You must not tell us what the
women said.
THOMAS ROYLE sworn.
I am a workman with Mr. Smith
and Co.
Do you remember being at work
on some calico the evening before this calico was missing? - Yes, I do not recollect the day.
What time did you leave off work?
- I cannot recollect; we worked as long as we could see; it might be between four and five; I was working upon a green pattern,
I had some under my table that I was to work in paste colours, the paste was not fit, and I put by eight pieces of calico
under the table I was at work at.
Was it work of that kind you
should know it again? - Yes, I should know the pattern of it.
What time did you come the next
morning? - I was not the first, but I came as soon as it was light, and the calicoes were all gone.
Have you ever seen any calico
since that time that you have reason to believe was that calico? - Yes.
SAMUEL HARPER sworn.
I am an officer of the Public-office,
Shadwell.
Have you any of the property?
- No, Armstrong has; I took Usher.
Mr. Garrow. Who is Usher? - A
witness here.
Who is he? - A Jew.
How long have you known him?
- Not long.
He has been here before? - I
do not know, I took him on the 7th of this month; I met him in Fleur-de-lis-street, it goes from Shoreditch to Wheeler-street;
I asked him what he had under his arm; I saw it was a bundle; he told me he had a piece; I asked him a piece of what; he said,
a piece of his own property; I told him, I had some suspicion it was not his own property, and he must go to the Justice to
prove it was his property; it was a piece of calico; Armstrong was with me at the same time, and he took it from him.
How came you to suspect Usher?
- From a little bit of an information.
He was a little shy? - No, he
never offered to run away.
JOHN ARMSRTRONG sworn.
I was with Harper, we met with
Usher; he had a piece of goods which he said he bought of Terry Finley; here are two more pieces which Usher afterwards brought
to the office; this is the piece I took from him.
(Producing it.)
Mr. Garrow. You have had a little
acquaintance with Usher before? - No, I have never had him in custody before.
ISAAC USHER sworn.
There is a piece of callico there,
where did you get it from? - I had it from Terry Finley.
The other two you afterwards
brought, where had you them from? - From the same person.
Mr. Garrow. May we ask how much
you gave for them? - If you please.
If you please to answer it? -
I gave sixteen-pence a yard.
Do you mean to swear that? -
I did.
And paid for them at the time
you had them? - Yes.
Before you were taken into custody?
- Yes.
That is a high price for you
to give; is it not? - I have told the truth.
How came you to give that price?
- Because I could not get them cheaper.
Where did you buy them? - Of
Terry Finley, at his own house in Back-lane, Rag-fair, the day before I was taken up.
How long have you dealt in calico?
- I deal in any thing.
I suppose so; but how long have
you been a dealer in calico? - I gave a fair judgment for it.
You will have a fair judgment
some time or another? - When I can buy any thing I do; I am a dealer.
You have been a dealer a long
time? - I cannot tell.
But you deal in any thing and
every thing? - Yes.
Do you keep a shop? - No.
Did you pay it in cash or bank-notes?
- No, in gold and silver.
How much did you pay him for
these goods? - Two pounds thirteen shillings for two pieces; that was the first time, and I gave him one pound seven shillings
for the last piece.
TERRY FINLEY sworn.
I live in Cable-street, Back-lane.
Those calicoes which Usher had,
do you know where they came from? - On the 10th of January I was out; my wife sent for me home; when I came home, there were
three men round my door, and two withinside.
Who were the two men on the inside?
- The man with the one eye (Briggs) and the other, he with the silk handkerchief, (Goldsmith.)
You don't know who the men at
the door were? - No; when I went into the house, there were five pieces, four white and one Stormont, which I agreed with
Goldsmith to give them three guineas and an half for; Briggs came the next day and another man; I believe him in the white
jacket (Hoy) I don't know his name.
You are sure that is the man
that came with Briggs? - I cannot be positive, they told me I gave them a light guinea the night before, which I changed,
and they told me they had some more, and they said they did not like to bring it down Back-lane, on account of the runners
being about there; with that I appointed a place in East Smithfield; I took Briggs with me,; he looked at the place, and said
he liked it very well; Briggs and Goldsmith, and another, brought me, on the Sunday night following to this room in Smithfield
three pieces; we appointed a place to meet Briggs, at a public-house, on Tower-hill.
