Thomas Warner

342

Maureen Withey on 31st March 2024

Trial at Old Bailey, 21 Feb 1787 288. GEORGE BATH , WILLIAM BATEMAN , THOMAS WARNER and MICHAEL DOYLE were indicted, together with William Watts , for feloniously stealing, on the 21st of January last, one wooden boat called a wherry, value 8 l. the property of Thomas Williams . (The case opened by Mr. Garrow.) THOMAS WILLIAMS sworn. I am a waterman and lighterman at Blackwall; on the 20th of January last, I left my wherry at my moorings, at anchor, below what we call the causeway; it is a passage for people to walk up and down at Blackwall ; I left her safe; she never could have drifted, without being taken away, or turned adrift; when I left her, it was between nine and ten on the night of the 21st, which was Sunday; the next morning I missed my boat from the mooring between seven and eight, I went to look for my labour, my boat was gone; then I found her at St. Catherine's stairs the same evening; I cannot say justly the time, I believe between four and five, she was in custody of Mr. Charles Clarke ; it was my boat; she had a brand mark, J. A. the name of the man I bought her of; the main thwart was broke; I am she sure is my property; here is the receipt of the man of whom I bought the boat; his name is Jacob Atkins . Mr. Peatt, Counsel for the Prisoner Doyle. What is that J. A. the mark of the person that made the boat? - The man's name to whom she belonged to before. You say she was moored below the causeway? - Yes, it is what we call low water. It is common I believe for boats to go adrift of themselves? - When they come to what we call shoal water, there they will ride; they will never go against the tide; the tide was at ebb when she was moored; it is impossible for them to drift by themselves without being turned. Mr. Garrow. When a boat drifts that is at anchor, does not she carry her anchor with her? - She certainly does. Had your boat her anchor with her? - No, the anchor was cast aside. Did you ever see a boat drift with five or six men in her? - No, Sir. Mr. Peatt. If she had drifted, people might have taken her up ten miles off, or at any distance? - No, they could not without another boat. CHARLES CLARKE sworn. I am a tide surveyor of excise; about twelve in the evening of the 21st of January, near the Half-way-house, near Halfway-reach, between London and Gravesend, laying on the shore with my boat, and another tied to it; we heard a boat rowing against the tide, towards us; we were then on shore; my people pushed off the boat; I was in from the shore; we lay drifting up with the tide till the prisoners in their boat came up to us; there were five persons in their boat; these four and Watts; we boarded them; I asked them where they were going; they said, on a party of pleasure to Erith; I cannot say which of them that said it, I believe all; they seemed to agree to that; I said, they looked like pretty gentlemen for pleasure; and I desired one of the people to rummage the boat, and I found a pistol under the seat where Warner sat; he was the person that sat and did nothing; the other four were rowers; this is the pistol; it was loaded; I have the charge in my pocket; there was a slug, small shot and powder. (Shewn to the Jury.) I saw a gun under the same seat. What became of that? - Immediately on my mentioning there was a gun, Watts, who is not here, sat at the bow of the boat, he took it up and threw it overboard. Did the other prisoners hear you ask these questions? - Yes, I asked Watts, what he did that for; and I told him it convinced me that they were such persons as I took them to be, fresh water pirates; the other seemed to be angry with him for doing it; while I was talking to him, I asked Warner where he was going, and he then pretended not to be concerned with them; he said, that they took him in; he was a passenger; they all concurred at first that they were going on a party of pleasure; after talking some time together, I asked Warner, where he lived; he said, at London; I asked him where he was going; he said, to Gravesend; I asked him, on board what ship; he said, an East Indiaman; I asked him the name; he paused and said, he could not recollect her name; I asked him the Captain's name; he did not recollect that, but he said, he was going to see a person who was mate of the ship, and he knew where to find him; I asked Bateman where he was going; and he said, he was going on board the Apollo, West Indiaman. Was there such a ship? - Yes; I consulted my fellow officers, and we took them into custody; I towed them up to the stern