31. WILLIAM BENTON proceedingsdefend was indicted for feloniously stealing, on the 13th of September , a wooden box, value 12 d. four silver dishes, value 10 l. two silver water plates, value 4 l. two silver bowls, value 5 l. a silver cheese toaster, value 3 l. a silver saucepan and cover, value 40 s. three gold and silver hookers and tops, value 10 s. three hooker snakes, value 10 s. the property of Dame Susannah Coote proceedingsvictim , and one silver tankard, value 3 l. the property of the Reverend Westroe Hulse proceedingsvictim , in a certain ship called the Bellamont, in the navigable river of Thames : and GEORGE GREEN proceedingsdefend was indicted for feloniously receiving on the 30th of October last, part of the said goods, knowing them to have been stolen .

The Case opened by Mr. Fielding.

GABRIEL DAUETON < no role > sworn.

I was Aid-de-camp to Sir Eyre Coote, and after his death I came home with Lady Coote; some time in the month of November, I went into the city to a silversmith's shop, and from thence I went to one Benjamin < no role > a Jew; I did not go in, but in consequence of something that passed there, I went to Sir Sampson Wright's, and I went to Mr. Godbehere's, there I saw a silver tankard on the counter, which I knew; in consequence of that, I went to Sir Sampson Wright's the next morning.

What silver tankard was that? - It was a silver tankard, that had been used in India.

When you went to the prisoner Benton's, what passed? - He was a gunner on board, I did not myself go in, till the officers had secured them; I went in at last and saw the prisoner, and asked him what had become of the small box of Lady Coote's plate, he first said, he knew nothing of the matter, we then told him we had seen the Jew, who had a commission for the sale of it; that he said, he had received the plate, and we had seen him, and therefore he had better own it.

Be accurate to the exact words you made use of? - We told him he had better own it, or tell who was concerned with him; at the house of the prisoner, there was a piece of a handle of a saucepan found, but I do not know that it was part of that plate.

Have you been able to see any part of the plate? - I saw a small tankard, the silver hookers were found.

Mr. Garrow, Council for Benton. What was your department? - Aid-de-camp.

Had you packed the plate yourself? - I had not, there were several packages of plate, services of plate, but these were put in a small box.

Is the tankard here? - Yes.

Do you happen to know what metal it is? - It is silver, I believe, it is India made, and there may probably be some good, some bad silver.

Jury. It is not so good as the sterling plate in this country.

SAMUEL DE SILVA < no role > sworn.

Are you a Christian? - Yes.

Mr. Garrow. Where was you baptized? - At Madrass.

At what age? - At eight days old.

Mr. Fielding. Yes understand yourself to be a christian? - Yes.

You profess the Christian Religion < no role > as far as you know it; you know the nature of an oath? - Yes.

Did you see this box? - Yes.

Was there any particular mark upon it, writing or any thing else? - Yes, it is the box which I marked.

What did that box contain at Madrass? - There were some silver plate put into that box, there were two bowls, one small bowl and a big one, and four dishes, and two water-plates, and one cheese toaster, a saucepan, and a little mug, which I put in myself; I do not know who the little mug belonged to, I packed it up myself, I saw it lodged on board the Bellamont, East-Indiaman.

What do you think is the value accord-to your idea? - I cannot say.

Were they above the value of forty shillings? - I cannot say, there were four silver dishes, and this little mug, I understood they were Lady Coote's property.

Mr. Garrow. You came home in the Belmont? - Yes.

How long were you on your voyage? - I think from Madrass to St. Helena, was twelve weeks, and home eleven weeks, I speak from memory, I did not pack all the other chests, that chest is here, I did not make any inventory of the things contained in the small chest; I speak of them from my memory, at the distance of many months; this box was packed the last.

Who packed the other chests? - The other chest was packed by Mr. Hulse, I attended them to the ship, the second mate attended them to the ship, they did not go with the small box, I carried this box myself on board the Bellmont; I had not a note for that small box, it was all delivered in the ship, then I think it was in the care of the officers.

But it never was delivered in the way the chests were delivered, taking a note, or receipt for it? - No, I had not a particular receipt for this box but I had a receipt for all the things coming safe on board, and this box amongst them. The things I carried on board, I had a receipt for and the things I carried after and the box, I had a receipt for too; I am sure of that, I remembered this box, I wrote myself, Lady Coote, and I put the number on this part of the box, I did not mention that there was silver plate in it, I only mentioned such a number this is the box that contained the four dishes and the mug.

