Memoirs of James Hardy Vaux/Volume 2/Chapter 5
CHAPTER V.
HAPPENING soon after the adventure at Drury-lane, to read an advertisement, stating that a meeting of the freeholders of the county of Middlesex would be convened on the 11th of November, at the Mermaid Tavern, Hackney, to consider of the expediency of petitioning the Throne on the subject of parliamentary reform, it struck me that I might find it worth while to attend this meeting, as it would probably attract a large concourse of people, and, as at such assemblies riots and much confusion frequently occurred, which afforded a favourable opportunity for plundering the pockets of the company. On the day appointed, I accordingly left town in one of the Hackney stages, and arriving at the Mermaid about one o'clock, found the sheriffs had just opened the business of the meeting, which was held in a large room commonly used as an assembly-room for dancing, and detached from the tavern itself. To my disappointment, however, there were not above three hundred persons collected, and the building being very spacious, there was not the least prospect of any violent pressure taking place. Before I commenced my operations, I entered a small house called "The Tap," immediately contiguous to, but distinct from, the Mermaid; and going into a parlour, called to the landlady, a decent looking elderly woman, for a glass of brandy and water, and a pipe. Having taken and paid for this refreshment, I proceeded to the meeting; and found, so far from any tumult or uproar, that the whole company were collected at one end of the room, and listening in profound silence to the speech of some popular and patriotic orator, who was warmly censuring the conduct of ministers, and advocating the cause of liberty. I now entered the thickest part of the crowd, and having tried the pockets of a great many persons without feeling a single pocket-book, I at length extracted successively two snuff-boxes from different gentlemen; but their coats being buttoned up, and the pockets inside, I was obliged to use my scissors in cutting the bottom of each pocket, before I could obtain the desired prizes. This trouble and risk I should not have incurred had not I assured myself that the boxes from their shape, &c.; were both silver; but to my mortification, they proved on inspection, the one wood, and the other a sort of japanned leather, though both perfectly genteel, and mounted with silver: however, as they were of no intrinsic value to me, I threw them away; and, although it was rather imprudent I entered the room a third time, in hopes of better success. I soon found myself standing behind a well-dressed man, who was wrapped in deep attention to the speaker, and perceived to my great joy that he had a small leather pocket-book in his inside coat-pocket, and also a very fine large snuff-box, evidently silver, from its shape and weight. I had again recourse to my scissors, and having made an incision, extracted the contents of the pocket, with which I hastily retired: but I was again partially disappointed, for I found that what I had taken for a pocket-book, was in fact merely a pen and ink-case: the box, however, was a very elegant one, and quite new. Although it appeared that I was not destined to be very fortunate in this day's adventure, I determined to make one other trial; but as it would be dangerous to keep the stolen box about me, and I saw no convenient spot in which to conceal it, I adopted the following method to dispose of it, while I made my final attempt in the assembly-room. Going into the little tap-house before described, I addressed the landlady, inquiring if she sold any snuff, or could without inconvenience, procure me a little. She answered that she had none, but would get me some in a very short time. I thanked her, and replied that as I was anxious to hear the debates in the assembly-room, she would oblige me by procuring an ounce of rappee, for which purpose I handed her the box I had just obtained, saying I would call for it in a quarter of an hour. Having now, as I conceived, effectually and safely deposited my prize, I left the Tap with an intention of re-entering the meeting-room; but suddenly changing my mind, I determined to desist, having by the box alone secured the expenses of my journey, and to return immediately home. However, as I felt hungry, and saw no signs of accommodation for eating in the Tap, I proceeded a little way up the street, till I came to a sort of cook's-shop, where I procured a lunch, and then returned to reclaim my snuff-box from my obliging old landlady, having been absent from her barely a quarter of an hour. Going boldly up to the little bar in which she sat, I inquired if she had procured me the snuff; she replied that she had, and turning round to a cup-board behind her, produced the box, which I held out my hand to receive; but, to my utter confusion, I was prevented by the gentleman himself, from whom I had stolen it, who, starting from a dark corner of the passage close to my elbow, where he had been concealed, received the box in his hand, and turning to me, inquired in a peremptory tone, if that was my snuff-box? I answered with a smile, "No, Sir, it is a box that I found—if you have any claim to it, it is much at your service." He then inquired where I had found it; I replied, that going to make water in a corner of the stable-yard, I perceived something shine amongst some rubbish, which taking up, I found to be the box in question; that I was myself in the habit of taking snuff, and having that day left my own box at home, I thought it a good opportunity of getting a supply; that I had therefore commissioned the landlady to procure me some snuff, and left her this box for that purpose. The gentleman rejoined, that he had been robbed of the box in