Star. — London, England, 1821-08-23 00:00:00

MAIDSTONE ASSIZES: DESPERATE BURGLARY. Emanuel Willis. and John Cable were indicted for a burglary in the dwelling-house of the Rev. Dr. Pig gott, at Moreworth, in the night of the 14th of May, and stealing therein a quantity of valuable coins and Medals, and other property, estimated at £250; and John Friend was indicted for receiving some of the same property, knowing it to have been stolen. The case against the prisoners was made out prin cipally by the testimony of an accomplice, named I Nathaniel Ford, who deposed, that, on the Ist of May last, he came into Kent from London, with the priso ners Willis and Cable, the first of whom he had known for twelve months, and the second for three. Wit ness was a butcher by trade. On the 6th of May, in the evening, they all came to Moreworth, and went all round Dr. Piggotes premises. They had a crow-bar and spike-bit, aid a chisel with them; they went into the farm-yard and lay clown there; they returned to London next day. They a ll a g reed to g o to Dr. pig gates on .the 14th of May ; they met in the Mile-end road, and went to the Isle of Dogs, and were joined by another man named Bell, where they crossed the river to Blackheath, and struck into the Maidstone road at Eltham, and thence they went to Moreworth, stopping at different public-houses in the way. They lurked about in a wood close to the prosecutor's house, until it was quite dark. Witness leaded two pistols, one of which he gave to Willis. They had a crow bar and three centre-bits, and phosphorus in a bottle When they got to Dr. Piggott's there were two lights in the house. Soon after the lights were put out they commenced operations. They took two panes of glass out of the area window, and a piece out of the shutter with a centre-bit. Witness put his arm in and touched the alarm-bell, which made a little noise. Ile took it off, opened the shutter, and got in. The others gave him a light, and he went round and opened the area door. Willis and Cable stopped outside to watch.— They all had crape with them. The other man, named Bell, went in with witness. They took four coats out of the hall, and then went into the kitchen,where they took one silver spoon. In the next room they took some tea spoons, and some victuals, which they ate. In another room they took some bottles out of a ham per. They then went into the library, opened several drawers, and took a quantity of gold and silver coins. pocketed them. In (he same room they took two watches and several rings. They took 30 shunts and a great many handkerchiefs in another room.— They also took dive umbrellas and two pair of pis• toli, the latter of which were thrown by cable into a pond in the garden. They then went back into the kitchen, and made bundles of what they had got. — Cable then came in, and they all ate and drank and went away. The other three put on a great coat each, it being a wet morning. They had taken candles with them. Their companion Bell had had a stick, which ireleftjuthehouse. They came back towardsWrotham. They went into a wood there, and left the great coats and some shit ts there. They put on six shirts a-piece, and each had several handkerchief,. Willis tied up the gel'l and silver articles, and carried them off.— Witivss had one watch and a ring. They then went to Nuithtlect, and ‘saited for the passage boat, which they went in ; and landed at Limehouse. They went to a Jew time about 'welt c o'clock, and sold all they had braught with them for EGO, which they divided amol.:gst dam. They kept one shirt each and two handkerchiefs. Next. day witness saw the prisoner John Friend, and on several subsequent days. They proposed to Inni to go to the wood, at Wrotham, • to fetch what they had left there; they did not tell him how they got the things, but he knew their course of lite. Ile agreed to go, and he accompa nied the rest to Wrotham, on the Friday week after the robbery. They went to CA avesend by water, and from thence to Wrotham, where they found the things and divided them. All the prisoners were appre hended at Meopham, on their rennin from Wrotham. On his truss-examination the witness said he was asked to turn King's evidence, and told it would be better fur him. lie had followed the life of a thief for a long time. He was engaged in one robbery at Belsbam, in Suffolk; one at Ottley, in Kent; one at flaylei,•ll, in Esser; and several in Essex. He had robbel two or three Churches ; the last was More worth Church ; be had first proposed this robbery. A great number of witnesses were then examined, to eolith m the accomplice in a vast number of mi nute pattieulais, which he detailed in the course of his evidence. The prosecutor's butler and coachman proved the state of the house next mottling after the robbery, which fully confirmed the story told by Ford. Dr. Piggott said, that the whole of the property Inc had lost would have amounted to £2.50 at least. The prisoner Willis declined saying anything in his defence. Cable only denied the fact respecting the handkerchiefs. Friend made no defence. No witnesses