David Otalini appears as a witness on the 13th December 1786 at the Old Bailey Court, London, England.
ORIGINAL TEXT:
113. GEORGE STEVENS and JAMES DAY were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Phillips and Gilbert Harrison, on the 3d day of December, about the hour of seven in the night, and burglariously stealing therein, three cotton gowns, value 2 l. 12 s. a silk gown, value 1 l. 1 s. a damask table cloth, value 6 s. an apron, value 1 s. a small striped muslin apron, value 1 s. a piece of silver coin, value 4 d. a tea-spoon, value 1 s. the property of Gilbert Harrison.
GILBERT HARRISON sworn.
I live in Halfmoon-court, Bartholomew-close, in partnership with Joseph Phillips; we have the house between us; I have been married to my wife only two months; I did not know what property my wife had; I was at church at the time
the accident happened; I came to my mother-in-law, which was the next door, about a quarter before eight; I did not observe any thing amiss; my wife went home to put the child to bed, and she alarmed me very soon after; she said, for God's sake come home, and she in a hurry pulled to the door, and left the child in the passage; it is a spring-lock; the child opened the door himself; we found the door was unlocked, and the drawers up stairs open and rifled. These things are my property.
MARY HARRISON sworn.
I went out at seven o'clock, and my house was safe; I double locked my street door; I only went after eight to put my little boy to bed, and when I came home, my street door was shut on the single lock; I left it double locked, I am sure of it; I attended particularly to it; I was the last person in the house; I went up stairs and saw my room door open, and I went back again.
Had you left that room door shut? - Yes, it was locked, I always lock my room door when I go out; I ran and fetched my husband, and when he returned, he found both our bureaus open, and all the things gone mentioned in the indictment; I saw the things that day about half after four.
Were the drawers locked? - No, I found the cotton gown, one silk gown and a table cloth; Mr. Lucas found them.
Mr. Garrow. Who was first taken into custody about this? - A Jew gentleman, and he gave information against somebody else.
Was not a woman of the name of Mason taken up? - Yes.
When you was first before the Justice, were the prisoners there? - Yes.
Who did the Jew first charge? - I can not tell.
Was not Mason taken up for this thing? - Yes.
WILLIAM WEAVER sworn.
I am one of the headboroughs of Clerkenwell parish: on Saturday evening I was informed, and in consequence of that, I called Lucy to my assistance; I went to Saffron-hill, No. 9, to a house kept by a person of the name of Mason; after waiting about the door for ten minutes, we saw Jem Robinson and another man come out of the house; on Mr. Lucy's attempting to seize him, he struck at him and made off; we then got into the house, and found that somebody had got over the wall backwards; we ran to the next door immediately, and got in at that; on going into the yard we found the prisoner George Stevens, and just where he stood there lay a quantity of wearing apparel; Lucy gathered up the things, and I tied George Stevens's hands; we then went out of the house, and we no sooner came to the door, but George Stevens seemed unwilling to go, and I believe he turned to kick me; I begged him to be quiet, at the same time I received a many violent blows which almost rendered me insensible; after receiving the second or third blow, I turned and saw this James Robinson, I saw him strike; I was overpowered almost with the blows I received, and rendered entirely senseless.
Mr. Garrow. You found Stevens in the yard the next door to Mason's? - Yes.
Who is Mrs. Mason? - I know nothing at all of her, I never saw her before that night; she was taken in custody, not by me, the same night; she was in custody about a week or ten days.
JOHN LUCY sworn.
I went to Mason's house on Saffron-hill; I observed James Robinson come out, I immediately endeavoured to apprehend him; he struck at me with a large stick and made his escape; I endeavoured to break open the door of Mason's house, but could not effect it; I looked through the key hole, and I saw Mrs. Mason with a large quantity of linen in her arms, going to the back door, and seemingly throwing it up as if into the next yard.
You saw nobody but Mrs. Mason? - No; we knocked at the next door, and after we had done so, about a minute or two the door of Mrs. Mason was opened; I rushed into the back yard; I heard somebody was getting over the wall, I could not see whether it was man or woman; I immediately run to the next door, and I heard a woman cry, lord there is a man in the house! I said to the woman, open the door, we are officers; she immediately opened the door, and I went into the yard, and saw the prisoner Stevens; I seized him, there was a large quantity of property spread about the yard; here is the cuff of a gown the same as one that was lost; I found this tea spoon in the yard afterwards, the prisoner said, he would go very quietly with me; as soon as we came out on Saffron-hill, there were near a dozen of men that struck at Weaver; I saw them knock him down, endeavouring to rescue the prisoner from me, but Stevens did not do that himself; after I had secured him, I put him into New Prison, and searched him; I found in his breeches pocket six guineas and a half; in the cuff of his coat I took out a small piece of coin; I said, George, what is this? he said, it was a threepence; I saw it was a fourpence; I went back to the yard again, and found a picklock key, which key I tried at the prosecutor's door when double locked, and it opened it in the presence of the prosecutor; I then went to the house of Mrs. Mason, and searched and found three gowns and the rest of the things I have here; I took her in custody; and brought the things away; I did not know that a person of that description lived there.
