Chief Justice. ‘I cannot enter into this point. If you admit yourself to be the person indicted, the consequence must be, that I must order you to be taken into custody to answer this charge. I do not know whether you are or are not Thomas Holcroft. I do not know you; and therefore it is impossible for me to know whether you are the person stated in the indictment.’
Mr Holcroft. ‘It is equally impossible for me, my Lord.’
Chief Justice. ‘Why then, Sir, I think you had better sit still.—Is there any thing moved on the part of the crown with respect to this gentleman?’
Solicitor General. ‘My lord, as I consider him to be the person against whom a true bill is found, I move that he be committed.’
Chief Justice. ‘I do not know how many persons there may be of the name of Thomas Holcroft: it would be rather extraordinary to commit a person on this charge, if we do not know him.’
This produced a short consultation between the solicitor general, the other counsel for the crown, and Mr White. They were evidently surprised, and not pleased, at his appearance; and one of them, Mr Knapp, began an argument to prove that he admitted himself to be the person indicted. He was interrupted by the Chief Justice, who again asked if the counsel for the crown thought fit to move that he should be committed? which was accordingly moved by the Solicitor General; and he was taken into custody by a Sheriff’s Officer, Mr Cawdron.
After naming Messieurs Erskine and Gibbs for his counsel, Mr Holcroft asked the bench whether he might be allowed an amanuensis, while he was preparing his defence; but this request was declined by the Chief Justice, unless it was urged on the score of health. Mr Holcroft was really in a state of ill-health; but as that was not his motive for asking it, he would not take advantage of this circumstance.
The court then adjourned; but he was detained three quarters of an hour: the reason assigned was, that the warrant was making out; but Mr Holcroft believed the true reason to be, that the crown-lawyers were consulting how he was to be treated, and sending to the higher powers for instructions.
About half-past one o’clock the same day, a person came to Mr Holcroft’s house, in Newman Street, inquired if he was at home, and seemed at first unwilling to tell his business. He said he came from Mr Munden; but afterwards owned he was not a friend of Mr Munden, but pretended that he had been with him to inquire Mr Holcroft’s place of abode. He repeatedly asked the Miss Holcrofts if they were sure he was not at home; and they by this time suspecting him to be an officer, replied, he might search the house, though he might be assured their father was not at home, for that he had never taught them to tell untruths; and to prove their sincerity, added, that he was gone to the Privy Council to surrender himself. ‘No;’ answered he; ‘that he certainly is not; for I am but just come from the Privy Council.’ He then shewed his watch, that they might take notice it was half-past one o’clock. Mr Holcroft’s daughters replied, that they might be mistaken, and if so, that he was gone to the Old Bailey.—Being now understood to be a messenger, they asked if he intended to come in and take their father’s papers; for, on shewing his authority, he was at liberty to make any search. He replied, that there was quite sufficient without the papers; after which, he went away, saying, that if the accused had surrendered himself, it would save him trouble.
These circumstances being related to Mr Holcroft, led him to believe that a messenger had been despatched from Hickes’s Hall to the Privy Council; and that to preserve the decorum of authority, this person had then been sent to his house: for the effrontery of surrendering himself was by his prosecutors and their partisans thought intolerable.