those pipkins now, and here are the dies, and here are two things that Mr. Clarke can describe to you better than I can; but he says, they are the things that they turn the money in the lathe with; these were in the pocket of Smith: these clothes were all out of the room, on the bannisters of the stairs; and when theybegged for their cloaths these were in the pocket of the cloaths that Smith owned.

When Royer returned did he claim any part of the cloathing as his? - Yes; and said it was his house repeatedly.

(Produces several things, which he said Clarke would describe.)

What became of the pickle in the pan? - Jealous brought away a pan full of it.

How long was it before Royer was brought back into the house? - A very little time.

How many of you were in the room during the time of making this search? - We were all in the room at times: there was another Macmanus besides me; he was in the room.

Mr. Garrow. Mr. Macmanus, among the things that you found, you did not find any lathe? - There was part of a lathe in the room.

Not a compleat one? - Not a compleat one.

I believe you have not produced any files? - I believe there are some; I am positive I saw one or two; but whether they were brought away or not I do not know.

Did you find any flasks? - No.

No moulds? - No.

Then the sand could have been of no use for casting, without the flasks or moulds? - No, Sir.

Did you find any crucible? - Not to my knowledge.

Did you find any jet? - I took this out of Royer's pocket, and he said it was physick; this I took out of Royer's pocket; there is good money in it.

Mr. Fielding. I admit that no casting could be carried on there.

Mr. Garrow. Then I shall not pursue this examination.

CHARLES JEALOUS < no role > This name instance is in set 2444. This set is in the group(s): BowStreetOfficers . sworn.

I am one of the officers in Bow-street: I was present with Macmanus and Ryland, on the 14th of September: I found in the room of the prisoners, in this pipkin, two hundred and fifty-five pieces of metal, in that state; they appear not to be finished; they resemble six-pences in their size and shape; and some of them in that bag in another state, one hundred and eighty-four; they are ready for dipping in the pickle; this is the pan the pickle was in; it is dried since by the air; it was aqua fortis and water; it was almost half full; but there were two basons on the board at the time I went in; when the aqua fortis is put in it purges the silver immediately: I shewed it to Mr. Clarke afterwards: I went up the stairs; but I did not look through the door: I was outside when Townsend called out, that a man had got out of the window: I fetched Royer out of the two pair of stairs, next door but one, without his coat, and without his hat; and when I was bringing him down I was met by Townsend: his hands were black: I then came up the two pair of stairs at No. 10, and there I saw the two prisoners, Smith and Ivory, without their hats and coats, and their hands very black; the window of the two pair of stairs was facing the garden; there is the path way between that and the garden.

JOHN TOWNSEND < no role > sworn.

I was with Macmanus and Jealous on this occasion. On the 14th of September I went to a house, No. 10, in the New-road: Macmanus and two of the other people went up first; I ran up afterwards on hearing a call; and the door was open; and Macmanus said, pursue that man, he has got out of the window; that is Royer; he got out of the window in my presence: I was obliged to run round a table; and I repeated an oath, I would knock him off; and saw him go into the window of No. 12; he run along the gutter: I looked over and saw Jealous in the street, and told him where he was: that is the same man that escaped from the window: after that I came into the room again, went down to No. 12, and came with Jealous, and brought him back; he was in his shirt sleeves, and he asked for his coat: I did not take any notice of the articles: I went round to thegarden, and received this cloth, with a quantity of silver, from him; I counted them; and there were five hundred and twenty six-pences, and four shillings, all in a finished state. It was about twelve, or thereabouts.

WILLIAM SMART < no role > sworn.

I am a gardener. I work with James Fuller < no role > , City-road. I know No. 10: it is directly facing our garden; there is just room for a carriage between: there is a very high pale to our garden: on the 14th of September I found a cloth with some six-pences in it; I cannot say how many; I gave them to this man (Townsend) immediately; I was about forty yards from the house, at work: I found this about three yards lower down than over against the window, not one yard from the garden pales: I picked it up about half past twelve.

Mr. Townsend. It is the same bundle I received from Smart.

(Produced.)

ANN REID < no role > sworn.

I live next door to the prisoner Royer, at No. 11. I remember this bustle the 14th of September: I saw a cloth come from the house, and it alighted in Mr. Fuller's garden; I cannot speak to its appearance: I understood it to be Royer's house: I have seen one of them.

Mr. Garrow. Do you know a man of the name of Morrison? - No: I saw a cart load of goods come to the house a short time before; there was a chair and tables; I did not take notice of the things: they stopped at my door in mistake.

JOHN ALLINGHAM < no role > sworn.

