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<p>609. (L.) <rs type="persName" id="t17511016-55-defend411"> <interp inst="t17511016-55-defend411" type="role" value="proceedingsdefend"></interp>
James Payce <interp inst="t17511016-55-defend411" type="surname" value="Payce"></interp>
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</rs>
, was indicted for <rs id="t17511016-55-off252" type="offenceDescription"> <interp inst="t17511016-55-off252" type="offenceCategory" value="deception"></interp>
<interp inst="t17511016-55-off252" type="offenceSubcategory" value="perjury"></interp>
wilful and corrupt perjury </rs>
on the trial of <rs type="persName" id="t17511016-55-person412"> <interp inst="t17511016-55-person412" type="role" value=""></interp>
Edward Dixon <interp inst="t17511016-55-person412" type="surname" value="Dixon"></interp>
<interp inst="t17511016-55-person412" type="given" value="Edward"></interp>
<interp inst="t17511016-55-person412" type="gender" value="male"></interp>
</rs>
at the Old Bailey. ++.</p>
<p>See Number 443.</p>
<p>Note, There were three indictments against Dixon that Sessions for smuggling; that upon which he was cast was on the 8th of October, 46; the second the 13th of February following; and the third on the 11th of March.</p>
<p> <rs type="persName" id="t17511016-55-person413"> <interp inst="t17511016-55-person413" type="role" value=""></interp>
David Keaitly <interp inst="t17511016-55-person413" type="surname" value="Keaitly"></interp>
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<interp inst="t17511016-55-person413" type="gender" value="male"></interp>
</rs>
produces a copy of the record of the conviction of Dixon.</p>
<p>Mr. Walter Lee. I saw the prisoner sworn upon that trial.</p>
<p> <rs type="persName" id="t17511016-55-person414"> <interp inst="t17511016-55-person414" type="role" value=""></interp>
Thomas Gurney <interp inst="t17511016-55-person414" type="surname" value="Gurney"></interp>
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</rs>
. I attend here to take minutes, &c. I remember the trial of Dixon; and that, after the evidence for the crown had finished their part, the then prisoner said, I deny the whole of it, calling two witnesses. The first was Clayton, who called himself a butcher, and said he lived in Hanover-yard. He deposed, that Dixon was his journeyman in the year 46; that he came in June, and continued with him ten months successively, and never lay out of his house a night in that time. The other evidence was the prisoner at the bar, who deposed he knew Dixon in the year 46; that he was Clayton's journeyman; that he had used to buy his meat of Clayton, and that Dixon was the man that used to bring it home; that he used to give him a dram, and talk with him about shooting; that this was about Midsummer; that he went that year to Sturbridge fair, and also to Bristol fair, and would fain have taken Clayton with him to the last mentioned place; that after his return from Bristol, which was on the 27th of July, he went to collect his rents, where he had estates, in Northamptonshire, Warwickshire, and Buckinghamshire ; that he had at that time a mind to have taken Dixon with him, to have been his game-keeper; that Dixon was at Clayton's when he set out; and that when he returned, which was about six weeks after, he was gone.</p>
<p> <rs type="persName" id="t17511016-55-person415"> <interp inst="t17511016-55-person415" type="role" value=""></interp>
John Lion <interp inst="t17511016-55-person415" type="surname" value="Lion"></interp>
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</rs>
. I keep a publick-house. I know the prisoner very well. I live in Hanover-yard, and have for these sixteen or seventeen years. I also know <rs type="persName" id="t17511016-55-person416"> <interp inst="t17511016-55-person416" type="role" value=""></interp>
Samuel Cleyton <interp inst="t17511016-55-person416" type="surname" value="Cleyton"></interp>
<interp inst="t17511016-55-person416" type="given" value="Samuel"></interp>
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</rs>
