In due course Daniel Cox was arraigned at the bar of the Old Bailey for robbery and murder.
The deposition of the murdered man was put in by the Crown, and the witnesses sworn who heard it, and Captain Cowen was called to support a portion of it. He swore that he supped with the deceased and loaded one pistol for him while Mr. Gardiner loaded the other; lent him the key of his own door for further security, and himself slept in the City.
The judge asked him where, and he said, "13 Farringdon Street."
It was elicited from him that he had provided counsel for the prisoner.
His evidence was very short and to the point. It did not directly touch the accused, and the defendant's counsel—in spite of his client's eager desire—declined to cross-examine Captain Cowen. He thought a hostile examination of so respectable a witness, who brought nothing home to the accused, would only raise more indignation against his client.
The prosecution was strengthened by the reluctant evidence of Barbara Lamb. She deposed that three years ago Cox had been detected by her stealing money from a gentleman's table in the "Swan" Inn, and she gave the details.
The judge asked her whether this was at night
"No, my lord; at about four of the clock. He is never in the house at night; the mistress can't abide him."
"Has he any key of the house?"
"Oh, dear, no, my lord."