John Massey

338

Penny-Lyn Beale on 22nd January 2026

Convicted Date 16 Feb 1791 232,35,223,10

116

Tony Beale on 8th December 2020

Old Bailey online 136. JOHN MASSEY was indicted for stealing, on the 28th of January , a cloth great coat, value 20 s. a kersimere waistcoat, value 8 s. and a pair of kersimere breeches, value 1 s. a man's hat, value 1 s. the property of John Fox . JOHN FOX sworn. I have the pleasure of living waiter at Mr. Spencer's, Garrick's Head, Bow-street, Covent-Garden ; about a fortnight before the the 28th of January last, I hired the prisoner as an under-waiter , to serve Mr. Spencer; on the Sunday following I missed my property; he was with us a fortnight or more, I lost all the articles in the indictment out of my lodging-room, they lay on a table, the hat was in a box; I saw my great coat, hat, and a pair of breeches, at Mr. Lane's, pawnbroker, in Drury-lane; one of his servants are here; the prisoner confessed partly in Bow-street; I made no kind of promise whatever, I made no kind of agreement with any one. Mr. Beth, Prisoner's Counsel. Did you send your master on this errand? - No, he went. Did you desire your master to make any demand of these people for money, not to prosecute them? - No, Sir, not to prosecute him. Did you agree to sell the boy a coat? - Yes, not that coat, the coat is at home. When the boy went up stairs, was it dark do you think? - Two boys lodged in the same room with me, two under-waiters, he was one at the time. Is there not a bed and table in that room? - Yes. Do not you know there were other clothes laying there; were not all the clothes laying together on the table? - I know nothing of their clothes. Might not the boy take these clothes for his own? - I cannot say whether he took them in the dark or light. Did not you know that the boy's clothes were in that room? - Undoubtedly what clothes he had. Do you know one Finchman? - I believe I do. Do you know the prisoner's father? - I do. Did you offer to take any money in order to discharge the boy? - No, I did not. Was there no dispute between you when he went away? - No. Did not you threaten to turn the boy away? - I told him several days before, that if he was not more careful not to make mistakes, we must turn him away. Do you suppose he took away your clothes intentionally? - I believe it. Court. After this boy was turned away and paid his wages, how soon did you miss the things? - He went away without notice to any one in the house, on Friday the 28th of January, in the evening; I missed my things on the Sunday; I saw him on the Monday following. Mr. Beth. Did you call on the father after you missed the boy? - I did. Did the father take you to the pawnbroker's where they were? - Yes, he did, straight to the pawnbroker, which I do not think had a good appearance. There was no offer made by the father to you of any sum of money? - No; the father said if I would take two shillings a week, he would pay it, if I would not prosecute him; I would not make him any kind of promise. CHRISTOPHER LAMBE sworn. I am servant to Mr. Lane, a pawnbroker in Drury-lane, I have known the prisoner three or four years, he has pawned several things at my house; I have the coat and hat which he pledged the 28th of January, the breeches he pledged before, he had sixteen shillings on the coat, and six shillings on the hat; I gave him a duplicate of them on Friday evening about five; the breeches he pawned another day. ELISHA RAY sworn. I am a pawnbroker, I have a waistcoat pawned by the prisoner; I knew him, he pawned it in the name of Massey; I have no doubt of him. JOHN FINCHMAN sworn. I have known the prisoner from an infant, I was present at a conversation with the prosecutor Mr. Fox. What passed between you? - The first time I had the pleasure of seeing Mr. Fox, there was the father, me, and Mr. Welchman in the public-house; he said he would be cast for death; I said I hoped not, so I hoped he would be favourable in the indictment; he said if any of us would lay down six pounds, he would take care not to go to that length, but he would favour us; that was our conversation on that day: on Sunday morning I went over to Mr. Spencer's house, where Mr. Fox lived, and was talking to Mr. Fox about it, and Mr. Fox recommended me to speak to them to lay down the money, that he might not prosecute him, that was the meaning of it; I understood from Mr. Fox that Mr. Spencer was to receive the money, and he would be answerable he should not hurt him; these were the very words; on the Monday morning following I saw Mr. Fox over at the Ship again, with the father and Mr. Welchman; Mr. Fox said, if we would lay down any sum, (he would not stipulate any sum) and give our joint notes for the remainder, he would not hurt the lad; the lad was in prison then, and before the first conversation; I have known the father eighteen years, and the child ever since, when he was apprentice to a taylor; I shall have no objection to take him now, if he is acquitted. Mr. Beth. Did not you hear Mr. Fox say the boy would be hanged? - I heard him say if the boy was hanged, the money should be returned; but he said he would give his own note in writing that the boy should not be hurt. Court to Mr. Fox. You have sworn in direct and plain terms; it was put to you, whether the father made to you an offer of any terms, and whether you accepted any terms? is what this man has sworn, true or false; he has sworn, that you, in express terms said, if any body laid down six guineas, you would favour him; is that true? - I made no agreement with him myself. Is it or is it not true, in plain terms, what this man has said; he has sworn that you said, if any body would lay down six guineas, you would save him, and he should not be hurt; is all this true, or is it false; you denied every thing like it before? - Yes, what I said was concerning my master. Did