Star.
London, England, 1801-09-17 00:00:00

OLD BAILEr.

Yellerday the Sefßoni commenced at the Old
Bailey, before the Right Hon. the LORD MAY )R,
Mr. Baron HOTHAM, Mr. Juftice LE BLANC, Mr.
ltscognt a, &c. when 19 prilhners were tried, five
of whom were capitally conviCked, viz.
John FYlet alias gone:, was capitally convielcd
on a charge of flealing a wooden box, containing
a cloth coat, and other articles, value tol. and up.
wards, the property of Thomas Judge—Death.
gofeph Daub, Thom:: Head, and Heber Head,
were indieted for burglarioufly breaking and enter-
ing a dwelling-houfe, about the hour of eight in
the night, with intent to (teal, and burglarioufly
healing therein two cloth coats, a Thin and other
articles of wearing apparel, a table-cloth, &c.
amounting in value to ten pounds, the property
of Samuel Chivers.

Mary Chivers, the wife of Samuel Chivers, laid
the lived at a houfe in Old-fireet, where the kept a
(hop; that on the tsth of Augutt loft the locked
the door of her apartment which opens into a pal-
rage, and went into her Chop, which is on the other
tide of the paff.age ; the was then in diftrefs on ac-
count of having taken a bad 75. piece of a girl
whom the did not know. Heliher Head ufed to
deal with her, and at this time owed her fome mo-
ney ; the came to the witnefs and afked her how
thuch the owed her ?—The witnefs faid the could
not tell at that time, but would look, and then laid
the had taken a bad 71. piece of a girl, which the
prifoner faid the lamented, and anted if the knew
the girl ? She faid the did not. The prifoner ad.
vifed her to go after the girl, Paying the law her
going along a little while ago. She went with the
prifoner, as the thought then, in purfuit of the
girl, but which the witnefs now, upon refleCtion
on her condutf, thinks was with a view to deceive
her, having afked her two or three times to go
into a public-houfe to drink fome fpirits, with a
view to facilitate what was going on at the houfe
of the witnefs at that time. When the returned to
her houfe, the found that her back-door had been
unbolted and her room opened ; the had fattened it
all over before the came away. On looking over
the room the found that all the articles mentioned
in the Indiament, and many more, were taken
away. A few days afterwards the found, bn ex-
amination, at a Pawnbroker's in the neighbourhood,
a table-cloth, and at another's a thin. which the
knew to be the property of her hutband. She
fufpefted the prifoner Thomas Head and his wife
of this robbery, becaufe the had feen them about
her houfe two days before making obfervations, as
the conceived, about the place, and therefore they
were apprehended.
A Pawnbroker proved, that he took a thin in
pledge of the prifoner, Jofeph Davis, and advanc-
ed him ss. on it, on the Bth of Anglia ka:
Mrs. Chivers fwore, that the flirt was her hut--
band's flirt, the knew it by her own work upon it;
there had been a mark upon it, but that was taken
away.
Another Pawnbroker produced a table cloth,
which, he faid, he received of Elizabeth Davis,
the wife of the prifoner, Davis, who lire. with
him ; and Mrs. Chivers alfo (wore to the cloth,
although the mark that had been on it was cut off;
but the knew it by many different little marks that
were upon it.
Armftrong, a Police officer, apprehended the
two prifoners, Head, on the 18th of Augutt ; and
afterwards, in confequence of an information, he
fearched a room belonging to a woman of the name
of Auttin, in a place near the Surrey Road, and
under the bed he found a box containing a dark
lantern, a phorphorus box, a bunch of pick-lock
keys, chile], &c. the implements for houfe•breaking,
and alfo a piece of cloth, which Mrs. Chivers
fwore to be the property of her hutband. The
mark upon it was torn off, but the knew it by her
own work, which was alfo upon it.
Sarah Au flin faid, that her fitter, Mary Jenner,
brought a box to her lodgings two days before
the officer came there and found it ; but the laid,
the knew nothing about the box herfelf.
Mary Jenner gave a very grange account from
beginning to end, of what the knew of this mat-
ter. She faid the took this box, without knowing
what was in it, for fafety, of her own head;—and
then the laid, that the took it at the requeft of jo-
feph Davis to her fitter's—[She fainted, or teemed
to faint, and was carried out of Court ; being re-
covered, and brought back]—the faid, the never
Paw the box opened ; the did not know what was
in it ; the never law the prifoner, Head, in com-
pany with Davis : and on a queftion put to her by
Davis, the laid, the received thefe things In the
box of Mrs. Head, on the Wednefday after the rob•
bery was committed. That the laid fo before the
Magißrates, and that in point of fait, the did re-
ceive them from her. It was in Old-greet the re-
ceived them, but the did not remember on what
day. The things that Mrs. Davis gave her, were
a dark lantern, and a bunch of keys; and the then
laid, that (he herfelf put them in, and put in w ith
them the piece of cloth, which was produced and
(worn to by Mrs. Chivers.—She laid afterwards,
the did not know who brought it into the room ;
the found it there and put it into the box.
The Officers of the Police fearched Davis, but
found nothing upon him, nor in his apartment.
The Learned jUdge, Mr. Baron Ho THAN, fum-
med up the whole of the evidence, and obfcrved
to the Jury, that as to Mary jenner, her (tory was
fo incontinent and Ilrange,and the manner in which
the gave her evidence was fo extraordinary, that
the was not intitled to much credit before them.
—With refped to the burglary, the Learned Judge
Paid, he thought, fairly enough, they miglit ac-
quit all the Prifoners upon that part of the charge;
for it appeared by the evidence, that the houfe was
fattened up at eight o'clock in the evening in the
month of Auguil, and the Profecutor's wife went
out immediately afterwards; it could not then be
dark, aad, therefore, faid the Learned Judge, your
conlideration will be, whether you believe thefe
two men Role thefe things, I fay thefe two men,
for as to the wife of the prifoner Head, the cannot
be found guilty of any larceny that is done in the
pretence of herhufband. Wi:h tctpen to I lead,
the only evidence, I conceive, that affeas him, is
his being ken about the houfe in the cootie of Use

