<div1 type="trialAccount" id="t17860531-81"> <interp inst="t17860531-81" type="collection" value="BAILEY"></interp>
<interp inst="t17860531-81" type="uri" value="sessionsPapers/17860531"></interp>
<interp inst="t17860531-81" type="after" value="17860531"></interp>
<interp inst="t17860531-81" type="before" value="17860531"></interp>
<join result="criminalCharge" id="t17860531-81-off412-c637" targOrder="Y" targets="t17860531-81-defend854 t17860531-81-off412 t17860531-81-verdict416"></join>
<p>541. <rs type="persName" id="t17860531-81-defend854"> <interp inst="t17860531-81-defend854" type="role" value="proceedingsdefend"></interp>
ROBERT BARNARD <interp inst="t17860531-81-defend854" type="surname" value="BARNARD"></interp>
<interp inst="t17860531-81-defend854" type="given" value="ROBERT"></interp>
<interp inst="t17860531-81-defend854" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17860531-81-off412" type="offenceDescription"> <interp inst="t17860531-81-off412" type="offenceCategory" value="theft"></interp>
<interp inst="t17860531-81-off412" type="offenceSubcategory" value="grandLarceny"></interp>
feloniously stealing, on the <rs id="t17860531-81-cd413" type="crimeDate">4th day of December</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17860531-81-off412 t17860531-81-cd413"></join>
last, a cloth coat, value 5 s. a waistcoat, value 2 s. 6 d. a cloth ditto, value 2 s. two shirts, value 20 s. two lawn cravats, value 5 s. the property of <rs type="persName" id="t17860531-81-victim856"> <interp inst="t17860531-81-victim856" type="role" value="proceedingsvictim"></interp>
John Hardcastle <interp inst="t17860531-81-victim856" type="surname" value="Hardcastle"></interp>
<interp inst="t17860531-81-victim856" type="given" value="John"></interp>
<interp inst="t17860531-81-victim856" type="gender" value="male"></interp>
</rs>
; and two shirts, value 20 s. and two cravats, value 5 s. and two waistcoats, value 5 s. the property of <rs type="persName" id="t17860531-81-victim858"> <interp inst="t17860531-81-victim858" type="role" value="proceedingsvictim"></interp>
William Skafe <interp inst="t17860531-81-victim858" type="surname" value="Skafe"></interp>
<interp inst="t17860531-81-victim858" type="given" value="William"></interp>
<interp inst="t17860531-81-victim858" type="gender" value="male"></interp>
</rs>
</rs>
.</p>
<p> <rs type="persName" id="t17860531-81-person859"> <interp inst="t17860531-81-person859" type="role" value=""></interp>
WILLIAM SKAFE <interp inst="t17860531-81-person859" type="surname" value="SKAFE"></interp>
<interp inst="t17860531-81-person859" type="given" value="WILLIAM"></interp>
<interp inst="t17860531-81-person859" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I live in Duke's-court; I was returning from <rs type="placeName" id="t17860531-81-crimeloc414">Tooting</rs>
<interp inst="t17860531-81-crimeloc414" type="placeName" value="Tooting"></interp>
<join result="offencePlace" targOrder="Y" targets="t17860531-81-off412 t17860531-81-crimeloc414"></join>
; the cloak bag that contained the property which I must identify, was buckled on before the post chaise, I did not miss my cloak bag till Mr. Hardcastle stopped at his own door in <rs type="placeName" id="t17860531-81-crimeloc415">Thavie's-Inn</rs>
<interp inst="t17860531-81-crimeloc415" type="placeName" value="Thavie's-Inn"></interp>
<join result="offencePlace" targOrder="Y" targets="t17860531-81-off412 t17860531-81-crimeloc415"></join>
, that was about six o'clock, it was a dark cold drizzling night; it contained the things in the indictment.</p>
<p>(Deposed to.)</p>
<p> <rs type="persName" id="t17860531-81-person860"> <interp inst="t17860531-81-person860" type="role" value=""></interp>
SAMUEL ROBINSON <interp inst="t17860531-81-person860" type="surname" value="ROBINSON"></interp>
<interp inst="t17860531-81-person860" type="given" value="SAMUEL"></interp>
<interp inst="t17860531-81-person860" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am constable and beadle of St. Sepulchres;<xptr type="pageFacsimile" doc="178605310091"></xptr>
on the 4th of December I was fetched out of bed near seven; I received information that some bundles were gone into a house in Fleet-lane, when I came there, Mr. Scott, Mr. Wilson, and Mr. Graham had got a parcel of linen looking over, they are here; they have been in my custody ever since, I spoke to Watkins, but I was dubious about taking him up.</p>
<p>Mr. Garrow, prisoner's counsel. Did you see the people that were with Mrs. Watkins at the time? - No, I only saw in the house the second time, Mr. Watkins, and the property, the parties were gone; I have seen the prisoner several times before and since the 4th of December; I believe his father lived next door to Watkins; I have told Scott and Graham that I believed I had seen the prisoner since December last.</p>
<p>How long have you known Mr. Scott? - Some time.</p>
<p>Did you ever know any good of him? - I never knew any harm of him.</p>
<p>Do you believe him a man to be believed upon his oath? - Upon my oath, I do not know to the contrary.</p>
