Old Bailey, New Court, Th...
The Times, 1824-07-21T00:00:00

Japtain Petir M'Donough, alias M'Dowell, and kertry Druid, werelndicted for stealing o the 30th of June a pocket-book, con- taining bank-notes to the amount of 651., from the person of Thomas V.reaver, his properi y. The trial of this case excitedl vety consider- able public interest, from the circumstance of both the prisoners, who are father and son, being literary characters: particularlv the clder, who is the author ol'some popular sketches, undler the titlc of "T'he Hermit in London." The son has been a contribu'or to the European Magazine. AIr. CAritLIGTON stated the circumstances to the jury, htthey will be found detailed in the following evidence:- Thomas Weaver sworn.-T am a linen-draper residing at Abing- don. On the night of the 29!th of June, I was at the Saloon, Pic- cadilly. I said something about T'hle Hermit in London; upon which the younger prisoner Dnuid. pointing to the other prisoner, said, " That gentlenian is die author." Ve entered into conversa- tion, and I asked them to take wine with me. The elder prisoner invited me to call upon him at Kensington. He gave me his address, Captaina uncan, Petersburgh Hotel, Dover-street." The other prisoner gave me his address, " Air. Jones, No. 15, Newland- street, Kensington." I inquired fbr this place last Saturday, and could not find it. I leit the Saloon in company with both the pri- soneis. I was elated witlh wine, but knew what I was about. We had a coach: the younger person anti I sat upon the box; the Cap- tain went inside; I drove. We went to the Bell inm where I was to sleep. When we stopped at the Bell, I d'ischarged the coach. I then missed my watch. I callel back the coach, and asked the driver to take me to Piccadilly to look for it. He aske(d 9s. for taking me. The prisoners were then with me. I agreed to give him 3s., and handed him a sovereign; he gave me the change. I did not until then tell the prisoners that I had lost my watch. The captain got into the coach, and I mounted the box. The younger prisoner tried to dissuade him from going. I requested him to ac- compan' me: he called me from the coach and gave me my watch, saying I have taken care of it for you." I had not given it to him. The younger prisoner pulled down the sign-board at thc gate, upon which the watchman came tip and said he would take us to the watch-house. A scuffle ensued. The watchman sprung his rattle, and a second came to his aid. Druid and I werc taken to the watch.house. The captain was not taken. In the morning I found I had lost my pocket-book. It containied four Abingdon b1. notes, two AbiRgdon 101. notes one Wallingford 101. note, one Oxford 101. note, and ona Barik of angland 51. note, with others that I can't remember. It also contained letters ad- dressed to me. It was in my inside coat-pocket. I mentioned my loss to Dnrii;l he said he knew the number of the coach, andR no doubt I should get it back. I did not tell him of my loss until 7 o'clock in the morning. In going to G:uildhall, I told the constable of my loss, and asked him if he had seen a pocket-book. Be said he had not. Druid said, " Why do you make yourself so uneasy, we know the number of the coach, and when this affair at Guildhall is over, no doubt we shal find it." When we got to Guildhall the elder prisoner came there, and said he appeared in favour of the young man. lie gave his name Captain AI'Donough. He said he had known Druid 12 montlhs. Druid was searched bv desire of Alder. man Thompsoii. Hogg searched him, and in a few minutes brougiht me my pocket-book. It was then empty. Cross-examined by hlr. ALLEY.-aIly Cbristian none is Thomas. I never went by the name of Charles. I have never been farther in France than Calais. I swear I never went by thie name of Charles there. I have resided at Abingdon 12 years. and am a single man. I have been four years iu business on my own account. I liad 1901. in nry possession when I came to town. I never said my,loss amounted to 3001. I never said so in the Compter. I intended re. turning to the country next day. I brought the money with me as I was coming oa business.