1. JOHN WATSON proceedingsdefend was indicted for feloniously stealing, on the 27th of August , in the parish of Mary-le-bone, in the dwelling house of John Smith proceedingsvictim , two bank notes of the value of ten pounds each, two ditto, of the value of twenty pounds each, one of the value of twenty-five pounds, and one of the value of fifteen pounds, the property of the said John Smith < no role > .

MARY SMITH < no role > sworn.

I am John Smith < no role > 's wife.

Q. Was your husband possessed of any property in bank notes? - I had a hundred pounds, bank notes which was in the house, which was the property of my husband.

Q. Can you describe them? - My daughter will do that.

Q. Did you at any time lose these bank notes out of the house? - The prisoner at the bar took them off my table in the parlour.

Q. Was the prisoner your servant? - No, he was no servant of mine.

Q. How came they to be on the table? - When this happened he came to my house in Mortimer-street .

Q. What day was it the prisoner came to your house? - My daughter can say, I cannot say myself what time it was, it was about half after three in the afternoon, in the summer time.

Q. Was it in the month of August? - I believe it was.

Q. What was the occasion that brought the prisoner to your house? - I was going down Parliament-street this day, and I saw a small parcel lay that was lapped up in brown parcel, and I was going to stoop for it, and the prisoner stooped before me, and he said he had picked up a prize.

Q. Had you any acquaintance with the prisoner before this time? - No, I had not, I said halves to the prisoner at the bar; the prisoner asked me whether it was a usual thing to give half of a thing that was found? I told him I had heard say so that it was.

Q. What past afterwards? - The prisoner went through Whitehall, into the Park, and there he met with an elderly gentleman.

Q. Did you go with the prisoner? - Yes; he asked of this good old gentleman, as he called him, which he met, where the King's jeweller lived; and he shewed him the great prize, and the old gentleman says, a prize indeed! you should keep it to yourselves; the King's jeweller lives in Bond-street; then we went on till we came to a chair in the Park, where we all three of us sat down.

Q. Did the old gentleman appear to be an acquaintance of the prisoner's, or a stranger? - I believe he was an acquaintance of the prisoner's.

Q. What past while you were sitting down? - While we were sitting there,the prisoner at the bar said he was a captain of a ship, and his name was Thomas Smith < no role > ; he said he would go to his friend's house where his cargo was, and he would fetch a hundred pounds.

Q. What was he to fetch this hundred pounds for? - Towards paying for that prize, till the morrow morning.

Q. Was it your share he was to pay for? - Yes, my share.

Q. And he went to his friend's house as he said? - Yes.(Produces a pocket book inclosing a trinket.)

Q. Is this the trinket that was enclosed in the brown paper? - Yes, and this pocket book likewise; he came back from his friend's house as he said, the old gentleman, and I sat in the chair till he came back.

Q. Did he leave these articles in your possession, or did he carry them away with him? - The old gentleman kept them.

Q. How long was he absent? - He was gone I believe about fifteen minutes; when he came back, he said his friend was not at home, he said, as I understood him, that he was gone to Richmond, and he would return in the morning; then we went on, and went out of the Park, but I don't know which way, till we came into Bond-street, all three of us.

Q. Where is your house? - No. 20, in Mortimer-street; when we came into Bond-street, I said, this is Bond-street, and that the King's jeweller lived there; the prisoner at the bar said, hush, never mind; then we went from there to my own house in Mortimer-street; but before we came to my house, at the top of Bond-street, we turned on the left hand side, and went into a public house, all three of us, they called for a pint of porter, and drank, and they asked me if I would drink any thing; I said I would drink a glass of cider, if they had any there, they had no cider and I drank a glass of wine.

Q. Was there any thing more passed? - No, nothing passed; then we went to my house, when we came to the door they asked me who I had in the house? I said my daughter, nobody that would hurt them, when we went in I took my daughter up with me and looked out the hundred pounds in notes.

Q. What was the first thing you did when you went into the house? - I spoke to my daughter.

Q. Into what room did you all go? Where did you shew these men to? - Into the parlour.

Q. Had you any conversation with the men at the time? - No further than something about this money.

Q. Mention what you said about this money? - They had made this agreement before I came home, about this hundred pounds.

Q. When was that made? - Before got home, in the Park.

Q. What was the agreement? - When I came in I spoke to my daughter.

Q. Mention how the agreement was made in the Park? - For a hundred pounds, for this thing till on the morrow morning, when he should receive his property when his cargo was lodged.

Q. You was to pay him a hundred pounds, and to have that thing till the morning? - Yes.

Q. Then I understand you that that hundred pounds was to be paid as a deposit for the security of the trinket, for your delivering this thing again? - Yes, it was.

Q. Then the hundred pounds was only in the nature of a deposit, not in the nature of a purchase? - The hundred pounds was security for that thing, till on the morrow morning, when I was to have my one half of the value, and my hundred pounds back again.

