An Account of the Proceedings against John Brown alias Humphry Moore at the Old Bailey in April, 1784.

Humphry Moore was indicted for feloniously stealing, on the 5th of February last, twenty guineas, value £21, and four pieces of foreign gold coin called doubloons, value £14 8s., the property of John Field, in the dwelling-house of John Brown.

The material circumstances of this case, as they appeared in evidence, were as follow:—The prosecutor, John Field, was walking along James Street, Convent Garden, when a person unknown joined company with him, and soon afterwards picked up a purse which was lying at a door. The prosecutor was persuaded to go to a public-house with him, being told that he was entitled to half the contents. From one end of the purse the stranger produced the following receipt:—“Feb. 2. 1784.—Bought of William Smith, one brilliant diamond-cluster ring, value £210, and received at the same time the contents, in full of all demands, by me, William Smith;” and from the other end he pulled out the ring itself. In the course of the conversation the prisoner entered the room, praised the beauty of the ring, and offered to settle the division of its value. Upon the stranger’s lamenting that he had no money about him, the prosecutor said that he had forty or fifty pounds at his lodgings at Chelsea. “That sum will just do,” said the prisoner. A coach was immediately called, and all three were drawn to the prosecutor’s lodgings. The prosecutor and stranger went into the house, leaving the prisoner at the Five Fields, and they afterwards joined him at the Cheshire Cheese. The prisoner said, “I will give you your share of the ring if you will be content until to-morrow.” The prosecutor put down twenty guineas and four doubloons, which the stranger took up and carried away, leaving the ring with the prosecutor, and appointed him to meet next day to have the money returned and £100 for his share of the ring. The prosecutor attended the next morning at the place of appointment, but neither of the parties came. The ring was of a very trifling value.

The jury were of opinion that the prisoner was confederating with the person unknown for the purpose of obtaining the money by means of the ring, and did therefore aid and assist the person unknown in obtaining the twenty guineas and four doubloons from the prosecutor. They accordingly found him guilty of stealing, but not in the dwelling-house subject to the opinion of the twelve judges whether it was felony.

Mr. Justice Willes (after stating the indictment and the circumstances that appeared in evidence, proceeded thus)—This matter was submitted to the opinion of all the judges, the first day of last Michaelmas term, except Lord Mansfield, who was absent, and they all agreed in the distinction between the parting with the possession and the parting with the property; that in the first case it was a felony, and in the last case it was not. Nine of the judges were of opinion that in this case possession only was parted with, it being merely a pledge, till the supposed value of the ring was delivered. Two of the judges thought that the doubloons were the same as money, and were of opinion it was a loan, and was a parting with the property; but nine of the judges were of opinion it was felony, and the judges could not distinguish this from the following case of the King and Patch. The prisoner was indicted for stealing a watch and some money. He picked up a ring and a purse in the street, and, pretending he had found it, offered to divide the money with the prosecutor, and opening the purse there was a ring and bill of parcels, stating the ring to be a diamond one, of £147 value, and a receipt for that sum. Different modes were proposed for the distribution; at last the prisoner asked the prosecutor if he would give him his money and watch and take the ring? Two other men that were in company took up the watch and money, and the prisoner got the prosecutor out of the room, under pretence he had something particular to say to him, and the two men ran away with the watch and money. The prosecutor was uneasy, and the prisoner said he knew the two men. The prisoner was apprehended, and the ring was found to be of the value of 10s. only. It was objected by the counsel for the prisoner that it was not a felony. But Mr. Justice Gould, Mr. Baron Perryn, and Mr. Justice Buller held it should be left to the jury to say what was the intention of the prisoner to get the money and watch, for if the whole was a scheme of the three men, it was felony, according to the case of the King and Peers, where a horse was hired for the day by two men who went directly and sold him; and Mr. Justice Gould left it to the Jury whether the prisoner and the other two men were not all in concert together. Upon the whole, therefore, of your case the majority of the judges are of opinion that you are guilty of the felony, and not merely of a fraud, and that judgment must be passed upon you accordingly.

Mr. Recorder—Humphry Moore, when upon your trial I reserved this case; it was not from any doubt of your guilt, but doubting whether it was of that kind to support the indictment. That doubt has been submitted to the opinion of all the judges, and a great majority of them have concurred in opinion that the indictment was sufficiently supported, by the circumstances given in evidence against you. I never entertained any doubt that the offence of which you was clearly proved to be guilty, was deserving of as high a punishment as any felony committed under similar circumstances. If, therefore, no doubt in point of law had occurred I should have passed sentence upon you, to be transported for seven years. No reason occurs to me now for changing that opinion of your offence, but as the necessity of laying your case before the judges has occasioned some delay since your conviction, I shall take care the term of your transportation shall be computed accordingly. Therefore the sentence of the Court is, that you, Humphry Moore, be transported beyond the seas, for the term of seven years from the time of your conviction, to such place or places as His Majesty, by the advice of his Privy Council, shall think fit to direct or appoint.