<p>Is not he the man that proclaimed war against the French? - I heard so.</p>
<p>Have you ever had the misfortune to hear Scott examined upon his oath? - No, Sir.</p>
<p> <rs type="persName" id="t17860531-81-person861"> <interp inst="t17860531-81-person861" type="role" value=""></interp>
ALEXANDER SCOTT <interp inst="t17860531-81-person861" type="surname" value="SCOTT"></interp>
<interp inst="t17860531-81-person861" type="given" value="ALEXANDER"></interp>
<interp inst="t17860531-81-person861" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am engine keeper of St. Andrew Holborn, and live in Union-court; about half after six, on the 4th of December last, which was on Sunday evening, I had information, and I went to Watkins's; I knocked at the door and went backwards, I heard a hustling, and I looked into the shop, and in the back part of the shop, there is a kind of a little parlour, there I saw the prisoner sitting on the side of Mrs. Watkins, and there was another man; then I saw the prisoner lay hold of these clothes in his hands, and he held them up to Mrs. Watkins, says she, that will do very well, put that down; then he handed up a shirt, she said, that will do very well, put that down.</p>
<p>Could they see you at the time? - I do not know that they did, I was in the dark, in the shop, and the room was light where they were; Watkins was gone, I do not know where; then I ran into the room; and I laid hold of the prisoner by the collar; says I, and you will do very well; when I got hold of him the other rushed out, he slipped out of my hand; I then underneath the table found these things, I tied them up and gave them to Roberts.</p>
<p>Mr. Garrow. Well Master Scott, are we to have war or peace with France? - That is neither here nor there.</p>
<p>They sent you to the compter? - Yes.</p>
<p>Mr. Watkins opened the door for you? - Yes, in a moment.</p>
<p>How is this shop parted from the parlour? - Close together, only the window.</p>
<p>You went there to search for some scarlet cloth? - Yes.</p>
<p>So Mrs. Watkins and the prisoner went on deliberately? - Quite quietly.</p>
<p>The scarlet cloth was in the house at the time? - Not to my knowledge.</p>
<p>How many minutes might you be in the shop looking in the parlour? - About three minutes.</p>
<p>How did the prisoner escape? - How do I know, out at the front door, Mr. Graham was behind me, and he knocked Mr. Wilkins aside, who was at the door, and they both got away.</p>
<p>Why is not Mr. Wilkins here? - I do not know.</p>
<p>Was he here on the trial of Watkins? - I cannot tell you, I am short of memory at this present time.</p>
<p>Now I will brush up your memory, do you believe he was not here and examined? - I believe he was.</p>
<p>Have the goodness to tell those gentlemen, who are to decide on this man's case, and your oath, why this Wilkins was not here to day? - I do not know, I was subpoened.</p>
<p>Mr. Hardcastle. I subpoened him because I thought he would not come.</p>
<p>Scott. I was offered ten pounds to screen<xptr type="pageFacsimile" doc="178605310092"></xptr>
up the matter, and not to bring the thing into question.</p>
<p>Mr. Garrow to Scott. Do not you know Mr. Wilkins is not here, because he would say that the prisoner at the bar was not the man? - How do I know that.</p>
<p>Upon your oath, have you not heard Wilkins say so? - He was in the street, and it was dark.</p>
<p>Was you sworn? - Yes.</p>
<p>Upon your oath, have you never heard Watkins say that the prisoner was not the man that was in Watkins's house? - I know nothing at all about it; I cannot say, indeed.</p>
<p>But you shall say, one way or the other? - I never heard him say so.</p>
<p>Where did this man live? - I do not know.</p>
<p>Do not you know he lived with his father in Fleet-lane? - I do not know.</p>
<p>Do not you believe it? - I do not know.</p>
<p>Do not you believe it? - I do not know it.</p>
<p>Where did his father live? - I heard, after he was taken up, that he lived in Fleet-lane.</p>
<p>Then, do not you know now, that this man lived with his father, next door to Watkins? - I do not know that this man's father lived next door to Watkins, ever since this affair; I do not know it, nor do I believe it, upon my soul; I tell you the truth; it may be so.</p>
<p> <rs type="persName" id="t17860531-81-person862"> <interp inst="t17860531-81-person862" type="role" value=""></interp>
DANIEL GRAHAM <interp inst="t17860531-81-person862" type="surname" value="GRAHAM"></interp>
<interp inst="t17860531-81-person862" type="given" value="DANIEL"></interp>