of my boat; taking out their skulls; they had two pair of skulls; nothing more passed, only they cursed and swore in a most reprobate way; I delivered them to the watchman to put them into the cage, and the next morning they all of them changed their dress; they put on fresh clothes, so that they appeared different persons, but I knew them again; I am confident the prisoners are four of the persons; I had the boat locked to one of the King's boats, at St. Catherine's stairs, till the proprietor came to own her; I went down the same day and saw the prosecutor sitting in her; the boat that I saw Williams sitting in, was the same boat we took from the prisoners; the prisoners threatened me at the Justice's, the prisoner Doyle in particular behaved very bad, he declared if he was nigh me four minutes he would have my bloody head off; I did not take notice of the marks of the boat. To Williams. Was that boat you was in at St. Catherine's-stairs chained to the King's boat? - It was, it is my boat; Bateman appeared to be worse than all; but he said nothing to me. Mr. Peatt. Did you ever see Doyle before the 21st in the evening? - Not to my knowledge. They were in the habits of seamen, were they not? - They were in long coats. You say you saw the gun in the stern of the boat? - Yes. It is usual for people to carry fire arms with them when they go a shooting? - Certainly when they go a shooting, or else they cannot shoot. Is it a common thing to carry fire arms in a boat? - Not that I know of, except when they are shooting. The pistol you say was underneath the seat where one of the other prisoners sat? - Yes, and the gun likewise; but I forgot to observe that Bateman came and stepped to the after part of the boat and threw something overboard; he said, it was a piece of rope. Did Doyle make any resistance? - No, it would have been folly in them to have resisted, for we were well armed. GEORGE HINCKLEY sworn. I was with Mr. Clarke on this evening; I remember boarding the boat; the prisoners were in the boat, and one Watts. Did you see any fire arms in the boat? - I took a lanthorn with a light in it, and searched the stern of the boat, and saw the pistol that Mr. Clarke took out; which is produced here to day. Who was sitting in that part of the boat? - I cannot say, one of the prisoners; I saw a gun; as soon as Clarke took the pistol out of the boat's stern, Watts came from forward to the aft, and took up a gun and threw it overboard; I am sure the prisoners are four of the men; we locked the boat to the King's boat at St. Catherines. Was you present at any time when Williams saw the boat? - I was not. JOSIAH CHILD sworn. I am one of the officers; I was present at the time, and in this boat; the four prisoners were in the boat, and one Watts; I saw Clark take up the pistol; as soon as he took it up, Watts, who sat forwards came aft, and took up a gun and plunged it; afterwards we brought the men and locked the boat to the King's boat at St. Catherine's; I am sure these are four of the men; I went with Williams from the Justice's to the boat; the boat I shewed to him was the same boat that had been taken from the prisoners; he immediately owned the boat; the marks were J with two A's upon it; it was a brand mark; I did not look at the thwart. Mr. Peatt. Did you ever see Doyle before? - No. Prisoner Bath. About half after ten I was down at Execution-dock, and we wanted a boat to go down to Gravesend; and four men rowed in with a boat, and we asked them to give us a put over the water, and they told us we might take the boat, if we would bring it back in the morning; we were all going on board the Apollo, Captain Craig; we heard they wanted hands; these gentlemen boarded us in Long Reach; we did not know the pistol was in the boat till they took the lanthorn to look under the side bench. PRISONER BATEMAN'S DEFENCE. I cannot say no more than what he has said. PRISONER WARNER'S DEFENCE. I say the same. PRISONER DOYLE'S DEFENCE. I leave my case to the counsellor. Mr. Peatt. My Lord, I have a number of very respectable witnesses. The prisoner Doyle called five witnesses, who gave him a good character. The prisoner Bath called two witnesses, who gave him a good character. ALL FOUR GUILTY . Each transported for seven years . Tried by the first Middlesex Jury before Mr. Baron THOMPSON .

342

Maureen Withey on 31st March 2024

Digitised Indent of ship Albemarle Thomas Petree, William Edsell, Esau Clements, John Cox, Michael Doyle, William Stanton, Thomas Warner, tried at Justice Hall Old Bailey, Middlesex, 21 Feb 1787, seven years.