Memoirs of James Hardy Vaux/Volume 1/Chapter 13
CHAPTER XIII.
The next day, Monday, we were taken to the Mansion-House for examination, before the Lord Mayor. The owner of the handkerchief being in attendance, one of the officers acquainted his lordship, that observing both Bromley and myself to be very busy in the crowd assembled in Cheapside, the preceding day, and suspecting our designs, he had watched us narrowly, and at length observed Bromley to take a handkerchief from a gentleman's pocket, which he immediately endeavoured to convey to me; but before he could do so, he, the witness, laid hold of him, and took the handkerchief from his hand; on which (he stated) I endeavoured to escape, but that he pointed me out to his brother, who happened to be with him, and desired him to secure me, while he himself called back the gentleman who had been robbed, and informed him of the circumstance. (So much for the veracity of this deponent's evidence, to which he afterwards deliberately swore!)
His brother corroborated the foregoing account, which he was well enabled to do, having heard the whole of it; and with this addition, that in the course of his duty as a city constable, he had seen us daily perambulating the streets, during the busy hours, and knew us both to be notorious pick-pockets. (This was more wickedly false than all the rest, for we had never given one of the city officers the least opportunity to suspect or notice us, but it had the effect they intended; that of inducing the magistrate and prosecutor to deal more rigidly with us.) They further swore, that on searching us, they found two pocket-books, several handkerchiefs, and other suspicious articles, (meaning by these last, I suppose a small knife, and a pair of scissors, which we each carried about us,) all which they doubted not to be stolen!
Mr. Dowell, the person they had invited to prosecute us, now deposed that he was a tradesman living in Chancery-lane; that he knew nothing of the robbery, but being called back by the first witness, he missed his pocket-handkerchief, and that the one produced by the officer, he believed to be his, as it was of the same pattern, but had no mark by which he could identify it. His lordship then calling upon us for our defence, Bromley declared that he had picked the handkerchief up in the crowd; and at the same moment the officer seized him, and charged him with stealing it; that he was going on his own business at the time of this affair happening, and that so far from my being in his company, he never saw me before in his life.
The Lord Mayor appearing to have some pity on our youth, asked Mr. Dowell if he was determined to prosecute us, hinting at the same time, that he, (his Lordship) did not wish to urge him to that measure, provided we were willing to enter into His Majesty's service, but that he was at liberty to act as he thought fit. I was in great hopes that Mr. Dowell would incline to lenity, but the officers took him on one side, and found means to persuade him that he ought, for the sake of the public, to let the law take its course. He was thereupon bound over to prosecute, and we were committed to take our trial at the next Old Bailey Sessions, commencing the 17th of September. For the present, we were remanded to the Poultry Compter; there to remain until moving day, that is, the Thursday before sessions.
As I conceived myself in some danger from the inveterate malice of the two brothers, I deemed it advisable to take all possible measures for my deliverance; and it occurred to me, that as I knew no person in London whom I could depend on as a real friend, I should do well to inform my father of my situation, and request the aid of his experience, and personal mediation, in my behalf.—It was now upwards of five years since I had any intercourse with my parents, further than twice or thrice calling at their residence, with a formal inquiry after their health, and sometimes a cold salutation when my father and I met in the streets: at which times I always avoided any explanation as to my circumstances, or the mode of life I led; and since my quitting the navy, I had never exchanged a word with them. I now therefore wrote to my father, acquainting him with my distress, and begging to see him without delay. He very soon complied with my request, and I informed him, (with as much adherence to truth as I thought necessary,) of the cause of my confinement. My father, who I have before mentioned to have been unfortunate in his speculations, had been for several years declining in the world, and notwithstanding his want of affection towards me, I felt much concern at his decayed appearance. He promised me every assistance he could render by his personal exertions, but declared his inability to extend pecuniary aid, the times being at this crisis peculiarly hard, and every necessary of life daily advancing in price. Fortunately I had some good clothes, &c., and a few pounds in money by me; and my father, being directed by me, repaired to my lodgings, and secured all my effects, which he removed to his own house, supplying me occasionally with such articles or money, as I found myself in need of. My father, at this period, resided in St. George's Fields, where he had taken and furnished a small house, the major part of which he let out in lodgings. By this expedient, and I believe (under the rose,) a little dabbling in the lottery, he made a shift to keep the wolf (or rather the bailiff) from the door. My mother also visited me in the Compter, accompanied by my two sisters, and shewed me every attention in her power.