- I was going to take a part of the money back with me. I had a letter of licence from my creditors albout three months since. I do not know Alr. Gibson of Newgate-street- I do not know that he held a bill of mine at that time. There was not a bill ef mine for 201. unpaid in London. A bill of mpine for that amount was sent down to Abingdon from Leeds, and I paid it on my rettrn. I had no bill returned to me as a forgerv. I had a bill returned about three months since, a name upon wlhich was forged. It was the acceptor's name. It was for 971. I took it up myself. I did not dine on the day in question at the Seloon. I dined at the Swan, in Arundel-street, between three and four o'clocl. I went to the Saloon between 11 and 12. In the interimn r was attending to business in thle city. I made a purchase at Gilman,Lucas,andl Co's. (Here the witsness fainted : he waa placed in a clair, and after taking 'ome water he reeovered a littlc, and was carried out into the air. (Allr. Alderman Thompson observed thatthe prisoner had alsofainted duripg his exaunination at Guildliall.) O'n his return he was allowed a seat ouht of te sun, which he said. affected him, and then continued his evitence. I rade the purchase at Gilmnan adCo.'s,which was my last that evening,between nine and half-past nine o'clock. There were wemen of the tow11 at the Saloon. There was one there caUed Miary Ann Clarke. Two of these womea sat in the same box with me. There was a person named WVestbrook there. We were- drinking Champagne. I paid forit: not with my creditors' money, but my own.. There was some BuceUas drank, but I drank none. I retired for a short time with Mary Ann, but I positively swear I had my pocket-book when I returndd. It was probably one o'clock when [ retired with her. I went to the Saloon at 12 o'clock. I did not before -say between 11 and 12 o'clock. Mary Ann returned with me to the Sa- loon. She complained that I had used her ill. She gave mne a thump on the nose, and made it bleed. There were.many persons there. The room Was well li hted. The entrance to the box where I sat was vi- sible to all. TYere are curtains above the backs of the boxes. I don't know where Westbrook note is. I believe he is on business' I saw him last week at Abingdon. I did not tell him I was cobiiih on the tial, orthat he was wantedt as a witness. I said I gave my wdl1 LtoWestbrook to take care of, when I first retired from the Saloon' but lie restored it to me on my return. The two ladies sat in the bot' with W estbroolk and mvself. I believe they were companions of the prisoaersi,as the seemed well acquainted. The iUll was between 21. and Xljpaldit. I idnotsayrbelonged toBrazenoseCollege, butIsnid I wssgompgto Oxford, although Iwasgoingto Abingdon. Ididnot,to imy knowledge, say thtat I hadi relays of horees along the road to Qxford. l.bight have said something of the kindin the Compter in a moment of levity; but Ido not-recollect it. I swear positively that I did not say t waj a Fellow of Brazenose College, andt a uepbew of my Lord layor'e. I saidi when the lady gavc me the thump on lhe.sne`ic,Unless that woniyan was turned out of the Saloon I would report the hdu.s to the Lord Mayor. I again swear I never . said' to- mjr knowledge, I was a -man of f,0001. a- vear; anti' a Felldw of- B9razenose College. I was -sober when I went beforo, tleh iaaistfat. I wEas elated with wine 1en I- left the ;aloon. *--did nofrivc theIhorses it full gall6j. . I 1ti;o,9helteire wihlte lvyjputownmy watch on the tahoE ativreq6t thee yo gerprisaneir to take-acare of irforme, I did no ms te- oacOpay i-r gt (yxiford. "I 0j:t have said I should be happy to see them At Oxcord or elsewhere. It was not for the purpose of aecompinying me to Oxford th'at they went with me to sleen .at the Bell, . I do not kqcow. what their mo- tive wthas, for going to sleep at {ihe Bell ttlait,lifgNt. When I got the bill, I missed' my watch.. I had.aA5sir p3rcel with me when the scuffle with the watchmen took places it wisas in' rmy luggage. It was produced at the office E don'+ know wiho picked it up. I do not know whether I paid the landlord'or a waiter at the Saloon. I took themoneyfrom my trousers. They were one-pound country notes. I never said that l had sovereigns jn my p6cket-book. I said at the Compter that my Ios8 consi&ted ofndtes; I might have adtled, " and sovereigns," but I never said "in ny pocket-book.4" I believe the board was pulled ddwn at the Bell by the younger prisoner. There was a crowd-gathered. We were there three quarters of an hour. The young manhbad not, I think, abundant opportinity at the Compter of getting rid of the pocket-book if he had taken it. The elder prisoner was insiae the coach, the youngerbeside me, and the coachman behind thecarriage, when we left the Saloon. About four in the morning we were taken to the Compter. I was asleep there for an hour and a half. I do not think the young man might have retired it'he pleased. I did not propose in the coach to the watchman to say we were only tipsey. r I did sot know what charge was to be brought forward. 