Mr. Garrow. Mrs. Mason was examined before the Magistrate? - Yes.
How long did she continue in custody? - Near a week; six days I believe.
She is now admitted an evidence for the crown I suppose? - Yes; and she attends here.
What did she say about Stevens when she was first examined? - I cannot positively say.
Do not you remember that she said this, that the prisoner Stevens knew nothing about the things that you had found; that she declared on her oath that he was innocent; and that if they should swear to him it would be taking away his life wrongfully? - I do not recollect that; though I would not venture to say she did not; I believe she was up three times; I think she said the first time she did not know how they came there.
At that time she did not say any thing against him? - No.
She was brought up a second time? - Yes, the second time she said, that Stevens was one.
How long had she laid in custody? - Five days.
The Jew gentleman was already a witness? - Yes.
What is his name? - I really do not know; I believe he was admitted to bail last Wednesday.
Had he made no charge against Mrs. Mason? - No, Sir; he knew nothing of her, nor she of him.
Do you know a woman of the name of Lydia Hall being taken up? - Yes, Sir, she is not here.
Upon whose information was she taken up? - The Jew said, she was present in the room; she was taken in custody and examined and discharged.
Day you apprehended on the description of this honest Jew gentleman? - Yes.
JONATHAN REDGRAVE sworn.
The Monday following the robbery, I was going through Black-boy-alley, and I saw a Jew selling lemons with a bundle; I searched him and found it was a gown.
DAVID OTALINI sworn.
What have you to say about this robbery at Mr. Harrison's house of linen and wearing apparel about a gown? - I was going past Hall's, I saw Day; I asked for the old woman; at the same time I asked her if she had any thing to sell; she said, yes, I have silk a gown by commission; I asked the price; she asked me a guinea; at last I bought it for fourteen shillings.
Was it a new one? No not new fashioned.
Was it worth no more? - No more; I buy it to get something by: I opened the door to go about my business, and an officer stopped me; he asked me, what have you there.
(The gown deposed to by Mrs. Harrison.)
Harrison. I have had it about three or four years; I did not buy it new; I gave forty-five shillings for it.
What may the value of it be now? - It is worth two guineas.
Mr. Garrow. How much did you give for that? - Fourteen shillings.
And so then they napped you, and swore they would hang you? - Yes.
And I dare say they will fulfil their prophecy by you one day or other.
(The tea spoon deposed to by Mrs. Harrison.)
Mrs. Harrison. It has my mark upon it; I have another that corresponds to it.
(The other gowns deposed to.)
ELIZABETH MASON sworn.
Are you a married woman? - No.
How came you to buy these things? - These things the prisoners Stevens, and Robinson and Andrews, otherwise Anderson, brought into my house on Sunday se'night, in the evening, about eight o'clock; they brought them to me to buy.
Do you deal in clothes? - Yes.
Do you usually buy and sell clothes on Sunday? - No, my Lord, I did not buy any before, nor I did not buy these, but I should have bought them if I had not been deterred by the officer; for before I could make the bargain the officers came.
Did you happen to ask where they got them? - No.
That would have been a dangerous question I suppose? - I never bought any thing before of them; they have bought things at my shop.
What sort of a shop do you keep? - A clothes shop, otherwise a sale shop.
Mr. Garrow. You deal wonderfully in alias's, how many names have you besides Mason? - No, more.
Have you always told the same story? - I have.
That you swear positively? - Yes.
And that is as true as any thing else you have been saying? - Yes.
I believe they were wicked enough, these officers that disturbed you, to take you to the Justice's? - They took me there; I told the Justice as near as I could.
Then you was examined the second time, and you told him the same story? - Yes.
Now, upon your oath, the first and second time did not you say that Stevens knew nothing of the matter? - I said no such thing; I never swore any such thing neither on the first or second examination.
You know Mr. Lucy? - Yes.
Lucy She said, if Stevens did not bring them there, she did not know how they came? - I did not say that; I did not know Stevens; I said, that the first time that Stevens was in my house, I did not know that he brought the property.
They did bring it? - I told the Justice that at the first examination.
Court. I shall lay every word that she says out of the case.
GEORGE STEVENS, GUILTY, 39 s.
Transported for seven years.
JAMES DAY, NOT GUILTY.
Tried by the London Jury before Mr. Baron HOTHAM.
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