Being removed on the usual day to Newgate, I applied myself to draw up a brief, for the purpose of employing a counsel in behalf of my unfortunate companion, who had not himself the means of obtaining legal assistance. As to myself, I conceived nothing but the grossest perjury could induce a jury to convict me, under the circumstances of my apprehension; knowing as I do, that in no court in Europe, has a prisoner so much justice shewn him, or such lenity in a doubtful case, as at the Old Bailey: besides, my father believing my protestations of innocence, (I mean of all connexion with Bromley,) would not for a moment entertain a doubt of my acquittal, and therefore opposed the unnecessary expense of feeing counsel. Having completed the brief to my satisfaction, I sent it (unknown to my father) with the usual fee, to Mr. Alley.
Every thing being thus arranged, and a true bill returned by the grand jury upon the evidence of the officers to the same effect as before, I was on the 23d of September put to the bar, together with Bromley; and, as I have so frequently read the printed report of our trial, that it will never be erased from my memory, I shall give the reader the substance of the proceedings, which I can do nearly verbatim: and, I believe upon the whole, a more extraordinary trial has been seldom found upon record.
TRIAL, &c.
Alexander Bromley and James Vaux, were indicted for feloniously stealing on the 17th of August, a handkerchief, value two shillings, the goods of William Dowel), privily from his person.
To this indictment the prisoners pleaded "Not guilty."
Mr. Alley, counsel for Bromley, desired that the witnesses might be examined apart, with which request the court complied.
William Alderman sworn.—"I am a city constable, and turnkey of the Poultry Compter. On Sunday the 17th of August, I was passing through Cheapside, when observing a crowd of persons collected together, I went up to inquire the cause; I there saw the two prisoners, and knowing them to be suspicious characters, I watched their motions, and presently saw Bromley take a handkerchief from the pocket of the prosecutor, which he attempted to give to Vaux, but before Vaux could take it from him, I seized Bromley with the handkerchief in his hand." (Here witness went on to describe our apprehension, in the same terms as he had done before the Lord Mayor). "I can produce the handkerchief; I have had it ever since.—On searching the prisoners, we found upon them two pocket-books, and several handkerchiefs, with other suspicious articles; but the Lord Mayor ordered them to be returned, when he committed the prisoners for trial."
Cross-examined by Mr. Alley.—Q. Which of the prisoners took the handkerchief?
A. They both had hold of it: the biggest, Vaux, let go immediately.
Q. Then you mean to swear they both took it?
A. Yes.
Q. Which pocket was it taken from?
A. The left-hand coat-pocket.
Q. You know there is a reward, if these two poor boys are convicted. Was it you that advised the prosecutor to lay this indictment capital?
A. The grand jury found the bill. (Witness ordered to withdraw.)
Thomas Aldermaqn sworn,—"I was with my brother. I saw both the prisoners very busy, lifting up the lids of people's pockets. Bromley took a gentleman's handkerchief, on which my brother seized him. I apprehended Vaux. He had got away to some distance from the crowd."
Cross-examined by Mr. Alley.—Q. What are you. Sir?
A. I am a tailor, and a constable of the city.
Q. So you thought you could get more by prosecuting these two poor young lads, than by sitting on your shop-board at work?
A. I did my duty.
Q. Who took the handkerchief?
A. Bromley took it out, and Vaux laid hold of the corner, to take it from Bromley.
Q. Which pocket was it in, the right or the left?
A. The right-hand pocket[1].
Q. Now, Sir, you know these poor lads are trying for an offence, for which they are liable to be hanged, if they are convicted: I ask you, upon the oath you have taken, whether you ever heard of two persons putting their hands in a man's pocket at once?
A. I never did.
Q. Then if your brother has said so, he has told a lie?
A. That he certainly has. (A general laugh in the court.)
Bromley called four witnesses, and Vaux two witnesses, who gave them a good character.
Bromley's defence.—"I picked the handkerchief up in the crowd."
Vaux's defence.—"I am innocent."
Bromley, Guilty (aged 20,)
Vaux, Guilty (aged 18,)
Of stealing the handkerchief value eleven pence.
