The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-11 00:00:00

MIDDLESEX SESSIONS, CtgazutisLa,
Tugs')Ar, SIIPTILUiIIt 10.

THE CASE OF THOMAS JAY, ONE OF HIS
MAJ MTV's POSTILLIONS.

CHARGE OF CONSPIRACY.

Thomas Gook, a parish constable; Jones Har-
rison, formerly a constable; and jobs t onsell,
were indicted for si conspiracy, in falsely charging
Thomas Jay with stealing a watch from a paysao
unknown, on the King'. highway., en the IS+ of
May last, on which charge he was tried and acsjoit.
ted at the Old Bailey Sessions.
Mr. ALLEY stared the case for the prosecution.
He sa.d that Thomas Jay was, on the 15.11 of May
last, in the service of his Majesty as,is postilliaia ;
that nit the reciting of that day hiadarsly hntionred
Drury...blue theatre with Its presence. The WI.
vices of Jay were not required on that occasion ;
but when his Majesty's c.rrisge passed the King's
Mews about seven o'clock, he and some of his fel-
low-servants followed the carriage to Drury-Noe
theatre, opposite which Jay remained with the other
domestics of his Majesty until he left the theatre.
Immediately after Jay had assisted the other ser-
vants in setting the carriages of his M •esty off, he
was seized by the Defendauts, drape into a pub-
lic-house iii Bow-street, arid searched b_ them, and
nothing found on him except his own pocket-hand-
A
kerchief, one crown, one half crown, and • small
key. He was then Laken by the Defendants before
Sir Richard brine, at Bow.street office, where Ibis
Defendants swore they had been watching the Mi.
loner for four hours, and they saw hint try the poc.
keta of twenty gentlemen; that they bad him onto
iu custody before during the night and that he had
got swat from them, and just us his Majesty's car-
riage left the theatre they saw him take from a gen-
dense* his watch ; that they apprised the gentleman
of it, and he sold that Jay had not got it, as it was
secured by a guard or chain. They took Jay into
custody, and told the gentleman to follow them,
but by some mistake, or the pressure of the Crowd.
the gentleman was prevented from following them
into the public-house. The consequence was, that
Jay was committed to take his trial, mid was
acivally tried at the. Old Bailey and acqoitted. If
he (the Learned COutosel) was properly instructed,
he would prove that 'the charge against Jay was
wholly unfounded, and that it was impossible that
the Defendants could have spoken the truth, mid
when he had done so, he had no doubt but the
Jury would return a verdict of guilty against the
Defendants.
Thomas Jay, • smart looking lad, about eigh-
teen yours of 'bre, was then sworn. lie stated that
he had been about eighteen months in his Majesty's
service as • povidlion ; on the evening of the 15th
of May his Majesty went to Drury-lane theatre
at about half-putt seven o'clock he and one of his
fellow-servants, of the name of James Stailha left
the King's Mews together, end followed his Ma-
jesty's cerriage, he was the whole of the evening
afterwards talking to one or the other of his fellow-
serirants; rtef sits dressed in the undress livery of hie-
Majesty. part of the. time he sat on the coach-box
with his Majesty's coachman; about ten o'clock be
had a plate of cold, ham mid some porter from a
public-house; Samuel Berwick, another imatillion.
was with him ; he was in waiting that night; they
took their refreshment on the pavement; when the
King was going away. Berwick went to his post.
and he (Jay) went to vision in beariog up theborres;
immediately on the carriage being gone. the De-
fendant Gook laid hold of him, sod forced him
into the Bunch of Grapes public-house in Bow-
street; Gook said he had .been picktog,pocketat.
he denied it, and now by the soletatn_MO his hid
taken, he could safely say "So help hi" u. 4,7 bf hid
not or did not go to the theatre with that =ion:
The Defendants searched him in the pp. use.
and found a handkerchief, a crown, ahliff.crowo.
and a small key on torn, the Defendants slid they
supposed he had stolen them. He had a guinea*
week from his Majesty, which was sufficient tosupe
port him; they then took him to the Watch-house
in Covent-garden; the Defendant (Jeok told the
watchhouse-keeper that be was a pickpocket wed a
notorious thit.f. the watchhouse-keepet said-oettly
it could not he so ; the next morning le was
brought to Bow-street office to be examined-befote
Sir Richard Birnie. He was shout to. ititettiettat
took place at Bow-street office, bat ws plea
vented by ' I. r :. i
__ .