day, or a few days before, and ohferved particulars.
ly by Mrs.Chivers, to look about the place, that
is, to be lure, a dicta/ill:ince to be taken with
others into confide' ation ; but at the fame time it
does not appear to rise to go a great way, fur he
might have lodged in the neighbourhood, and
might have been in the cool-feet going home, and
h: might have been fees about the place, and ap-
pear lufpicious without having any bad pat poi.. :n
view. That does not appear to me to weigh a
great deal; he is not Avon, to by either of the
Pawnbrokers as having pawned any of tl:e goods;
he is not fecn by Mary Jenner—the had onver-
fation with him about the box, and therefore it
does teem to me, that whatever may be your fuf-
picion, the evidence in point of la6t, falls (Ilea of
proof of guilt as to hint ; and his wif:, as I have
told you already, is decided to her acquittal of
courfe, bee:tide the is ruppolecl to have aged, dike
did any thing in this bulinefs, under the controul
of herhulband. As to Davir,there is more to behind;
for, two days after the robbery, it appears that he
pawned the thirts which Mrs. Chivas (wears to be
the property of her hufband. Now if a man pawns
that which is clearly proved to be the property of
another, and does it forecently after it was dolen,it
is incumbent on him to aflign to a Jury, when tried
for the theft, come reafon for being in polkflion
of it, which the Prifoner has not done; he has raid
merely it was his own. 'That you are to decide
for yourfelves upon the evidence ; the mark is
picked out, a circumflance of fufpicion to he added
to others. The other Pawnbroker took the cloth
(which has been proved altar to be the property
of the Profecutor) of Elie,. Davis ; now as to this
box, you have heard the girl, Mary Jenner, fwear-
ing backwards and forwards, and you have heard
what it contained, and, to lie lure, part of this
Rory bears pretty hard upon the prifoner Head, for
it appears to have been an interelling thing to him,
that the box thould be taken away from his po(ter-
; but that is not, perhaps, enough to convidt
him. There are the ciretimilances, as I have Rated,
which affect the Prifoner Davis ; if you think they
are fufficient to convidt him of dealing the property
you will fay In, but I think you cannot fay it was
in the night, it being about eight o'clock in the
evening, and in the month of Anguil, about the
middle, it could not have been too dark to didin.
guifh the perfon of a man, and therefore cannot
be a burglary. With refped to the other hironer,
the cafe is not In thong, and, therefore, I think,
you will feet yourfelves difpofesf to acquit him,
whatever may be your fufpicions (for I will not do
you the injullice to fuppofe that you do not furpeet
at lead, that he was concerned in this robbery),
but I am of opinion, that the evidence falls thora
of proof of guilt in him. You will confider the
whole of the evidence, and give fuch a verdidt as
appears to you to be Jul.
The Jury found the two prifoners, Head, No•
Guilty, and found the Prisoner Davis Guilty of deal.
ing the goods, but riot of breaking and entering
the dwelling-houfe in the night time.
Mr. ta:.on Hornass.—" Gentlemen, when the