were called on the part of the prisoners. The Learned doota; then proceeded to sum up the evidence to the Jury, cautioning them to attend with great circumspection to the effect it might have upon lire case of Friend, contrasted with that of the other two prisoners, whose lives would be forfeited to the law, it the clinic charged upon them by the indict ment was proved. His IA: dship then recapitulated the whole ()I' the evidence with the greatest particu larity and recision, ao.l concluded by leaving the case euthely to the Jury, as one peculiarly within their province. Tire Jury, after five minute; deliberation, found all the prisoners Guilty. Sentence of Death was immediately passed upon the prisoners Willis and Cable, and no hope of any milder punishment was held out to them. The pri s,mer Friend was sentenced to 11 years transportation. The trial lasted from nine in the morning until half-past three in the a:ternoon. &stamen, AtHitr:T moment the melan clialy news of the death of the QUFEN was officially known at Sandwich, many of the shops were instantly partly closed ; the great hell of St. Peter tolled two hours, as did that of S. ktartholonaew, near the town. Many of the shop windows and of the inhabitants have been partly closed, and the flags on the vessels is the harbour and in the town, as well as on the Churches above-mentioned, have been kept flying half-ma:t high till this day. Yesterday, the day ap pointed for the removal of tlke corpse, the bells of St. Peter rung a dumb prat fur three hours. ADJOURNED INQUEST UPON R. HONEY. FIFTH DAY, AUGUST 32. The details of what took place on this interesing inquiry on Tuesday excited a very anxious Curiosity in the public mind yesterday to know the result. Ac cordingly, before the business of yesterday com menced, the space in front of the New Inn, Edge ware-road, was more thronged than it was on any day since the commencement. The Jury assembled at the hour appointed (two o'clock). The Coroner ar rived in about a quarter of an hour after. Alderman WAITHMAN was in the room before the hour of • meeting. As soon as the names of the Jurors were called over, The CORONER said, that he had sent a summons to Mr. Birnie yesterday, and he understood he was now here, and was willing to be examined. It was also intimated that Mr. Eman, the Adjutant of the Horse Guards, was in attendance. A Juror suggested, that as they had summoned Mr. Eman first, and Mr. Birnie only collaterally, he (Mr. Eman) should be examined first ; and for this reason—he wished to know from him (the Adjutant) under whose orders he acted, and also under whose orders Mr. Birnie acted. A message to this effect was sent to Mr. Birnie, who returned an answer, that he was wanted at the Office (at Bow-street), and would be glad to be ex ' amined immediately. The lkireman said, he was sorry for it, but they could not dispense with the previous examination of the Adjutant. It was here observed by one of the Jury, and also by Mr. HAstsos, that one of the witnesses who had been already examined was in the room. The CORONER thought it was better that no wit ness should remain in the room during the examina tion of a witness. Mr. WAITIIMAN said, that there could be no harm in his staying, and that, it was the practice of the Old Bailey that witnesses should remain. The CORONER and some of the Jury thought that in delicacy the witness ought to withdraw. The witness, (Mr. Pook), said, that he would be glad to be allowed to remain, if the Jury permitted. He was anxious to hear Mr. Birnie describe his (tile witness's) inspection of the troops. He had particular reasons for this, which he did not wish to state. A Juror (Mr. Brown) said, that he was sorry it had been noticed ; perhaps the Gentleman who suggested it did not recollect that the witness had been already examined. The other Juror—How dare you, Sir, charge me with want of recollection? Mr. WAITHMAN contended that every person who' could give evidence on a Coroner's Inquest had a right to 'demand to be heard, and to be present. By the 4th Edward V. Stat. 2. (de (ilreio Co:Owl/oils) it seas provided, " That all wounds ought to be exa mined, as to length, breadth, and deepness ; and with what weapons; :tad in what part of the body ; and how many be culpable ; and how many wounds them be ; and the Jury must hear evidence on all hands, if it be offered to them, and that upon oath ; because it • is not so much an accusation or an indictment, as :in Inquisition or Inquest of Office. - -2 11. 11. 157. v. , Sid. 90. After some further discussion, the Jury consented that the witness should remain. Mr. Thomas Eman was then called in and exa mined.-1 am Lieutenant and Adjutant of the first Regiment of Lite Guards. Coitus Ett.—Do you know anything respecting the death of R. Honey ?—No. CottoNEn.—Gentlemen, I have no other question to ask : 1 do dr see what other question we can ask this Gentleman. Juror.—flare you brought the muster-roll ?—No. Have you the muster and orderly book ?—Yes. ILIVe you any objection to produce them ?