58. JOSEPH FRANCIS BODKIN proceedingsdefend was indicted for feloniously stealing, on the 1st of June, a watch with gold enamelled case, set with diamonds, value 40l. a cluster diamond ring, set in gold, value 81. a rose diamond ring, value 50s. twenty-one pieces of foreign coin, value 20s. and a piece of silver coin, called a shilling, value 12d. the property of Isaac Ardesoif proceedingsvictim , Esq. in his dwelling-house .

ISAAC ARDESOIF, Esq. sworn.

Examined by Mr. Trebeck. I live in Church-row, Hampstead ; The prisoner at the bar was my servant ; he came into my service about five or six months ago; I keep my property in an iron chest, in a closet; I was formerly a watchmaker and jeweller; I am now retired from business .

Court. Q. When did you see your property last before it was stole? - A. Five or six days I had the diamond cluster ring on my finger.

Q. Did you lose a gold enamelled watch? - A. Yes.

Q. Where used you to keep that watch? - A. In an iron chest in a closet; I always kept the key of that closet in my pocket.

Q. Had the prisoner access to that closet? - A. < no role > Never, except he took the key from me; he slept in a room below, very near that closet.

Q. < no role > Was it on the same floor with that closet? - A. Yes; except there was one room between.

Q. What was the prisoner's employment at your house? - A. < no role > Footman; he used to undress me every morning and every night; I generally put the key upon the table in my room, and several times missed some guineas; I slept up two pair of stairs, and the front floor was broke open.

Q. Did you lose a double cluster diamond ring? - A. Yes.

Q. How long was it before you lost that ring that you had seen it? - A. Two or three days.

Q. Was a double cluster ring set with diamonds part of the property stolen from you? - A. Yes.

Q. Have you ever seen that ring since? - A. Yes, at Bow-street.

Q. How long after? - A. About two months.

Q. Twenty-one pieces of foreign coin, did you lose them? - A. Yes.

Q. < no role > When did the prisoner leave your service? - A. About two months ago.

Q. Did he leave you before the house was broke open? - A. I turned him out directly.

Cross-examined by Mr. Knapp. Q. I understand the prisoner at the bar used to dress and undress you? - A. Yes.

Q. So did the other servant that lived with you before, did he not? - A. < no role > Yes, sometimes.

Q. Were those things in the same situation in the chest while that other servant lived with you? - A. Yes.

Q. Have you always kept them in that chest? - A. < no role > Generally.

Q. < no role > How long had the other servant gone away? - A. < no role > Seven or eight months.

Q. What is become of him? - A. He is in place; he lived with me twenty years.

Q. How long after he left your service had you seen the things? - A. Two or three months.

Q. You charge the prisoner with having stolen the things contained in this indictment? - A. Yes.

Q. How lately before had you seen the watch? - A. < no role > About three months; I saw every thing when he was at my house.

Q. When your other servant lived with you, did you leave the key upon the table? - A. Yes.

Q. How many servants do you keep? - A. < no role > Five.

Q. How many men servants? - A. One gardener, one footman, one boy, and one coachman.

Q. All of them knew where this closet was? - A. Yes; but nobody went into the closet but this fellow.

Q. Have not you charged servants with having robbed you before? - A. No; never.

Q. Had not you a person in your service of the name of Gibbs, a woman servant? - A. Yes, the cook; the never came into my room.

Q. Did you never charge her with having robbed you? - A. No; I accused her of having cheated me of 10s.

Q. Did you not charge her with having goods belonging to you in her box? - A. Never.

Q. I will put it again; did not you charge Gibbs with having your property in her box? - A. I opened her box, because she charged me 10s. upon the butcher's bill, and I wanted to see it she had got it in her box; I looked into it to see, but I found nothing.

Q. Did you pay her her wages when she went from your service? - A. I did; and stopped the 10s. out of it.

Q. Did you pay her her wages till she brought an action against you to compel you to pay it?

Court. Q. < no role > What can that have to do with this business.

