<div1 type="trialAccount" id="t17871212-5"> <interp inst="t17871212-5" type="collection" value="BAILEY"></interp>
<interp inst="t17871212-5" type="uri" value="sessionsPapers/17871212"></interp>
<interp inst="t17871212-5" type="after" value="17871212"></interp>
<interp inst="t17871212-5" type="before" value="17871212"></interp>
<join result="criminalCharge" id="t17871212-5-off22-c78" targOrder="Y" targets="t17871212-5-defend88 t17871212-5-off22 t17871212-5-verdict26"></join>
<p>6. <rs type="persName" id="t17871212-5-defend88"> <interp inst="t17871212-5-defend88" type="role" value="proceedingsdefend"></interp>
JAMES LAW <interp inst="t17871212-5-defend88" type="surname" value="LAW"></interp>
<interp inst="t17871212-5-defend88" type="given" value="JAMES"></interp>
<interp inst="t17871212-5-defend88" type="gender" value="male"></interp>
</rs>
was indicted for <rs id="t17871212-5-off22" type="offenceDescription"> <interp inst="t17871212-5-off22" type="offenceCategory" value="theft"></interp>
<interp inst="t17871212-5-off22" type="offenceSubcategory" value="theftFromPlace"></interp>
feloniously stealing, on the <rs id="t17871212-5-cd23" type="crimeDate">11th day of October</rs>
<join result="offenceCrimeDate" targOrder="Y" targets="t17871212-5-off22 t17871212-5-cd23"></join>
last, one silver tankard, value 5 l. the property of <rs type="persName" id="t17871212-5-victim90"> <interp inst="t17871212-5-victim90" type="role" value="proceedingsvictim"></interp>
Samuel Jones <interp inst="t17871212-5-victim90" type="surname" value="Jones"></interp>
<interp inst="t17871212-5-victim90" type="given" value="Samuel"></interp>
<interp inst="t17871212-5-victim90" type="gender" value="male"></interp>
<join result="offenceVictim" targOrder="Y" targets="t17871212-5-off22 t17871212-5-victim90"></join>
</rs>
, in his dwelling house </rs>
.</p>
<p> <rs type="persName" id="t17871212-5-person91"> <interp inst="t17871212-5-person91" type="role" value=""></interp>
SAMUEL JONES <interp inst="t17871212-5-person91" type="surname" value="JONES"></interp>
<interp inst="t17871212-5-person91" type="given" value="SAMUEL"></interp>
<interp inst="t17871212-5-person91" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I <rs id="t17871212-5-viclabel24" type="occupation">keep the Northumberland Coffee house</rs>
<interp inst="t17871212-5-viclabel24" type="occupation" value="keep the Northumberland Coffee house"></interp>
<join result="persNameOccupation" targOrder="Y" targets="t17871212-5-victim90 t17871212-5-viclabel24"></join>
, <rs type="placeName" id="t17871212-5-crimeloc25">Charing Cross</rs>
<interp inst="t17871212-5-crimeloc25" type="placeName" value="Charing Cross"></interp>
<join result="offencePlace" targOrder="Y" targets="t17871212-5-off22 t17871212-5-crimeloc25"></join>
; about six o'clock in the afternoon I heard a gentleman speak to the waiter, and caution him about somebody in the coffee-room; and as the prisoner was going out, he stepped in the passage, and spoke to the waiter; the waiter said he observed the prisoner's pocket look very big, and he went after him; I know the prisoner went out of the house, and some words passed between me and the waiter; I desired him to pursue him, and he did, and returned in two minutes; the tankard is my property, and the prisoner is the person that the waiter pursued; he was in the coffee-room on the 11th of October, about six in the evening.</p>
<p>Mr. Knowlys, Prisoner's Councel. How far from your dwelling house is this coffee-house? - It is under the same roof with my dwelling house.</p>
<p>Who is concerned with you in carrying on your business? - Nobody but my wife.</p>
<p>Has none of your head waiters an interest with you in the business? - None at all; no partners whatever.</p>
<p> <rs type="persName" id="t17871212-5-person92"> <interp inst="t17871212-5-person92" type="role" value=""></interp>
JOHN CARNS <interp inst="t17871212-5-person92" type="surname" value="CARNS"></interp>
<interp inst="t17871212-5-person92" type="given" value="JOHN"></interp>
<interp inst="t17871212-5-person92" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am waiter at the Northumberland Coffee-house; the prisoner came in about four into the coffee-room; I did not observe him do anything; he staid till very near six; I observed him go out of the coffee-room; a gentleman called me out of the coffee-room, and apprized me if there was any plate on the side-board to remove it, in consequence of that I had my eye on the prisoner, after this till he was going out; then the gentleman said, do you know waiter, the Irish gentleman that paid for part of my wine in the coffee-room? I said no; he said nor I; he went out; I looked after him; I thought he had something<xptr type="pageFacsimile" doc="178712120013"></xptr>
in his pocket, and at the same time he ran, before he got ten yards from the coffee-room; there is a long passage; I took him directly; he was not out of my sight till I took him; he ran as hard as he could; and I followed as hard as I could; he went a little way in the street, about thirty yards, and he dropped his hat; he took no notice, that made me pursue him with more vigor.</p>
<p>Did he stop to take up his hat? - No; I was coming rather close to him; I cried murder, and stop thief, thinking that would ring in the ears of the people; just as he got to the middle of Charing Cross, near the statue, he put his right hand in his pocket, and made a rattling, and flung the tankard down in the street; I saw him do it; I ran and took up the tankard, and still pursued him with the same cry as before; just as he got very near the Spring-garden Coffee-house, a man came out and opened his arms, and took him; his name is Anderson.</p>