PHILIP ATKINS < no role > sworn.

I am a waterman; I know both the prisoners, I have seen them on board the Bellamont Indiaman; on the 13th of September, I was employed by the prisoner Benton, he came to me about the latter part, and said he had a box of Charots, they are like segars, to put on shore, he asked us when we could come for them, I said at night, he told us to come for it to the gun room port, and he gave me his box out, he said it is a box of china, and I took it out of his arms, into my arms, says I, hand in the other things, says he, go along to shore directly with that box, I carried it to our own house for safety, and I never saw any more of him from that time to this, he told me immediately to go on shore, and I had no conversation concerning it, I suppose it was kept at Trippar's house for three weeks, Trippar is my brother waterman, no application was made for it during that time.

Do you know Green? - Yes.

Did he ever apply at the house for that box to your knowledge? - No.

Mr. Silvester, Council for Green. Green was a seaman on board the Bellamont, was not he? - Yes.

What was your demand for carrying this box on shore? - We could not tell.

Does it happen frequently in this trade, that you are engaged in those things that are called charot's, and those for whom you smuggle, often cheat you? - Yes, often, we always like to see the inside.

You are paid according to the value of the thing smuggled? - Yes, according to what they are.

You are never surprized when the box is opened, at the value being more than you expected? - No.

Seven o'clock is as good a time for smuggling as any? - Yes, Sir, just the dusk in the evening.

Did you never name any price you thought this box would come to? - No.

Did you never say that you ought to be paid eleven pounds? - At the proper value, it would be a shilling an ounce, but they told us it was china.

I believe that India made plate is contraband? - I cannot tell that.

I believe you smuggled some liquors for the prisoner Benton? - Yes, Sir.

Those you were paid for? - Yes.

Mr. Fielding. If you had known it to be plate, you would have taken it as the property of the gunner? - Yes.

JOHN TRIPPAR < no role > sworn.

I am a waterman; I was engaged with Atkins to go on board the Belmont Indiaman, I received that box at that time, I did not know the contents, he told us it was charots or segars, it staid about three weeks in our house as nigh as I can guess; Green applied to our house for the box, he came down in company with one J. Smith, he was carpenter of the same ship, he said he came for the box, I asked him if it was for the box of china, and asked him to come in, he said it was not china, when he came in doors I asked him for the key, he said he had not the key, but the lock was good for nothing, he desired me to bring him a hammer, and I fetched him a hammer, he opened the box, and there was four dishes, two of them reached from side to side of the box, and two smaller, and there were two water plates and a cheese toaster, a saucepan, with a wooden handle, and cover, a three pint bowl and a pint bason, and a pint mug with a flat cover, the mug was remarkable, I think I should know the the mug again, if I was to see it.

How much do you think that mug might be worth? - I suppose it might weigh about five ounces, I do not know the value, the larger things were tied up in two handkerchiefs, and the smaller things Green put into his pocket; Smith said at that time he had come from Benton for the things.

Mr. Silvester. They were carried openly in handkerchiefs, were not they? - Yes, openly and publicly, in the middle of the day.

CHARLES SMITH < no role > sworn.

I am a waterman at Blackwall, I was at a public house, the Britannia, with Green; he intimated to me there was some plate at Benton's, at Poplar, to dispose of, this was the eleventh of last month, at the same time I saw David Benjamin < no role > on horseback, I says to Green, no doubt here is a man that will purchase it.

Did you call Benjamin in? - I went to the door, and spoke to him on horseback, he did not come off his horse, Green was not present.

Did Green and Benjamin enter into any kind of treaty? - They never spoke to one another.

DAVID BENJAMIN < no role > sworn.

Do you know the prisoners, or either of them? - I was at the Britannia, and one Wood called to me, and asked me if I bought silver, I told him no, it was a thing I did not buy, but if I could get any thing by it, I would either sell or buy, he gave me directions to Benton's house, somewhere in Poplar, and I went to Benton's house, and asked to see the silver, he told me I could not then, for there was another party concerned, I appointed to be down there on the Thursday, which I think was the 16th; I could not go till the 17th, I then saw a person that was there, which was Green the prisoner at the bar, then we were all in company together, then Benton asked Green, if he was agreeable to let me have a sample, or something of the kind, and Green said all that Mr. Benton did was right, and went away; I then asked Benton for a sample, and he gave me some plate, which I took to Mr. Rutherford.