Confine yourself to those pieces
of calico that belong to Mr. Smith? - I don't know which belongs to Mr. Smith; I thought they all belonged to Mr. Smith; Shakeshaft
has the other pieces.
(Shakeshaft produced the pieces
which he said he had of Finley.)
How many pieces did you purchase
the first time? - Five.
How many pieces did you purchase
before the 21st of January? - I purchased none before the 21st of January.
When did you purchase these?
- The 10th of January I purchased five pieces, and on the Sunday night following I purchased three pieces, and on the Monday
night I purchased five; those that are produced I purchased of Briggs and Goldsmith.
Shakeshaft. I produce three,
and Armstrong produces three pieces.
To Finley. You purchased all
these of Briggs and Goldsmith? - Yes.
Were any body else with them?
- Yes, the first time they came to the Black Horse, that was on the Tuesday night, there were five in company.
Who were those five? - I only
went in at the door of the Black Horse, and Goldsmith and Briggs came out to me, I don't know any of the other three.
How many did you see at any other
time? - There were three when they came with the light guinea? - I don't know any but Briggs and Goldsmith.
Out of the six that are produced,
you sold three? - I sold three to a pedlar, one Johnson, that goes about the country, and I sold three to Usher, and three
that are now produced; I purchased fifteen in the whole.
Mr. Garrow. You are a wholesale
calico warehouseman, are you? - No.
What trade are you? - A shoe-maker.
You don't make women's shoes
of this, do you? - No.
How came you to be dealing in
this? - I have dealt in it a great while; I have been guilty of bad faults in buying things that were stolen.
How long have you been a receiver
of stolen goods? - About a couple of years, off and on.
Have you had any intervals of
honesty in the two years; very short ones I am afraid; have you been here before? - Yes.
How often? - Twice, I believe.
No oftener? - No.
Twice as a witness? - As a witness.
Or in that place (pointing to
the bar)? - I was once in that place.
How long ago? - Two years ago.
What was that for? - For what
I was honorably acquitted.
What was it you was acquitted
of? - I do not know what I was indicted for.
You really do not know what you
was tried for? - For nothing.
How long have you been acquainted
with Usher? - Seven or eight years.
Have you had dealings with him
much? - Yes.
In that way of business? - Yes.
Nothing came amiss to either
of you? - No.
Now what price did you give for
the first parcel you had? - Three guineas and a half for five pieces.
How many did you sell to Usher?
- None of the first five.
What did you give for the next?
- For the next three, I gave two guineas and a half.
Were they what you sold to Usher?
- I cannot tell particularly.
What did Usher give you? - Sixteen-pence
a yard.
Why were you at the trouble of
measuring them between you and your friend Usher? - I never measured them.
Never measured them, and yet
sell them by the yard? - The people I bought them of, told me they were two yards and a half.
Who was present when you received
the money from Usher? - My wife.
That was all you received of
Usher? - Yes, except a year ago; it was one pound six shillings and eight-pence; I did not take the halfpence.
So that a guinea and five shillings
and six-pence was all? - Yes.
You only sold him three pieces?
- No, two at one time, and one at another.
What was the one pound six shillings
and eight-pence for? - For the one.
What did he pay you for the others?
- One pound six for each of the others; that was two pounds twelve shillings.
What did you mean by telling
me that one pound six shillings and eight-pence was all that you received from Usher, except a year ago? - That was a mistake.
Have you not been here since
you was tried? - Not to my knowledge.
Recollect yourself; upon your
oath, have you ever been examined here as a witness? - I never have, not before to-day.
ANN FINLEY sworn.
I am the wife of the last witness;
on the 10th of January, about seven or eight o'clock in the evening, or it might be later, five men came to my house; two
of them were Briggs and Goldsmith; I did not know the other three; they asked for my husband, he was out, I sent my servant
to call him; while the servant was gone, each of the men pulled a piece of calico from under their coats; I desired three
of them to go out, for my husband would only deal with two of them at once; my husband came in and bought the five pieces
of Briggs and Goldsmith, for three guineas and a half.
Did he afterwards sell any to
any body? - Not that I know of.
Do you know Usher? - Yes.
When did you see Usher after
this? - I cannot say when; I saw him some time afterwards.
Mr. Garrow. You have a slight
acquaintance with Usher? - Yes.
He does not deal with your husband?
- I cannot tell that he does.
He does not deal with you of
course? - No.
Where did you keep these goods?
- In the cock-loft.
You never received any money?