Q. What value do you mean? - One half of the value of this note; I was to have one hundred and twenty-five pounds besides my own hundred.

Q. What do you mean, one half of the value of that that was expressed? - That which the note expressed.

Q. At present we know nothing at all about a note. When did you see any note first? - I saw the note, he shewed me the note out of the pocket book when he picked it up.(A Note shewn her, found with the trinket in the pocket book.)

Q. Do you know, or any body else, whether that note is the note? - That is the note.

Q. How came that to be left in your hands? - That was left in my hands when the hundred pounds was given him.

Q. Was this note read to you at all before you agreed for the hundred pounds? - The prisoner shewed it me, and read it in the Park.

Q. Did he read the whole of it? - I believe so.(The bill read by the clerk of the court.)

London, August 15th, 1794. Bought of Thomas Smith < no role > , goldsmith and jeweller; one brilliant diamond locket, value two hundred and fifty pounds; at the same time the contents in full by me Thomas Smith < no role > , received two hundred and fifty pounds.

Q. When you came to your house they made an enquiry at the outside what persons were in the house; and when you told them you had only your daughter in your house they went in with you, and you introduced them into the parlour? - Yes.

Q. When they came into the parlour with you and your daughter, what past between you and the prisoner? Did you tell your daughter to fetch you any money? - I went up with my daughter to look out my notes and she looked out the notes, and I brought them down and put them on the table in the parlour, and the prisoner took them up.

Q. Can you mention the particulars of these notes? How many were there? - My daughter is here, if you please to let her come she will mention the notes, I cannot myself.

Q. Did your daughter come down with you? - Yes, and she stood on the stairs, and see me lay the notes down, and see the prisoner take the notes up.

Q. How long were the notes on the table before the prisoner took them up? - I don't think they were on the table above a minute.

Q. Can you tell in general what the amount of them were? - Let my daughter come and she will tell.

Q. Do you know the amount of them? - The amount of the notes were one hundred pounds.

Q. What did the prisoner do with the notes? - I cannot tell.

Q. Did he put them in his pocket when he took them from the table? - I cannot tell that.

Q. Did he stay in the room? - He staid in the room and drank a glass of brandy in the room, and then he went out, and he asked me -

Q. Did he take the notes with him? - Yes, he took them with him.

Q. How long did he stay in the room, after he had possessed himself of them? - He staid in the room about two minutes; when he was going out he asked me what time my husband breakfasted in the morning? I told him at eight o'clock.

Q. Did he promise to come the next morning to settle all this business? - Yes, he was to come and settle it all at nine the next morning.

Q. When you laid the notes on the table, did you say any thing to him? - I said there were the notes, and he took them up, and said they were very right.

Q. Did any thing further pass? - Nothing more.

Q. Did the other gentleman, the old gentleman, do any thing while this transaction was going forward? - This old gentleman told me what a fine thing it was, this great prize.

Q. Where was this? - In the park.

Q. Did the old gentleman interfere in this transaction when he was in the house? - No, he did not meddle with the notes.

Q. Did he say any thing? - No.

Q. When these notes were laid on the table, and the prisoner took them, who had this prize, and the pocket book? - They delivered these to me, when they took the notes.

Q. Then after it was in your possession, and the prisoner had gone off, did you go to any body to learn or consult about the value of this prize? - My son did, after he came home.

Q. And what was the information you received from your son? - Before my son came home, my daughter asked me to look at it, she said she had never seen a diamond, and she thought it looked common. My son is a painter and glazier, he took his diamond that he cuts the glass with, out of his pocket, and he tried these diamonds with the diamond he had about him.

Q. Is your son here? - No. Then he went down with it to a silversmith.

Q. Did you go with him? - No.

Q. Did the prisoner at the bar come the next morning? - No, he never came.

Q. What did you on the prisoner's not coming according to appointment? - I did the best I could, I have fretted myself till I am not able scarcely to stand on my legs.

Q. Look about, and see if you can find him? When did you next see the prisoner, after he had been at your house? - When he was brought to me in a coach; I believe it was a fortnight before they took him; my son went down to Bow-street, Covent-garden.

Q. Look behind you, and see whether you can find out a person who found this prize in Parliament-street? - Yes, it was the prisoner at the bar.

Q. Are you sure that is the person? - Yes, I am sure.

Q. Had you ever seen this man before? - No, not till I see him that day with this woeful thing.

Q. You was a good while in his company, so as to make observations enough on his person, so that you can swear positively that he is the man? - Yes.

Q. Do you know any thing further? - Nothing further than when he was brought before me.

Q. Have you ever got the notes back again? - No, I have not got the notes back.

Mr. Knowlys. Mrs. Smith, I believe you was the first person that spoke; you spoke to the prisoner before he spoke to you, did not you? - No, the prisoner spoke to me first.