, a butcher; he lived the next door to me in the year 46; he lived there about seven years, when he was taken up. I have dealt with him very often.</p>
<p>Q. Did you know his man servant?</p>
<p>Lion. He never had one the time he lived in Hanover-yard. He had a son and a daughter; she is about fifteen or sixteen years old. He had also a kinsman, who being sometimes out of place used to come there.</p>
<p>Q. Was his name <rs type="persName" id="t17511016-55-person417"> <interp inst="t17511016-55-person417" type="role" value=""></interp>
Edward Dixon <interp inst="t17511016-55-person417" type="surname" value="Dixon"></interp>
<interp inst="t17511016-55-person417" type="given" value="Edward"></interp>
<interp inst="t17511016-55-person417" type="gender" value="male"></interp>
</rs>
?</p>
<p>Lion. No, Sir, it is not. His business was so low, that he might have done twice as much business himself, if he had had it. I used to trade with him when his meat was good, he being a neighbour. In the year 47 I moved over against him, and I could from my house have seen every thing done in his shop. If there had been a man I am positive I must have seen him.</p>
<p>Q. Are you certain he had no servant in the year 46?</p>
<p>Lion. I am positive he had none. I was often at his door, and often in his shop, perhaps two or three times a day.</p>
<p>Cross-Examined.</p>
<p>Q. How came you to six upon the year 46?</p>
<p>Lion. I say the same of all the time he lived in Hanover-yard.</p>
<p>Q. When did he come there?</p>
<p>Lion. I believe he entered upon the house seven years ago last Michaelmas.</p>
<p>Q. Dare you venture to swear he had no servants abroad?</p>
<p>Lion. I can venture to swear he had none at home; if he had one abroad, they must also buy their meat abroad, or I should have known of him, had he come for it there.</p>
<p>Q. Was not there an old man, named Major, used to carry out meat for him?</p>
<p>Lion. Perhaps there was, for a dram or a half-penny, but no hired servant.</p>
<p>Q. Had he used to use your house?</p>
<p>Lion. As my house is opposite to his, he used to come in and smoke a pipe, and observe his shop, &c.</p>
<p>Counsel. Then you seem to have had a great opinion of him?</p>
<p>Lion. No, I cannot say I had.</p>
<p>Q. Did you know one Dixon?</p>
<p>Lion. No, I did not.</p>
<p>Q. Might he have employed one Dixon abroad, and you not know him?</p>
<p> <xptr type="pageFacsimile" doc="175110160031"></xptr>
Lion. I can't answer for what is done out of my sight.</p>
<p>Q. Have Clayton and you ever quarrelled?</p>
<p>Lion. No, never; but having heard that he had stole a pint mug at Wapping, and two silver falts, whenever he came into my house to light a pipe, which perhaps might be six or seven times a day, I used to follow him, fearing he should steal something.</p>
<p>Mrs. Lion. I live at the King's Arms in Hanover-yard. The other evidence is my husband. I know Clayton; he lived next door to us, when he first came there. He has lived there about seven years.</p>
<p>Q. Do you remember his living there in 46?</p>
<p>Mrs. Lion. I do.</p>
<p>Q. What do you remember it by?</p>
<p>Mrs. Lion. Because of our removing in 47. He had neither man nor maid as a yearly servant in his house the time he lived there; if he had had either, I am positive I should have seen them. He had not business sufficient to keep a man; he was not very well liked in the neighbourhood.</p>
<p>Q. Are his wife, son and daughter living?</p>
<p>Mrs. Lion. They are all three.</p>
<p>Cross-Examined.</p>
<p>Q. Have you been often in his shop?</p>
<p>Mrs. Lion. I used to go for meat, and to carry in beer.</p>
<p>Q. Had he never a man for a single day?</p>
<p>Mrs. Lion. I cannot say for a single day.</p>
<p>Q. Might he not have a man for two days, and you not know of it?</p>
<p>Mrs. Lion. I cannot say for that.</p>
<p>Q. Might he not for four days?</p>
<p>Mrs. Lion. I cannot tell, but if he had, I think I should have seen him sometime or other. Had he had one to lie in his house for two days, I believe I should have known it.</p>
<p> <rs type="persName" id="t17511016-55-person418"> <interp inst="t17511016-55-person418" type="role" value=""></interp>