the assembly-room, and that having found it in my possession, he felt it incumbent to detain me, on strong suspicion of being the thief. All I could urge, and every art I tried, were ineffectual to convince this rigid gentleman of my innocence, and several others joining him, one of them asked my name and situation in life. I answered, that when charged with so disgraceful an act as that of picking pockets, I should certainly decline giving such explanation; but that I should at a proper season, be enabled to refute the accusation, and prove my respectability. To this the inquirer replied, that although himself a justice of peace, he certainly had no wish to extort, nor was I obliged to give any answers against my inclination, and that upon the whole, he could not censure me for preserving silence; however, as the property stolen had been traced to me, it became his duty and that of the owner, to have me detained till I gave an account of myself. A constable being called in, was now desired to search me, which he proceeded to do, and the first thing he found was a pair of small scissors without a sheath, in my breeches-pocket, where I had in my hurry deposited them after cutting out my last booty. The constable exhibited these with an air of triumph, exclaiming to the by-standers, "See, gentlemen, here are the tools the pocket was cut with!" He also took from me about fifty shillings in loose money, a pocket-bock, card-case, pair of silver spectacles, a two-bladed knife, silver pencil-case, tobacco-box, handkerchief, gloves, &c., all my own property, and such as I usually carried about me. I had left my watch at home, which, it being a valuable one, I was frequently persuaded by my wife to do when I went upon such excursions as the present. The meeting being by this time dissolved, the loser of the box set off on his return to town, and I was left in charge of two constables who were to follow with me. In about an hour, a coach being obtained, I was conveyed to Worship-street office for examination, where I arrived at six in the evening, just as the magistrate had taken the chair. This worshipful justice was Joseph Moser, esq., a gentleman of an eccentric character, and the same, if I mistake not, whose name I have frequently met with in print, as the author of many well-written and humorous essays, &c., in periodical works. Being placed at the bar, the prosecutor, who proved to be a Mr. Imeson, tobacconist, in Hollywell-lane, Shoreditch, made his appearance in the same coat he had on in the morning, and exhibiting his pocket, through the bottom of which he thrust his hand by way of demonstration. He stated, that he was that day attending the meeting of freeholders at Hackney, and while listening to the debates in the assembly, room, he had occasion to take snuff; when putting his hand in his pocket, he found the bottom of it cut, apparently with a sharp scissors, and not only his snuff-box, but every other article taken out; that he was sure the depredation was recent, as he had taken snuff but a few minutes before, and had not since changed his position: that he staid to hear the conclusion of the business, and on leaving the room, was relating his loss to some gentlemen in the inn-yard, and that a little boy happening to overhear him, stepped up and said, "Sir, my mother has got a pretty snuff-box, that a gentleman gave her to put some snuff in;" on which he was induced to accompany the child to its parents, where, requesting to see the box, he found it to be his own; that he had then taken the measures for my detection, which I have above related. The landlady, Mrs. Andrews, was then sworn, and stated my coming to her house, taking some refreshment, and afterwards returning to inquire for snuff, leaving her the box, &c., all which, she said was transacted in the most public manner; and, the good woman voluntarily added, that she could never suppose I should have acted as I had done, had I been the person who stole the box. The officer who had searched me, now produced the articles taken from my person, not forgetting to dwell upon the circumstance of the open scissors, the sheath of which he found in another pocket. The magistrate viewing these articles with attention, observed, that he had no doubt of their being all stolen, and ordered them to be advertised in the daily papers, and that I should be brought up again on that day week, when it was probable the persons who had lost such articles, would attend to identify them. As to the present charge, he said the case was clear enough, and he would, to save further trouble, bind over the parties to prosecute at once. Then addressing me, his worship inquired my name, place of abode, &c. I answered, that my name was James Hardy, but I must beg to decline giving any further account of myself, as it appeared his worship was determined to commit me for trial, and I should therefore not trouble my friends until a future day. Mr. Moser now remarked on some of the articles found upon me, inquiring with a sarcastic grin, how long I had worn barnacles? As to the knife, he said it was evidently a thief's knife; and turning to Armstrong, one of his officers, he asked him, if that was not such a blade as they used for starring a glaze? The knife and scissors, his worship called my working tools. It was in vain I assured this facetious justice that these things were my own lawful property, and offered to prove where I had purchased them all: he insisted on detaining them, and was hardly persuaded to return the money taken from me. I was then committed to New Prison, Clerkenwell, to which I was conveyed about nine o'clock at night. Arriving there, I desired to be accommodated between-gates, and after paying the usual fees, &c., I was conducted to a bed in the same room I had occupied on a like