ex 
 
 LIBRIS-
 

 
 7)rtnr/t fhi/n Li/i /// 
 
 From the Scarce Oiioinal ftint . 
 
 o
 
 Ex Libria 
 C. K. OGDEN 
 
 HONE's 
 
 INTERESTING HISTORY 
 
 OF THE MEMORABLE 
 
 BLOOD CONSPIRACY, 
 
 CARRIED ON BY 
 
 S. MAC DANIEL, J. BERRY, J. EG AN, and J. SALMON, 
 
 AND THEIR 
 
 TRIALS AND SENTENCES, 
 
 IN 1755, 
 
 FOR PROCURING TWO BOYS TO COMMIT A ROBBERY, IN ORDER TO GET THE 
 
 REWARD FOR THEIR CONVICTION, AND OBTAINING AN INNOCENT 
 
 LAD TO BE EXECUTED, HAVING SWORN AWAY THE LIVES 
 
 OF SEVENTY POOR CREATURES, AND RECEIVED 
 
 1,720 FROM THE TREASURY 
 
 FOR THEIR 
 
 BLOOD-MONEY; 
 
 ALSO THE REASONS FOR WHICH THEY WERE SUFFERED TO ESCAPE THE 
 GALLOWS, AND ILLUSTRATIVE LEGAL AND CRITICAL 
 
 APPLICABLE TO 
 
 PRESENT CIRCUMSTANCES. 
 
 With a Portrait of Mac Daniel, after he icas Pilloried. 
 
 Eonftm: 
 
 PRINTED FOR WILLIAM HONE, 55, PLEET STREET. 
 
 1816. 
 
 One Shilling,
 
 J. AMLA&D, i'riuter, siJ, Bartholomew Close.
 
 LIBRARY 
 
 4 UNIVEJ^T'-Y OF CALIFORNIA 
 
 L? v 
 
 SANTA BARBARA 
 
 
 THE MEMORABLE 
 BLOOD CONSPIRACY, &c. 
 
 RIGHT Reverend Prelate once informed the good people of 
 this country, that they had nothing to do with the laws but to obey 
 them ; and many genteel persons are so favourable to the doctrine, 
 that they are scandalised at every expression of honest indignation 
 excited by some notable proof of their impolicy, partiality, or in- 
 justice. The indulgence claimed for the laws, too, must be ex- 
 tended to their administrators; and we are gravely called upon, not 
 only to make the usual allowances for human infirmity, bnt abso- 
 lutely to forego that vigilance and exposure of abuses, without 
 which laws would soon become the mere discretion of the magistracy. 
 Now, with ail due respect to the powers that be, it may be con- 
 tended that almost every improvement, both in theory and practice^ 
 has original ed in this country f torn EXTRA-OFFICIAL interference i 
 and that public opinion, freely but decently expressed, is as essen- 
 tial to the regulation of the magistrate as the criminal. All the 
 world knows what implicit confidence engenders in this respect, and 
 how round and voluble the exclamation of "All's well" is re- 
 echoed from one worshipful quarter to another, until humane and 
 public-spirited individuals penetrate into the painted sepulchre, and 
 draw forth the rottenness and bones. Away, then, with this trust 
 and this apathy, which cannot be afforded to any body of men. If an 
 administrator of criminal law be seen presiding over a case of life 
 and death with the spirit of a rat-catcher, acting as counsel, nay as 
 a friend, to the prosecutors ; and if, disregarding the light and 
 shade of circumstance, a human being should be hurried out of 
 the world whose guilt is more than doubtful, let not " respectable 
 persons" stifle their genuine feelings, and exclaim " It is a sad 
 thing, to be sure ; but the individual is hanged now, and if we 
 meddle it will only unsettle the minds of the lower orders." 
 J.oirer orders ! it would be dim' cult to discover an order lower 
 than that which contains minds to whom urh abuses are indif- 
 ferent.
 
 The title of these sheets will naturally lead the intelligent reader 
 to the immediate cause of the foregoing observations. He will 
 perceive that they are suggested by the recent discovery of the ne- 
 farious proceedings of certain retainers of the police; the publicity 
 of which is another awkward particular for the philanthropists whose 
 sympathy evaporates in " Dear me ! a sad thing, indeed !" &c. &c. 
 If this abominable iniquity were new to the country, or one of those 
 isolated instances of human depravity which now and then arise to 
 disturb the settled conceptions of society, it would afford little 
 room for observation ; but such is not the fact. Almost every one 
 has heard of Jonathan Wild, and seen the Beggar's Opera : Jona- 
 than, by polite people, is doubtless put upon the shelf with Nero, 
 as an impossible repetition in these humane and civilised times, and 
 the Beggar's Opera laughed at as a joke. Be it known, therefore, 
 to the worthy souls who so pique themselves upon superior national 
 morality, that English Jonathans exist in this said year 1816; and 
 that the Beggar's Opera, which was only a slight caricature of the 
 abuses of the day in which it was written, is not wholly pointless at 
 present. Be it known, also, that in the year 1 756 a similar disco- 
 very of conspiracy, murder, and perjury, for reward, was discovered 
 among the attendants of justice, as at present; and hence the 
 scandal of persevering in a system so calculated to confirm guilt and 
 ensnare innocence as that of blood-money, which is a premium for 
 the cultivation of petty criminality into the high or rewardable. 
 The extreme licence given to the men whose interest it is to con- 
 vict, cannot be too much decried; and the preference with which 
 their bare unsupported testimony is frequently received, is a perfect 
 anomaly to the doctrine laid down in other cases. What may be 
 we learn by what is discovered; but how frequently innocence has 
 suffered, dishonesty been tempted, and justice deluded, we know 
 not. Of this we are certain, that in 1756 a system of horrible 
 treachery, conspiracy, and murder, took place, which is repeated in 
 18 16, with permission, and with such a nicety of resemblance that, 
 as far as the examinations have hitherto proceeded, the one may be 
 considered an echo to the other. It is this resemblance which 
 suggests the present account of the thief-takers, MACDANIEL, 
 BERRY, SALMON, and EGAN. To display the results of a like 
 discovery many years ago, may tend to enlighten the public on 
 the subject of such crying evils. It may do more it may shew 
 that a system, which from time to time has produced such monstrous 
 iniquity, is radically defective, and, in this sense, assist a noble- 
 minded individual (Sir Samuel Romilly) in his ill-repaid labours. 
 There is also a Police Committee of the House of Commons exist- 
 ing, to whom the account, accompanied with a little brief annota- 
 tion, suggested by the striking coincidences of the present day, may 
 be welcome. An account published at that period, from which 
 several of the ensuing facts have been extracted, opens with coarse, 
 but honest and even eloquent, simplicity, as follows:
 
 HISTORY of the THIEF-TAKERS, 
 
 STEPHEN MACDANIEL, JOHN BERRY, JAMES GAHA- 
 GAN, OTHERWISE EGAN, AND JAMES SALMON. 
 
 NEVER was wjckedness carried to so monstrous a height, or so 
 long escaped with impunity, as the horrible villainies of these 
 miscreants, whose history we here offer to the public view. Nor 
 can the records of any nation upon earth, how barbarous and sa- 
 vage soever they may be represented, furnish such a continued series 
 of inhuman and unprovoked cruelties and murders, executed by 
 any set of men, as have been perpetrated by these incarnate demons, 
 under the mask of doing public justice : nay, it may be truly af- 
 firmed, that, were we to search the journals of the OLD BAILEY 
 for an hundred years past, we shall not mid their equals in relentless 
 cruelty.* They made no scruple of sacrificing the lives of a great 
 number of innocent persons, with no other view than to get money; 
 and, as an aggravation of their crimes, they always added perjury to 
 murder. They laid snares for the unwary, forged robberies for 
 those who were never guilty of them, and fixed them in open court, 
 by the most solemn appeal to God, when, at the same moment, 
 their consciences told them that every fact they swore to was abso- 
 lutely false. And so artfully were their iniquitous schemes con- 
 trived, that it was almost impossible for the person whom they 
 doomed to the slaughter to escape the snare. They had their ter- 
 riers to start the game, while tins pack of bloodhounds were watch- 
 ing to devour it. They always had their under-agents to seek out 
 the object for a victim, which they themselves undertook to butcher 
 at the altar. 
 
 Nor was London the only stage on which they exhibited their 
 barbarous practices ; for they were frequently seen at assizes in se- 
 veral parts of the country, pursuing the same hellish designs of 
 swearing innocent people out of their lives for the reward. 
 
 For twenty years and upwards had these blood-suckers been 
 preying upon the lives of poor heedless creatures, who had beert 
 griped to death by their merciless talons. Scarce a sessions was held 
 at the Old Bailey for many years before, but some unhappy wretch 
 liad been sacrificed to their cruel avarice. And so hardened, so lost 
 to all sense of humanity, compassion, and remorse, were these 
 
 * Is this an anti-climax? if so, it is excusable while contemplating a 
 ease like that which it introduces. It is pleasant to read the observations 
 of certain high-toned journalists upon the demoralization of a neighbouring 
 country let them look at home. If a conspiracy resembling the recent 
 discovery had transpired in France, with what remarks should we not have 
 been edified. The mischief would instantly be traced in a right line to 
 Rousseau and Voltaire, whose horrible volumes, some sapient private 
 letter-writer would assure us, held a conspicuous station on the book-shelyes 
 flf the Parisian Mr, Vaughan.
 
 6 
 
 abandoned villains, that, upon sharing the reward on the conviction 
 of any criminal, whom their perjuries had made so, they always 
 had an entertainment, which they very justly called the Blood- 
 Feast ; at the conclusion of which they concerted measures for 
 their next enterprise, and consulted for pitching upon the unfortunate 
 wretch who was to be the new object of their sanguinary prosecu- 
 tion, and accordingly gave directions to their indefatigable agents, 
 who never failed to bring in the prey they were ordered to hunt for. 
 So frolicsome were they on these occasions, that, if any one of them 
 happened to miscarry in the prosecution, he was sure to be the 
 jest and banter of the whole company. 
 
 In 1740, John Berry enticed LYON ALEXANDER, a poor Jew 
 boy, into a house, where were Currant, Deadman, and Unwin, 
 all thief-takers, under pretence of giving him a shilling to carry a 
 bundle. They spirited him off to Greenwich as a runaway seaman; 
 they beat him with their sticks, and broke his fingers ; they then 
 gave him in charge to a constable as a footpad, carried him before 
 a magistrate, and Berry and Deadman swore to being robbed by 
 him, and Unwin and Currant that he had been an evidence at the 
 Old Bailey, and hanged five or six people. The unfortunate Jew 
 lad was committed to Maidstone gaol for trial, about a week before 
 the assizes ; but, having friends who employed a lawyer in his de- 
 fence, Berry and his gang never appeared to support the indictment 
 they preferred against him, and one PRITCHARD (whom they had 
 previously got committed, but ran away) ; and Alexander and Prit- 
 chard, an equally innocent lad, entrapped by the wretches in the 
 same way, were cleared. Alexander's friends happening to say in a 
 tavern at Rochester that they would give 501. to have the villains 
 apprehended, a kinsman of Un win's undertook to effect it, and 
 Berry was actually taken, arraigned, pleaded guilty, fined, and im- 
 prisoned. Unwiu's friends compromised for 201. ; Currant was 
 taken, but escaped out of a coach, and was never afterwards heard 
 of; and Deadman was never taken, though often attempted, always 
 going armed : he once shot at his pursuers, afterwards commuted a 
 highway robbery, was taken for that at Oxford, lodged in gaol 
 there, and, attempting to escape by murdering the keeper, was 
 himself killed. 
 