<interp inst="t17860531-81-person862" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>On Sunday night, the 4th of December, I went to Mr. Roberts, and gave information of these things carrying in, of this red cloth to Mr. Watkins's; I did not see the prisoner go in with any thing, as I know of; I told Mr. Scott to come along with me; Scott knock ed at the door, Watkins came to the door himself; I asked, what goods went in there; Watkins said, there was no goods; immediately, Mr. Scott came in; I followed him, and went backwards; there is a little room; the prisoner was sorting out some wearing apparel with Mrs. Watkins; I am sure I saw the prisoner there; there was a candle in the back room; Scott said, this will do; and immediately the prisoner brushed out, and gave Scott a swing round; he turned round, and I saw his face; he run out; Mr. Wilkins ran out, but could not catch him; the things were upon the table when Scott came in, and saw them chucked down.</p>
<p>Mr. Garrow. How many minutes did you wait at the door? - About a minute; three or four knocks, and the door was opened; Scott knocked pretty softly, the door was opened, there were two or three bolts undone; I heard Mrs. Watkins saying, that will do; I heard no further, I heard it but once, that was before the things were put under the table; I was close to Scott.</p>
<p>If she had said any thing else, you would have heard it? - May be not so soon.</p>
<p>Did you hear her say, that will do very well, I will give you three guineas and an half for it? - No.</p>
<p>Did you know that young man? - Yes, very well; after we were out, I said that is Barney; in the evening, I said so to Roberts and Mr. Wilkins, and Mr. Scott and Mr. Singleton.</p>
<p>Was you a witness on the trial of Mrs. Watkins? - Yes.</p>
<p>Where did Barney's father live? - I believe, in Fleet-lane.</p>
<p>When did you see Mr. Wilkins? - I saw him to day in St. Paul's church-yard; I told him I was coming here, about Barney; he said he was not subpoened, and the children kept him away.</p>
<p>Do you know <rs type="persName" id="t17860531-81-person863"> <interp inst="t17860531-81-person863" type="role" value=""></interp>
John Manby <interp inst="t17860531-81-person863" type="surname" value="Manby"></interp>
<interp inst="t17860531-81-person863" type="given" value="John"></interp>
<interp inst="t17860531-81-person863" type="gender" value="male"></interp>
</rs>
? - Yes, by sight; he lodges in Watkins's house.</p>
<p>Prisoner. I leave it to my counsel.</p>
<p> <rs type="persName" id="t17860531-81-person864"> <interp inst="t17860531-81-person864" type="role" value=""></interp>
JOHN MANBY <interp inst="t17860531-81-person864" type="surname" value="MANBY"></interp>
<interp inst="t17860531-81-person864" type="given" value="JOHN"></interp>
<interp inst="t17860531-81-person864" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I live in Fleet-lane, and was a lodger at Watkins's house in December last, and am now; I am a butcher in the market.</p>
<p>Do you recollect the night when the officers, Mr. Scott and the rest of them, came about some scarlet cloth? - Yes.</p>
<p>Did you see them? - Oh, yes, yes; I<xptr type="pageFacsimile" doc="178605310093"></xptr>
saw Scott and Graham, and Wilkins; I do not remember Roberts.</p>
<p>Had you any talk with Scott about the people that were below stairs? - The first thing that Scott said to me, was, Manby, I charge you to aid and assist, and mind these things.</p>
<p>What things were those? - They were a coat and waistcoat, and such things as these; accordingly, I did so; then Scott says to me, says he, Manby, do you know any of those parties that were in the house? no, says I; says he, can you describe either of the parties, or tell either of their names?</p>
<p>What parties was he speaking of at this time? - He did not speak of any parties particularly; it was those people that he found with Mrs. Wilkins; I told him it was out of my power to do any thing of the kind, for I was up two pair of stairs; says he, if you can describe either of the parties, or tell ever a name, by G - d I will give you ten guineas.</p>
<p>That was Mr. Scott? - Yes; he knows me very well, and has done for many years.</p>
<p>Did not Scott tell you, that he knew the person that was below stairs, was <rs type="persName" id="t17860531-81-person865"> <interp inst="t17860531-81-person865" type="role" value=""></interp>
Ned Barney <interp inst="t17860531-81-person865" type="surname" value="Barney"></interp>
<interp inst="t17860531-81-person865" type="given" value="Ned"></interp>
<interp inst="t17860531-81-person865" type="gender" value="male"></interp>
</rs>
? - No; he said to Graham, Graham, should you know either of them? to which Graham said, no; should you know them, Scott? no, says Scott, they turned me round like a top, and were gone in a minute, by G - d.</p>
<p>How near did Barney live to them? - The next door.</p>
<p>Did Scott know Barney at that time, think you? - Yes, as well as he knows me; I have seen Scott go by him a hundred times; he has soled and heeled shoes for me since.</p>
<p>Court. It seems to me not to be a case that you can convict the prisoner upon.</p>
<p>Jury. My Lord, we are very well satisfied.</p>
<p> <rs id="t17860531-81-verdict416" type="verdictDescription"> <interp inst="t17860531-81-verdict416" type="verdictCategory" value="notGuilty"></interp>
NOT GUILTY </rs>
.</p>
<p>Tried by the London Jury before Mr. Justice WILLES.</p>
</div1>

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