Old Bailey Proceedings, 11th September 1776.
Reference Number: 17760911
Reference Number: f17760911-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the COUNTY of MIDDLESEX; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 11th of September 1776, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Honble JOHN SAWBRIDGE , LORD MAYOR OF THE CITY OF LONDON.

REVISED AND PUBLISHED BY JOHN GLYNN , SERJEANT AT LAW, AND RECORDER OF LONDON.

NUMBER VII. PART I.

LONDON:

PRINTED BY WILLIAM RICHARDSON ; AND SOLD BY S. BLADON, in PATER-NOSTER ROW.

(PRICE NINE PENCE.)

SAWBRIDGE, MAYOR.

At a Common Council holden in the Chamber of the Guildhall of the City of London on Friday the 17th of November 1775,

A MOTION was made and QUESTION put, That the whole Proceedings on the King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the City of London, and also the Gaol Delivery for the County of Middlesex, held at Justice Hall in the Old Bailey, be regularly, as soon as possible after every Session, published by the Recorder, and authenticated with his Name: The same was resolved in the Affirmative.

RIX.

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY OF LONDON, &c.

BEFORE the Right Honourable JOHN SAWBRIDGE , LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , Knight, One of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir WILLIAM HENRY ASHHURST , Knight, One of the Justices of his Majesty's Court of King's Bench; the Honourable Sir RICHARD PERRYN , Knight, One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate holden for the said City and County of Middlesex.

London Jury.

Edward How ,

Thomas Allen ,

William Trimm ,

Joseph Beardmore ,

Samuel Osmond ,

Thomas Stevens ,

James Delafons ,

Holly Spearing ,

Richard Potter ,

Robert Randall ,

William Price ,

Robert Lepper ,

First Middlesex Jury.

Hildebrand Smith ,

John Erwood ,

Thomas Coleman ,

Joseph Haselton ,

George Burrows ,

John Roffe ,

Jeremiah Holt ,

William Bellis ,

Samuel Dodkins ,

Josiah Crane ,

Joseph Careton ,

James Ess .

Second Middlesex Jury.

John Auckland ,

William Pearce ,

Thomas Briggs jun.

John Bagshaw ,

Richard Hart ,

John Evans ,

Richard Atkinson ,

Joseph Brown ,

Robert Thompson ,

John Chandler ,

Edmund Franklin ,

Peter Colley .

[ Benjamin Niblett served part of the time in the stead of James Ess ; and Hoddey Lincoln in the stead of John Evans .]

Reference Number: t17760911-1

616. WILLIAM WOOD was indicted for burglariously breaking and entering the dwelling-house of Solomon Fell , on the 12th of August, about the hour of one in the night, and stealing four woollen cloth coats, value 8 l. four woollen cloth waistcoats, value 3 l. four pair of woollen cloth breeches, value 40 s. a man's cloth night-gown, value 20 s. two cotton waistcoats, value 10 s. twenty-four linen shirts, value 24 l. twenty-four muslin

stocks, value 40 s. six morning caps, value 6 s. twenty-four pair of silk stockings, value 9 l. twelve linen handkerchiefs, value 30 s. a man's hat, value 15 s. two pair of leather shoes, value 17 s. three silver table-spoons, value 30 s. five silver tea-spoons, value 8 s. and a silver tea-strainer, value 2 s. the property of the said Solomon Fell , in his dwelling-house .

[The witnesses were examined apart at the request of the prisoner.]

Mr. SOLOMON FELL sworn.

My house in Holborn-row, Lincoln's inn-fields , was broke open about the 12th of August , as I am informed: I was then in the country. When I came home on Wednesday the 14th of August I found the stable-doors broke open, and a window which led into the clerk's office, and which had been fastened with an iron bar, had been broke open with great violence. In the clerk's office I had a bureau, which appeared to have been broke open with some instrument; and all the drawers were broke open in my parlour. There was a mahogany cloaths-press, which contained several suits of cloaths, linen, silk stockings, handkerchiefs, and other matters which I cannot perfectly recollect; the contents were all taken away, except one pair of silk stockings, a white handkerchief, and an old suit of mourning. I was on my return from Norfolk the day after my house had been broke open; my clerk was sent to Mr. Hornby's, near Hounslow, to give me information of it, but I did not get to Mr. Hornby's till about nine or ten o'clock that evening, to the best of my remembrance; I returned to town the next day, and then I found my rooms in the situation I have described: I likewise lost some plate, as I was informed by my servants; three table-spoons, three tea-spoons, and a tea-strainer. I went to Sir John Fielding 's, being informed the prisoner was then in custody; I was there shewn two shirts, one ruffled, the other plain; my linen was stamped with my name; the name is cut out of the ruffled shirt; the plain one, when I first saw it, had the name obliterated that I could not see what it was; Sir John Fielding 's man afterwards washed it, as he informed me, and that which they had put over my name to deface it washed out, and my name remains in the shirt, with No 6. they likewise produced to me two pair of shoes, in the inside of which my name was written; there had been an attempt to obliterate the name with ink, but it was not done so as to prevent its being read; they are new; they were sent home on the 27th of July, and I paid 17 s. for them; there were likewise some table-spoons produced, two of which I believe to be mine, and a tea-spoon.