 In 1744, STOCKDALE and JOHNSON robbed and murdered the 
 penny-postman at Enfield, and were tried for it, and hung in chains 
 near the spot ; shortly afterwards two letters were written to the 
 Earl of Leicester, one of the postmasters general, threatening him 
 with fire and sword if the bodies were not taken down. The Earl 
 offered 5001. to any person discovering the writer of the letters, 
 copies of which were published in the advertisement. John Berry, 
 one of the gang, afterwards detected, wrote copies of the letters with 
 a design of slipping them into the pocket of some person of bad 
 character, and then, by having a constable ready to search him, and 
 I he letters being found upon him, witnesses were to be produced to 
 swear they were his hand-writing ; and thus Berry was to become
 
 Entitled to the 5001. reward. The plan, however, was not executed; 
 but it was believed at the time that Berry was the author of the 
 original letters, in expectation of a large reward being oftered, to 
 give him an opportunity of convicting an innocent person. 
 
 Some years afterwards, James Gahagan, otherwise Egan, another 
 of the conspirators, prosecuted a young fellow for robbing him in 
 the fields. At the trial, he first swore he was asleep under a hay- 
 cock ; but, being furtlier examined by the court, he declared he 
 was walking in the fields. On so manifest a contradiction, the 
 prisoner was acquitted. This was a large field for Stephen Mac- 
 daniel, another blood-money man, to play upon Egan, and he did 
 not spare to rally him sufficiently for his awkward and ridiculous 
 management; telling him lhat, when he himself prosecuted, he al- 
 ways made, sure woi'fc of it* 
 
 It were easy to fill a large volume with accounts of the horrid 
 schemes and diabolical practices of these monsters of human na- 
 ture ; but we choose to confine our history to the time \vhen thief- 
 taking was followed as a trade, and when these execrable wretches 
 4>egan to be supported and encouraged by some magistrates, who, 
 it may reasonably be presumed, profited by their labours ; since, in 
 public advertisements, they had not been ashamed to call them 
 -very honest fcltotvs, and men who hazarded their lives for the sake 
 of their country. f 
 
 Macdaniel had been a highwayman, and was taken with his com- 
 panion, whom he became King's evidence against, and hanged. 
 He was afterwards a Marshalsea-court officer and professed thief- 
 taker. In 1?50, he prosecuted THOMAS DUNKIN and EDWARD 
 BRUSBY, at the Old Bailey, for robbing him in Pancras Fields of 
 2s. 2d. in money, and shooting at him ; but a man who was with 
 Macdaniel at the time swore that the prisoners were not the men, 
 but that, coming by shortly after the robbery, Macdaniel seized 
 them. They were acquitted, aud Macdaniel lost the blood-money. 
 The first enterprise we shall detail, in which Macdaniel, Berry, 
 James Salmon, and Egan, were engaged, was in the year 1/51. It 
 was the prosecution of NEWMAN and MARCH, two unfortunate 
 young lads, whom they had singled out as very proper objects for 
 their purpose. 
 
 William Newman and James March were indicted for that they, 
 in a certain passage or open place near the King's highway, ou 
 James Daniel did make an assault, and steal from his person oue haf, 
 value 1. 6'd. one silk handkerchief, one pair of leather shoes, one 
 penknife, and Is. 6d. in money, on September 2d, 1750. This was 
 
 * The same elegant raillery appears to have mingled in the conversation 
 /of the conspirators of 1816. 
 
 t Times are not materially altered in this respect ; we may all recollect 
 instances of magisterial protection quite as disinterested and judicious. 
 We know that, in spite of notorious fact, an important prison was long 
 left under the suprimeridaace of an individual who merited one of its 
 cells, Whj?
 
 the crime charged in the indictment, but had no foundation i 
 truth or fact. The scheme was artfully contrived by Macdaniel, 
 Berry, Salmon, and Egan, in order to take away the lives of these 
 two silly youths, whose follies and bad conduct they knew had ren- 
 dered them fit for their purpose : however, as they did not think 
 proper to appear themselves as witnesses, it was judged necessary to 
 list some others into the service, to do the dirty work for them, for 
 which they were promised an equal share in the reward. Pursuant 
 to this plan of operation, they procured one James Daniel to be 
 the person who was to be robbed ; Timothy Brads was to corrqbcv 
 rate Daniel's evidence, by swearing he was in the prisoners' company 
 when the robbery was committed ; and Woodward Harlow, a thief-' 
 taker , was to be the person to seize them. 
 
 Accordingly, when the trial came on, James Daniel swore posi- 
 tively that, on the day laid in the indictment, he had been witli a 
 young fellow part of the way to Coventry, and on his return home 
 called at the Two Brewers ait Hockley-in-lhe-Hole, where he drank 
 a pint of beer. Coming out into -the street, he saw three men 
 standing by a lamp, two of them had hats and the other a cap. 
 They crossed over to them, and one of them laid hold of his collar, 
 and swore he would knock his brains out if he stirred ; and the 
 other took off his hat, and put it on March's head. Then Newman 
 put his hand in his pocket, and took out one shilling and sixpence. 
 They took from him likewise a penknife and a handkerchief, in 
 which was tied up a pair of shoes. They then ran away, and he 
 went on. 
 
 Timothy Brads, who was the instrument which the gang made 
 use of to decoy Newman and March into a robbery, did for that 
 end make himself a party with them ; but, to prevent his being 
 involved in the same fate, these demons we are treating of took care 
 to have him admitted an evidence. Accordingly, he swore on the 
 trial that he and the two prisoners went out together with the fuU 
 intent to rob ; and, coming up with the prosecutor on Saffron-hill, 
 he followed them into George-yard, and with the help of the two 
 prisoners robbed him of the things above-mentioned, which they 
 divided among them. 
 
 A robbery being thus plainly proved by positive evidence, the 
 falsity of which it was impossible either for the prisoners to make 
 appear or the court and jury to detect, they were both found Guilty 
 Death. 
 
 Newman, in the confession he made a little before his execution, 
 said he was near twenty-one years of age, and born in St. Giles's 
 in the Fields; and that, as to the fact for which he suffered, it was 
 a scheme laid to take away his life for the sake of the reward : that 
 indeed he and Brads did go out together, and wandered they scarce 
 knew where, but happened to stumble into George-yard, where 
 they saw a man sleeping in a cart, from whom he owned the things 
 were taken ; but they went off, and left the man as fast asleep as 
 they found him. From hence he concluded that it was the desigu
 
 of Brads to ensnare him and March, because, as soon as they left 
 the man, Brads went away, and he saw him no more till he was 
 apprehended by the thief-taker, who was directed by Brads where 
 to rind him.* March was but 1 7 years old, had no education, and was 
 apprenticed to a waterman, whose service he quitted to associate with 
 all the idle vagabond boys he could meet with ; which at length 
 proved his ruin. He was ignorant almost to stupidity, and there- 
 fore it was no wonder he said nothing. Nor is it at all surprising 
 that these two poor unhappy creatures should fall into the snare so 
 artfully prepared for them by the villainous intrigues of this rapa- 
 cious and bloody gang. Harlow, who had been let into a share in the 
 blood-monev, refused to allow Mac Daniel any part of it, because 
 he tlid not mount that is, appear on the trial as an evidence ; but 
 Mac Daniel arrested Harlow, who, afraid of the story coming out, 
 gave Mac Daniel forty pounds to compromise the matter.f 
 
 James Daniel died soon after, and, with great anguish of mind, 
 confessed that the boys were innocent. 
 
 The gang now took into their service Thomas Blee, the future 
 evidence against themselves, and consulted with him to find out a 
 fit man for their purpose, who was poor and destitute ;| accord- 
 ingly he met one CHRISTOPHER WOODLAND, to whom he gave 
 a dram, and soon got acquainted with him. The scheme laid to 
 entrap him was contrived in this manner : Egan was to take the 
 lower part of Berry's house on Saffron-hill, which he did, and some 
 goods were to be borrowed of Mrs. Jones the broker; Tom Blee 
 was to engage Woodland to assist him in breaking open the house 
 and taking the goods; Woodland was to be seized, and Blee 
 escape. 
 
 Blee and Woodland went together ; Blee took off the padlock, 
 vvhicli he had been concerned in putting on, and brought out the 
 things in a bag left there on purpose, and gave them to Woodland 
 to carry off: it was concerted that the goods should be carried to 
 
 * Brads was a tailor's apprentice, inveigled by a promise of an equal 
 share in the reward, which amounted to 2801.! and which the gang received. 
 They gave him only nine shillings; and he, with a most rational appre- 
 hension of becoming a victim to his own companions when ihey might be 
 at a loss, sold himself to the American plantations. 
 
 r Macdaniel was more successful than his companion Harlow; for John 
 Simmons, alias Spanish Jack, who was executed at Maidstone in April 
 1756, there confessed that he had had dealings with the thief-takers then 
 in Newgate, as well as with those at liberty ; and declared that, in Sep. 
 tember 1751, at the instigation of Macdaniel and others, he enticed WM. 
 HOLMES, JOHN NEWTON, and FRANCIS MANDEVILLE, to commit a rob- 
 bery in Whitechapel, who were apprehended by ihe gang, tried, and exe- 
 cuted at Tyburn, he being admitted an evidence; and further, that they 
 had 4201. reward, but that they got only 101., Macdaniel cheating him of 
 the rest of his share ! 
 
 % Poor and destitute ! Go to Newgate, reader; or, if now happily too 
 late, enquire after the poverty and destitution of the three unfortunate 
 Irishmen thus ensnared and couvioted of coining.
 
 10 
 
 Mrs. Jones's, from whence they came, which was done that night; 
 end, after bargaining for them, she gave them a shilling in part, and 
 they were to call the next day for the rest. 
 
 This scheme was pursued in every particular, and Woodland was 
 seized the next day, and brought to his trial, and indicted for that 
 lie, on the 3d of December, about the hour of nine at night, the 
 dwelling-house of James Egan did break and enter, three linen 
 Bhirts, value 4s. one pair of blankets, value 5s. one linen counter* 
 pane, two smoothing-irons, four candlesticks, four plates, and a 
 pair of metal shoe-buckles, the goods of the said James, in the said 
 dwelling-house, did steal, take, and carry away. 
 
 In order to prove the fact charged in the indictment, Egan swore 
 that about eight o'clock at night of the day above-mentioned he 
 went out, and, coming in a little before ten, he found the padlock 
 taken from off from the door, and the stock-lock broke ; that his 
 .house was fast before he went out ; that he found a strong chissel in 
 the house, with which he supposed it was broke open. Upon his 
 missing the things, and talking of it publicly, one Mrs. Jones, who 
 keeps a broker's shop in Broker's-alley, sent to him the next day to 
 acquaint him that she had the things. Accordingly, he went and 
 received them. The prisoner was taken, and carried before Justice 
 St. Lawrence, who asked him how he came by the things? he said, 
 he was at the house with some other company, and that he held the 
 bag while they put them in ; and that it was the first fact. Then 
 Egan, upon searching him, found the buckles wrapt up in his 
 'apron. 
 