Mr. ADOLPHUS, Counsel for the • Thillablisk.
bliartt
Bard to it, as what had occurred '4IRe
R. Burnie must Lave been committed W
rod the Jury ought to have the best ev
fore them. •
The examination of Those. Jay -walk's re.
sumed—he was remanded on that occasion, Mid
afterwarda brought up before Mr. Minshell, -whets
he was committed for trial ; he was tried it the
Old Bailey, and the Defendants .gave evidence
against him ; he was acquitted. Two of the prin-
cipal witnesses in support 'of the present preserotton
were absent. Berwick and White, who were in the
service of his Majesty, and had not returned from
Scotland.

Mr. ADOLPHUS mid, with the permission of tier
Court, he would postpone the cross-ezethioetion of
witness until a future stage of the trial.
James Smith deposed, that he wits 144de-roan to
his Majesty on. the 15th of May ; the evening her
Majesty went to Dru►y-Isoe. Theatre he aceom.
pained Jay from the King's-mews to the theatre to
see his Majesty go in; they occupied their time
eut•tde the theatre by stalking backwards and few-
wards, and*. sting with their felhsw..servaritte,
who were io attendance on the King ; lie left Joy
there about hilt-past ellen o'clock.
On his cross-examination by Mr. ADOLPHUS he
said•there we. not an awaiting crowd outside of the
theatre ; them were - a great number of persons Ili
the strati.

Robert Duke, one of . the How-street petrol;
stated, that the Defendant Gook was a constable,
but be did not know whether the other Defendants
were or not; he went into the ilrowo Bear poplars
house, Bow-street, on the night that the Defendants
rook. Jay into custody ; Ile.saw bits 'lauding there s
two. or three nights afterwards .he went into a public.
Amuse in Cuatteestreet, Leicester-iseare„ he saw the
Defendant Gouk there, he was. Its the company of
an infamous character, who is generally called
Colonel Barton; Gook offered to bet two to one
that Jay would be convicted.
On his cross-examination he said he thought the
Dekudat►t Harrison was in the public-house at that

•
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time; nook's brother was there, and a plonk matt
of the name of Xi/eddies:on. He, the witttinti,
• hat h4n a lio*.itreet patrol about a foittiight ; ip
May last he was d bvilket,• and was. sometimes em-
pleyeil es a special constable.
elpr is' Flolvtand slated that he bed belotiged to
• the 8., m•iitteel police Tour years; be remembered
when Joy'was firth waited at Bow-street office ;
'hieffore'tfie examination he asked in the enter office
who had apprehended him? Harrison said he and
the other Defendants had, that it was a very clear
Mid strong case against Joy; he told them if that
l• vests the case, they deserved credit for Hawing appre-
" headed him. One of the Defendants said, if the
steel/3 did not come forward for Jay, they would
• Inv hint. He muted this conversation to Mr.
Wood. the cleft,. who took down the Defendants'
• depositions ogainet Jay, anti be said it was a clear
case, and the convenatioo did not matter, which
• prevented him (the witnesi) from mentioning it to
Ste Ittcharif Dirnie. On seeing in the-newspapers
that Mr. Ex-Sheriff Parkins hid taken the case op,
he mentioned to that gentleman the conversation he
hid with the Defendants.
James Pike stated that he less tapiter to the
• Hap pnblic-house, in Little Russell-street ; he
• took sons,' poetef-over to the ts. gallery of the •
theatre on the night in tinestfoo ; be seer Jay on his
•Yetern talking saith his Majesty's servants; at one
-• t• time he saw him en the thich-bos of bite of his
- Mejests's carriages ; at a quartee past ten o'clock
.Partied a plate of ham, he took it to Mist, and he
• paid him for it ; Jay was then -standing with the
• tint of his Majesty's carriages•attending the horses ;
• •he saw nothing improper ill his conduct. •
- Wm. Middli:on stated, that he was a constable
belonging to St. Martin's parish ; he was employed
• foe the last seventeen yeses to. attend Drury-lane
• Theatre; on the night of the 15th of May he saw
• Jey in the street with the weenie of his Majesty ;
be saw nothing improper in his conduct ; he, the
witness, was looking oat for pickpockets l he did
• not believe that Jay could hare attempted to have
, committed twenty felonies on that night. The De-
. /rodent, Gook, was a constable of St. James's
• 4 pant*, the other Defendants were not coostsbles.
• •• Thomas Jay was thee cross-examined by Mr.
Aoot rotas—He hod been eighteen months in his
9Wnjeetf's service before the 15th of May ; he was
'not how in his service; he lived with his father and
' santher, and sometimes with his aunt. He did not
remember whether he wrote a letter to be inserted
in the Morning Post Newspaper.. On recollection
' fie did write it; hi thought lie had written it with-
' iti•tte last week ; he saw it the day after it was
printed ; it was before Saturday last he had written
• rt; he did Dot consult any person about writing it ;
• tie told Mr.Parkins of it; he did not know that
• Me. Parkins had expended 121. on him, He had re-
. • ciieedliwoneybysubscription slime he had written the
kite; what he hatgot in that way was beet known to
bimseff; a person of the name of Harrison, a friend
. • of his, had written the letter for him ;he signed
. • ind'asorded• it. He did not say that he had wrote
• • ' it-end indicted it himself; the signature of Thomas
Jay was his writing : he did not kilow where Harri-
son. lived ; he wrote it for him in Mr. Paikina's-
- = office, No. 10, Bridge-street ; Mr. Parkins was pre-
'arm ; he considered•flarrieon his friend to • rite it
• • for MTV; Harrison, he knew, we. not in the empl,,v
• of Mr. Parkins; he first saw him in Mr. Parkins `r
*office, when he asked him to write the letter for him I
• knew big name by hearing Mr. Parkins's clerk
• (Mr: Tatham) call him lispisou ; lie had carried
- letteis for Mr. Parkins to the newspapers ; his
hfitjhoty did owe him money ; he strao.paid a guinea
- `levet ;he was dressed on the night of the 15th of
. - • Miy his' Majesty's undress livery ; when he was
• fatten into custody by the - Defendants he had
• crown and a half-crown in his pocket, and so help
• him Gmd he did not offer them money to let him go.
Examination in chief.—fie was not paid for the
•lec:f.Week he was in his Majesty'a settler, or had he
g•
his written discharge.
. Mr. Wood, the clerk of flaw-street afire, who
flub down the depositions of the Defendants
against Jay, produced them, they were merely a
• wetition of Mr. Alley's atatemeut..
• OarAiscross-examination, he said that he recd-
.. • sleeted the.uffieer, Hotyland, did, during the time lie
.1* rotas taking down the depositions of the Defendants,