William Payne <interp inst="t17511016-55-person418" type="surname" value="Payne"></interp>
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</rs>
. I am a distiller, and live in Oxford-road, five doors from Hanover-yard. I know Clayton; I dealt with him frequently in the year 46; he or his son would come and shew what pretty meat they had; he was dextrous in forcing people to buy of him. I was one of the Middlesex jury in July last, when Dixon was tried. I remember when he was brought to the bar, which I think was on the Wednesday, he petitioned the Court to put off his trial, pleading his witnesses were not here. Upon that he was asked what were his evidences names; he said one was Clayton, a butcher in Hanover-yard, and the other Mr. Payce, a coal-merchant. When Clayton came, he said the prisoner had lived with him ten months. I looked upon him, and was surprised I could not know the man. I go through the yard perhaps a dozen times in a week, and had I known there had been any likelihood of a truth in what they swore, I should never have agreed to brought Dixon in guilty; but I could not believe either of them. My meat was always brought home by himself, his boy, or girl, but I do not remember any maid or man-servant he had. I have since enquired in the neighbourhood, and cannot find any neighbour that knows he ever had a servant.</p>
<p> <rs type="persName" id="t17511016-55-person419"> <interp inst="t17511016-55-person419" type="role" value=""></interp>
Edward Sharpless <interp inst="t17511016-55-person419" type="surname" value="Sharpless"></interp>
<interp inst="t17511016-55-person419" type="given" value="Edward"></interp>
<interp inst="t17511016-55-person419" type="gender" value="male"></interp>
</rs>
. In the year 46 I lived in Hanover-yard. I am a linen-draper. Clayton lived almost opposite my house, so near, that I could see from behind my counter who went in and came out of his shop. I have dealt with him a little, and I never saw or heard he had a servant. He used to kill now and then a sheep, but a good family would have destroyed all the meat he ever had in his shop at one time; he never had enough to employ himself to hawk about; he has once or twice, since I knew him, killed a bullock. I am sensible he had no servant lived with him in 46; I have been in his shop, and he in mine; I have bid him go out often; he was a very impudent fellow.</p>
<p> <rs type="persName" id="t17511016-55-person420"> <interp inst="t17511016-55-person420" type="role" value=""></interp>
William Baker <interp inst="t17511016-55-person420" type="surname" value="Baker"></interp>
<interp inst="t17511016-55-person420" type="given" value="William"></interp>
<interp inst="t17511016-55-person420" type="gender" value="male"></interp>
</rs>
. I lived in Hanover-yard in 46. I am a cheesemonger. I knew Clayton when he first came into the yard, which is about six years ago. I live within two doors of him, but I do not remember he ever kept a servant since he came there. I have been in his shop perhaps once or twice a week. I have bought meat of him. I have seen him have a man for a dram, or a halfpenny, to carry out a joint. He never had much business. There was an old man with him about a twelvemonth ago; Clayton's daughter has come to our house to beg straw for him to lie upon, but he could be no hired servant; though in 46 there was no such.</p>
<p> <rs type="persName" id="t17511016-55-person421"> <interp inst="t17511016-55-person421" type="role" value=""></interp>
John Hayward <interp inst="t17511016-55-person421" type="surname" value="Hayward"></interp>
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</rs>
. I am a tallow-chandler, and live in Tottenham-court Road, within two doors of the corner of Hanover-yard, and did in the year 46, and some years before. I knew Clayton when he came there, which is upwards of six years ago; I have dealt with him, but not for a certainty. He carried on but a very little business. I never observed he had a servant; his son and daughter, and sometimes himself, carried out his meat; for they could carry out all he dressed, and three times as much. I am positive if he had<xptr type="pageFacsimile" doc="175110160032"></xptr>