 Mary Jones, who had lent these goods to Egan on purpose that 
 he might be robbed of them, deposed that she lived in Broker's- 
 alley, by Drury-Iane; that the prisoner and another person (meaning 
 Tom Blee) came on the day laid in the indictment, about four 
 o'clock in the afternoon, to her house, and asked her if she would 
 buy some things. She desired to know what they were ? They 
 said they would bring them presently, went away, and came again 
 about nine o'clock, and brought the things. She told them she 
 would not look at them that night, because it was too late. They 
 came to her again the next day for the money for the goods. She 
 bid them go to some place, and stay a little. Accordingly they 
 \vent to a public-house in Long Acre, where she followed them, in 
 order to have them secured. She stopt the prisoner, but the other 
 ran away ; and the prisoner then said he brought the things from a 
 house on Little Saffron-hill. She said, How did you get into the 
 house ? he replied, There was a fellow who broke open the door, 
 who went in, and he after him, and he put the things in the bag, 
 aud brought them away. She then sent a man to Saffron-hill, to 
 enquire what house \vas broke open, who found the prosecutor dis- 
 coursing about it, and brought him back with him, and they took 
 the prisoner to Justice St. Lawrence, who, after examination, com- 
 mitted him. 
 
 The prisoner, in his defence, said, It was the first fact he wa%
 
 II 
 
 ver guilty of in his life, and did this for want. Guilty of Felony 
 only. 
 
 But, however dexterously this fine scheme was contrived, the 
 projectors missed their aim; for, the jury finding the prisoner guilty 
 of felony only, he was transported, and consequently they lost 
 their expected reward ; which so enraged them, that they all swore 
 that somebody should pay for it severely. Blee was ordered to 
 look out sharp, and Mrs. Jones and Berry were to be prosecutors 
 in their next adventure. Their resolution was fatal to poor 
 JOSHUA KID DEN, as will be proved by the ensuing trial, which we 
 give nearly at large, that the reader may see to what horrible lengths 
 these execrable and blood-thirsty villains carried their cruel and 
 inhuman prosecutions. 
 
 JOSHUA KIDDEN was indicted for that he, on the King's highway, 
 on Mary Jones, widow, did make an assault, putting her in corporal 
 fear and danger of her life, and stealing from her person one guinea 
 and four shillings and sixpence in money numbered, January 7, 
 1754. 
 
 Mary Jones. I live in Broker's-alley, Drury-lane. Last Monday 
 was se'nnight, in the morning, I went to Mr. Berry, and asked him 
 to go along with me to Edmonton. We set out in a chaise about 
 twelve or one o'clock from Hatton Garden, and going to the Bell 
 at Edmonton, staid there very near three hours. We went to en- 
 quire for a man I wanted to see, and set out between five and six 
 to come home. I got out at the Plough at Tottenham, by reason 
 the horse kicked very much ; and we had two pints of hot ale and 
 rum. Mr. Berry desired me to walk a little, to see how the horse 
 would go, and 1 believe I did walk about a quarter of a mile : he 
 then called to me, and said the horse went very well, and he be- 
 lieved I might get in. As I was going to get into the chaise, two 
 fellows came round me, and said, You shall not get in; we must 
 have what you have. One of them held my arms, and, taking a 
 great knife out of his pocket, said he would stick me, and that 
 fellow in the chaise, if 1 spoke a word. The other took my pocket, 
 in which was a guinea, half a crown, two shillings, and a trifle more. 
 They then run away, and I stood by a post, not being able to stand 
 for some time, 
 
 John Berry. Last Monday was se'nnight Mrs. Jones came to 
 me, and desired me to go with her to Edmonton, lo see for a man 
 who owed her about 9!. .We set out from thence about six o'clock ; 
 and coming back, the buckle of the strap had got through, and 
 the horse fell a kicking up much ; upon which I desired her to get 
 out This was near the Plough at Tottenham, where we drank two 
 pints of rum and ale. There was another man with us. I desired 
 her to walk a little till I saw how the horse would go. She walked 
 about a quarter of a mile, and then I said to her, you may get in ; 
 but as she was getting in two men caught hold of her. The prisoner 
 was one of them ; his stockings were tied below knee, and he had a 
 white waistcoat ou. I believe it was the prisoner who held a kniffe
 
 12 
 
 to her, and said, You old bitch, if you make a noise I'll stfck yoq, 
 and the man in the chnise too. They took her aside, and the othef 
 person took her money. This was just facing the seven trees called 
 the Seven Sisters. I being lame, could not get out of the chaise. 
 They then ran as fast as they could. 
 
 Q. Did you see them take her money ? 
 
 Berry. I s,ayv them put a hand to her pocket, and I know she 
 had that money about her, \yhen she came out of the house. I got 
 ^ man to help her into the chaise, and we called at the first house 
 pn the left hand, where we had a quartern of rum. I drove along, 
 enquiring of every body ; and at Newington called at a house, and 
 told them how we had been served. A man came out along with 
 me; I asked the patroleif they saw such persons, and about twenty 
 yards distance I saw them both running. This was before we came 
 to Kiiigsland turnpike; the other man got over a ditch, and the 
 prisoner was taken. We carried him to a house on this side the 
 turnpike. I said, how could you take the money from this poor 
 woman ? He said, he did not take the money, but only stood by. 
 \Ve then had him before Justice Withers ; and he then said his 
 name was Joshua Kidden, and that he lived in Blackboy-alley : h$ 
 bad on two waistcoats and a cap. 
 
 Cross- fixamined. 
 
 Q. How many persons have you prosecuted here ? 
 
 Berry. I believe I prosecuted a man about eighteen yenrs ago : 
 he stole horses, and I stopped him. That is the only person I have 
 been concerned in the prosecution of in my life.* 
 Prisoner's Defence. 
 
 I know nothing of robbing the woman. 
 
 Several creditable persons deposed to their belief in the honesty 
 pf Kidden. Guilty Death. 
 
 Thus fell pp r Kidden a. sacrifice to the avarice of these wretches, 
 whom neither the sacredness of oaths, nor the consideration of 
 shedding innocent blood, could restrain from committing the most 
 detestable of all crimes, perjury and murder. That he was inno- 
 cent of the fact for which he was prosecuted, tried, condeirned, 
 and executed, was afterwards rendered manifest, as well as the strict 
 truth of the following account. 
 
 The Case of Joshua Kidden, written by himself. 
 
 " I by chance got acquainted with a person (Blee) at the Castle in 
 Chick-lane, the bottom of Saffron-hill ; and being just come out of 
 the country from my relations, near Lambourn in Berkshire, I was 
 complaining for want of business. I was bred to the sea, and was 
 willing to do any servile business as a porter. This person I got 
 acquainted with, told me, he had got a job to do at Tottenham, to 
 
 * Only a few sessions before, Berry had prosecuted a rnan to couvictioa 
 in the same court.
 
 13 
 
 remove some goods for a gentleman, who was afraid they would be 1 
 seized on for rent. Accordingly we went on the appointed day, and 
 going from one ale-house to another till evening came on, was at last 
 told by my companion, who pretended to see for the gentleman, 
 that he had seen him, and it was too late to remove to-night, but he 
 had given him eighteen-pence for my trouble, and that we must 
 come another day. Going home, we met with a chaise, with a man 
 and woman in it, at a place called the Seven Sisters, on this side 
 Tottenham, where the woman was set down from the chaise, and 
 walked up the road, and I, as I past by her, said, are you going to 
 London : It was now about seven o'clock at night : She answered, 
 Yes, and I passed on. This companion of mine, unknown by name, 
 behind, called out, what do you walk so fast for ? my answer was. 
 To get to London: but, turning about, saw him robbing the woman. 
 He then ran after me, and said, here I have got sonie money, and 
 would have forced half-a-crown into my hand, but I refused it. 
 Then he said, Joshua, don't leave me; I must step into the ditch and 
 ease myself. And, walking gently on to wait for my companion, up 
 starts one Mac Daniel, a thief-catcher, and collars me, and said, you 
 are my prisoner. He carried me directly to a justice, before whom 
 the woman swore, that I, with a person unknown, robbed her of 
 five-and-<wenty shillings and sixpence. So I was committed to 
 jail, and tried on the woman's swearing, that I, with the unknown 
 person, robbed her, and threatened her life. The person's name 
 that was in the chaise, is Berry ; the woman's name, Jones ; the man 
 well-known to be a thief-catcher ; the woman of as bad a character 
 as needs be.*'' 
 
 Joshua Kidden, when executed, was twenty-six years of age. He 
 was born of respectable parents, and well educated, being put out 
 apprentice at the proper time, with no small sum of money, to an 
 apothecary. Unhappily for him, he quitted his profession, and went 
 to sea ; but neither did this line of life long suit liis inclination ; and, 
 being deserted by his friends, he was gradually reduced to the neccs. 
 sily of seeking employment as a porter, and in a low public-house 
 became acquainted with Thomas Blee, the miscreant who inveigled 
 him to destruction. He died declaring his innocence, but with great 
 resignation. His letters are most affecting.f 
 
 * Every word of this account appears to have been true. The horror of 
 this young man's murder exceeds all the rest, because, though imprudent, 
 there is every reason to believe that he was strictly honest. The man 
 Berry, and the woman Jones, what a pair ! Imagination sinks under the 
 conception of such diabolical wickedness. 
 
 f The case of this unfortunate young man is so analogous to that of the 
 three poor condemned Irishmen, that we involuntarily shudder at the pro- 
 bable number of sacrifices to the ' good of the country,' as the casuist 
 Paley calls innocent victims to the laws, which this brokering for reward has 
 from time to time offered up. Without alluding to direct villainy, the 
 mischief which may arise from it is obvious. Many people may reaollect 
 
 he murder of a Mr. F r, some years ago, and the subsequent txecution. 
 
 of a man for the same, whom Miss F, was urged to swear to on imperfect
 
 14 
 
 Money beginning in a short time to run very low with the confe- 
 derate gang, Berry and Mac Daniel consulted Thomas Blee to look 
 out for a couple of fellows proper for conviction ; and it was agreed 
 that the robbery was to be done on Salmon, near the four-mile-stone, 
 going to Deptford, for two reasons ; namely, because there was a 
 reward of ^20. offered by the gentlemen of East-Greenwich ; and 
 because Kidden's affair had made such a noise at the Old Bailey, 
 but at Maidstone was not known.* This affair led to a discovery 
 of these monstrous practices, and to preserve the connection, it is 
 necessary to anticipate a little in this place, by stating, that the vile 
 accomplice, Blee, procured two youths,, who were entrapped, and 
 tried like poor Kidden, though not like him altogether innocent ; but 
 that by the vigilance of Mr. Cox, chief constable of the Lower Hun- 
 dred of Blackheath, Blee was also taken, and immediately impeached 
 his villainous employers, who were, indicted at the Old Bailey under 
 the Acts of 4 and 5 Philip and Mary, and 3 and 4 William and 
 Mary. The best history of their diabolical proceedings, is unfolded 
 by the evidence of Blee, which on the trial was as follows : . 
 
 TJwmas Blee sworn. 
 