When did you see any more of Benton and the plate? - I went to him in the afternoon, and I told him I thought I could sell the plate, to a silversmith in Leadenhall-street, and I would call upon him with a chaise, and he should go with me, and I would be with him about nine, or half after, I called upon him, and he put up the four dishes, a mug, and a tankard, we went to town, and baited at my father's; in the mean time I put it in a handkerchief, and took it under my arm to Mr. Godbehere's, a silversmith, in Cheapside.

How much did you get in the whole for this? - Eighty one pounds, three shillings, and ten pence.

Did you pay this money to Benton? - I was to pay him seventy pounds for it, I got ten pounds by it.

Do you remember a tankard there? - I believe there was, it looked like one, it was all battered and bruised.

Mr. Garrow. What is the value of that mug? - I do not know, I am not a dealer in plate.

This is the first adventure you have made in that way, upon your oath? - Yes, it is, upon my oath, and the first that I have sold by commission in this way.

Who instructed you in the price you was to have in this way by commission? - No person instructed me, I did not take it at a venture, when I came to settle with Mr. Benton, I paid him up the account, which he was agreeable to, and I got that by it.

You memory does not keep pace with your ingenuity at all, because you told my friend just now, that you received eighty-one pounds; upon your oath, did you tell Benton that you received eighty one-pounds? - No I did not, I told him I should expect to get something, if I sold it for him.

Did you tell him what that something was? - No.

Then you handed over seventy pounds, and told him you got a trifle by him, as you did before; what was the value of that tankard? - I cannot tell.

Where do you live? - No. 11, Artillery-lane, Bishopgate-street.

For what purpose is it that you keep the crucible on the fire? - I do not understand you.

Court to Silva. Had this plate Sir Eyre Coote's arms upon it? - I do not know, I remember the water plates-and dishes had, the coat of arms upon it, and the collar as a knight of the Bath.

Court. Did not that strike you Mr. Benjamin? - There was neither mark nor stamp on the silver, there was no initials, it was all plain on my oath.

Court to Silva. Are you sure the arms were there when you packed them? - I cannot be sure.

SAMUEL GODBEHERE < no role > sworn.

I keep a silversmith's shop, No. 86. Cheapside, I remember Benjamin applying to me to dispose of plate, I shall be able to tell you the day by referring to my books, it was on the 18th of November, he brought some plate into the shop, he said that was to be disposed of, I asked him if it was his, he said no, he had brought it from the gunner of the Bellamont Indiaman.

What were the articles of the plate which he produced? - They were two large and two small dishes, two water plates, a cheese-toaster, a saucepan, a cover and a mug.

What were the value of these articles, they weighed three hundred and twenty-seven ounces and a half, for which I paid 81 l. 3 s. 10 s.

Court. Had these plates and dishes Sir Eyre Coote's collar and coat of arms upon them? - Not a mark upon them.

I ask that for your justification. - If it had been English plate, and had had no arms on it, I should certainly have acted otherwise; but as it was foreign plate, and the property of a gunner, whose name and place of abode I had, and he left it me to make an assay, there were several gentlemen in the shop, all the men saw it, here is a mug, it is about the same quality as Spanish dollars.

There was a saucepan? - Yes.

Had that saucepan any handle? - It had not, I was applied to by Rutherford, and I never rested till I found it out.

Mr. Garrow. Is this mug in such a state to pass at Goldsmith's hall? - It is most certainly plate, but not having passed, it cannot be called what we deem sterling; would not venture to send it to the hall without making a separate assay.

Now considering it as old plate, and not sterling, do not you think you have over valued it? - I and my clerk made an assay of the whole, and I think the dishes were worse.

But you have not assayed the mug? - No, therefore I cannot tell whether it is worse or better.

There is some solder about the mug? - Yes, there is very little solder in it.

Court. At what value did you estimate it? - I should guess it at the present price of dollars, which go at four shillings and eleven pence halfpenny per ounce at present, I fancy it is about fifteen ounces, value 3 l. 15 s.

(The mug shewn to Mr. Doveston, and deposed to by him.)

Mr. Garrow. Do you mean it was used in the family, or as exclusive property? - As exclusive property.

Mr. Fielding to Silva. Have you seen this mug? - Yes.

Was that the mug you put into the case? - Yes, it was Mr. Hulse's.

EDWARD WOOD < no role > sworn.