<p>Are you sure he is the person that was in the coffee-room at that time? - Yes.</p>
<p>Are you sure he is the person that threw down the tankard by the statue at Charing Cross? - Yes.</p>
<p> <rs type="persName" id="t17871212-5-person93"> <interp inst="t17871212-5-person93" type="role" value=""></interp>
JOSEPH ANDERSON <interp inst="t17871212-5-person93" type="surname" value="ANDERSON"></interp>
<interp inst="t17871212-5-person93" type="given" value="JOSEPH"></interp>
<interp inst="t17871212-5-person93" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I live with my brother, who keeps a shop in the neighbourhood; I saw the prisoner on the 11th of October, about six in the evening; there was a hue and cry of stop thief; I came out and saw the prisoner running without his hat, and a man was crying stop thief; I seized him directly; I am sure the prisoner is the same person; I saw the last witness Carns running after the prisoner, at the time I took him, with the tankard in his hand.</p>
<p>(The tankard produced and deposed to, marked <rs type="persName" id="t17871212-5-person94"> <interp inst="t17871212-5-person94" type="role" value=""></interp>
A. Y. <interp inst="t17871212-5-person94" type="surname" value="Y."></interp>
<interp inst="t17871212-5-person94" type="given" value="A."></interp>
<interp inst="t17871212-5-person94" type="gender" value="indeterminate"></interp>
</rs>
25. 18.)</p>
<p>Carns. This is the tankard; I have cleaned it many times.</p>
<p>Prosecutor. It is my property; it was the property of Aaron Young, who died, and left it to his wife, and she was my wife's aunt, and left it to me, and some more property; I believe the figures 25, 18, mean the ounces; but I know the tankard perfectly well.</p>
<p>Mr. Knowlys. How long Mr. Young had his tankard you do not know? - No, Sir, his widow kept the coffee-house.</p>
<p>It came to your wife as a legacy? - Yes.</p>
<p>You cannot tell what it cost at first? - No.</p>
<p>It is an old tankard? - So it shews on its face.</p>
<p>What is the lowest value you would set upon that? consider it is a capital charge. - The Gentlemen of the Jury can judge better.</p>
<p>But we are to hear your evidence? - The value I put upon it was five pounds; there is but one value for old silver, that will sell for nothing else.</p>
<p>I should be glad to know what you value it at, as it affects his life? - I should be glad to recommend him to every lenity from the Jury; I suppose it cannot be worth less than three or two pounds.</p>
<p>Perhaps, to be sure of the thing, rather than rest on supposition only, you might think it less than two pounds? - You may call it if you please one pound.</p>
<p>We must have some value from you, the law requires it? - Then value it at twenty shillings; and I recommend also to the Jury to shew every lenity.</p>
<p>Court. Old silver receives a certain value at goldsmith's shops; I suppose they would give you five shillings an ounce, or five shillings and four-pence? - I believe they would thereabouts.</p>
<p>You have not weighed it? - No.</p>
<p>Then the Jury will form their judgment how many ounces it weighs.</p>
<p>PRISONER's DEFENCE.</p>
<p>My Lord, to deny the fact would be very horrid; at the same time I leave myself entirely to your mercy; at the time the<xptr type="pageFacsimile" doc="178712120014"></xptr>
fact was committed, which my witnesses will prove, I was very much intoxicated, or else no man in the world could attempt to do a thing of the kind, to put a tankard in his pocket where there was forty or fifty people in the room; as such I leave myself entirely to your mercy; I never was guilty of such a crime before; I never was at the house before in my life.</p>
<p>Court to Prosecutor. Did you observe that the prisoner was in liquor? - I did not perceive any signs of it indeed.</p>
<p>Jury to Carns, the waiter. Did you discover any marks of intoxication at the time? - No.</p>
<p>Prisoner. I have a witness in Court, who is the keeper of Tothill-fields, who can prove that I was so much intoxicated, that I even fell out of the coach as they carried me to prison, and that I did not know I was in prison till the next day.</p>
<p>Court. I do not think that will be of any use to you; if you was to prove that you was ever so much intoxicated; because an honest man, if he was ever so drunk, would not steal.</p>
<p>Prisoner. Very just, my Lord.</p>
<p>The prisoner called three witnesses, who gave him a very good character; one of whom said he was a ship-broker.</p>
<p> <rs type="persName" id="t17871212-5-person95"> <interp inst="t17871212-5-person95" type="role" value=""></interp>
WILLIAM BRIANT <interp inst="t17871212-5-person95" type="surname" value="BRIANT"></interp>
<interp inst="t17871212-5-person95" type="given" value="WILLIAM"></interp>
<interp inst="t17871212-5-person95" type="gender" value="male"></interp>
</rs>
sworn.</p>
<p>I am deputy keeper of Tothill-fields; I received the prisoner into my custody about eleven o'clock at night.</p>
<p>Court. Was he sober? - He seemed to be intoxicated to me.</p>
<rs id="t17871212-5-verdict26" type="verdictDescription"> <interp inst="t17871212-5-verdict26" type="verdictCategory" value="guilty"></interp>
<interp inst="t17871212-5-verdict26" type="verdictSubcategory" value="withRecommendation"></interp>
<p>GUILTY, <rs id="t17871212-5-punish27" type="punishmentDescription"> <interp inst="t17871212-5-punish27" type="punishmentCategory" value="death"></interp>
<join result="defendantPunishment" targOrder="Y" targets="t17871212-5-defend88 t17871212-5-punish27"></join>
Death </rs>
.</p>
<p>He was humbly recommended to mercy by the Jury and Prosecutor.</p>
</rs>
<p>Tried by the first Middlesex Jury before Mr. Justice HEATH.</p>
</div1>

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