whisper something to him about some eobvpriation
by had with the Defendants, in which they made
tors-cf.lite.terms swills sod sleek, and some other
cant, words, he told him he might mention it to
Birdie, bat that be, Mr. Wood, would
not.
-• • -Thames Jay produced the certificate of Mr.
. ..Steltonisestifying that be had been tried at the Old
Bailey and acquitted.
. bar. Asot.rtins objected to it being received
,as
• .it PH ant the best evidence that could be ',iodated
. of. the. fact.
Trfie;CoultT overruled the objection.
. Mr. A•LLILT said that was the case for the pro-
.aecntion.
Mr. Autousnes then, in a speech of considerahle
•levottlwdefeaded the Defendants. He contended
Jim, if the Jary believed every word of the evidence
on the part of the Prosecution, there was nothing to
.yrova that the Defendants .had entered into a con-
. ',piracy for the purpose of falsely charging the
Prosecutor with en offence. He iusitrouted that
. was only acquitted on.. point of law, es he was
Judiele.A.for stealing a. watch from • -person un-
Anawii;• when, in loci, he had not stolen it, at it
was so secured by a. gourd that be could out get it
from the person of .the geofleinun. The Learned
Counsel-. indulged himself with .very harsh and
.cosrse•langstage• on the conduct of Mr. Parking,
which .weaefroin from reporting.
. Several witnesses wele.csiltd, who gave Gook
sad Harrison a good character, but none were
called to the character of Counell. .
• the Canvasses summed up the evidence with
his.nanal perspicuity, when the Jury retired for sio
• minutes, and retained a verdict of Aot
Mr. Ex-Sheriff Parkins then addressed the Court,
en 4 after making allusion to what bid fallen
- Intim Mr. Adolphus, stated, that he did not come
there as a voluntary svitne.s, for he had been
subpsnaed, and why. he had not been examiued
«me best known to the Learned Gentleman who con-
. ducted the prosecution. He declared he had uo
ir.:„...rost is lhs prosecution,- he did not employ
eiskgeoheitor or counackand he had no knowledge
ohs publication oiluded to in•the•newspapers.
Mr. MA.II said, the reason why he bad not cc.

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