—None whatever, if you can make anything of them. The books, do not contain the stations of the troops on that day : I have the letter of the Adjutant-General to order the troop to be in readiness, and of Sir Robert Baker to have the troop go to him at Kensington ; of course it was then under his orders. The book con ' tains the names of the Office's who attended Sir Ito belt Baker on the 11th : there can be no doubt but that the troop attended Sir Robert Baker. I saw them go out, but I don't know where they went of my own knowledge. The squadron consisted of 50 men, under the command of a Captain and two sub alterns. Captain Oakes commanded. The Adjutant here produced the letter addressed by Sir Hubert Baker to the Commander of the Regi ment. It ran thus : " request that the ,squadron in Ityde Park be imme diately turned out to as,ist the Civil Power at Kensington. ten. " It. BAKEII." The witness next produced the order from Colonel Mac donald, the Deputy A djutant-t ieneral, for placing small detachments of the Guards at the several gates of Ilyde Park, to take and keep possession of them till the remains of her Majesty should pass. Witness continued, in answer to questions from the Jury.—The names of the Lieutenants who went out that morning were Terry and Gore. I cannot say where they were stationed. There were twelve men with each Lieutenant. There wete same Corporals' Guards sent out. .Juror.—You were on duty yesterday ?—Yes. You saw the witnesses inspect the troops ?—Yes, every one ; I walked with them all, and shall tell you what I observed. Juror.-1 shall ask you. You saw them stop occa sionally and look at the Officers ?—Yes, I did. Juror.—There were a good many more Officers than those whose names you have given in ?—Yes, the whole Regiment was out. Juror.—They (the witnesses) have sworn that they pointed out some persons whom they believed to have shot Honey ?—Yes, they pointed out several, and the names of all they pointed out were taken down. Juror.—l ask you, Sir, whether any of the Officers whose names you have given us were among those pointed out?-1 ask the Coroner whether this is a fair question ? CORONER.—I think it is a fair question. Witness.-1 hope I shall not be asked to do any thing which I ought not : not to mention names. The question was repeated, and the witness an swered—They were, I believe. Juror.—Yeu know it ? Witness.-1 Wok down all the names. Juror,--The only other question I have to ask you, Sir, is, whether all the witnesses pointed out the same man ?—No, by no means, nor near. The CORONER conceived this last question not to be a proper ene. By Jurors.—There was no loss of time between the admission of one witness into the barrack-yard and the dismisial of the one who preceded him. The moment one witness went away, another was ad mitted. I Declare, on my oath, that neither the Offi cers nor men changed their position in the interval between the inspection of the different witnesses. There were present yesterday 267 men, mounted, and 15 subalterns. There were others dismounted. All were present, except those who had been so mauled by the brick-bats which were flung at them, that they could not attend. One had his leg broken, and two had their swords broken. They are now extremely ill in the hospital. One soldier was so se verely wounded in the face, that it was not till yes terday that the surgeon could declare him out of danger from a lock-jaw. Every facility was given to the witnesses. They were directed to look at the right line, and then at the left; and after the civility shewn to them, I was astonished to see the infamous falsehoods inserted in the public Papers. Several of the Jurors objected to receiving evi dence with respect to any injury sustained by some of the soldiers. The CORONER held the evidence to be correct. Witness.—When I am asked whether the whole Regiment was on parade, I have a right to give rea sons for the absence of those who did not appear. Mr. HAN3ON.—The surgeon will be called before you, Gentlemen. The witness.—There were 37 men wounded on the 11th instant, five of whom were carried to the hospital. Seven horses were also wonnded. The men, when inspected yesterday, were. 1 believe, mounted , on precisely the same horses as they rode on the 14th. There were twelve men, per troop, in cloak:, for the purpose of shewing the difference between tiaise thus attired, and those who appealed in their scarlet uniforms. A Juror.—But I understood that none of the troop were to be called out except those who were on duty on the Mr. 11 A Nsorr.—No such thing was under tool, and it would have been extremely unfair. • Mr. WAITIIMAN.— Would it be possible to iden tify a felon, if you dressed up one hundred persons exactly like him? The Witness.—The Officers bad not cloaks on yes terday. Ido not know whether they had them On on the 14th. By Mr. WAITIINtaw.