had a servant, I must have known it; for he was a bragging stumping man; and if he had kept a man he would have had it up often enough. I have been in his shop perhaps two or three times a day, and never saw such a person.</p>
<p>Q. Are you sure he never had a servant for a week or a fortnight?</p>
<p>Hayward. I am very positive he never had.</p>
<p>Cross-Examined.</p>
<p>Q. Suppose he had had a smuggler for his servant, would he have boasted of him, if he was afraid, or ashamed of being seen?</p>
<p>Hayward. Sir, he would boast of his own folly, much more of another's. Had he had a felon to keep him confined, he might keep that secret; but if he was with him as a servant, he would have boasted of it.</p>
<p>Q. Are you certain he never had a servant?</p>
<p>Hayward. I am well satisfied he never had the time he lived there. I was oftener in his shop in 46 than latterly, since I heard his character.</p>
<p>For the Prisoner.</p>
<p> <rs type="persName" id="t17511016-55-person422"> <interp inst="t17511016-55-person422" type="role" value=""></interp>
Charles Here <interp inst="t17511016-55-person422" type="surname" value="Here"></interp>
<interp inst="t17511016-55-person422" type="given" value="Charles"></interp>
<interp inst="t17511016-55-person422" type="gender" value="male"></interp>
</rs>
. I did not know Dixon by name. I knew Clayton in Hanover-yard. I live in St. James's Market, in Market-lane. The first of my acquaintance with Mr. Payce was about nine years ago; through him I got acquainted with Clayton. I bought a lot of meat of Clayton in the year 46; I was not at his shop, I bought it over a mug of beer, and I remember a fellow's bringing it home. I never saw him after till the day of execution, when I took one of them to be the person that was Clayton's man at that time.</p>
<p>Cross-Examined.</p>
<p>Q. Where did you live when he brought you the meat?</p>
<p>Here. I lived in Tothill-street, Westminster.</p>
<p>Q. What time was this?</p>
<p>Here. I think it was some little time before the Lords Balmerino and Kilmarnock were beheaded. I was a grocer at that time.</p>
<p>Q. What do you follow now?</p>
<p>Here. I am of no business at present. I have an annuity by right of my wife of 16 l. a year, and I have some little matter left. I cannot say but what I did fail, and compounded with my creditors. I used frequently to see Payce at sales. When I was first acquainted with him he lived in St. Martin's Lane, where he kept a tea-warehouse, and sold stockings; after that he removed to St. Giles's High-street; then he moved into Hanover-yard ; and from thence to Duke-street, Grosvenor-square.</p>
<p>Q. Did you ever deal with Clayton after this?</p>
<p>Here. No, the meat I bought was not good.</p>
<p>Q. Was you at home when it was brought?</p>
<p>Here. I was, and then I saw the man, whom I imagined to be the man that was executed.</p>
<p>Q. Do you believe him to be the man?</p>
<p>Here. Indeed I really do believe he was the man.</p>
<p>Q. Do you remember the man that brought your next lot of meat home after this?</p>
<p>Here. I cannot say so particularly to that, because I have dealt with several of my neighbours.</p>
<p>Q. Who brought home your lot of meat last Wednesday was sevennight?</p>
<p>Here. I don't know.</p>
<p>Q. Who brought it home on Thursday last ?</p>
<p>Here. Sometimes I bring it home, sometimes my wife.</p>
<p>Q. Who brought the candles home on Thursday?</p>
<p>Here. No body brings any thing of that kind, but the baker bread, and a man my coals.</p>
<p>Q. Had you any bread of the baker last Wednesday?</p>
<p>Here. I cannot tell. I was subpoena'd upon the trial.</p>
<p>Q. How far is it from Tothill-street to Hanover-yard ?</p>
<p>Here. They are about a mile distance.</p>
<p>Q. Do you know the man's name that brought the meat home?</p>
<p>Here. No, I do not.</p>
<p>Q. What kind of a man was he?</p>
<p>Here. He was a country looking man, not so tall as myself.</p>
<p>[The court was of opinion Dixon was the tallest.]</p>
<p>Q. What meat did you buy at that time?</p>