1 thmnk I was told it was disorderly conduct. There were two examninations at (OuidhaU_one on the Wednesday, and the other on the Thursday. The father attended voluntarily thcfirst day. I positively swear I never did say that my loss amounted to 3001. Robert Evans.-I am a watchman. On the might in question I was near the Bell, in Holborn. I saw these parties. The prosecutor wae elevated in liquor, but knew very welt what he was about. I heard the prosecutor say he had lost his watch. The prisoners dis- suaded him from returning to the Saloon. They were three quarters of an hour talking about it before it was produced. Henr;y Hughes.-..I am a watchman. I heard the prosecutor say at the (,ompter, that he had lost his pocket-book. Druid said he need not be uneasy, as they knew the number of tie coach. This he repeated several times, and said he wished his friend CaptainDuncan Cross-examined._I was in the coach with the prosecutor and Druid, and helrd the former say he had 1OO1. in his pocket-'took, and some letters and papers. Dilr. Beresford, clerk at Guildhall, Produced the book of charges, from which the elder prisoner's examinationi was read. Druid de- nied all knowlcdge of the pockct-book. He was then searched, and it was found on him. Samuel Fogg searched the prisoner, and found two pocket-books on his person, but no monev of any kipd. (Produced them.) The prosecutor identified his pocket book. Anothler watchman stated that the two prisoners were talking to- gether for five minutes at the end of ilie street. The driver of tlhechariot swore he saw Druid trying to put aleather pocket-book with a steel clasp into his pocket when he lefi the Sa- loon. The prosecutor was not so drunk but lie knew what he was about, for he gave a sovereign and took bis full change. (A l.ugh.) Seyeral other witnesses were called,. but their evidence (lid not carry the case any farther. Atr. ALLEY submitted that there was nothing in the case to affect the elder prisoner, who might, therefore, be discharged, in order that his son should have the benefit ot'his testimony. The ComSSoN SERGEANT thought there was something to go to the jury against both the prisoners. Tlle younger prisoner commenced his defence, by explaining the motives whlich had induced him to give a fictitious namc in the watchhousc. He was rmost unwilling to have his proper name ap. pear in all the papers next day, as having been guilty of disorderly conduct; and he had given the prosecutor the address ' Mlr. Jones, Newland-street," because he had assumed that name while residing there, in consequence of some embarrassments in which he was in- volved. The remainder of his defence consisted of a written com- mentary on the evidence, pointing out the vatious incongruities and iinprobabilities of the prosecutor's case, with a solemn protestation of innocence. The suspicion against him was wholly occasioned, be said, by his"having,in consequenceofintoxication, and thtebustleofthe preceding night, orgottet3 that theprosecutorhadgivenhim his pocket- book to eep for him, at the same time that lie gave him his watch: but it was quite absurd to suppose that if he was conscious of haYing it about him, he would positively deny all knowledge of it at the very moment wrhen he wa-s going to be searched; orthat he would not have previously put it out of the way when he had ample opportunity for so doing. Captain lU'Donough, in hits defence, said that his appearance be- fore the jury as a Party accused arose altogether from mere acci- dent. He cont&nded that it was quite impossible that his son, who had never from his cradle down to the present moment given him the slightest cause to be ashamed of him, and who had been in the navy, where he had conducted himself in the most creditable man- ner could have been guilty of the offence charged against him. He inaue a few brief cemments upon the evidence, and conaluded by calling on the AImighty Searcher of Hearts, whose influence the prosecutor had twice felt-for he had fainted both here and at Guildhall-to witness his innocence. Air. ALTEr then called the following witnesses: Barnard Boyle said, I am a watchman at the Compter. I reme.m- ber dir. Weaver on the night in question saving he was going down to Oxford next morning to take his degree. I do not recollect any thing about Brazenose. lie said lie was a mtan of large Pro- P-- - a re ewiccr it scnunlgnmetoa housein Snowvhill, to borrow ten sovereigns. The alswer I receivetd was, that thealandlord trog)d gt up andl wait u pon the gentleman himiself. I heard him state that c had lost 3001. in notes and sovereigns. Whilst there, the prisoner might have gone backward, if he pleasedl. The prosecutor also said something about bills. f told himl, thesovereignsand notes I feared he never woukl get back; but if he adlvertised, he might get the bills. They were drunk in the night, hut much better before the magistrate in the morning,althoughl the liquor had not quite left their headsY. Wim. Strange.