- Yes, soon after this, my husband told me to receive two pounds thirteen shillings of him.
Was that all you received of
him? - I received one pound six shillings and sixpence afterwards.
How came you not to mention that,
when you was asked how soon after you saw Usher? - I do not know.
Your husband never deals with
five people at a time? - No.
How long have you been married?
- Fifteen months.
He has carried on a roaring trade,
has not he? - Not that I know of.
For what reason did you desire
the three men to withdraw? - Because my husband ordered me.
Your plant was in the cock-loft?
- Yes.
Explain to the Jury what a plant
is? - Where we put things.
The plant is where you keep stolen
goods; is it not? - Yes.
Why was you to receive this money,
and not your husband? - I do not know.
Your husband was by? - No.
Was he present or not? - I cannot
rightly say.
What part of the house did you
receive it in? - In the back shop.
What shop do you keep? - A clothes-shop.
Was he in the house? - Yes.
Was he in the room? - I do not
know.
You are sure he did not enter
into any conversation with you and Usher about the money, or about any thing else? - No.
Did you receive any halfpence
in change? - No.
How happened that, because you
know it came to eight-pence? - He did not give me the odd two-pence.
You received these monies at
different times? - Yes.
Was your husband present at either
of the times? - I cannot say.
CHARLES SIBERY sworn.
I am a calico printer, I was
servant to Mr. Smith of Old Ford; on Tuesday night the 8th of January, Hoy, Briggs, and I were together at the White Horse,
Old Ford, and we consulted how we should rob Mr. Smith's ground; we were to rob the shop on the Wednesday night; we were to
meet at the White Horse, Old Ford, but when I went to unkey the window, there came one of the men into the shop; upon that
I went out again; when Briggs and Hoy and I met, I told them I could not do it, because one of the men came into the shop;
we agreed to meet the next night, and I was to acquaint Jervais with it; after I had done work on Thursday night, I saw Jervais
at the door, I told him it was very easy to rob the shop, if he would be agreeable, which he consented to; and I told him
to go and unkey the further window in the shop; then we both went up towards the White Horse, we sat there till about six
o'clock; then Joseph Briggs came in, and we told him every thing was ready; after being in for some minutes, Briggs went out,
then Jervais and I followed him; there we met Briggs, Hoy, and Goldsmith, very near the White Horse; we went all together
towards Mr. Smith's shop; going along, Briggs stopped and got a sack; Jervais and I, and Goldsmith and Hoy, went on towards
the shop; Jervais and I went up to the shop window first, and let down the bar, and opened the window shutter, and then I
went away, a little way below the shop, and left Jervais.
For what purpose? - To look out,
to see if any body came along; when I went away Briggs and Goldsmith came up to the window, and one of them, I do not know
which, broke a pane of glass; I thought I heard somebody coming down the lane; I went away towards the window, and told Briggs
and Goldsmith; Briggs threw the sack over the pales opposite the shop; then we went away to the end of the wall.
All of you? - No, Jervais was
in the shop.
Did you see him in the shop?
- No.
When you all went up there, you
did not see Jervais at that time? - No, when we found there was nobody coming, we went back again, and I went to the same
place where I was before; I saw some pieces come out of the window.
How do you mean? - They were
put through the pane of glass that was broke, and thrown over the pales where the sack was.
Who threw them over the pales?
- I cannot say which it was; after that, Jervais came out, then Briggs got over the pales; Goldsmith, Hoy, Jervais, and I
went up to the further end of the pales, where Briggs brought the sack, and threw it over; Goldsmith took it upon his back,
and carried it a little way up the lane, with the assistance of the rest of us; we carried it all through the fields, till
we came to the field but one joining to the Gravel Pit at Old Ford, then we took five pieces out of the sack, each of us put
one round our bodies, then we carried the sack and buried it in the Gravel-pit-field, under some loom, and then we all sat
off down the alleys towards London, and came out at Mile-end-road; we went into Back-lane, to Terry Finley's; Briggs and Goldsmith
went in first, after they had been in some time, Goldsmith came, and called Jervais, Hoy, and I in; we went in, and each of
us took a piece from round our waists, and threw them on the stairs; Mrs. Finley told us we must go out, for her husband would
not deal with more than two at a time; accordingly Hoy, Jervais and me went to the Gun and Holly-bush, in the lane; after
we had been there some time, Briggs and Goldsmith came in to us; Briggs said he asked Mr. Finley seven guineas for the five
pieces, but he could get no more than three guineas and a half; then we went to another public house, and shared the money;
then we went as far as Bow together, there we parted with Goldsmith and Hoy; I went and delivered myself up to Mr. Leach and
Mr. Newton.