<p>Here. There was a buttock of beef, a roasting piece, and a thick flank ; it came to 26 or 27 shillings; I paid for it in halfpence.</p>
<p>Q. Did you pick out this man going to be executed, or was you told which was Dixon?</p>
<p>Here. Several people told me it was Dixon.</p>
<p> <rs type="persName" id="t17511016-55-person423"> <interp inst="t17511016-55-person423" type="role" value=""></interp>
Samuel Sells <interp inst="t17511016-55-person423" type="surname" value="Sells"></interp>
<interp inst="t17511016-55-person423" type="given" value="Samuel"></interp>
<interp inst="t17511016-55-person423" type="gender" value="male"></interp>
</rs>
. I am a butcher, and have lived in St. James's Market about a quarter of a year; before that I lived over the water. I knew Clayton about ten years ago, and I knew him five<xptr type="pageFacsimile" doc="175110160033"></xptr>
years ago; he had not over and above much business; he had a man that carried out his meat, and I have seen him bring out meat in a tray more than once, twice, or thrice. The man he employed was a country looking, short punched person, about my height, and about thirty years of age. [Note, About the whole head shorter than Dixon.]</p>
<p>Q. Did you ever hear his name?</p>
<p>Sells. I cannot say I have. He had another man lived with him, one Major, within these two or three years.</p>
<p>Cross-Examined.</p>
<p>Q. What do you call living with him?</p>
<p>Sells. If I see a man in a butcher's shop, cracking a joint of meat, or carrying one out, I call that living with a man.</p>
<p>To his Character.</p>
<p> <rs type="persName" id="t17511016-55-person424"> <interp inst="t17511016-55-person424" type="role" value=""></interp>
George Crooks <interp inst="t17511016-55-person424" type="surname" value="Crooks"></interp>
<interp inst="t17511016-55-person424" type="given" value="George"></interp>
<interp inst="t17511016-55-person424" type="gender" value="male"></interp>
</rs>
. I deal in teas and clothes. I have known the prisoner about fifteen years. I live in Bromley-street, Holbourn.</p>
<p>Q. What is the prisoner's general character?</p>
<p>Crooks. I have no business with peoples characters.</p>
<p>Q. Tell us what you have heard as to his general character.</p>
<p>Crooks. I cannot say I ever heard any ill character of him. He has had goods of mine several times, and has always discharged himself with a great deal of honour.</p>
<p>Q. Has he a good or a bad character?</p>
<p>Crooks. I cannot say I have heard a bad one. I have heard people speak very indifferently of him, but I am not to believe all that is said.</p>
<p>Cross Examined.</p>
<p>Q. Have you heard that he has a bad character?</p>
<p>Crooks. I cannot say as to that, I have not had sufficient proofs.</p>
<p>Q. Speak out, have you, or have you not?</p>
<p>Crooks. I cannot say.</p>
<p>Q. Tell the truth, you are upon your oath.</p>
<p>Crooks. There is not a person in the world that has every body's good word, I can say no farther, you'll be so good as to excuse me.</p>
<p>The counsel for the crown had seven persons of credit to discredit the prisoner's; but not being willing to give the court any farther trouble, they were not called.</p>
<p>Q. to Payne. How old is Clayton's son ?</p>
<p>Payne. He is about 15 years of age, not quite so tall as the evidence Sells, nor so thick. In the year 1746 may be he could kill a sheep or a lamb.</p>
<p>The evidence Here says the man he took to be Dixon was not so tall as he, but in my opinion he was taller.</p>
<p> <rs id="t17511016-55-verdict253" type="verdictDescription"> <interp inst="t17511016-55-verdict253" type="verdictCategory" value="guilty"></interp>
Guilty </rs>
.</p>
<p> <rs id="t17511016-55-punish254" type="punishmentDescription"> <interp inst="t17511016-55-punish254" type="punishmentCategory" value="noPunish"></interp>
<interp inst="t17511016-55-punish254" type="punishmentSubcategory" value="sentenceRespited"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17511016-55-defend411 t17511016-55-punish254"></join>
<note>[No punishment. See summary.]</note>
</rs>
</p>
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