-1 am a wine-merct)ent at Abingilon. The pro. secutor's nanme is proveibial at Abiiigdon for lying. I would not believe hini on his oath. Cross-examined.-He lives in a good street, keeps a respectable shop; but from his constant habit of flbricating gross falsehoods, I would not believe hin on his oath. lie is a proverbial liar, Several other witnesses were called from whose testimony it ap- peared that the elder prisoner, who iad been a captain in a militia regiment; had all his life borne the very highest claracter for honour and integrity, and mixed in the first society. He wrote for periodical publications, from the proprietor of one of which lie re- ceived upwards of' 3001. a year. rhe son also received an excellent character from a schoolmaster, who had known him for 14 years. The CoMMOtoN SE5tGEANT having minutely summtd up, and observed upon the evidence, The Jury retired for about half an hour when they returned with a verdict o' Xot Guilty. The verdict was received with niarks of approbation by the auditory. The prosecutor applied for his expcnses. The Jury stated, it was their opinion, that there%had been no ino- ney in the pocket-book when Druid received it. Thc CoM310rox SERoGAx'Tsaid, that was also his opinion; but even if there had, still this was not a case in which the prosecutor was en- titledl to his expenses. If he chose to go to such places as the Saloon, and there conduct himself in the way in which he had done, whereby he lost his property, the county wvere not to pav his expenses : but the other witnesses should have theirs. The verdict of the jury, his Lordship added, gave him great satisfaction, for he had strong doubts of any money having been in the pocket-book. George King was indicted for attempting to utter two counter- feit sovereigds. It appeared that he went into the White Hart in Fleet-market at six o'clock in the mornitig of the 18th of June, awd asked the girl behind the counter to change hini a sovereign. She rang it on the counter, and said it was bad. He then put down an other, whicil sbe also declared to be bad; buh said she would take them both over to MIr. Jones of the Crown and Anchor, and take hisoni- nion upon them. The prisoner said, you had better, and she did so. l r. .ones immediately eronounced them both bad, and the ward-beadle happening to be present went to the White Hart and took the prisoner (who had rema-ned there all the time) into cus- tody. 11es searched him, and found a good sovereign and a farthing In his purse. Both the counterfeit sovereigns were from the same die. The prisoner did not attempt to account for his possession of | Hewas fourudguilty, and sentenced to thtee months' imprisonment- W1illiaen Buttrcss was indicted for knowingly uttering a counter- feit sovereign. The circumstances of this case excited considerableaamusement in Court; andl even the prisoner himself, a well-looking country lad, about 15 years of age, and dressed in a smock-frock, could not re- frain from laughing at the details of his ingenuity and address, The prosecutor (John lIangford) was servant to a private gen- tleman, and looked upon himselfas an excellent judlge of horseflesh. His brother Thomas having occasion to purchase a pony, John im- mediately voluniiteered the aid of his judgment in choosing one, and agreed to ineet hlim in Smithfield for that purpose next morning. Joln arrived in the market before Thomas, and saw the prisoner aeatedl on a pony, which lie instantly fixed upon for his brother ; aiid such was his confidence in his own skill, that he did not even think it:necessary to examine the aninmal. " That ponv is for -ale, f'riend?" said John. " It is," said the lad. " What is the price ?"-"Three pounds ten shillings."_" Take fifty shillings."-" Fifty shillings for such a horse as this ! No, no; he is a dead bargain at 31. lOs."- " I will not give more than 21. (lOs."-" Give me 31. tben, and lie is yours."-" No more than 21. lls."-" GIve Ine 21. lOs."-" No; but .1 will give you 21. lOs., and a glass of rum."