occasion, in the year 1800. Having now leisure to reflect on the occurrences of the day, I began to consider my situation hopeless enough; the snuff-box having been traced to me, the circumstance of the pocket being cut, the scissors found, &c., altogether furnished a chain of evidence, too strong, I feared, to be overruled by my bare assertion, that I had found the property; a defence the most flimsy, but the most commonly resorted to. I, therefore, laid my account with being transported at least. What heightened my present distress was, that my poor wife would be grievously alarmed at my not returning home this night; and it would be a difficult matter, even the next day, to inform her of my situation, as I knew the officers were intent upon discovering, if possible, my place of abode, in order to ascertain my character, and mode of life. The morning being come, I was fortunate enough to meet with an intimate acquaintance, by whom I despatched a message to my wife, requiring her to visit me immediately, and in an hour's time, I had the pleasure of seeing her appear. Her distress may be easily conceived. I comforted and encouraged her as well as I could; and giving her a strict caution not to suffer herself to be followed or watched in her return, desired she would wait with patience, and hope for the approach of the session, which would decide my fate. During the interval of my second examination, I read the following advertisement inserted by the officers of Worship-street:—"Stopped upon a suspicious person now in custody, the undermentioned articles, supposed to be stolen; [here they were all minutely described.] Any persons having lost such goods, are desired to attend at this office on Friday next, when the said person will be brought up for re-examination, &c.." On the 18th of November, I was accordingly re-conducted to Worship-street, my wife being permitted to accompany me in the coach. Being again brought before Mr. Moser, that gentleman inquired if any body was in attendance to claim the property found on me; and being answered in the negative, he expressed himself confident that claimants would appear, but said he would, however, finally commit me to Newgate, and, that the articles in question should be detained until the day of my trial; when, if not owned before, the court would no doubt restore them on my application; nor could all my asseverations or arguments convince him of the property being my own, or induce him to alter his decree respecting them. I was accordingly conducted to Newgate, accompanied by my wife, whose uniform attention to me in this and every other distress, proved the sincerity of her attachment.
As the session was to commence on the 30th, I had no time to lose in preparing for my trial. I, therefore, drew up a brief for counsel, in which I dwelt strongly on the open and public manner in which I had acted with Mrs. Andrews; the improbability that I should have taken so much trouble, had I been the thief who stole the box, full of snuff, as the prosecutor described it to have been, and on every other point which I thought might prove of moment, or afford the counsel an opportunity of shewing his wit or ingenuity, but still deceiving even him, by stoutly adhering to my first story of finding the property. This brief I sent by my wife, with the usual fee, to Mr. Knapp, a gentleman, of whose abilities I entertained a high opinion. Notwithstanding all this, I had at the bottom, very little hopes of escaping conviction; and persons best experienced in such matters, who heard the circumstances, declared nothing but a miracle could save me. I, however, concealed these unpleasing ideas from my wife, and assured her that I felt confident of being acquitted. The grand jury being met, I soon heard that a true bill had been returned by them; and, on the following Wednesday, the court opening, I was taken down for trial, but was not put to the bar until Friday the 2d of December. Previous to my leaving the ward of the prison in which I lodged, a fellow-prisoner, with whom I had become intimate, knowing the circumstances of my case, and the nature of my intended defence, had in a half-jocular manner, offered to lend me his snuff-box, which he advised me to display to the court, and occasionally to take a pinch from it during my trial; this he observed, would strengthen my assertion that I was in the habit of using snuff, and give a colour to my defence; and, he good-naturedly added, that he hoped it would prove lucky to me. I thankfully accepted the proffered favour, of which I did not fail to make use at the proper season. Being arraigned at the bar, I stood capitally indicted for stealing a silver snuff-box, value two pounds, the property of Thomas Imeson, privily from his person. Mr. Imeson having given his evidence, my counsel in cross-examining him said, "I take for granted, Sir, you can't take upon yourself to swear, whether you were robbed of your snuff-box, or whether it fell through the hole in your pocket; all you know is, that you found your pocket torn, and the box among other articles missing?" Answer, "Certainly I cannot." The landlady then stated in a faltering voice, and evidently much embarrassed at being examined before so large an assembly, the manner in which I had applied to her, &c., and in answer to a question from Mr. Knapp, said, that she could never suppose I should have acted in the open manner I did, if I had stolen the box. The constable who searched me was the next witness; and he having described that proceeding, and produced the articles found upon me, the Recorder, who presided on the bench, said, "I suppose, Mr. Bell, there were a great variety of characters attending this meeting, which was held for the purpose of obtaining parliamentary reform?"
Ans. "Certainly, my lord."