 Thomas Bhe. I have known the prisoner Berry eight or nine 
 years, and Mac Daniel twelve months last November. I never had 
 any great acquaintance with Salmon, till through Berry in the month 
 of June last. I have known Egan four or five years, by his coming 
 backwards and forwards to Berry's. 
 
 Q. Did you know Peter Kelly and John Ellis? 
 
 A. I did ; I believe they are now in Maidstone gaol ; they were 
 when I came away last Monday. 
 
 Q. Tell the Court the first time you had any conversation with 
 them. 
 
 A. I lodged at Berry's house, and worked for him : Berry said 
 to me, in the beginning of July, go to Mr. Mac Daniel, (he lived 
 then in Scrub's-Court, Holborn), and tell him, I want to speak with 
 him. I went, and he and I came back together to Berry's house. 
 They both said, Tom, money grows scarce, you must give a sharp 
 look-out for a couple to go upon the scamp now, and, if you can't 
 get two, you must get one. 
 
 recollection. The young lady was absolutely persuaded, against her own 
 salutary doubt in the first instance, to depose positively in Court, and a 
 person was banged who was innocent, at least another malefactor subse- 
 quently acknowledged to the crime. 
 
 * This remark would lead us to imagine, that in tbe reign of Geo. II. as 
 at present, people would form extra judicial opinions upon guilt and inno- 
 cence ; and, as in the case of ELIZABETH PENNING, sometimes pause 
 upon an Old Bailey conviction. Several circumstances deposed to in the 
 following evidence, prove that low persons thought Kidden innocent, long 
 before his innocence w us proved ; to say nothing of the better bred indi- 
 viduals, who, as the man was hanged, thought it useless to trouble their 
 heads about it. The observations relative to the o20. reward offered by 
 the gentlemen of Greenwich, is a fine lesson of caution to well-intentioned 
 people how they distribute money in this way. 
 1
 
 15 
 
 Q. What did they mean by goiug upon th scamp? 
 
 A. That is, to go upon the highway. 1 told them, as Kiddeu'* 
 was so .bad an affair, I did not chuse to be concerned more. He wag 
 convicted last January was twelvemonth, and executed at Tyburn. 
 
 Mac Daniel said, d n your eyes, if you don't, it shall be worse 
 
 for you. Then Berry said, I might go about my business ; so I went 
 awav. The next morning Berry called me into his room. 
 
 Q. Where did he live"? 
 
 A. At a place called the George-yard, at the upper end of 
 Hatton -garden. He then said, go up to Mr. Mac Daniel's house, 
 and desire him to meet me in the fields about eleven o'clock. I did. 
 and we went into Spa-fields, and Berry came to us. They both 
 said to me, go and look about the fields, and we will sit down on th 
 grass, and see if you can pick up a couple of idle fellows, that will 
 do for the purpose, and introduce yourself into their company. 
 
 Q. What did they mean by the purpose ? 
 
 A. To go upon the scamp were the words they said : accordingly 
 we three went into the fields several days, but could not meet witti 
 any body fit for the purpose. I remember one day in particular, it 
 was Monday the 1 5th of July ; that day they ordered me to go into 
 the fields, and said they would come, and I sat there two hours be- 
 fore they came nigh me ; then Mac Daniel came to the top of the 
 bill, and bid me come to the sign of Sir John Qldcastle, a public- 
 house, ami said my master was there : he and I went there, and down 
 to the bottom of the yard, and in the farthest arbour but one, ou 
 the left hand side, there sat Berry and Salmon the breeches-maker. 
 Berry bid me sit down, which I did : there we all discoursed together 
 about doing this robbery: Mac Daniel said, we'll do the thing 
 somewhere towards Blacklieath : then he and Berry had a sort of a 
 wrangle whetlier they should not have it done between New Cros* 
 turnpike aud Deptford, just facing the four-mile-stone. 
 
 Q. Was tljere any particular reason to have it done in that place ? 
 
 A. Yes ; they said, there is a reward of twenty pounds that w 
 given by the inhabitants of East Greenwich for apprehending high- 
 waymen and footpads. Berry said, suppose we have Egan concerned 
 with us: then tliey talked about his being the fence, as they call it. 
 
 <?. What did they mean by that word ? 
 
 A. That is to buy the goods after Salmon had been robbed of 
 them. Mac Daniel made an objection to Egan's being in, because 
 he thought five would be too many to be concerned in the reward : 
 Berry said, we can't cleverly do without him, and if there are five of 
 us concerned, it would be pretty nigh twenty pounds each, if a con- 
 stable should come in. And they all three, that is Berry, Mac Daniel, 
 and Salmon, concluded that Egan should be concerned as a fence in 
 the robbery, and Berry said he would go and let Egan know of it 
 that night ; and said to me, Now, Tom, you may go home about 
 your business, we will not be seen to walk along the streets together: 
 ao I went suvay and left them. The next morning I went out again 
 to see if I could find any body for the purpose, but I could not
 
 16 
 
 day : the next after, which was on a Wednesday, Mr. Berry called 
 me into his room, and ordered me to go and tell Mac Daniel to come 
 to him to the Bell inn in Holborn : I went, and Mac Daniel and I 
 vent to the Bell together ; there was James Egan, James Salmon, 
 and Berry ; we were all five together : they bid me come and sit 
 down, which I did, and drank part of a pot of beer; then we all 
 concluded that the thing should be done. 
 
 Q. What thing was to be done? 
 
 A. That, if 1 could get a couple to go on the highway, that 
 Salmon should be the person to be robbed ; and that Berry and 
 Salmon talked about making two pair of breeches that Salmon was 
 to be robbed of, and to mark them under the pocket or waistband 
 with some particular mark : to the best of my knowledge it was to 
 be J. S Then Berry and Mac Daniel said, they must have a par- 
 ticular handkerchief too; then Mac Daniel put his hand into his 
 pocket, and pulled out this handkerchief that I have now in my hand. 
 James Salmon said, that he had got a handkerchief at home that he 
 would mark so as to swear to it, which he was to mark with four 
 oilet holes, one at each corner. Berry said they should want a 
 tobacco-box; Mac Daniel said, he had got a very remarkable one, 
 that any body might swear to, which I have fetched forty halfpenny- 
 worths of tobacco in for Mac Daniel, and I know it to be the same 
 now (taking it in his hand.} Mac Daniel said, he would give it to 
 Salmon to be robbed of: then they said, they wanted a halfpenny, 
 and would have it marked. Mac Daniel said he had got a pocket- 
 piece, which piece I saw his wife buy for three-pence and a halfpenny- 
 worth of gin some time before ; he said that would do, and it should 
 be marked with a shoe-maker's tool, and he gave it to Egan to mark 
 jt : Egan said he had got a tool that he used to stamp the shoes 
 with, that he would mark the piece with ; then they bid me go home 
 about my business, which I did. The next morning, Berry called 
 me up into his room again : he gave me three pence, and ordered 
 me to go down to the FleeUmarket to see if I could pick up two 
 men or lads' there.* 
 
 Q. Did he say any thing more at that time ? 
 
 A. He said, to do the thing. I knew what he meant ; accord- 
 ingly I went down to the market, and met with Peter Kelly and 
 John Ellis. 
 
 Q. Did you know them before ? 
 
 A. I did'; I knew them to be very bad lads, that is, pick-pockets. 
 I gave them some gin, but had no discourse with them that day 
 about the thing. The next morning Berry called me into his room 
 again, and gave me three-pence more, and bid me go down to Fleet- 
 market to them, and be sure to hare a little talk with them, and told 
 me what to say, and that was to tell them I knew where to get a 
 brave parcel of lullies. 
 
 * Compare this evidence wilh the confession of Drake, the wooden- 
 legged accomplice of 1816.
 
 Q. What is the meaning of that ? 
 
 A. He meant tb get a parcel of linen, if they would go with me 
 to Deptford ; I went and met them there, and told them as Berry 
 ordered me ; that is, I told them I knew where to get a brave 
 parcel of follies, if they would go to Deptford with me. 
 
 Blee's evidence here proceeds in a disgusting detail of his manner 
 of enticing Ellis and Kelly. He met with them in Fleet-market on 
 a Friday ; they were on a pea-cart ; he treated them with gin, and 
 left them. In two hours he returned, and prevailed on them to 
 assist him in stealing lullies. He acain left them to concert with. 
 Berry; and on Sunday morning he found them in the brick-fields, 
 and treated them again. On Monday, Egan went to look at the 
 boys : he stood three or four yards from them without pretending; 
 to know Blee, who pointed them out by giving them a halfpenny 
 each to go and get some gin. Blee then went one way, and Egau 
 another, but met immediately at Mac Daniel's house, where Egaa 
 expressed his opinion of the boys to Berry and Mac Daniel, by say- 
 ing, " by G d, they'll do very well, they are two pretty lads /" 
 Blee continued to arrange the complete ensnaring of the boys until 
 Tuesday, seeing them in the interim, and treating them repeatedly. 
 Blee on that day appointed Berry and Mac Daniel to go and see the 
 lads in the Artillery-ground, which they did. Blee walked with 
 them, whilst the others looked on as if strangers to him. Blee met 
 Berry presently after, and said, " Mr. Berry, do you think they 
 
 will do ?" He said, " Do ? d n me, / have done less than they 
 
 over, for March and Newman were less!" Mac Daniel said the 
 same. Berry desired Blee not to lose sight of the boys, and gave 
 him money from time to time to treat them until the job was ripe. 
 On Thursday night, (says Blee), Berry, Mac Daniel, Egan, and 
 Salmon, agreed that it should not be done on the Friday, lest the 
 lads should be apprehended on the Saturday, and kept all day 011 
 Sunday in the watch-house, and somebody might come to them, to 
 whom he might tell something about my being concerned with them, 
 and so, by impeaching me, I might be apprehended : so they had 
 therefore fixed it to be on the Monday; on which morning I got up by 
 Mr. Berry's orders: he gave me two-pence or three-pence, I can't 
 le positive which, to go to the Fleet.rnarket to meet them, and bid 
 them stay till nine o'clock, and say I would come to them again, 
 which I did, and returned, as Berry ordered me, to him at the 
 Plumb-Tree ale-house ; there was Salmon and he : he sent me out 
 for Mac Daniel ; I went to him, and he bid me tell Berry he was 
 shaving himself, and he would come when he had done. 1 went and 
 told Berry : he changed a guinea, and gave me five shillings, and bid 
 me not to be extravagant : he gave me that, as he said, tojlash to the 
 boys, to shew it to them, and say I made that last night* ; 1 was to pull 
 it out all at once. He gave Salmon half-a-crown to be robbed of. 
 
 * Mr. Berry was a complete master in bis way a very finished tj-pifi- 
 cation pf Satan, 
 
 B
 
 18 
 
 Q. Who were present at this time ? 
 
 A. There were Berry, Mac iDaniel, and Salmon; then Berrjf 
 said to me, now go away as fast as you can ; and I said, at what 
 place shall I stop for you to see you are going, that we may both, 
 be sure ? I said, I will stop at the Bell in the Borough, and call for 
 a. glass of gin ; then you may know and be sure that we are going to 
 Deptford. I left them, and went to the two boys. 
 