Q. Your servants had persons backwards and forwards to visit them? - A. < no role > Sometimes they had.

Mr. Trebeck. Q. Did Ann Hayles < no role > come to see any of them? - A. Yes; she came to see Bodkin.

Mr. Knapp. Q. Your house was broke open? - A. Yes; the very same night.

Q. < no role > You never found out the persons that broke it open? - A. < no role > No.

Q. The prisoner had left your service at that time? - A. Yes.

Q. Had you ever missed your property till after your house was broke open? - A. No.

Q. The prisoner was taken up for that offence, and discharged? - A. Yes.

RALPH HACKWOOD < no role > This name instance is in set 3075. sworn.

Examined by Mr. Knowlys. I am fourteen years of age; I live at No. 35, Half-Moon-street, Piccadilly.

Q. Do you know Mrs. Murdock? - A. Yes, she lived in the same house with me.

Q. Do you know a person of the name of Bodkin? - A. Yes; that is him; I have seen him at Mr. Christian's, and at our house; my father is a musician to the Opera-house; the prisoner came to our house the latter end of July; he brought a parcel for Mrs. Murdock, and gave it to me.

Court.(To Ardesoif.) Q. About what time was your house broke open? - A. The 29th of September.

Q. < no role > (To Hackwood.) Was there any direction upon it? - A. Yes, but it was scratched out.

Q. You were not able to make out what that direction was? - A. I was not; Mrs. Murdock was out at the time; and I gave it to her when she came in, with a letter which he gave me at the same time.

Q. What became of that parcel after you had delivered to her? - A. It was left in a drawer; I put it there by the direction of Mrs. Murdock, till a lady came and fetched it.

Q. Did you ever, afterwards, see that lady again? - A. No.

Q. Were you at Bow-street? - A. Yes.

Q. < no role > Should you know her if you was to see her? - A. It was Mrs. Hayles.

Q. Did you ever see her after? - A. I saw her at Bow-street.

Q. Was the person you saw at Bow-street the person that came for the parcel? - A. Yes.

Q. And that person was Mrs. Hayles? - A. Yes; I saw her examined.

Q. Was she examined in his presence? - A. Yes.

Cross-examined by Mr. Alley. Q. About what time was this, June or July? - A. I cannot say, but I think it was the latter end of July.

Q. < no role > What time was it that your were at Bow-street? - A. < no role > I cannot say.

Q. Was it not after September, think you, or in September? - A. I cannot say.

JOHN DIXON < no role > sworn.

(Produces some letters which he received from Mrs. Murdock).

ELIZABETH MURDOCK < no role > sworn.

I lived in Half-Moon-street, in July last; I live now in Curzon-street.

Q. Do you know the prisoner at the bar? - A. Yes; I have known him six or eight years; I had the care of two young ladies where Mr. Bodkin was butler; I know the prisoner's hand writing; these letters were both written by the prisoner; one of them was brought by Ann Hayles < no role > ; the one that has no post mark upon it.

Q. Did you ever receive any thing from Bodkin? - A. Never; I received a parcel from Ralph Hackwood < no role > This name instance is in set 3075. ; I gave it to him again, and told him to take care of it, in a drawer in the shop, till a person called for it.

Q. Did you receive a letter at the same time? - A. Yes; but it is lost; there was nothing in it but telling me not to deliver it but to a person with a letter; Ann Hayles < no role > called for it with a letter.

Q. Look at that letter; was that the letter which Ann Hayles < no role > brought? - A. Yes.

Q. Did you deliver the parcel? - A. Yes; Hackwood and me together.

Q. Is that the hand-writing of Bodkin? - A. Yes, it is.

Mr. Knapp. Q. Have you seen his writing often? - A. I have seen him write many times.

The letter read. Addressed to Mrs. Murdock, Half-Moon-street, Piccodilly, No. 35, dated 1st Sept. 1795.

"Mrs. Murdock,"Returning many thanks for the favours you"have always shewn me upon all occasions; I"likewise acknowledge the present. In taking"taking care of the parcel, and delivering it, you" will very much oblige your's,"J. Bodkin."(Another letter shewn her.)