--I knew, in the forenoon of yesterday, that the view of the troops was to take , place at two o'clock. I knew by the letter received from the Secretary of State, that witnesses who pre sented themselves with a card were to be admitted. I do not myself know the reason why any delay took place. The Adjutant-General explained it to the Magistrate. I believe that no great delay took place. The %% itnesses were admitted, L think, at half-past two. The first witness saw the Regiment about half past three, but I cannot speak positively to the hour. The directions came from the Commander in Chief. 1 know nothing of the witnesses having been con fined for four or five hours. The inspection was over at about seven o'clock. There were 24 persons to walk up and down the line, which took up a good deal of time. I know nothing of the Jury having been rudely treated by the soldiers. Ido act know that one of them was struck by a soldier on the ince, neither am I aware that a boy was cut on the head. The witnesses were placed in a room, with a stone floor, which was thought the most convenient situa tion. They, however, complained of it, and the Offi cer en 7,etard directed that they should be indulged with lil;eity to walk into the ridinn,-house, with this testriction—that, when they came out of it, they should return to the room they were first placed in. Mr. Rlakie.—Ynu say, Sir, that you know nothing of any insult having been offered to the Jury.. Now, it is right that your superiors should know that the rights and privileges of the Jury were grossly inva ded, and that they were shamefully insulted. I re ceived a blow from a soldier on the shoulder; and another soldier, who rather stood on an eminence, struck me violently on the mouth. Had it not been for the people behind me, I must have fallen down. The Witness.—l know nothing of it : I was not pre sent. It appears to me to be an assault, and should be brought before a different tribunal. The ConoNEn.—Gentlemen, we are arguing on a point entirely .unconnected with the subject which you have been assembled to investigate. WAITIIMAN.—It is very fitting that the con duct pursued towards the Jury should be made known. The fact is, that an evident attempt was made to intimidate the witnesses. They became afraid so attend. The Foreman.—The ferocious treatment which the Jury received yesterday should certainly be cen sured as it deserves. The Witness.—You cannot censure me, as I had nothing to do with it. I think you had better keep the matter to yourselves, or else bring it before a competent tribunal. Mr. Spicer.—l perfectly agree with the witness ; and.i must say, that if we were ill-treated, we brought it on ourselves. A Juror.—How can you say that? Mr. Spicer.—l say, if we had made a proper re quest, as we ought to have done, we should not have been obstructed. A Juror.—lf you received a blow on the face, you would have been the first to complain of it. Mr. Spicer.—l was struck, but I don't fear any man ,on earth. I was present at the whole business. The Witness.—l did not see any man laugh at the persons who viewed the regiment. I will venture to! say that there was no such disho:lourable practice' resorted to, as that of concealing or disguising any' of the Officers or men by stratagem or artifice of any kind. The men went out on the 11th under the orders of the civil power. I cautioned them of that. fact. It is the constant rule to inform the men, when they go out under the civil power, to act by the direc tion of that power, and by its orders alone. , The next witness was Richard Birje, Esq. He knew nothing of his own knowledge concerning the .death of Richard Honey. He received instructions from the Under Secretary of State to go to tile Bar racks at eleven.o'clock yesterday, and there see that the witnesses'admitted by tickets frCni s thould have free access to examine the Officers red soldiers, to answer the ends of public justice. lit e order to attend at eleven was mterwards :there," te two; and he went accotdingly, eccempnnied by el. Rainsford, a Manktrate of Queene-seeare (mi ce, and then found, twin A GenZleM,Ul they called Sa ver Stick, that the Regiment could not he turned one till they had further orders from the Horse Guard and that was the sole cause of the delay, aed net en s' want of respect to the Coroner, the Jut v, or the wit. nesses. They waited till half-past four, and then si r Henry Torrens came on horseback, surprised tha t no report had been made; and said be teougbe :here must be some mistake. The Commanding Oreccr then told him ; something, and Sir Henry replied, that the delay was occasioned by his not havin g re. ceived an answer from you (the Coroner); and the Regiment was immediately ordered oat, and the Commanding Officer said, the men and Officer s we r e ' as he (the witness) had requested, mounted o n t e e : same horses which they lode on the llth ; Cu, ung Colonel Cavendish. Some of the men were cloaked. and who C u o .e lo re ne c l i C oa a k v e e d ndl o s n li tshatied,lt4hteby. we S r o e m th e e u sa e re nt e krae . a came with tickets in the usual form, but the name left blank, and those persons were refined admittance, and sent back to have their names insetted. The witnessee when admitted, were put into one and one, named Jones, who seemed to know the witness, complained that it was warm, and he (Mr. IhrMe) procured permission for them to