I am a carpenter and joiner. I received information that the prisoners were carrying on this illegal practice: I went to the house, and I went up stairs, and looked through the crevice of the door; the door was very wide on the box of the lock, and I could have shoved my hand edgeways; they were all three standing with their shirt sleeves up, found a board; we directly made a rush at the door, and Royer snatches up a cloth with some silver, and threw it into the garden opposite, and made his escape out of the window, that I saw; I directly ran down stairs after him, and Jealous with me; we fetched him out of the two pair of stairs, No. 12: we brought him back; I saw all of them round the board, rubbing; and when we forced the door, Royer took up the cloth with some silver in it.

Mr. Knowlys. How long have you been acquainted with Ryland? - Not long.

How long? - Not above three or four months.

Have you been out with him often? - No, Sir, never; this was the first time.

What business are you? - A carpenter and joiner.

Who do you work for? - For one Mr. Rice; he keeps an iron foundry, on Clerkenwell-Green; I have been at work there this morning, and about three weeks.

Who did you work for before? - One Mr. Butler, in Silver-street, near Wood-street; that was directly; as soon as I left him, I went to Mr. Rice's.

JOHN CLARKE < no role > sworn.

Mr. Fielding. I believe, for the space of twenty years, you have had much experience of this kind of offence? - Yes; I have been called upon different times to report the different progress.

First of all, you was at Bow-street, I believe, when Jealous produced this pan, with some thing in it? - I was there, when he produced a pan with some thing in it, but whether that is the pan, I do not know.

Jealous. That is the pan.

Clarke. It appeared from the look and the taste, to be aqua fortis and water.

Why is that necessary? - In the first instance, after the six-pences are prepared making ready to put into aqua fortis, it is put into aqua fortis; after that they throw it into water, and from the silver, and the strength of the aqua fortis, it makes it into a green pickle; then afterwards, by rubbing it with sand and water, the white is left on the surface, drawn by the aqua fortis; it isimpossible for me to tell what the metal is, but I suppose there is silver amongst it; if there is any silver the effect will be to expand the silver appearance over the surface.

Then aqua fortis and water is the necessary ingredient to produce that effect? - Aqua fortis itself; but it is reduced by water, and every bit of metal which is put into aqua fortis, it immediately turns it green; and so, by constant putting it into aqua fortis and water, it turns it green.

Then what was produced to you by Jealous, was what was necessary to produce this appearance? - It wanted the aqua fortis; it has been used, and put into this.

What is the use of that cork? - After they are cast, they are rubbed with a file, and then they are smoothed with scowering-paper from the casting; them pliers may be used for several things, but they are put into them pliers in order to rub; that glove they may use for twenty things; it is not immediately necessary; the backing is in order, after they are made bright from this colouring, they put it in, in order to deaden the bright white, that they may have a better colour.

Court. Have you looked at those pieces of metal which have been produced? - I have looked at some.

Are they the genuine current coin of the kingdom, or are they base metal? - They are base metal; these are ready for circulation, and they are base coin, no doubt of it.

From the view of these things, are they what is necessary to carry on that part of the process for colouring? - No doubt of it.

Mr. Garrow. If I understand you, the liquor that was produced to you by Jealous, was not aqua fortis? - It was not.

And you said, this appeared to be a pickle, produced by throwing some metal that had been put into aqua fortis into water? - Yes.

This pickle, of itself, is not strong enough to throw the whiteness to the surface? - I should not suppose it would; whoever coloured this must have had aqua fortis.

Therefore, the produce of this room, does not afford all that was necessary for the purpose of colouring? - Aqua fortis was necessary to be superadded, not a doubt of it: it would not do in that situation.

- FRANKLIN sworn.

I am one of the moniers of the mint; (Looks at the six-pences.) In my judgment, there were not coined at the Tower.

Are they like the current coin of the kingdom? - Exactly the same colour and shape.

Prisoner Royer. I leave it to my Counsel.

Prisoner Smith. I leave it to my Counsel.

Prisoner Ivory. I leave it to my Counsel.

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

ALEXANDER LEVY < no role > sworn.

I am a baker; I live in Grub-street; I know the witness Allingham, since he lodged in Hair-court, four or five months, and ought to know some thing about his character.

As far as his general character has come to your knowledge, do you take him to be a man to be believed on his oath? - No, Sir, I do not.

Is his general character a good one, or a bad one? - A bad one.

How does he support himself? - Nobody knows.

Mr. Fielding. Let me look at your hand, will you? - Here is my hand.

Court. How did you discover that he had been a bad character? - At first, when he came to the house.

And how long did you continue him in your house afterwards? - He is in the house now.

RICHARD WILLEY < no role > sworn.

I am a patrol belonging to St. Sepulchre's; I had a subpoenea.

Was you appointed in the room of Ryland? - No, Sir, I was fellow-servant with him some years.