Q. I thought you said when the prisoner took up the prize, you called out halves? - He said, he had found a prize, he throwed away the brown paper, and produced this pocket book, and then I said, halves.

Q. And this led to all this further conversation about it? When these notes were brought down, and laid on the table, he took them, in consequence of a previous agreement that he should take them? - Yes, that he should have a hundred pounds till on the morrow.

Q. So you gave a full consent for him to have these notes? - I put them on the table, and he took them up.

Q. Providing he left that locket you had no objection to his taking them? - He left that locket till the next morning, till I had my hundred pounds, and a hundred and twenty-five pounds, that I was to receive.

Q. And on that promise you let him have the notes? - Yes.

Q. But he did not call the next morning? - No, he did not.

Q. I dare say you don't know the value of any of those notes? - They amounted to a hundred pounds altogether.

Q. But you cannot specify what was the value of the identical notes? - Altogether they were this hundred pounds.

MARY SMITH < no role > , the younger, sworn.

Q. You are the daughter of the last witness? - Yes.

Q. In August last did your mother come with any persons to your house? - Yes, the 27th of August she came with two persons.

Q. Look at the prisoner, was he one of them? - I cannot say; I did not look at them, I remember two men coming, but I don't know who they were.

Q. What time of the day was it? - About four o'clock in the afternoon.

Q. You was alone in the house then? - Yes, no one else.

Q. What passed between you and your mother when they came into the house? - My mother came down to me and said, Mary come up, for I want you, I went up stairs with my mother, and she desired me to look out a hundred pounds.

Q. Did you look out a hundred pounds? - I did.

Q. In money or in notes? - Bank notes.

Q. Do you recollect the identical notes? - I know to the quantity of notes, but not to the number of them, there were two tens, two twenties, one twenty-five, and one fifteen; six in the whole.

Q. What did you do with these notes? - I gave them to my mother, and she took them down to the men, and put them on the table, for them to take.

Q. Did you see what your mother did with them? - I did not, no otherwise than what I have mentioned.

Q. Did you see either of the men take these notes from the table? - No, I did not see either of the men take them off from the table; my mother told me I might hear what they said, and so I did, I stood on the stairs. When my mother went down to take the notes, they desired my mother to shut the parlour door; she said she would not; then they asked my mother if there was any body that would hear their discourse? and my mother said no, nobody in particular; with that they asked my mother what time my father would come home to breakfast; they made my mother promise for nobody to see the note that was in the pocket book, till the next morning; they asked if they could not put it in some place of safety till the next morning, my mother brought the tea chest to put it in, and gave them the key of the tea chest to lock it again.

Q. What did you understand by the note? These bank notes amounting to the hundred pounds, or did you conceive that these notes was any thing else? - I did not know then, my father being in business, and I don't know what it might be.

Q. Was that tea chest which your mother brought down, left in the house? - Yes.

Q. When it was opened did it contain anything? - Nothing in short, but tea and sugar, except this pocket book, containing the trinket; I did not see it open till after they were gone, I asked my mother to let me see it; and she had said she had promised that she would not, and she was very dubious to forfeit her word; and I asked her to let me havethe key of the tea chest, and she agreed to it, and I unlocked the tea chest, and when I see the locket, I said to my mother that I had never saw a diamond, but I thought it looked very common; when my brother came home, he said it was nothing but paste stone; with that I went with my brother to a silversmith, and he said, it was not worth more than five shillings and six-pence.

JOHN SMITH < no role > sworn.

It was my property that was taken away, I know nothing of the transaction.

Prisoner. I know nothing of the old gentlewoman at all, I never remember seeing her till I was taken; I had some witnesses to call, I beg your lordship to put off this till the afternoon.

Mr. Knowlys contended that in this case the prisoner had not been guilty of any felony, because the woman had parted with her property freely, and with her own consent, and she had delivered to the men an hundred pounds, which they were to redeliver to her, on their coming to claim this jewel; and it appeared to him, that the terms on which this money was to be delivered to her was never executed, and she had parted with it voluntarily on her own part.

Mr. Baron Perryn observed that she certainly parted with it voluntarily, for the purpose of having it restored to her the next day; but the question was, whether the commencement of this transaction was not when the brown paper was picked up; whether from that period they had an intention to rob her.

Mr. Knowlys observed that the terms on which this was to be returned to her, was on their coming to demand that jewel.

Mr. justice Grose observed that it appeared to him, she had never parted with the property, but put it as a deposit; and then the question was, whether it was not all a trick to rob her.

It was finally agreed to refer the case to the opinion of the judges, if the jury should find the prisoner guilty of the fact.

The prisoner called one witness to his character.

Q. To Smith. Have you made any enquiry with respect to this jewel? - It is valued at five shillings and six-pence, by a silversmith and jeweller that looked at it.

GUILTY,

Of the felony, but not in the dwelling house. (Aged 38.)

Judgment respited .

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