Thus ended this curious trial, to the general dissatisfaction of a crowded audience, who expressed their sentiments by loud and distinct murmurs. The jury returned the above verdict, in order to reduce the offence to a simple felony, by finding the value of the property under one shilling, stealing from the person to which amount is death. My father, together with Mr. Kirby, the keeper of Newgate, stood at my elbow during the whole trial, and both advised me to make the laconic defence I did. It was their firm belief, that I should be acquitted, and the result surprised them much. The witnesses to Bromley's character were tailors, with whom he had formerly worked; those in my favour, were very respectable tradesmen, adduced by my father. On leaving the bar, the latter, as well as Mr. Kirby, comforted me with the assurance, that the court would only impose a small fine[2] upon us; and my father promised to use all his interest, and that of his friends with the Recorder, previous to the latter passing sentence, for which end Mr. Kirby advised a petition to be immediately prepared. This task I accomplished the next day, and delivered it to my father for presentation.
Both Bromley and myself (buoyed up by the assurances above-mentioned,) entertained the fullest hopes that our sentence would be lenient. On the last day of the session, according to custom, all the prisoners convicted, were brought into court, to receive judgment. Those capitally convicted were first put to the bar, and received the awful sentence of death; after which, a few were ordered to be transported for fourteen years; and then forty persons were called in succession, (among whom were myself and Bromley,) and being placed at the bar, the whole forty were collectively sentenced to seven years transportation, beyond the high seas! This severe doom affected us both in a very great degree. I, for my part, was inconsolable, and shed tears in abundance. My father, on visiting me the next day, professed much concern, and would have still flattered me with hopes of a reverse; but I have since had good reason to believe, that instead of using his influence in my favour, he secretly approved of the event, conceiving, I suppose, that sending me out of the country, might save me from a still worse fate; and, that this was therefore, (to use the common phrase of parents on such occasions,) the best thing that could have happened for me.
After the first effects of our grief had subsided, the society of our fellow-prisoners, and the bustle constantly prevailing in the prison, soon banished every trace of sorrow, and we became as cheerful as the best. My father and mother paid me every attention, and the produce of my own effects was fully adequate to my support for several months: when that resource failed, my father contributed his mite; and with the help of another friend or two, I was comparatively comfortable during my continuance in Newgate. As for Bromley, his father, on hearing his sad fate, had allotted him a weekly pittance, sufficient, with care, to keep him above want.
About a month after the close of the session, the gaol being unusually crowded with prisoners, a most dreadful contagion, called the gaol fever, made its appearance, and spread so universally, throughout every ward and division of the prison, that very few escaped its attack. I was one of the first to contract it, and was immediately carried to the infirmary, or sick-ward of the prison, where I only remember having my irons taken off, and being put to bed; for the same night, I became delirious, and was so dreadfully affected, as to continue insensible for three weeks, during which time, I had no knowledge of my parents, or of any other person who approached me; and the fever raged to such a degree, that I was obliged to be bound in my bed, in order to restrain me from acts of mischief. My poor companion, Bromley, was attacked about the same time as myself; and, on recovering my reason, I found him laid in the adjacent bed to my own, and was informed his sufferings had been equally grievous with mine. It pleased God, however, to restore us both to perfect health; but numerous were the unhappy persons who fell victims to this dire disease.
It is usual to make occasional draughts, of convicts under sentence of transportation, from Newgate to the Hulks at Woolwich, Portsmouth, &c., on board of which receptacles they continue until a ship is in readiness, to convey them to New South Wales. Few prisoners are suffered to remain above three months in the prison, after their conviction. A longer continuance is effected either by bribery or interest. My father, having heard a shocking account of the Hulks, had waited on Mr. Kirby, the gaoler, soon after my receiving sentence, and obtained a promise that I should remain in Newgate, until a ship was on the point of sailing for this colony; and herein, he was as good as his word.—My father, at length received a private invitation from Mr. Kirby, that he had no time to lose in arranging matters for my departure: accordingly, with the assistance of two or three other friends, my father contrived to pack up a few of the most necessary comforts for my use on the passage, which he afterwards sent to Portsmouth by the coach. On the 15th of May, 1801, my father, mother, and sisters, came to take a final leave of me; there was something solemn in this scene, which affected me much, though our mutual regard was not of the most violent nature. I also took leave of my companion in adversity, who, by what means I know not, still remained in Newgate, but was shortly after my departure, removed to the hulks at Portsmouth.—The next morning (May 16th,) at four o'clock, myself, and thirteen others, who had been all kept back for this opportunity, were attached together by a strong chain, and escorted by the keeper and his subordinates to Blackfriars-bridge, where a lighter was in readiness to receive us, in which we proceeded down the river Thames to Gravesend, and about noon arrived alongside the Minorca transport. Captain Leith, bound for Port-Jackson, in company with the Canada and Nile, which ships were also lying at this anchorage, for the purpose of receiving their prisoners on board.