Recorder. "No doubt there were many persons, freeholders as well as not freeholders?"
Ans. "Yes, my lord."
Recorder. "I dare say people of all descriptions, tag-rag, and bobtail?"
Ans. "There might, my lord."
I now began to entertain strong hopes, perceiving that the tide of prejudice ran in my favour. I was dressed in a very genteel but becoming manner, and had not the least appearance of a thief. I had put on the most modest air and countenance I could assume, and I thought the court and jury appeared to view me with favourable eyes. I, therefore, took another pinch from my friend's box, and waited the event with patience, being prepared with a good defence, when called upon to make it. But I was not put to that trouble; for the Recorder addressing the jury, said, "Gentlemen, I must in this stage of the trial, deliver it as my opinion, that I cannot see any grounds for charging the prisoner with felony. Gentlemen, the accident of finding a snuff-box might have happened to one of yourselves, to me, or to any other honest man; and, it would be hard indeed if such an accident should subject the finder to a prosecution for felony. If you are of my opinion, it will be unnecessary to recapitulate the evidence, or put the prisoner upon his defence." His Lordship then paused, and I leave the reader to imagine the state of suspense I was for some moments in. The jury having whispered together, one of them stood up and said, "My lord, we wish to ask a question of Mrs. Andrews, namely, whether at the time the prisoner brought her the box, he delivered it as his own, or said he had found it?" Mr. Knapp eagerly catching at this question, desired Mrs. Andrews to stand up, and said to her, "Mrs. Andrews, the jury wish to ask you whether the young man at the bar told you it was his own snuff-box, or whether he said he had found it it." The poor simple woman, confused and trembling, and not comprehending the drift or importance of the question, answered in a low voice, "He said he had found it, gentlemen." Mr. Knapp having obtained this answer, with a smile, or rather laugh of satisfaction, turned to the jury, repeating her words, "He said, he had found it. I hope, Gentleman, you are now satisfied." He then folded up my brief, and handed it to an officer of the court, to whom he made a motion with his hand to return it to me. I received it with a respectful bow of acknowledgment, and Mr. Knapp threw himself back in his seat, and began playing with his watch-chain, as much as to say, "the business is settled, I have successfully done my duty, and saved my client;" and, so indeed he had, for the foreman immediately pronounced the welcome verdict of "Not Guilty." There is one circumstance to which my acquittal on this occasion may be in a great measure imputed; namely, that I was fortunately not known by any of the turnkeys or officers of the court, who never fail when an old face appears, to give a private intimation to the judge, if (which is very rare) he should not himself recognise the party. I now applied to the court for the articles taken from me, which the Recorder ordered to be restored; but first expressed a wish to view them, saying to the constable, "Let me look at those articles, Mr. Bell, there is nothing remarkable in them I suppose." The malicious constable answered, "No, my lord, without it is the scissors." The Recorder, having minutely examined them, replied "I see nothing extraordinary in them neither, Mr. Bell, except that they appear to be remarkable good ones—poo, poo, let the young man have his property by all means:" on which the fellow, evidently chagrined, delivered the whole into my hands. As to the snuff-box, his Lordship observed, there could be no doubt but it was the same which Mr. Imeson had lost, though he could only speak to its identity, as being of the same pattern, having bought it but a few days before the accident, and there being no mark which he could know it by: he was, therefore, ordered to retain it. I then bowed with gratitude to the court and jury, and with respect to the auditors, and quitting the bar, had my irons knocked off, and was received with open arms by my dear wife, who had been waiting the issue in anxious suspense, accompanied by my friend Bromley. We all three returned to the prison, where I had left some little matters, and every one was astonished at my acquittal. I restored the borrowed snuff-box to my kind friend, not forgetting to acknowledge its beneficial effects by a present to himself, and a liberal treat to the whole ward. I afterwards sent for a coach, in which myself, my wife, and old companion, were driven to my lodgings in Duke's-court, Drury-lane; and, I need not add, that we spent the remainder of the day in festivity, and heartfelt satisfaction. To account for my absence from home, my wife had informed the landlord, that I had met with an accident while at a friend's house a few miles from town, and could not be removed until I was perfectly recovered. Notwithstanding I blessed Heaven for this fortunate escape, which I had so little reason to expect, and thought myself supremely happy in recovering my liberty; yet I have ever since regretted that I was not then convicted, as there is little doubt but the capital part of the charge would have been done away with, and I should only have been transported for seven years, consequently, at the period of my writing these Memoirs, I should have had only a few months to serve before I became a free-man; whereas the sequel will shew that I was in a short time afterwards cast for death, and now find myself in the hopeless and deplorable situation of a prisoner for life!