 Q. About what time was this? 
 
 A. It was about half an hour after nine in the morning. I went 
 with the boys to a liouse in Little Britain, there I called for some 
 beer, and bread and cheese, and pulled off my coat, and said, I must 
 go to the fence and get some money, for the woman has not paid 
 me all. Then I left iny great coat, and went to Berry, and told 
 him to hasten away, for the boys wanted to go. Berry bid me re. 
 turn to them directly, and said he would be over the water time 
 enough for us. I went to the boys again, and called for another 
 pot of beer to delay the time. After we had drank that, we went 
 out to go to Deptford. When we came to the Bell in the Borough^ 
 we went in, and in the right-hand box there sat Berry and Salmon ; 
 there I gave the boys each of them a halfpenny worth of gin ; I was 
 not to take notice of Berry or Salmon. 
 
 Q. What time did you set out from Kent.street? 
 
 A. We set out from thence about half an hour after twelve 
 o'clock ; I had made them almost drunk. After we went from 
 thence, it was too soon in the day, we could do nothing till it was 
 dark, I told them, so we could go over into the fields, and go to sleep ; 
 so, to prolong the time, we went into the fields, and all three of us 
 went to sleep. They slept pretty heartily.* When I thought it 
 proper time to awake then), I did, and away we went to Deptford. 
 
 Q. What time did you set out after this sleep? 
 
 A. I can't tell the time. 
 
 Q. Was it dark? 
 
 A. No, it was not. We were in Deptford an hour before dark; 
 t went with them to the sign of the Ship, the house that Berry and 
 Salmon had appointed to come to. I called for a pint of beer at 
 the door, and bid them stay there ; and said I had a relation in the 
 town, near the Water-gate, which I wanted to see. I left them, 
 and went to see for Berry and Salmon. I found Berry, he and I 
 \vent into a public-house, I think it was the Duke William's Head ; 
 he called for a pint of beer, and bid me return to the two boys, and 
 Salmon should come to the house. I went to them, they were still 
 at the door; I said, come, let us go into the house, 1 expect my 
 cousin to come to me. 
 
 Q. Had you let the boys into any knowledge of this affair before 
 you came to this place? 
 
 A. No, I did not ; only I had told them it was to steal some 
 liuen; they went for no other intent. Then I went in, and called 
 
 * Blee, and all. Sleep the innocent Sleep! What a picture!
 
 19 
 
 for a pot of beer, and bread and cheese ; we eat the bread and 
 clieeie, and drank the beer, and called for another pot of beer ; in 
 .the mean time, in came Salmon. He tirst went and leaned against a 
 dresser, for about half a minute, and then came and sat down in 
 the box near us, and began to discourse about going to London, 
 (it was then dusk.) I saw Berry go by the window, he beckoned 
 his finger, and I went out to him. He said, be sure follow Salmon 
 when he conies out. I went in again, and Salmon presently went 
 out. When Salmon first came in, Kelly said, There is that old 
 blood, the breeches-maker, in Shoe-lane; his son and I have been 
 picking of pockets together many a time. I said, never mind that, 
 what is that to us? I knew the place where he was to stop at; it 
 was just by the four-mile stone, this was agreed upon before. The 
 two boys and I went on, and by the four-mile stone, by a gate, 
 
 Salmon stood, making believe he was making water. D n me, 
 
 said Kelly, there is the old breeches-maker, he is sucky, let's 
 scamp him. 
 
 Q. What reason did you give Kelly and Ellis for your going after 
 Salmon ? 
 
 A. I said, we will take a walk till it is time to steal the linen. 
 
 Q. Was it light or dark? 
 
 A. The moon shone. Kelly said, when he came up to Salmon, 
 G d d n you, what have you got there? Salmon said, Gentle- 
 men, take what I have got, don't use me ill. He had the breeches 
 under his arm, and he gave them to me ; they were in a blue-and- 
 white handkerchief, and I gave them to Kelly. I said to Kelly, 
 what money have you got ? Salmon said, here, Gentlemen, what 
 money I have got is in my left-hand waistcoat pocket, in a tobacco, 
 box ; (he had told me before, what money lie had got would be 
 there.) Kelly put his hand into his pocket, and took the tobacco. 
 box out, and a clasp-knife and fork ; then away we walked on for 
 London, and came into Kent-street as fast as we could, and lodged 
 there all night, at a house where I paid the money at going down, 
 by Berry's order, to induce the lads to come there again. 
 
 Q. What time did you get to Kent-street after the robbery ? 
 
 A. I believe we got there about eleven o'clock; the people had 
 no clock in the house. 
 
 Q. What money did you take from Salmon ? 
 
 A. We looked at that coming along; 1 knew what was in it be. 
 fore ; there were two shillings and sixpence, and a pocket-piece 
 with Skilion on it, or some such name, and a punch'd mark in the 
 middle of it. 
 
 Court. Look at this tobacco-box. 
 
 A. This is the very same, it is rivetted within-side ; I have had 
 this box a hundred times in my hand before. 
 
 Court. Look at this pocket-piece. 
 
 A. This is the same piece which I mentioned before. 
 
 Court, Look at the two pair of breeches and handkerchief, 
 
 A. These are live same breeches and handkerchief.
 
 20 
 
 Court. Look at this knife. 
 
 A. It is the same knife. 
 
 Q. What was done the next morning, when you lay in Kent- 
 street? 
 
 A. VVe got up the next morning about seveu o'clock, and went 
 over the way to the sign of the Black Spread Eagle, (the house that 
 Berry ordered me to go to.) I called for some beer, and said to 
 Kelly and Ellis, sit down, and I will fetch you something for 
 breakfast. I went out with that pretence, and went to the White 
 Bear in the same street, where Berry ordered me to come to let 
 him know. There sat Berry, Egan, and Salmon at the door, on 
 the bench. Berry said, Mac Daniel is not come yet; now we must 
 wait for him. Go you back, and Egan shall come after you di- 
 rectly. Egan and I walked up the street a little way together. I 
 said, stop there a bit, while I go over to that shop to buy a lamb's 
 liver for breakfast; he said he would go on. He went on before, 
 and called for a pint of beer ; I came after with the liver. I said to 
 Ellis and Kelly, as I was going to cut the liver, that man deals in 
 rag-fair, (meaning Egan,) at the same time I knew he did not, but I 
 was to say so when he came hi. I said, may.be he will buy the 
 breeches ? Shall I ask him ? Yes, said they, with all our hearts. I 
 said to him, master, will you buy some leather breeches ; he said, 
 let me look at them ; if you and I can agree, I will buy them. 
 After he had looked at them, he said, what will you have for 
 them ? I said six shillings. He said, I will give you five. He 
 put his hand into his pocket, and gave Kelly a shilling earnest, and 
 said, he had not so much money about him, but he would come in an 
 hour or two, and pay the rest of the money, and he would leave 
 the breeches in our care till he came back. I said, my friend, will 
 you eat a bit of liver and bacon before you go t He said, I don't 
 care if I do. He sat down by the fire side, and said, landlord, let 
 us have a halfpenny.worth of tobacco, and said, God bless me, I 
 don't know what I shall do ; I have lost my tobacco-box, (this he 
 was to say to get the tobacco-box of them.) I said to Kelly, let 
 us sell him the box, may be be will buy it. Kelly said, no, let us 
 ding it ; it is such a remarkable one, may be it may be known. 
 Q. What did he mean by dinging it ? 
 
 A. He meant to fling it away ; I said, No, let us sell it ; then 
 Kelly said, master, I will sell you a tobacco-box, if you'll buy it: 
 he said, let me look at it; he looked at it, and asked what he 
 xvould have for it? Kelly asked sixpence for it; he said, no, he 
 would not give it; I said, we will not have dry money, we'll have 
 some beer ; then Egan said, he would give a full pot of twopenny 
 for it; then Kelly said, he should have it; after he had eat his 
 breakfast, he went out, and goes to Berry and Salmon; I went 
 backwards with the two boys, to play at skittles to detain them, but 
 the ground was so wet we could not play, so we found another 
 pastime called the devil and taylors. I kept them there an hour 
 and half; then I said, if the man don't come, let us sell the 
 
 3
 
 21 
 
 fcreeches ; I said, I will go and be shaved, and I left my great coat 
 and went to the White Bear ; but, when they came there, they did 
 sot like the people of the house, because when Mac Daniel came 
 they did not like him. I went out of the house, and saw Berry 
 come out of the Elephant and Castle ; they beckoned me over ; I 
 went and called for a pint of beer ; Berry said to me, you may 
 
 drink with us, and said, d n you, where is your great coat ? 
 
 (which is the same I have now,) he bid me turn back and fetch it, 
 and said, Mac Daniel and Egan shall go. 
 Q. Who were there ? 
 
 A. There were all the four prisoners there, sitting in the box 
 going in on the left-hand side, drinking ; I went back again to Ellis 
 and Kelly, and said, the barber is busy, and can't shave me, I 
 must come again in live or six minutes ; 1 said, the weather is cold, 
 I must put my great coat on ; I put it on, and went to the Elephant 
 and Castle to them again. Berry bid me go to the Bell in the Bo- 
 rough, and stay there till he came, and to get shaved. I went 
 away, and, as I was going, Egan and Mac Daniel went out ; I got 
 shaved ; and went to the Bell in the Borough, and called for a 
 pint of beer and drank it ; about an hour after, Berry came in, and. 
 we had another pint ; then he and \ went homewards together; we; 
 went as far as Ludgate Hill, there we saw one Mr. Rogers coming 
 along, so he said, leave me, don't be seen with me, and I left him. 
 At night, when Berry came home, I said to him, master, be so good 
 as to lend me some money to go to the fair to-morrow ; he said, 
 that is right, Uxbridge fair is to-morrow the 31st; he lent me 
 eighteen pence, saying, it was to go to Billingsgate to buy shrimps 
 \vith ; I went to the fair, and came back again on the 1st of August. 
 Berry bid me not be afraid, saying, he would always keep a good 
 look-out, and they always said, if I was taken up, Salmon should, 
 never appear against me.* 
 
 Q. Was you at the trial of Kelly and Ellis in Kent! 
 A. No, I was not. 
 
 Q. Where was you at the time of the trial ? 
 A. 1 was taken up on the Friday before, being the 8th day of the 
 , month. 
 
 Q. What day was the robbery committed? 
 A. It was on the 29th of July. 
 
 This circumstantial deposition of Blee, was substantially corro, 
 borated by that of a drummer, w,ho saw the lads taken in the con- 
 certed way described by Blee. 
 
 The next evidence details the fortunate apprehension of Blee, and 
 of the means by which these villains were caught in their own snare. 
 
 Joseph Cox sworn. 
 
 Joseph Coy;. I have known Mac Daniel two or three years ; I 
 never saw the other till I saw them all together at Maidstone as. 
 
 * The miserable manner in which this wretched tool was rewarded by, 
 the gang, proves that he was rather the slave of terror than of lucre.
 