What character has he bore; would you believe him, on his oath? - He was turned out from us for illegal practices, and I should not believe him on his oath; I believe he would sell his father for a shilling; he was turned out for stealing at Mr. Watlington's brewhouse, in Fleet-market, him, and one Dodd, and a watchman, for having a bottle, with lamp oil in it, in order to cheat the parish of the oil; the brewer, and Mr. Ashmore, who are respectable characters, will tell you the same; I do not know either of the prisoners.

SARAH BETTS < no role > sworn.

Did you ever see that man that stands near you, Mr. Ryland? - No, Sir, not till he came to Mrs. Royer's, since Royer was taken up; he came the 23d of September last; he asked her, whether she knew one Mr. Clarke, the solicitor? he said, he heard there was a hundred and fifty pounds offered for Mr. Royer's discharge; she said, if she was to sell all she had, they would not amount to that sum; he said, he was the only person that could do Royer any prejudice, and he could wind Allingham round his finger, and the man could keep out of the way; and he was to meet her that evening, at eight o'clock, at a publick-house.

Did he come to you home for the purpose you mention? - He did.

Did he offer to keep Allingham out of the way? - He did; that is the man.

Did he explain what prejudice it was he could do Royer? - He did not.

You live with Royer? - I did at the time this happened.

You was apprehended at the time they were in the house? - I was.

And you saw Macmanus, and the other Macmanus, and Jealous and Townshend? - Yes.

Did this man come alone afterwards to Mrs. Royer? - He did, Sir.

What was the first he said about one hundred and fifty pounds? - He said he heard that there was offered one hundred and fifty pounds for Mr. Royer's discharge.

Did not you know that there must have been many more people than himself or Allingham concerned in the evidence in this case? - He did not mention that.

But you knew it? - There was only he came to Mrs. Royer's.

ELIZABETH LAYFIELD < no role > sworn.

I know Ryland.

When did you first see him? - The 23d of September last, at Mrs. Royer's house; he said, he could be of service to Mrs. Royer; I asked him, what service he could be? He said, that Allingham and he were the only persons that could do any prejudice, and Allingham he could wind round his finger; and as they had not been sworn at Bow-street, he could keep Allingham out of the way, and he pitied Mrs. Royer, having a family of his own.

Mr. Fielding. I will not ask you any questions.

Mr. Garrow to Ryland. Did you go to Mrs. Royer's house on the 23d of September? - I am not sure it was so late as that; I did go there; Mr. Macmanus desired me to give a call, to see whether I could find the flasks or not; upon which, the very day before I went, I saw the person that gave us the information; I went there in order to look for the flasks.

Do you mean, after hearing these two witnesses, to state, that no such conversation as they have related, passed? - I told them the same that I heard.

Did no such conversation pass? - Not to my knowledge, it did not.

Then you will not venture to swear positively that you did not say so? - I will not.

Mr. Fielding. What did you say to Mrs. Royer about the reward? - I said, I heard there was one hundred and fifty pounds offered, and I told her; says I, Mrs. Royer, if it was in my power to do you any service, it would be a pleasure.

Did not you appoint to meet Mrs. Royer that evening? - I did.

Where? - At the Half-moon in Long-lane.

For what? - To let her know whether there was any truth in it.

Was not it in order to make terms to stay away? - I was there, and she never came.

Did not you offer yourself to this poor fellow's wife, as a person that would stay out of the way? - No; I said, I had a job of goods to move, and it was a chance of a thousand, if I could be in the way.

Did not you give her to understand, that if she could make it worth your while, you would stay out of the way? - No, I did not.

Do you mean to deny now that conversation, that the women have spoke to? - No, they have spoke to part of it.

Mr. Fielding. Which of the Macmanus's was it that desired you to go to see for the flasks?

Macmanus. I do not know that I desired him to go; but I talked to him the day before, the 23d, and I said, I am very sure their flasks must be in the house somewhere; says he, I shall go there soon; very well, says I.

Mr. Garrow. I dare say, Mr. Macmanus, he did not tell you, that he was going to sell himself, to stay out of the way!

MARY DIXIE < no role > sworn.

I keep a chandler's shop, in City-Gardens; Royer has dealt with me; I know him; I always took good money of Royer.

EDWARD DALE < no role > sworn.

I am a butcher, in Compton-street, Clerkenwell; I have known Royer three quarters of a year; he has bought a good deal of meat of me, and always paid me with good money; I know nothing more of him.

The prisoner Royer called two more witnesses, who gave him a very good character.

Jury. We wish to look at the finished money.

(Shewn to them.)

JAMES ROYER < no role > , JAMES SMITH < no role > , EDWARD IVORY < no role > ,

GUILTY . Death .

Tried by the first Middlesex Jury before Lord KENYON.