Did you tell them of this robbery
of Mr. Smith's? - Yes.
Did you tell them that all these
prisoners were concerned with you? - I do not know that I did.
Mr. Garrow. Before you was in
custody you certainly gave an information? - Yes.
Somebody else was in custody
who could have informed against you, I believe? - Yes.
That is the merit of your information;
who was it that was in custody at that time? - Jervais, Briggs and Doust.
You did not say a word of this
to anybody, till you yourself expected to be taken up and hanged? - No, I cannot say I did.
You began your evidence by saying,
we met together, and consulted how we could do this? - Yes.
Upon your oath who proposed it
to the others? - I believe I did.
Upon your oath have you any doubt
about it? - No.
Then we may understand you, that
you proposed to Briggs and Hoy to rob your own master, and then agreed with them to endeavour to draw in Jervais, who was
a servant to the same master? - Yes.
A poor lad who had, before this,
borne a good character? - Yes.
You said one of them broke the
window; upon your oath did you not do it yourself? - No.
You was not at the window at
the time it was broke? - No.
Were there no calicoes on the
bleaching grounds at that time? - None of them were on the grounds.
I know none of them, but were
there any upon the bleaching ground? - I cannot say.
Recollect, because you cannot
possibly fail to know that; the workshop joins the bleaching ground, does it not? - Yes.
Did you not propose to break
the house rather than the grounds, that you might get these people into the scrape, and get the reward? - No.
How long had you lived with this
master to whom you was so faithful? - I believe about six months.
You found Jervais living there
when you first went to live there, and in possession of a good character? - Yes.
He knew nothing of it till you
were all agreed? - No.
To Royle. Look at those calicoes,
and see if you know them again? - I know the pattern very well; I printed twenty pieces of the pattern.
Are those the pieces you left
under the table? - The ends being torn off, I cannot swear to them; the ends were on every piece I left under the table; the
ends were numbered, and I have the numbers of the pieces that were stolen, in a book at home.
Are those finished? - No, they
are in the first state in which they are printed; there was another colour they had to go in, and then they were to be boiled
off; they are in the state of those that we lost; a paste was to be put in to save the eye, and they were to be stormonted;
I did twelve of them, but the eight that were to do, the paste did not answer the purpose.
That was to fix the colour? -
Yes.
Have you any doubt about this
being property that was lost that night? - No, every piece here seems to be in the same state.
Unfit for sale? - Yes.
Mr. Garrow. This is not an uncommon
pattern; is it? - We have not a pattern that I know of like it; it is a new pattern.
Have you seen, since those were
lost, any patterns of Mr. Greaves's before the Justice? - No; I have not seen any till I saw this to day.
To Mr. Smith. Do you know that
piece? - There has been a name taken off; I have a piece (producing it); part of the goods of this man's printing, which was
left in another room, at the time the robbery was committed; this was sent to the office that they might know the pattern
when they saw it.
Is it a new pattern? - Quite
so; they never were printed before; our patterns are confined to our own houses.
Court. You have sold none of
this pattern yet? - None.
None of the trade that you know
of had that pattern? - No.
Jury. Were the calicoes all of
the same width and quality? - All the same.
Do those exactly correspond in
width and quality with what you lost? - Yes.
To Finley. Did you buy the calicoes
all of the same persons? - Yes; of Goldsmith and Briggs.
Jury. Were the fag-ends to them
when you bought them? - Yes; I pulled them off, and burnt them.
Were there any marks upon them?
- Yes,
"Smith, Old-Ford."
The prisoner Briggs said nothing
in his Defence.
GOLDSMITH'S DEFENCE.
I know nothing about it.
Jervais. I leave my defence to
my counsel.
HOY's DEFENCE.
I sailed with Mr. Hindes, of
Bow, to the East Indies, for the East India Company, and he would have been here, but he has a bad state of health; he has
sent this paper.
Court. That cannot be admitted.
Briggs called one witness, who
gave him a good character.
Jervais called four witnesses,
who gave him a good character.
ALL FOUR NOT GUILTY.
Tried by the first Middlesex
Jury before Mr. Baron THOMPSON.