The Statesman.
London, England, 1823-09-12 00:00:00

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OLD BAILEY, San. U.
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anunaae AT COLONIC'. MERIIICOI.
Janette Clark, aged 26, and Gilbert Dom, scrag, (both
soldiers) were indicted—Clark with stealing Is the dwell-
ing house of William Henry Merrick. Esq. two which's,
a diamond and emerald necklace, and various ether articles,
valne lOW., and upwards. his property; and Down stood
charged with aiding and abetting in the committing of the
said robbery.
Cfark was respectably attired in a plain dress, and Down
appeared in a regimental drill dress.
Mr. Pterr stated the case for the proseintion at consi-
derable length. With respect to the case of Clark, the rob-
bery would be clearly proved fas it respected Down, to
whom the box was conyer4, the question was, did he re.
mite it with a guilty knowledge. or whether be was an ac.
creamy before and after the fact.
Colonel Merrick examined by Mr. LAW.—Witness is
Colonel in the 3d Regiment of Foot Boards; the prisoner
Clark he took out of the r inks and made him his livery ser-
vant. Witness ditcharged him on the 12th August, and be
vas to go away the next day. Had lived with him for
twelve months. In his house he had a kingwood box,
which contained the articles mentioned in the indictment.
except ta o watches and seals. The value of the jewellery,
Lc. was worth from 1,2001. to 1,4001. Witness lives in
Berkeley Sqnsre ; missed the box on the 14th August
from his Lady's dressing room, where he used to take break.
fast occasionally ; hence Clark often had access to the room.
Whenever witness travelled be took the box with him; did
nut see the prisoner Clark after the 13th till the 18th; wit-
ness snit an advertisement into the papers in the interim,
and in consequence of which be received a letter, purport-
jug to come from White and Dobson; from this communi-
cation witness was induced to go towards Portsmouth, in
company with Westeott, an officer. They overtook Clark,
in company with another man, When beheld a conversation
v ith him, but held out neither promise or threat to induce
Lim to confess what had. become of the remainder of the
property ; he said he had broken the box open in a coppice
ahout two miles beyond Dartford, where be had left ir, he
Lad disposed of two watches, one.gold and one silver, in
Chatham: by the account he gave, witness discovered them
next morning; went afterwards to the plantation to look
for the hoe; a turnpike man informed him where he would
find it; it had been taken away by another person. Found
tire gold watch ic the possession of Sloman, a Jew, and
saw the silver one exposed in a, shop window—part of the
articles were sent in a sealed parcel to the witness from the
office, and the other part were found in the secret drawer
in the box ; a few trifling things were picked up near Dart-
ford on the grass; every individual article had been re.
covered through information given by the prisoner Clark.
Mr. Baron RA lIA a-ked the prisoner Clark, if he would
put auy.ceiestiorm to Colonel Merrick? To which the pri-
mmer replied, that he wished to plead guilty.
Mr. Law stated, that as all the property hail been reco-
weed', Colonel M. did not wish to proceed further ; there-
fore, if his Lordship would receive the plea of guilty, the
prosecutor would resentmend the prisoner to mercy.
P. Worger, a constable of Brighton, went to Portsmouth
in consequence of information; found part of the stolen
ploperty on his person. and another part conceided in a
Iwx in the room ; witness took bins into custody, and con-
veyed him to London; m t Colonel Merrick on the why ;
be -gave winless every information as to the disposal of the
property.
Wm. Westeott deposed that he accompanied the Colo
rel. • His evidence went to corroborate that of Colonel
Petrick, as to the disclosure made by Clark.
..toseph Cook, croon to the prosecutor, stated that
Clsrk left kis mas'er's service; about two hours before he
left he sent witness to the prisoner Down, who was waiting
at the Hole.in.the-wall. Berkeley Mews, and told hint to
commas there till Clark came; some conversation passed
as• to the time Clark might be expected to arrive.
*John Fisher, the landlord of the Hole-in-the-wall, proved
this the prisoners were at his house on the 13th of Aug.
about four in the afternoon—Clark went over to the
Colonel's house, and Down went away—saw Clark again
in about ten minutes, with something under his arm, like
a box wrapped in cloth—be went to the Bricklayers' Arms,
in the same Mews.