Q. Did you see that before or after you delivered the parcel? - A. I cannot say.

Q. Is that the prisoner's hand writing? - A. Yes.

It is read. Address. Mrs. Murdock, at No. 35, Half-Moon-street, Piccadilly. No date.

"Mrs. Murdock,"The person to whom the parcel belongs to,"as you was so kind to take into your charge, is"come to town, and I shall be additionally ob-"liged to you if you will contrive it so that she can"have it when she calls, in case of your being"out. I hope you and the children are well;"and I hope I shall soon hear of your being set-"tled, which will be a pleasure to your ever"thankful," J. < no role > Bodkin."

Q. Do you discover any thing upon that letter? - A. Only the post mark.

Q. Do you see any letters upon the post mark? - A. Yes, post paid.

Q. In consequence of these letters the parcel was delivered? - A. Yes.

Q. Did you ever see the person to whom you delivered that parcel before that time? - A. < no role > Never.

Q. < no role > Have you ever seen her since? - A. Yes, at Bow-street and Hickes's Hall.

Q. Who was that person you saw at Bow-street and Hickes's Hall? - A. Ann Hayles.

Q. Are you sure of that? - A. Yes.

Q. < no role > Look at the direction and signature of that letter (showing her another); is that his handwriting? - A. I believe it is.

Q. < no role > Are you as certain of that as the others? - A. Yes; it appears to be the same hand-writing as the others.

Q. Did that person appear before the Grand Jury to give evidence? - A. Yes, she did.

Cross-examined by Mr. Knapp. Q. I understood that this last letter, you said, you believed it to be his, from comparison with other writing of his? - A. Yes.

Q. Though you have seen him write, and having looked at this and the other letters, you are only enabled to say you believe it to be his handwriting? - A. Yes.

Q. Perhaps the whole of this letter, the body as well as the signature, is Bodkin's hand-writing? - No, I believe it is not; the signature is very much like his hand-writing.

Q. You had been in service with this prisoner? - A. Yes, three months.

Q. Had you kept up your acquaintance after that time? - A. Yes, he always behaved extremely well.

Q. You have written to each other? - A. Yes.

Q. The parcel was not directed to any body? - A. I don't know what the direction was.

Q. What it contained you don't know? - A. No.

Q. But there appeared to be a direction? - A. Yes.

FRANCIS HENRY CHRISTIAN < no role > sworn.

Examined by Mr. Knowlys. Q. Did you know a person of the name of Ann Mayles? - A. Yes; she lived two years and a quarter with me.

Q. You was called upon at Bow-street? - A. Yes.

Q. In consequence of any thing that passed, did she deliver you any thing? - A. Yes, the key of a trunk; I went with Mr. Vanx to No. 8, Angel-court, Throgmorton-street, and found the goods, exactly as she described them; a glove, and in it a watch, a cluster diamond ring, and another diamond ring in a little case; they are in Mr. Vaux's custody now.

Q. Do you know the hand-writing of the prisoner? - A. Yes; he was my servant; I have seen him write; he has given me receipts frequently.

Q. Do you believe that to be his hand-writing? - A. Yes; I believe it from seeing him write, and from seeing his writing frequently.

- VAUX sworn.

Examined by Mr. Trebeck. I know Ann Hayles < no role > , she lived servant with me: Mr. Christian called upon me on the first Monday in October, as near as I can recollect; we went together to Angel-court, to Ann Hayles < no role > lodgings; we went up stairs and opened a box of Ann Hayles < no role > , and found a gold watch and two rings.

Q. Loose, or wrapped up any thing? - A. Wrapped up in a paper.

Q. Were they wrapped up in any thing? - A. Yes, in a glove.

Q. In consequence of this, Ann Hayles < no role > was brought up to Bow-street? - A. Yes; (produces the articles.) She was brought up the next day; at which we attended.