-" lell, lie is yours." The bargain being concluded, the contracting parties adjourned to a pablic-house to despatch the rui. A ditliculty, however, arose with John; ie was deliglhted wi-lt the valuable purchase he had made, and therefore most anxious to secure it-; but he had only ls. in liis purse, and his brother was not arrived. " NWhere there is a will there is a way " says thic prverb and Joln soon hit upon an ekpedieilt. He gave the rLsoner a half-crown, as earnest of the purchase-money, anti set oft to the hlouse of a person he knew, with whom he deposited a valuable hunt- ing watch, and received the loan of two sovereigns. lie returned in triumph to the poor country youth,. wlo had so simply thrown away his pony for the paltry sum of 21. lOs., and counting down the money, took possession of hits prize, whilst tbe lad cooll ocketed the cash. The transaction being t hus beyonl recall, thy ldcoun tenance soon exchangedl its expression of simplicity, for a most pro- voking leer, and taking John by the button, he whispered in is ear, " The pony is now yours: take my advice, and get rid of hIin as soon- as you can. ' John looked amazed. The *lad continued-" He has got the stnggers to such a jitch, that if you ride him across the atones for twenty yardsahe wUl be sure to fall down and br.eak your neck. Only just 1ry him, now." John did not like the experimergt. " But 'hat .is not all,!' said- the lad - " he is broken.winded, as well; juhst feel' is neck." John thought he might venture to go so far witliout muc danger, and uli5n dbing so he fancidd lie perceived the confrfmation of the, lad's asser- tion. He therefore instantly acted. upon, his advice,- and dle- clared *the animitl for sale irnstantly. Sever.al persons gathered +around him ; one offere4 15s., another offered 20s., whilst a third tose so liigh as 25s. " Come, come,7' saiadthe lad,-" as I sold the %ponry, I ought to 'save the preference itl purclasing him again; What are you content to lose ?" "- I will lose fis." said Jobn'. " You will lose lOs." said the other. " No," said -ohn, "-lwill givelyoa Zs. to taicq the bargain olF my hands." After so'ime delay; it was finally agreed that Join should lose 7s., and accordingly the prisoner papd`hjir4 down two sovereigns and three eilings; antd again took possession of- his pony.' John immediately posted oiF ta his- friend to redeem hts wa'ch; but the youth had not let him down so easily; as -he suppose.l ; - for, lo! on producing- the two sovereigr,s, onre turned out to be a cotibierfeit. Fortunatelyforpoor Johns iw&em, -an offilccrw.isat htniid,- who immediately, went in. pursuit of thebprisoner, -and took himlnito custody. HBe was observed- to tlsrjv ia bit of paperawaty,.which up!on beintg piekep up vras-found to c6ntain ann.hter counter'teitsove- reign; thcetwo were froni. the seme die.: Whlen-Yearehed, hea ten imd -~~sdJt;r,- ~~sentknctte - lewas tfburottnd ifC-tni`e tQ--S.AiX olsoot s'ieitpheciS. -met, nt o gve ecdityfor his 'gQooWbehiaviedr for swol - At uko'ut four- o' clock, -tlte trial' being' all disposedl of,> tb'e 'Rz. eOnDrt-proceeded to pass seitence on the convicts. The following received sentence of death :- Richard Tolkington for forgery; COkarles West and John 9heeni, :f6r burgIary; lohn Jay alias Norfolkh Thomas Chambers,. Thomas NVatts, and n. mClancey, for house-breaking; E. Cooke, Phillip Smith alias Mlovd, John -Fuller, Henry Le Roy, Chiarles Inglebert, and Joseph Finch, for 'seallng in a dwelling house. Ten were sentenced to transportation for life, one for fourteen years, and forty-foir for seven years. Forty were sentenced to imprisonment for various terms. AMichael John O'Conrer2 one of Carlile's shopmen, who pleaded guilty last session to an indictment for blasphemy (having sold Pal. mer's Plrninpis ofNatu?sc), was sentenced to six months' imprison- ment in Newgate. In the case of WilliamRamsden Robinson,judgment was reepited until next session. | We understand that after the conclusion of thelast trial of W. R. Robinson, Mlr. Abrahams, his employer, had an interview with Mr. Justice Gaselee, who expressed his full conviction of the innocence of the accused, and gave Mlr. Abraham a letter to M1r. Justice Bur- rough, who tried the case in which -he was found guiltv, informing the learned Judge of the result of the other trials. lNr. Abrahams immediately proceeded Post to the country-seat of the learned Judge, with whom he obtained'an interview, and who wrote a letter to the Recorder (with which M5r. Abrahaims immediately returned to town), requesting he would not pass sentence on Mr. Robinson yesterday, but wait until he arrived in town, when he would take the necessary measures to obtain the release of ;lr. Robinson. The jury who tried the case in which he was found guilty have also expressed their rea- diniess to sign a petitiou to His Mtajesty to obtain his paidon, and have said that it was under an erroneous impression that they found him mnilfv. OLD BAILEY, NEW COURT. THURSDAY. J-7LV 2n