 . 22 
 
 Sizes ; I went down on the 14tli of August ; I am chief constable of 
 the lower half hundred of Blackheath ; I had an information, about 
 the beginning of August, that a breeches-maker had been robbed in 
 the parish of Deptford, where I live, by three footpads, and that 
 two of them were taken by Mac Daniel and others, and sent to- 
 Maidstone gaol ; and the third person, whose name was Thomas 
 Blee, I was informed, kept company with Mac Daniel ; and, after 
 two or three day's searching, I very fortunately took the person, 
 with the help of a constable, at Greenwich, on Friday, the 9th of 
 August, in Newgate-street, very early in the morning. I took him 
 directly to the water-side, in order to carry him to Greenwich; 
 when we got him into the boat, he said he would discover all he 
 could concerning the robbery of the breeches. maker; I bid him not 
 do it then, because of the watermen, till we came to a magistrate ; 
 we took him before Justice Bell ; there he made information, and 
 signed it ; it contained the substance of the evidence he has now 
 given against Mac Daniel, Berry, Salmon, and Egan, and therefore 
 need not be repeated. 
 
 As soon as this information was taken, (says Mr. Cox,) I obtained 
 separate warrants against Mac Daniel, Berry, Salmon, and Egan. I 
 was advised to attend the trial of Ellis and Kelly, and not to dis. 
 cover I had Blee in custody till after the trial; and, in order that he 
 might not escape, Thomas Warren went to assist me. When I 
 came to Maidstone, I informed myself who were on the back of the 
 bill of indictment against Ellis and Kelly ; their trial came on the 
 15th of August, at night; I came into court soon after the trial be- 
 gan ; Blee was then in my custody, but nabody knew it at Maidstone; 
 he was brought down in the night, and stopped short of the town. 
 When I came in, I heard Salmon giving evidence against Kelly and 
 Ellis; he said, he went in at the Ship at Deptford, and had a pint 
 of beer ; that he saw three men drinking in a box, and Ellis and 
 Kelly, the then two prisoners at the bar, were two of the three per. 
 sons, and the other was a carroty bearded fellow ; that after having 
 drank his pint of beer, in the dusk of the evening, he set out iu 
 order to go to London ; and having got as far as the four mile stone, 
 lie stopped at a gate to make water. In the mean time the three 
 men came up, and one of them d n'd him, and asked him where 
 Le was going I he said, he desired him not to swear, and said, he 
 was going to London ; upon that the carroty bearded fellow snatched^ 
 the bundle from under his arm, and punched him on the breast. 
 The judge asked him, if it was light enough to see their faces, and 
 whether he was sure that the prisoners were two of the men ? he 
 said, it was light enough to see their faces, and was sure they were 
 the men that robbed him. Then he said, that Kelly, one of the 
 prisoners, drew a knife, and said, d n him, let us search him, and 
 took out of his pocket an iron tobacco-box, in which was a guinea 
 in gold, two shillings and sixpence in silver, and a silver pocket- 
 piece, and a clasp knife and fork: he said, the bundle contained two 
 pair of leather.breeches, marked with J. S. and a figure of 4 under
 
 the right pocket, and that the handkerchief had an oilet.hole at each 
 corner, all which were produced in court ; he looked at them, and 
 said, they were the goods he was robbed of, and were his property ; 
 and they are the same here produced ; they were delivered into my 
 care, and have been ever since. The Judge asked him, how he 
 knew the pocket-piece ? he said, by a particular mark it had in the 
 middle. His Lordship asked to see it, and it was handed to him. 
 
 Q. Were the other prisoners there ? 
 
 A. I saw Mac Daniel, Salmon, and Egan, who all gave their 
 evidence ; but did not see Berry in Court. Egan next gave his evi. 
 dence, and said, he dealt in old cloaths ; that on the 30th of July 
 lie went into Kent-street, to the Lock Hospital, to see if they had 
 any cloaths to sell, but, they not being up, he went to the Black 
 Spread Eagle, to get him a pint of beer ; that he observed three 
 men there drinking, and as he was telling the landlady his business, 
 one of them, a carroty-bearded fellow, not taken, (for they did not 
 know he was taken then,) asked him if he would buy two pair of 
 breeches? he said, Yes, if they could agree for the price; and they 
 did agree for 5s. and gave Kelly Is. earnest, till his wife should 
 come with more money, or something of that sort ; and, as he was 
 asking the landlady for a halfpenny-worth of tobacco, and saying 
 he had lost his tobacco-box, one of the men offered to sell him 
 one, and he bought it of him for a pot of twopenny. He said, as 
 he was looking at the breeches, he knew them to be Salmon's pro- 
 perty, having heard he had been robbed over night ; he went out 
 pnder pretence of getting the rest of the money, but, meeting with 
 Mr. Mac Daniel, an acquaintance of his, and knowing him to be 
 an officer, he told him the story ; and Mac Daniel said, he need 
 not trouble himself about an officer, for he could do as well as a 
 constable ; and so he returned back with him, and took Ellis and 
 Kelly ; and, upon searching them, took out of Kelly's pocket a sil. 
 ver pocket-piece, Is. and a clasp-knife. He knew the breeches be- 
 longed to Salmon by a particular mark. He said, he had bought 
 breeches of him for himself and for his sou twelve years, and knew 
 his mark. Mac Daniel was the next witness : he said, he met Egan, 
 an acquaintance ; and Egan told him the story, and he went with 
 him, and took Ellis and Kelly, and found upon Kelly a silver pocket, 
 piece, a shilling, and a clasp-knife. 
 
 I had fixed my eye pretty steadily on Mr. Berry, whom I asked 
 to go with me to drink a glass of wine, which he did, and I se- 
 cured him at the Bell ; then I went to secure the others according 
 to my warrant. As soon as they had given their evidence, the crier 
 ordered them to go out. We secured them; upon searching Mac 
 Daniel,' I found this knifed upon him ; I was told of it before. As 
 soon as they were secured, I was forced to get leave to put them in 
 $he mayor's gaol. I asked Salmon, if he knew one Thomas Blee ? 
 
 * Mac Daniel carried the knife as a weapon, lie is represented with 
 it in the scarce original portrait, of which the print before the title is $n 
 accurate copy.
 
 
 
 He said, he knew no such man : I replied, I am sure you musi 
 know him ; he as positively denied it again. The next day, when, 
 he was carried before the Justices, Blee was brought face to face 
 to him : he looked at him, and declared he had never seeu that man 
 in his life before. I asked Mac Daniel, if he knew Tom Blee ? 
 He denied he knew any such person. I asked Egan, and he as 
 positively denied it as the rest. As Berry and I were going to the 
 Bell, he asked me what I thought would be the fate of Ellis and 
 Kelly, and who was to pay the expence of the prosecution, for it 
 was very considerable ; I told him, if they were convicted, there 
 woujd be sufficient to pay the expences very handsomely ; and, if 
 they were acquitted, the prosecutors, I believed, must bear the ex. 
 pences themselves : he said, he knew that, and for that reason, if 
 this affair was well over, he never would be concerned again. When 
 I came to the Bell, I topk him into custody ; and, when I had se. 
 cured the others in the Mayor's gaol, I carried him to them, and 
 then asked him if he knew Tom Blee : He said, he did not know 
 any such person. The next day, when Berry had been carried 
 before the Justice, and was committed, he and I walked together 
 from the Bell to the gaol , in going along he said, he hoped the 
 gentlemen would not admit Mac Daniel as an evidence, because he 
 had saved himself once before by the same means ; but, said he, if 
 the gentlemen will admit me an evidence, I can do for Mac Daniel 
 and another man, meaning Ralph Mitchel. I asked him, if he, 
 would tell me any particulars he could alledge against them ? He 
 said, he would write to me in a few days, but hp never did. As to 
 Mac Daniel, the next morning after he was apprehended, he desired 
 to speak with me in the room where he was confined. He then 
 cried a good deal, and begged of me to be his friend, and get him 
 committed for farther examination ; for, he said, he could make a 
 very great discovery relating to the public, and could put g500. in 
 my pocket. I told him, I would acquaint the gentlemen with what 
 he said, and accordingly I did, and used my endeavours to prevent 
 his being committed for farther examination : he was afterwards 
 Committed on the warrant.* 
 
 The trial lasted nine hours, and the Jury found them all four 
 guilty of the facts charged in the indictment; but, whether the facts 
 
 * When the compiler of the "History" stated, that nothing so mon- 
 strous had been heard of in savage nations, not even in the annals of th^ 
 OLD BAILEY, he was correct in his gradation j for corrupted civiliza- 
 tion is infinitely more deadly than ignorant barbarity. Regard the conduct 
 of these wretches, Berry and Mac Daniel, each eager to betray the other 
 on the first alarm of danger, and one of them the murderous miscreant I, 
 warm from prosecution unto death, crying at his own misfortune. When 
 the manner in which the conviction of Ellis and Kelly was arranged is con- 
 sidered, and the calm deliberation with which each villain took up his part, 
 what a field is open to the imagination, with respect to the consequences 
 of many years' perseverance in the same course of murder and treachery. 
 But more of this in the sequel.
 
 25 
 
 charged were within the Statutes of the 4th and 5th of Philip and! 
 Mary, and the 3d and 4th of William and Mary, they knew not ; 
 and therefore prayed the assistance of the Court ; so it was made a 
 special verdict.* 
 
 It appears that the apprehensions of the miscreants were now 
 great, for in November sessions they prayed the Court to be trans, 
 ported for fourteen years; but on the 26th of June, 1755, the 
 special verdict which the Jury gave upon the trial was argued by 
 counsel before the twelve Judges, at Serjeant's-inn-hall, in Chan, 
 cery.lane ; but the Court deferred hearing the whole then ; and, ia 
 September following, their lordships being of opinion, that the 
 facts charged were not within the Statutes of the 4th and 5th of 
 Philip and Alary, and the 3d and 4th of William and Mary, an 
 order was given, that they should be indicted for a conspiracy, in 
 which the facts, with which the prisoners were charged, might be 
 more clearly explained, and they to receive such punishment, as 
 might be justly inflicted on them by law. 
 
 Accordingly, on the 28th of February, 1756, they were again 
 arraigned at the sessions at the Old Bailey, upon an indictment for 
 combining and conspiring together, that one Thomas Blee should 
 procure two persons, namely, Peter Kelly and John Ellis, to go to 
 Deptford in Kent, and to take divers goods and money from the 
 person of the said Salmon on the King's highway, who should be 
 waiting there for that purpose ; with intent that they should cause 
 the said two persons to be apprehended and convicted for robbing 
 him, the said Salmon, on the King's highway, and so unjustly and 
 wickedly procure to themselves the rewards mentioned in the Act 
 of Parliament, proclamation, and other parochial rewards, for the 
 apprehending of highwaymen, July 24, 1754. 
 
 Blee was the principal witness against the prisoners in this, as he 
 was upon the former, trial. One particular he swore in this, which 
 he had omitted in his first evidence ; namely, that Berry told him, 
 that, when he, Kelly and Ellis, robbed Salmon on the Deptford 
 road, he, Berry, laid behind the four-milc.stone, and saw the rob. 
 bery committed. 
 