I keep the Britannia public-house adjoining to the water, the prisoner Benton left a parcel of plate at my house.

What was left at your house? - Four articles which appeared to me to be such plate as I have seen come from the East-Indies, they were left about three weeks.

- MACMANUS sworn.

I produce the things that were left at the house of Mr. Wood.

Mr. Wood. They are the things that were left by Benton.

Mr. Garrow. You are acquainted with this business? - In the first part of my life I served my time to the water, and have brought many a chest on shore.

When persons come home from India, they intrust the running their goods to the inferior officers of the ship? - Yes, and they apply to the watermen, and they are paid according to their value.

These hookers are common things? - I suppose they are thought no more of there, than copper is here.

PATRICK MACMANUS < no role > sworn.

I went to apprehend Benton at his house on the 20th of last month, and I found him at home, Carpmeal and I went into the house first, and left the other gentlemen that were with us; we told him our business, he said he knew nothing at all of the matter, then Mr. Carpmeal opened the door and came in, and when the gentlemen that went with me that belonged to Lady Coote came in, they spoke together, and shewed Benton the warrant, we searched, he said there was nothing; we first searched down in the kitchen, then one pair of stairs, and in a closet in the one pair of stairs I found this handle of a saucepan, I came down and shewed it, he said he knew nothing of it, we found nothing but that; upon his own person there was money and notes found.

Mr. Garrow. Do you know this honest dealer in Spanish wool, Mr. Benjamin? - Yes, I know him.

- CARPMEAL sworn.

I went with Macmanus, I searched his pocket and found eleven guineas and three twenty pound notes, he opened his pocket book himself, and I found this paper, an account of silver, and a card of Mr. Benjamin's address in his pocket, there were several of them in his pocket.

Mr. Fielding to Benjamin. Do you know this paper? - Yes.

Did you give those to Benton? - Yes.

Mr. Garrow. Are they your writing, friend? - Yes.

Let me look at them then, for any manuscript of yours must be curious, what is this? - It is the weight of the silver as he desired, the other is the value.

Mr. Doveton. The hookers are very common things in India, it is impossible to swear to them.

Prisoner Benton. I leave my case to my Lord and the Gentlemen of the Jury.

WILLIAM DICK GAMAGE < no role > sworn.

I am captain of the Belmont East-Indiaman, I know the prisoner Benton, I did not think I had two honester men in my ship than the prisoners at the bar.

And that is the estimation of all those that know them? - Yes, I have trusted a great deal of property to these men, and never missed any thing, they might have robbed me of twenty thousand pounds.

JOHN BEVAN < no role > This name instance is in set 1523. sworn.

I was chief mate of the Belmont, and have known Benton upwards of two years; during the whole time that I sailed with him I looked upon him to be a perfect honest man, as far as my duty and his were connected; he had very great charges under his care, in all which he conducted himself with propriety in every respect.

CHARLES LINDEGREEN < no role > sworn.

I was the second mate of the Belmont, I knew Benton during the last voyage, he bore a very high character on board the ship as an officer, and for his honesty.

GALPIN BAXTER sworn.

I am a stationer in Leadenhall-street, I have supplied Benton with goods occasionally, I have known him three years, he is a very honest man; I have credited both the prisoners, and they have paid me their different bonds and bills off with great honesty since they came home.

- WILSON sworn.

I am clerk to Mr. Baron Eyre < no role > , I have known Benton six years, he has a very good character indeed; the Baron instructed me to say that he entertained a very high opinion of him.

DOROTHY FARR < no role > sworn.

He served as apprentice with my spouse, and was servant to us eleven years and better; when his master died we had a great deal of charge, I never knew him wrong us of a halfpenny in his life, he was very honest and sober; I never heard him swear, nor saw him in liquor, I would have trusted him with a hundred pounds of my own.

WILLIAM BENTON < no role > GUILTY , DEATH .

In consideration of his character, he was humbly recommended to mercy by the Jury.

GEORGE GREEN < no role > , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM < no role > .

Prisoner Benton. Ask the officers of the ship whether they ever saw the box on board.

Mr. Lindegreen. I do not remember this box coming, it never came under the idea of plate, it might come into the ship, but I never gave a receipt for it, nor I never knew it was in the ship.

Mr. Doveton. My Lord, my Lady Coote ordered me in a particular manner to recommend the prisoner to mercy, as he bore a very good character before.