any conversation pass between you and the father respecting favour, and whether the father offered you six pounds, or whether you would accept it? - He was to make up the loss of my clothes which were sold in Monmouth-street. Was there ever any conversation about the prosecuting of this boy between you, and the father? - I told the father if I could only have my property, that I would not lay the indictment so as to hurt him, I would put it under forty shillings. Was that all that passed? - That was all, and that he would make up my loss, provided I would put the indictment under forty shillings, and the things that were sold out and out, was the money that he said he would pay me, that I shold be no loser. How came you to tell me befoore (you swore it in plain terms,) that there was no offer made by the father; was there any offer not to prosecute? - No, not to prosecute, it never was mentioned, only to recover my loss back: the things that were sold, that are not to be found; the father said if I would not lay the indictment so as to hurt him, meaning to hang him, he would get friends to make up the remainder of my property; I told him I could make no kind of promise. I want to know again, whether what this man has sworn, is or is not true; he has sworn that you said, that if any body laid down six pounds, you would not hurt him; is that true or false? - That is false, it must be; I made no kind of agreement, nor mentioned none; I said that my loss was ten pounds, and that I thought the things that were in pawn were not worth more than four pounds; I did not mention any sum, my master mentioned the six pounds; I promised the father to put the indictment under forty shillings, that was all, and the father never came to bring the money, therefore I did it voluntarily. Court to Finchman. Was this promise, that if any body would lay down six pounds, he would favour him, or was any thing mentioned as to forty shillings; - No, Sir, nothing about forty shillings; he said he would not take his life; nothing was mentioned about forty shillings. Did you understand that he would favour his life, or not prosecute him at all? - I understood by his saying, he would not hurt him. WILLIAM WELCHMAN sworn. I know the prisoner and his father; he said if he would make good the loss, he would favour him. Did Mr. Fox say that he would not prosecute him, or save his life? - He said he would favour him, he would not hurt him. Mr. Beth. Was you present at any other meeting than that? - I was, it was on the same story; he there said before John Finchman , and Mr. Massey, and me, that if we put down part of the money, he would favour the boy, and if the boy was hanged, he would return the money; I heard Mr. Fox say, to-day in the public-house, if we had paid the money, this would not have happened, for him to have so much trouble; there were several people present, all strangers; the prisoner always bore a good character. WILLIAM FINCHMAN , Jun. sworn. I know the prisoner, and I know the prosecutor, but I never saw him before I came to the Old Bailey. Have you been in company with him any where? - Never; I know the prisoner for one year; I never heard he was of a bad character; I never was at any meeting with Fox. RICHARD MASSEY sworn. I know Mr. Fox the prosecutor. What passed between you and him in the presence of Mr. Welchman and Mr. Finchman? - I heard a great rumour all over the parish, that he would insist on having the boy's life; I did not understand the nature of the law, and being a poor man, I got them to speak to him; we sent for Fox to the ship; he told us then absolutely, says he, Mr. Massey, it does not signify your begging the boy's life, for I must hang him; her sixteenth child was then at the breast: when he saw her in tears, and me the same, he said, if you will give me six pounds, I will save the boy's life, and if he is hanged, I will return the money to you; this I can go to death upon before God and the world. Had you any meeting lately, where he insisted on the money? - He agreed with us the same time, to meet that night at six in the evening, on Friday evening was a week; he said he could not come till Sunday; he did not come: Mr. Finchman went to him then on the Sunday evening: I met Fox on the Sunday morning; he told us then, if we would lay down any of the money, he would save the boy's life; I told him I was a poor man, I could not lay down any money; he said if Finchman and Welchman would lay down any money, he would do his pleasure, and nothing should be amiss: he did not mention the boy's life then; but he should not be hurt; leave it to him, and he would take care of all; I am sure he said he should not be hurt; I understood by what he said, that he would insist on having his life, and he should get a Tyburn ticket; he made use of the expression that he should not be hurt: that was on Tuesday morning: I do not remember he mentioned his life on Tuesday, but several times on the Thursday. Did Mr. Fox call on you, to let you know that the boy had left his service? - Yes, he did call on me first, and said that the boy had been gone away for an hour: Fox came to me; the first word he said, he never saw me before, says he, are you Mr. Massey? I said yes; says he, I am informed your son is gone away, and taken some of my things; he said he had left his own things, and he missed some of his own things; says I, I hope he has not taken them; he asked me then, if I would be agreeable to take them out of pawn; I told him I would go with him to all the pawnbrokers, and search if they were in pawn, and do any thing else to get them; I went with him to several pawnbrokers, and described the boy, and he was with me personally, and we found all the things. The Jury retired for sone time, and returned with a verdict, GUILTY . Transported for seven years . Tried by the second Middlesex Jury before Mr. RECORDER.