Q. Were these things produced at Bow-street, the day after you found them? - A. They were.

Q. Do you know the prisoner? - A. Yes; I saw him at Bow-street.

Q. I believe in consequence of some good opinion you had of Ann Hayles < no role > , you were bound for her appearance? - A. Yes.

Q. Did you and Ann Hayles < no role > go to Hickes's Hall? - A. Yes.

Q. You both gave evidence before the Grand Jury? - A. We were both there.

Q. After she had been there, she returned to your house? - A. She did; she left me on the Thursday evening after the bill was found; since which time I have never seen her; she gave me a letter.

Q. Is that the letter she delivered to you? - A. Yes.

Q. Have you any doubt about it? - A. No.

Q. You were bound to appear against the prisoner at that sessions? - A. Yes.

Q. How long was it after that she went away? - A. The evening before the sessions was to commence.

Q. Did she give you any notice of leaving your house? - A. Not the least.

Q. Have you endeavoured to find her since? - A. I have taken a great deal of pains, and spent a great deal of money, but have not been able to find her.

Cross-examined by Mr. Knapp. Q. When you searched her box she was not by? - A. No.

Q. Were these things produced at Bow-street? - A. Yes; they were in the presence of Mr. Ardesois; they have been in my custody ever since; the prisoner was not at the table at the time they were produced, but he saw them while they were upon the table.

THOMAS SLEATH < no role > sworn.

Examined by Mr. Trebeck. I am one of the clerks at Bow-street; I attended at the time of the examination of the prisoner at the bar.

Q. If any thing he said was not taken down in writing, tell us what it was? - A. Mr. Bond was going to examine some persons about a parcel sent to Mrs. Murdock, with a watch and some rings; he said he would save them the trouble, and confessed that he sent them.

Court. Q. Was any thing taken in writing? - A. No.

Q. There was nothing signed by the prisoner? - A. No.

Mr. Ally. The act of parliament giving the magistrate that authority was made for the purpose of reducing to writing such observations; your Lordship, therefore, seas, that if these declarations of the prisoner are now admitted against him, he is reduced to this dilemma, this witness may swear that which only makes for the prosecution; whereas, if it was in writing, your Lordship would have had every thing, as well that which made for the prisoner as against him, inasmuch as the intention of the legislature was not pursued.

Mr. Justice Heath. This has been often overruled; and there can be no doubt at all about it; it is a principle of common law, if the justice had taken it in writing, it would have been admissible by the force of the statute; and being in writing, it is the best evidence that the nature of the case will admit of, and then the parole evidence, not taken in writing, would be admitted.

Sleath. Bodkin admitted he sent that parcel to Mrs. Murdock; and when he was asked, how he came by the parcel, he said, he kept a bird; I am not certain whether he said a black bird, or what; that going to the bottom of the garden for some worms, he found these things in his master's garden; and he said, the glove they were in was his.

Q. Are these the articles? - A. Yes.

Cross-examined by Mr. Ally. Q. Is it usual for you not to reduce examinations to writing? - A. Almost always; part of it was, but none signed by the prisoner; this is the more occurrence of the day.

Mr. Knowlys to Vaux. Q. What did you hear the prisoner say? - A. The prisoner said, he was going to the bottom of the garden for worms, and found these things; he confessed it was his glove; he confessed it without any thing having been said to him, at which I was surprised.

JOHN DIXON < no role > sworn.

I am an officer of justice; I was sent for to Mr. Ardesois's, the morning after his house was broke open; I think it was the 31st of September.

Q. Were you present when the prisoner was at Bow-street? - A. Yes; I apprehended him on the 1st of October.

Q. Were you present when these articles were produced? - A. Yes; Mr. Bond asked him what he said to that; he said, I am sorry I did not save you all this trouble before; the woman knows nothing about these articles; I gave them to her; I found them, looking for snails at the bottom of the garden; and, he said, the glove was his.

Mr. Knowlys to Ardesoif. Look at that watch; is that your's? - A Yes.

Q. It is worth 40l.? - A. More than that.

Court. (To Sleath.) Q. < no role > Was any part of the examination taken in writing? - A. Yes; several parts of it.