wale in the Riding School, and in a passage next to it, a cool place, where he (Mr. llirnie) was walking, and he told them they might walk there as there nas no tcessity for their cot:tieing themselves. The wit. ntss:s were taken one by (tee inspect the men, who wine drawn up in tour rank in what they cell open order. Witness accompanied them. *Mr. Rainsford went semetimes, but nut wit ii alt. Withee.. , aw some of witnesses looking to ae rinht and lest, and, i i for the purpose it enabling ;leen in t ee y one the witness told them to leek tai the ihtle, by whi c h ! they were sure tore eh ten- one ; thislad been de scribed in some of ill.. Papers, ;ao Werto keep eyes right. Three 01 [her el the sviittesses wished fir a second inspection ; the Coanntitaiee Nicer said, that was contra: y to :.is Me:action; but Mr. Rainsford and witness ileirsted re; their bcint:alleved to do so; and die Acl' i ttruaneienceil was of their opinion, and it WAS acceded to. The wit:les-es woe told, whenever they cenJ idereity any ectsoa, to stop, aid the Commanding Or eitected the Al. jaunt to take down the names of the persons so iane titled ; aed the witnesses afterwards retired. After 1 the wine:stets had taken their view, let ;Mr. Birrae) asked the Commanding Omen, in the heeling of the witnesses, ii every man and every Otiieer was in the I same order, and on the -erne horse, as en the I.lth! and he regularly replied, Cier were, with the excel!. tion of one who was lying in the hospital, lent witli a bi ick ; this one was a private. By the Foreman.—i did not take down the names of the persuas identified. If 1 had asked the names s . of the Persons identified it would have been no evi. dente. 1 could net tell who was John Smith or Tho• mas Brown. The Adjutant took them, and he is responsible for the consequence. I knew Lieutenant Story before he was one of them. I have the names, but not •s 0 accurately to give them. Two wit nes:es fixed on one individual, and that was an 01E- , cer. I understood the purpose for which I was there was to remove from the minds of the witnesses any impression they might have that they were under I , military restraint. I was told that Lieutenant Gore was the person idereified by two of the witnesses. I can positively assert, that no examination of wit tresses too' place in the B wracks ; there was only one Police-t)fficer preseat, that was Bacon. By Mr. Sheriff \\*AMIN: N.—Many of the wit- I nesses had great doubts between two men who were much alike ; I do not know the names of those two persons ; I believe no one witness would swear posit , , tively, except the bay Alexander. Sir Henry TOO rens was anxious that every t.tcility should be adinded to the witnesses in their inspection. Colonel Bill (Silver Stick) is an Officer of the Blues. The next witness examined was Mr. Sheriff Wattle man. He said, after the interruptions which the wit. nesses yesterday met with, he might, perhaps, beim. tified in calling more witnesses, but he would not Jo so. There were, however, some witnesses still re maining who saw the soldiers, and had not bcei examined since. Perhaps it would be necessary to summon them, as they would not attend without; but he should leave that to the Jury. He had heard one report, which he had felt it his duty to mention; it had been stated to him, that there was a person pre sent st ho was ready to swear, that one of the solders on duty on the 14th, was not on parade yesterday; on the contrary, he was drinking the whole of yee cerday at this person's house. Mr. HANSON hoped this allegation would be sifted to the bottom, as he had no doubt win:ever that he should be able to repel the charge. Thomas Austia, No. 6, Dorset-street, Portman square, was then examined ; and stated, that he SO am man yesterday a:a , belonged wll t t o old th him he lsrret Regiment; that ir e was at Kensington and a Knightstnidge, and 2 ° 11 " rished his sword over the people. A Juror.—Do you know the maxis name.—! Did you ever see him before ?—Ne. nothing about him ?—No, only what he told tee himself. A Juror.—Then you know nothing; obli,-ed to you, but you know n othiug,--Witne ss . I was willing to do my country service if I coil . it? but I am ready to withdraw as , 00n as you desire CORONER.—Then you may go immediately. lineaull;eoUTnot Mr. llumtert, living at the Ilyde Park ford -street, a Royal Military Surveyor and DN'', mein, on 'half-pay, saw the man . along, but saw no soldier near him; was near we H a ot re d mu o : gate, and saw a detachment of itness Ineo euished the Officer commanding. the Onitc drawn up ; saw two or three Officers, and distill* him personally. The men were wet; and them. Ile knows the Offieees name; believes be witness to send his potter to get some be e cs r . t f `' f .. Lice Guards' u a a nd r ca s be Gore ; has known him bairn:it:nay long to b sitive his name is Gate. B Jurors.—Wituess sent his porter to r r.lzi: the beer. y He did not do this because 1:r knew die Odor. , be • shoi•id have done it for any Otlicer wit° aikeJ under si rcl; c in-A:lnce% The porter's name C:iidcr.n tie °dicer dice all tbe