property appears to amount to 16L I cannot ark
you to teduce the value below aos."
gof,ph Nand :lofty) R3lld were indidted fat
dealing a lamb, the property of Edward Kerby,
on the PA of July lath
Mr. Kerby Rated that he had purchafed forty
lambs at Romford on the 29th of July, and that
he was one short when they came home. Merring-
ton, the drover, laid, that be drove the lambs to
quellion from Rumford; when he got to White-
d-lapel, he met Huff and Rodd, who were driving
fome lambs for Mr. Glaffye, another butcher.—
He could not keep their Limbs together, and they
begged him to let them drive theirs with his ; to
which he confented. When they parted, they fe-
parated their refpeetive flocks ; but upon his arri-
val, he found one thort. He then vent back to
Mr. Glattyc's to know if he had a lamb too many.
He raid there was, but that the drovers had taken,
it away. He alfo then learnt that they were to
meet at the Prince of Hefre public-houfe, in Field-
gate-greet. He went there, accompanied by
Griffiths, the Police.officer : when theygot there,
they found Rodd, who denied having any know-
ledge of the lamb. Soon after wards Huff came
in, who upon being queftioned by Griffiths, laid
he would confers where the lamb was, and accord-
ingly told them it was near the White Swan, Rat-
clitte-highway, where they found it.
Another drover fpoke to his being hired by Huff
to carry the lamb to Ratcliff highway; but as no
evidence particularly applied to Rudd, he was at--
quitted, and Hutt only found Guilty
Ricad Eat, a young man of decent appear.
ante, was indidted for breaking into the dwelling-
hook of Mrs. Humphrys, in the day-time, and
dealing therein feveral pairs of (ilk and other
tiockings, trinkets, money, a watch, and various
other articles, her property,
Mrs. Humphrys laid, the kept a (hop in Brook.
Rivet, Ratelift; that on Chrifimas-day lad the
flint up her houfe, leaving nobody in it, and went
out to fpcnd the day with a friend. When the
came home at night, the perceived feveral things
removed out of their places, and on examining the
doors, found them unbolted ; and going to Her
drawers fie perceived they had been unlocked,
and every thing Ilolen out of them. A tientar
robbery took place in March lad. Site never
heard any thing of her property 'until, in the
month of July lad, the faw tile prifuner, ehom
file knew as being fm to the Keeper of the %York.
honk, yeah lonic of the articles the had Ltd about
him. lle was follc,wcd, and his apartmeto ft:arch-
ed, and mod oldie things were found in his poi:
fedion, together with a parcel of keys that open.
ed the locks of the profecnirix. The prifuner,
when brought before the Magill rate, a vu.
luntary confetlion of his having, Chi ;au:es-day,
got into the houfe through a cellar ; an I,
in March, through a one-pair window, by meta,
of a ladder. He alto acknovileetia.l that he doh:
the watch, and fold it to a Jew. o'ieve v...vetrc,
came and gave him a good charieTts: ; h it
being no doubt in the cafe, the Joy f 'WU
Gili..ty—Dej:h. There ii as atiutle.r

.••
agaola tom for a I;nular oicace ; btu as !h.. II
convia,sl of a c.l pita) oflencq it ss AS 11,.r thoi
uecetfitry to follow it up. [Term