Produce your occurrence book. (Produces it.)

Q. Upon what occasion was this given? - A. < no role > When he was first taken the officer searched him, and this is the account he gave of the things found upon him; his first examination was on the Thursday; the next on Tuesday.

Q. Does that part you have taken down relate to any thing with which he is charged now? - A. No; that is in the information returned to the Court.

Q. Was there any examination of the prisoner taken in writing? - A. No.

Mr. Knapp. Q. If it had been taken properly, it might have been read in evidence; it not being taken properly, it cannot be read in evidence.

Mr. Trebeck to Ardesoif. Q. Are the rings your's? - A. Yes.

Q. You are quite certain about the watch? - A. Yes; I made it myself.(The letter read.)

"Dear Hayles,"It is impossible for me to express to you my"feelings; or point to you, in true colours, my"unfortunate situation; for, in the first instance,"I find myself not only confined in a dreadful"prison, incumbered with ponderous irons, but"I reflect, with terror, on the prospect which"appears before me, which is dreadful in the ex-"treme. The day, with rapid strides approaches,"that will compel me to appear before a solemn"tribunal, and shall be arranged for a crime that,"perhaps, you are the innocent cause of. Be-"lieve me, that in making that assertion, I don't"mean the smallest reflection; I am incapable of"baseness; but only to remind you of my former"assertions, that I would sacrifice my existence"for your sake. Perhaps you imagine that I"dread the event, and am fearful of conviction; - "neither, believe me, is the case, for I have al-"ready confessed my crime; but I dread, and with"horror reflect, that you are going to appear against"me; the person that I hold most dear; - that dear"Hayles! - that I never gave reason to complain,"or ever shall. You may say, perhaps, that it is"neither your wish nor inclination to do me an"injury; that you are impelled to do so by the"instructions given you by the magistrate, or by"the directions of Mr. Christian and Mr. Vaux;"I will admit the plea; but pause for a moment,"and consider that my existence is at stake; that"you, and you alone, can convict me. When"you have convicted me, you will ever after feel"a painful pang, and will then, too late, repent"that you have deprived one of his existence that"adores you. I will likewise admit, that it is"the duty of the magistrate to direct you to"appear against me, but permit me to observe to"you, that no mortal power can compel you to"act or say any thing against your interest or in-"clination; nor can I suppose that Mr. V. or Mr."C. can be instigated by any other motive than"that of justice; but yet mercy is the darling of"heaven; and when they reflect that I have con-"fessed my crime, that I am not guilty of the"crime that I am charged with, that I suffer and"do feel the most pungent contrition, I do slatter"myself with hope that they will relax in their"sentiments, and not direct you to appear against"me. I am not prepared with a counsellor or"attorney. Believe me, at the same time, that"I remain your most affectionate,"J. Bodkin."

Mr. Knapp. By a late order of Court, we are not permitted to see the indictment without your Lordship's permission, I will be very much obliged to your Lordship to let me see it now.

Mr. Justice Heath. Certainly.

Prisoner's defence. I have very little to address to your Lordship and the Jury; I am ha of hearing; but I am given to understand I am accused that there was a watch found upon me; there was no such thing; as to the letter that they say is my signature and direction, I totally deny; I have no concern whatever with the said letter, and I have got a letter of Ann Hayles < no role > 's hand-writing to that purpose; and I beg your Lordship to permit me to examine Mr. Vaux as to what passed between him and Hayles.(The prisoner handed the letter to his counsel.)

Court. He has been examined to that point.

Mr. Knapp to the prisoner. This letter cannot possibly be made evidence, and therefore cannot be read; if it could, I would certainly read it.

Evidence for the prisoner.

JAMES PRICHARD sworn.

I live in Orange-street, Leicester-square; I have known the prisoner some years, about eight; I never heard but that he was a very sober, honest young man.

GUILTY . Death . (Aged 33.)

Tried by the first Middlesex Jury, before Mr. Justice HEATH.