'The prisoner Down cross-examined the whams, but eli-
cited nothing material to his defence.
Ishmael Reeve, the landlord of the Bricklayers' Arms,
saw tie prisoner Down at his house on the day of the
robbery; Clark called Down out ; he had a box with him;
they went sway together in thealirection of Little Grosve-
nor Street ; Down conveyed the box.
hue Dry deposed, that she wes the wife of a musician,
and lived in Bee's court, Oxford.street; saw the prisoners
on.tbe 13th of August; Clark brought a box to her room ;
the same now before the Court; he inquired for her hus-
band, observing be had something for him ; be was not at
home, and they went away directly; Down carried the
box., they left the cloth behind them. •
'And Dry corroborated the testimony of the last witness,
but would not swear to the identity of Down.
Colonel Alerrisk identifiettthe property produced as his
Own.
Several other witnesses were examined, whose testimony
went to prove that Clark had possession of the box on the
day in question. '
The prisoners were called on for their defence, when
Clark pleaded guilty to the charge. alleged against him;
Down called several witnesses, principally Serjeants in the
(lairds, who gave the prisoner a good character for hones-
ty, sobriety, and soldier-like conduct.
Mr. Baron ORAIIAM summed up the evidence relative to
Down ; his Lordship observed that the charges were dis-
tinct against the two prisoners—Clark with stealing in the
dwelling-house property to a large amount; Down with
counselling and abetting in the said robbery, and also with
44i-rising the property so taken, knowing it to have been
wolen. He begged to call the attention of the Jury to the
cote of Down, snore especially as it appeared to involve
d Oisulties which did not exist as •ft regarded
.Clark, who
bad confessed the robbery aforetime, and even pleaded
guilty on the present occasion. As It respected Down, it
was for the Jury to say whether he was an accessary before
the fact of robbery or afterwards' by taking possession of
the property knowing it to have born stolen.
The Jury retired for about twenty minutes, and returned
a verdict of Bulky—Death against Clark ; and Down—
Not. Guilty. . •• ;
The Jury recommended cite •is morty, on the ground
of his making a disclosure of the property.—His Lordship
said it should be forwarded to the peeper quarter.
Wm. Smart was indicted for feloniously stealing front I
theilwelling hotter: of Mr. Sergeant Hayward, a soup ladle,
sod ether articles of Plate, value 301.
• Wheel's, the butler of Sergeant Hayward, stated, that
*tithe day in the indictment, he observed the prisoner cam-
ogup the steps with a bundle in his (rand; witness ran to
the pantry, missed the plate, and thea desired one of the
servants to pursue him—time footman. van after him—took
him, and the plate was footed on his person.
The footman corrobiletted- the Mime of linmformer
e.r
tsiNo witnesses baying been producedon the paretitthe de-
fendant, he was instantly found Bulky.
'James aged; 4, was thieved with stealing, on the
flth of June. from the perish of Whitechapel, A; illar.et valued.
at 57. tint property of Win. Reed, farmer, of.NorseCrawlept.
Backs.
The prisoner strongly protested what liegettleteato le
es'Cliepe rairl big Uouneet, Mr. Poem celled w whir*.
nieg Teisint, who Sworepositively that ton therlayed the
rutbsry, the prisouer with' MM the *hale day, .seep"
to II o'clock ou the coTtoeing !windier. ' - •••
The Jury retired for three quarters of an floor, lad 'od
their return found the prisoner No* linifly. '
Chas. Tisonspaun, an incorrigible thii:f, was put to the

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far, charged with stealing fose.hage, the property of Mr.
John Holyland. The Jury. found him Heilty,and the
Recorder immediately sentenced him to be transported for
seven years.
Wm. Craig, a young maw, was pat to the bar Oil an In-
dictment charging bim with stealing, on the 4th of Aug..
two chests of tea, value 521. the property of Masers. Francis
Child and Co. of Nag's Head Oracechurch Street,
tea dealers.--Guilty.
The following prisoners were also convicted df larcenies:
—Mary Kelly, 24, and Eli:. Brooks, 17, for stealing two
piecesr of shoes; John Bradley, 19, for stealing two of
Ibsen; Chas. Corkhsm, 14, for stealing a handkerchief from
the person.—Catherine Tinian was acquitted.