 The prisoners haying nothing material to say in their defence, 
 
 * It is highly important to remark, that Mr. Cox, the constable who 
 took these villains, suggested a plan to obtain tiieir capital conviction, hut 
 which the powers that were did not think proper to adopt, and they 
 escaped. There being statutes in force, by which comforting, aiding, 
 abetting, hiring, commanding, or counselling the commission of a felonious 
 act is made felony,, the thief-takers were indicted for thus aiding, hiring, 
 and counselling ivclly and Ellis to rub Salmon ; but, because it did not 
 appear that they did immediately and in person apply to Kelly and Ellis, 
 the verdict was brought spedial. Mr. Cox therefore proposed to get Blee 
 Convicted for robbing Salmon, and then, by obtaining a pardon for him, 
 make him a legal evidence against the rest, for counselling, abetting, and 
 hiring him to rob Salmon, which would have been within the Statute, as 
 their application to Blee was immediate ; but this, though Blee consented, 
 was not done, because the pardon of Blee could not be ensured.
 
 ihe Jury found them guilty. The sentence pronounced against 
 them by the Court was, To be severally imprisoned in Newgate 
 for the term of seven years ; and in that time to be each of them 
 set in the pillory twice, in manner following ; Mac Daniel and 
 Berry in Holborn, near Hatton-garden ; Egarrand Salmon in the 
 middle of Smithfield ; afterwards, Mac Daniel and Berry at the 
 end of King-street, Cheapside; and Egan and Salmon again in; 
 Fleet-street, near Fetter-lane end ; and at the end of that time to 
 find sureties for their good behaviour for three years, and to pay a 
 fine of one mark each. 
 
 Pursuant to their sentence, Mac Daniel and Berry, on the 5th of 
 March, stood on the pillory in Holborn, near Hatton.garden. 
 Mac Daniel, shortly after he was in, received a terrible wound in 
 the forehead ; and Berry, who was weak before, could scarcely 
 endure the vengeance of the populace. It was with the utmost 
 difficulty that one of the sheriffs and the keeper of Newgate, who 
 stood in a balcony just by, prevented their being utterly destroyed ; 
 and so great was the mob, that the peace-officers found it impos. 
 sible to protect the prisoners from their fury. 
 
 March 8, Egan and Salmon stood in the pillory in the middle of 
 Smithfield rounds ; they were instantly assaulted with showers of 
 oyster-shells, stones, &c. and had not stood above half an hour 
 before Egan was struck dead ; and Salmon was so dangerously 
 wounded in the head, that it was thought impossible he should 
 recover. A coroner's inquest was held on Egan, who brought in, 
 a verdict of wilful murder against persons unknown. Thus, 
 though the law could not find a punishment adequate to the horrid 
 nature of their crimes, they met with their deserts from the rage of, 
 the people. 
 
 Mary Jones, the vile prosecutrix of the unfortunate Joshua 
 Kiuden, had secreted herself at a gentleman's house at Twicken- 
 ham, who had married one of her step.daughters. A warrant 
 being obtained from Justice Spurling for apprehending her, on 
 Sunday, February the 1st, Mr. Cox, the head constable of the 
 Eastern Division of Blackheath, in Kent, and one Paterson and 
 Thomas Blee went to Twickenham, whereat first, on enquiry, they 
 were told there was no Mary Jones there ; but on enquiry at the 
 house for a wrong person, Blee saw her coming down a walk in the 
 garden, at a distance, (he being the only one that knew her) ; but 
 she made her escape through the hedge into the next yard, and so 
 into the cellar of the next house, where after a short search they 
 found her under a beer-stand, rolled up like a hedge-hog. As 
 soon as she was discovered, she held out her hand, and desired she 
 might be helped up, which done, she was confronted with Blee, 
 and absolutely persisted in having no knowledge of him, protesting 
 she had never seen Blee before. However, they forthwith brought 
 her to London in a coach, to the Jerusalem tavern on Clerkenwell 
 Green ; and on hearing that Justice Spurling was not to be in town 
 till the uext morning, they carried her for that night to the Flying
 
 57 
 
 Horse In Bartholomew-close, where they secured her till the next 
 day, and then carried her before Justice Spurlirig, who came to 
 town on purpose. 
 
 This wretch, while before the Justice, stiffly denied knowing 
 Blee, who was present, or Mac Daniel, or Berry, or any thing 
 concerning Kidden ; but Blee swearing positively to her, she waa 
 that day, February 2d, committed to Newgate for the wilful 
 murder of Joshua Kidden ; the commitment charging her, that she 
 caused the said Joshua Kidden to be apprehended, and, by perjury, 
 to be prosecuted and convicted of a robbery, pretended to have 
 been committed by him, the said Kidden, on her the said Mary 
 Jones, and for which he was unjustly executed. 
 
 On Thursday the 29th of April, 1756, a bill of indictment was 
 found against the three notorious miscreants, at Hicks's Hall, for 
 the said wilful murder; and another indictment the same day was 
 found by the same Grand Jury, charging them all three for a con. 
 spiracy against the life of the said Kidden. 
 
 On Friday the 30th of the same month, another bill of indict, 
 ment was found by the ("i rand Jury of London, at the Old Bailey, 
 against John Berry and Mary Jones, for wilful and corrupt per. 
 jury on the trial of the said Joshua Kidden, (Mac Daniel was not 
 on the trial), at the Sessions-house in the Old Bailey, when he was 
 unjustly convicted solely on the most full and positive evidence of 
 the said Berry and Jones, whose said testimonies were utterly 
 false, and wilfully corrupt. 
 
 The next evening the three prisoners were brought from New- 
 gate to the bar at the Sessions. house in the Old Bailey, and severally 
 arraigned on the said three indictments, to all which they pleaded 
 Not Guilty; and then a motion was made in behalf of the prose. 
 cution, that the prisoners trials thereon might be put off to the 
 next Sessions, because the witnesses for the prosecution could 
 not be present to give their testimonies till then ; whereupon it waa 
 moved by counsel for Mary Jones, on the Habeas Corpus Act, 
 that as she the said Mary Jones had been confined two sessions, 
 and that as she had put in her prayer the first day of each sessions 
 to be tried, bailed, or discharged, and the prosecutor not ready to 
 go to trial on the indictment for the murder, she having beea 
 charged only with the murder of Kidden before, that she was en- 
 titled by law to be discharged from her confinement, on account of 
 the said indictment for the murder ; and that they were ready to 
 give bail for her appearance at the next sessions, to take her trial 
 on the other two indictments, as they were bailable offences; and, 
 on hearing counsel on both sides, the Court were of opinion, that 
 for neglect of prosecuting her, she was entituled to be set at liberty 
 in pursuance of the Habeas Corpus Act, on the charge of murder, 
 but that they should expect undeniable bail for her appearance, to 
 take her trial on the other two indictments next sessions, and accord, 
 iogly she was left by order of Court for bail. 
 
 The Court having given their opinion, the counsel for the Crown
 
 Ihen replied, that, if her person was to be discharged for neglect of 
 prosecution, as soon as she was bailed for the other offences, they 
 would immediately apprehend her on a warrant, as standing charged 
 with the murder of Joshua Kidden, and not having taken her trial, 
 by which she must by law be re-committed ; adding, that she could 
 never be cleared of the crime till discharged by verdict of a jury. 
 
 Accordingly, in June Sessions, 1756', in Alderman Bethell's 
 mayoralty, Mac Daniel, Berry, and the female miscreant Mary 
 Jones, were indicted for the wilful murder of Joshua Kidden, in ma- 
 liciously causing him to be tried, convicted, and executed, well know- 
 ing him to be innocent of the fact they laid to his charge, and with 
 an intent to share to themselves the reward. They were convicted 
 (DEATH) ; but, there being a doubt whether the facts proved 
 against them amounted in law to murder, the Court immediately 
 respited the judgment, in order that the point might be solemnly 
 argued before the twelve judges, and the attorney-general dedin 
 ing to argue the point of law,* the prisoners were, as to the in, 
 dictmcn t for murder, at a subsequent sessions, discharged f 
 
 * ' We have the authority of Mr. Justice Blackstone (4 Com. 196) for 
 saying that the attorney-general did not decline arguing the point of law 
 from any apprehension that it was not maintainable, but from other pru~ 
 deittial reasons; and therefore that nothing should be concluded from the 
 waving of that prosecution. What the chief of those prudential reasons 
 was, he alludes to in the same passage ; namely, to avoid the danger of 
 deterring witnesses from giving evidence upon capital prosecutions, if it 
 must be at the peril of their own lives. With respect to the offence, in 
 foro conscientiae,' it is, without doubt, as aggravated a species of murder 
 as any that can be conceived." East's PI. Cr. c. 5, s. 94. Mr. East 
 subjoins, that he " has heard Lord Mansfield, C. J., make the same ob- 
 servation (as Mr. Justice Blackstone), and say, that the opinions of 
 several of the judges at that time, and his own, were strongly in support; 
 of the indictment." 
 
 Mr. Harrington, in his observations on the pillory, remarking on the 
 infliction of that punishment on Egan and Salmon, says " the offence of 
 these criminals was undoubtedly of the most atrocious nature ; nor do I 
 see," saith he, " why they might not have been indicted for murder, 
 notwithstanding Mr. Justice Foster hath, in his Reports, p. 132, intimated 
 Ins opinion that such an indictment would not lie, and chiefly because 
 there is no such precedent .'" It seems Sir Edward Coke informs us ( 
 Inst. 48), that " to procure the death of an innocent person, by giving 
 false evidence against him, was not holdenfor murder in HIS time :" ergo, 
 it cannot be murder in OURS ! Miserable trifling ! 
 
 By the ancient common law of England, it was held to be murder to 
 bear false witness against another, with an express premeditated design to 
 take away his life, so as the innocent person be condemned and executed. 
 ^Mirror, c. 1, s. 9, Brit. c. 52, Bract, lib. 3. c.4. 
 
 ** The doubt," says Judge Foster, " could not have arisen in any other 
 country, where the Roman law is allowed to have any weight ; for by that 
 law it is expressly declared, That witnesses, who by a false and malicious 
 testimony procure an innocent man to be capitally condemned, shall be 
 deemed guilty of murder. ' Quive falsum testimonium dolo inalo dixerit, 
 quo quis publico judicio. rei capitalis damnaretur.' Digest, lib. 48, 
 tit. 8, 2."
 
 2$ 
 
 Frflm this result there is too much reason to fear, that the just 
 indignation excited in the public mind produced that effect in cer- 
 tain quarters which it seldom fails to do, when facts discover th 
 rottenness of a system, or the cold-hearted indifference or neglect 
 of its administrators.* At a time, therefore, when the country is 
 once more disgraced by similar scenes of villainy, the public at- 
 tention cannot be called too pointedly to this probability, or, finding 
 it fact, be urged too strongly to watch against a repetition. It wiH 
 scarcely be credited that the discoveries of 1756 produced no perma- 
 nent alteration of the system with respect to rewards, although the 
 journals of that year state that more than SEVENTY PERSONS 
 
 * The reader's attention will be well bestowed upon the following argu- 
 ment by an acute writer. " I have often reflected on the defective 
 ADMINISTRATION of our laws, but never so much as since the affafr 
 of the thief-takers. It is objected that they cannot he legally convicted 
 of any crime hut PERJURY, though by that perjury they knowingly, 
 deliberately, wilfully, and maliciously TOOK AWAY LIFE ; for, where there 
 is no provocation to kill, malice is implied by the law. I will propose a 
 parallel case the well-known fable of the Monkey, the Cat, and the 
 Chesnuts, and ask, whether the monkey did not burn the cat wilfully and 
 of malice aforethought? or whether he only feloniously stole the chesnuts, 
 and burnt the cat as a means safely to perpetrate the theft? For my 
 part, I think he did burn the cat wilfully and of malice aforethought. lie 
 knew he could not have the chesnuts without making use of her paw, or 
 running the hazard of burning himself. He determined, however, to have 
 them without burning his own, therefore he determined to use the cat's 
 paw; or, in other words, he wilfully and of malice aforethought intended 
 and resolved to put the cat's paw in the fire, by which act he knew the 
 cat's paw would be burnt. This act of barbarity was certainly a greater 
 crime than the stealing of the fruit, and surely the cat had as much reason 
 to seek redress as the owner of the chesnuts. Now the condemnation of 
 the porter (Ridden) was the means which the thief-takers pitched upon to 
 cheat the public of certain rewards. They did not choose to rob openly 
 on the highway, or break into a house, and thus expose themselves to 
 punishment, as the monkey did not choose to venture his own fingers; 
 but they determined to gain the money without exposing themselves, 
 therefore they determined to procure the porter's condemnation ; and, as 
 the natural consequence of the monkey's putting the cat's paw into the 
 fire was the burning it, so was the man's death the natural consequence 
 of the condemnation they procured. Surely, then, they resolved, and 
 intended wilfully, and of malice aforethought, to procure his death, as the 
 only means by which they could safely rob the public. Their perjury on 
 the trial, or their defrauding the public of a sum of money, is equal to the 
 theft of the chesnuts. But the means they used, or their prosecuting the 
 man to death, was, like the monkey's burning the cat, a determined, 
 wilfuf, malicious act a separate act of murder, for which they ought to 
 die. Had the cat sued the monkey before JEsop, her action would have 
 been considered apart from the theft, and he would have received ade- 
 quate punishment for his injury to her. Upon the whole, these wretcbe* 
 evidently contrived the porter's death, and they sted lastly persevered in 
 their horrid machinations, without the least remorse, till they executed 
 him, under the sanction of the law. And shall those laws protect them? 
 No : away with such detestable monsters ; cut them off quickly, as a 
 satisfaction to their country and a reparation of her honour." Gent. Mag, 
 f ol. 26, p. 295.
 
 so 
 
 were convicted by the machinations of Mac Danief, Berry, and 
 their gang, who received upwards of one thousand seven hundred 
 -end twenty pounds FROM THE TREASURY /or BLOOD- 
 MONEY. They further state, that previously to the sensation 
 created by these trials, which partially impeded this species of 
 humane and judicious encouragement, forty-fire persons were 
 capitally convicted in one year, and that for tico years afterwards 
 the condemned only amounted to fifteen. What do such facts 
 prove with respect to the policy of this unqualified pecuniary 
 incentive to conspiracy and perjury ? and more coupled with 
 existing circumstances, -what a comment do they not form on the 
 fulsome and ridiculous panegyric which has been so incessantly 
 heaped on this order of men by the Bench and, by the bye, on 
 few more than on the fellow whose criminality is now under inves- 
 tigation ? Credit is doubtless due to active and undaunted indi- 
 viduals of this class, and let their merit be appreciated in the 
 proper quarter; but, for the honour of Christianity, let us be 
 pared orations upon exertions which are rewarded exactly in 
 proportion as they are made, and that too by a direct premium, 
 on blood* The manner in which this is sometimes done resembles 
 the patting of a terrier when it issues with ensanguined jaws from 
 a rat-hole, and would be barely siifferable if reward were out of 
 the question. Those who attend examinations must frequently 
 observe the extreme licence assumed by police officers, and occa- 
 sionally wonder at the implicit credit their unsupported testimony- 
 receives. Some confidence must be put in them undoubtedly ; 
 but the cases at present before the public ought to convince every 
 unprejudiced person of the danger of implicitly trusting to men 
 who receive FORTY POUNDS per head -for hanging other 
 men. Without any great assumption of philosophy, and yet with 
 all proper liberality, it may be asserted that thief-taking, as a 
 profession, is not favourable to correct morals, and that an inti- 
 mate acquaintance with the taken sometimes operates most injuri- 
 ously on the taker not to mention the previous rank of life of 
 the holy brotherhood, which neither is nor can be the best taught. 
 All this bespeaks caution and reserve on the part of the magistracy; 
 but unfortunately an acquaintance with the refuse of society 
 sometimes affects them as much as their inferiors. There is a kind 
 of slang aptitude observable occasionally both on the bench and 
 the judgment-seat, which is a sure indication of the effect of evil 
 communication ; and, what is worse, a " right worshipful" of this 
 class is generally severe. He serves doubt as Alexander did the 
 Gordian knot ; he cuts it and death ends all evils. 
 
 But little would be the comparative utility of adverting to the 
 past, to throw a light upon present villainy, if individuals only 
 were blameable, and not the system. In referring to the monstrous 
 murders of the gang of 1756, it should never be forgotten thar, 
 in all human probability, the facts brought to light formed but a 
 very small part of its infernal labours. Both before and after*
 
 31 
 
 %irds the same machinery of rewards was in full motion ;* and 
 every discovery, that of 1816 not excepted, has proved that the 
 parties concerned were veterans in their line. \Vho can say how 
 many innocent persons fell a prey to Berry and Co. of 1756? 
 who determine the number of the victims of the conspirators of 
 1816?+ Bad characters were certainly their most obvious prey ; 
 but the murdered Kidden of the former band, and the poor con- 
 victed Irishmen of the latter, prove the carelessness of these 
 wretches as to the demerits of those whom they sacrificed for re- 
 ward. And then, as to the actually bad, of what description were 
 they ? the very worst by no means, but generally poor, igno- 
 rant, and miserable pilferers, or small depredators, whom it was 
 necessary to tempt into the commission of daring crime ! Indeed, 
 the wretched plan of remuneration per head, and species of offence, 
 must produce this mischief every way ; for, until guilty of sonic.. 
 thing CAPITAL, they are not worth apprehending, and thus 
 PREVENTION is indirectly impeded. The slightest reflection 
 will convince us that, with respect to connivance, the evil of 
 remunerating by specific reward must be abundant. Allowing 
 police officers to be every thing they are sometimes said to be, 
 they cannot be expected to move so alertly without a pecuniary 
 motive as with one ; and, not to make them Macdanicls or Berrys, 
 is it uncharitable to infer that many among them may be indifferent 
 to the detection of crimes which are short of price to the ap- 
 prehension of criminals who do not weigh their weight!^. 
 
 It must not be imagined that this account is edited with tha 
 slightest wish of prejudicing the individuals now in custody. 
 Where enormous guilt is alleged, the more calmly should the 
 judgment be exercised on the circumstances tending to prove it; 
 
 * It is hardly necessary to refer to the well-known labours of Jonathan 
 Wild. The wretched villainy to which the system of specific reward 
 formerly gave rise, is indeed unspeakable. Let any one refer to the novels 
 of Fielding, particularly Amelia, and attend to the scenes described bj 
 a man who was subsequently at the head of Bow-street. Smollett is 
 equally severe ; as witness the apprehension of poor Humphrey Clinker. 
 These were only fictions, it will he said : true ; but they are the fictions 
 of men whose knowledge of existing society was undeniable; and novels, 
 says Lady M. W. Montague, always convey the received sentiments of 
 their day. 
 
 t Should any other person be enabled to ascertain "the fate of the wretch 
 Mary Jones, and will convey particulars to the publisher, it shall be no- 
 ticed in a second edition. It will be recollected that Euan was killed in 
 the pillory. On the 26th February, 1762, Berry died in Newgate of eating 
 muscles. The year afterwards, Mac Daniel got himself sent as a 
 soldier to the Indies for life. Salmon, it is believed, died in Newgate 
 before Berry. But further precise information respecting tbem will be 
 acceptable to W. Hone, 55, Fleet-street. 
 
 J And who, it may be added, can say how many fell victims to simitar 
 iniquity, which has never been discovered ? A complete understanding 
 seems to have existed among the thief-takers of 1756; *-eie these alone 
 guilty who were apprehended? See what Spanish Jack said of the thie 
 takers then in Newgate, as well as of those at liberty ! (p. 9, note.)
 
 35 
 
 but it Is quite evident that too much attention cannot le paid to the 
 iases now before the public, and that a reference to a miserable 
 faliing-offin substantial justice on a former occasion may operate 
 lo prevent the recurrence of a similar evil at present.* It may do 
 more -it may move enlightened and powerful individuals to inves- 
 tigate the merits of an arrangement which has thus repeatedly^- 
 employed law to murder innocence, and produced instances of 
 demoniacal wickedness disgraceful to the age and country in which 
 they occur an investigation which, to be serviceable, must not 
 attend for a moment to round assurances or certificates of cha- 
 racter, which, on the detection of erery species of low oppression 
 or tyranny, is sure to be obtained. Magistrates absolutely certi- 
 fied the merits of Macdaniel and Berry in the public prints of 
 their day, when first taken up ;J and it is now very well known 
 that, when light breaks in upon the evil deeds of men of their 
 stamp, it is the interest of many to stop up the gap. Hence, 
 with great truth, a writer on the homicide of Egan, in a most 
 respectable publication of that day, enumerates amongst the causes 
 which generate such monsters " the ENCOURAGEMENT given 
 to THIEF-TAKERS who will never want the character of use- 
 ful and good-spirited men from fellows but ONE degree above 
 t/iemselves" 
 
 * It is impossible to deny the necessity of precise definition in criminal 
 few, or that the guilty should have the benefit of the omission ; but, in the 
 abstract, it is impossible not to smile with bitterness at the idea of a dozen 
 men in large wigs assembling to decide whether falsely swearing a man to 
 the gallows for 40). is murder, and gravely declaring No! it is a picture 
 for Gulliver! It is no palliation to say, that the miscreants endured worse 
 than death in the pillory that was in spite of law ; and the woman Jones 
 apparently escaped all. 
 
 f Just as this was going to press, the publisher was favoured, by an 
 intelligent friend, with the following extract from the Gent. Magazine.' 
 " May 14, 1785. The grand jury for Middlesex found a bill of indictment 
 against John Lockrell and a constable) his accomplice, for perjury, having 
 sworn against two men, Peter Newberry and William Iveson, both capi- 
 tally convicted and included in the dead-warrant, but since found innocent, 
 on the fullest enquiry, and sworn against only to obtain the reward. 
 What punishment can be adequate to such an offence ?" Mr. Urban, by 
 reference to former volumes of his excellent Miscellany, might have pro- 
 fitably engaged the attention of his readers. 
 
 J In public advertisement they styled them very honest fellows, and 
 men who hazarded their lives for the good of t/teir country ! (See p. 7). 
 
 It is not very extraordinary that at that period, when the police was 
 under very bad management, and trading justice was in full custom, many 
 of its retainers, who were criminals, should escape. They could better 
 spare better men, upon the very principle that a bed-ridden weaver in 
 New England was hanged for the murder of an Indian, committed by a 
 preaching cobler. The Indians insisted that the murderer should be 
 tanged ; but, as they did not know his person, the New England people 
 thought it much better to hang up the bed-ridden weaver than the offender, 
 " who," says th* narrator, " was a useful man among them, by acting in 
 the double capacity of preaching and cobling.'' Gent. Mag. vol, 7 r 
 page 712. 
 
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