Were all these things left in your house when you went out of town? - Yes: they produced to me likewise a slip of paper, which I conceive to contain a list of houses intended to be broke open, and of some which had been broke open; amongst which my house, I believe, is described, it is, Holborn-row, No 2. straight on from the public; meaning, I suppose, two doors from the public house; my house answers the description, for my stable door, which is the back part of the Row, is No 2. and is the second from the public house; the house having been robbed, as it appears, they have taken a pen and struck through it; that is all I know about it.

WILLIAM KAY sworn.

I am clerk to Mr. Fell: on the 12th of August I remained in the office till about half after seven o'clock; it being then duskish I fastened the window; the next morning I found it broke open: I sleep in the house, but was not again in the office after I had fastened the window, but the maid was: I came down in the morning at half after five o'clock; the first thing I observed was, that my buckles were gone out of my shoes, which I had left on the landing-place of the stairs: I went into the office, and found a bureau that stands there broke open, and all the drawers were pulled out; they had been rummaging among the papers. I observed the sash of the window, which I had fastened over-night, was put up; I examined it, and found they had wrenched off the bar: the pin that fastened it hung in the bar. Mr. Horsefall likewise lay in the house; I called him up, and told him the house was broke open, and then I went backwards, and found both the door that goes into the yard and the stable-door were open; I went into the stable, and found they had broke the outer stable-door open; they had made use of a great deal of force, for the lock was bent entirely back out of the staple, and the door shattered almost to pieces: the lock

scarcely hung to the door, it fell off afterwards; they had taken the lock off the inner stable-door, and the door off the hinges, to get it open; I went into the parlour and found every thing broke open that they could get open; there were some locks they could not break open; they had taken a great many of Mr. Fell's cloaths; what they did not take they had thrown about the floor; there were two swords and a hanger belonging to Mr. Fell left upon the chairs; I went down into the kitchen and found they had broke open every lock there; and the butler's pantry was broke open; the maid told me there were some silver table-spoons and tea-spoons gone out of the kitchen. Mr. Fell being out of town, I could not tell what he had lost till he came home.

Cross Examination.

What morning of the week was this? - Tuesday morning; on Monday night I fastened the window, on Tuesday morning I found it broke open.

JOHN HORSFALL sworn.

I live at Mr. Fell's; I lie in the back garret.

What time was you awake on the morning the house was broke open? - Some time before four; I heard the watch cry the hour of four.

Could you have heard any noise that might be made in the back stable or back yard? - I believe I could; the violence was so great, I must have heard it if I had been awake.

Did you hear any thing during the time you was awake? - I did not.

Cross Examination.

This garret was up three pair of stairs? - Yes; the back garret in the yard.

SARAH DEAN sworn.

I am servant to Mr Fell: I saw that the doors and windows were fast the night before the house was broke open.

Did you see that the window in this office was fast? - I saw that it was fast between eight and nine o'clock.

Were there any other servants in the house at that time? - No

Was Mr. Kay first up in the morning? - He was.

What things were lost that you know of? - My master's cloaths press and all the drawers were broke open, and all the contents taken out.

What was taken out of the kitchen? - Three silver table-spoons, five tea-spoons, and a tea-strainer; all the locks were broke open in the office, parlour, kitchen, and butler's pantry; the locks were all fast over night.

SIMON LLOYD sworn.

I am servant to Mr. Fell; I was not in the house at the time it was broke open; I believe these spoons produced are my master's property.

JOHN CLARKE sworn.

On Tuesday the 20th of last month an information was sent to Sir John Fielding , that a house had been broke open in Great Queen-street, and a great quantity of plate stolen; the officers went to several different houses in the town; myself and several others went to the prisoner's.

What is the prisoner? - He kept a public house at that time; I asked his wife if he was at home; she told me, he was up stairs; I went up to his bed-room; he was counting money at a bureau, I believe, when I went in, without his coat or his wig; the first thing I saw in his bureau was this picklock key (producing it); I asked him what he did with such a thing as that, as he kept a public house? he made me no answer; the slap of the bureau was turned down; I put my hand into the bureau, and found these four ingots of silver (producing them); that struck me; I ordered the officers that came with me to take care of every body till the search was over; I searched that bureau, and in the bottom drawer I found this clean ruffled shirt, in another drawer I found this dirty shirt, and these pair of shoes (producing them); those shoes were very remarkable, having Mr. Fell's name wrote upon them; I had got a hand-bill of Mr. Fell's house having been broke open; I asked him whose shoes and shirts they were several times over? he said, they belonged to him; then I searched the cellar, but found nothing there; finding that plate had been

melted down into ingots, I thought it must be done in the house; I observed there were two staircases, one at the tap-room door, and the other at the parlour-door; I went up the other staircase, and saw there were two rooms, which were let out, and a garret, which was not let out; I found the garret was the prisoner's room; I broke the door open, and in that room I saw an air-furnace for melting, the fire was then in, and there was a broken melting pot, a vice fixed, some files, and a large quantity of picklock keys; then I went and asked the prisoner whose room that garret was; with some difficulty he told me it was his, and that the key hung up in the bar; I found this key in the bar (producing it) I tried, and it unlocked the door; I ordered one of the officers to search under the bar, where they serve out the liquors; I stood by and saw him find two picklock keys, two pistols, and a large iron crow.

(Mr. Fell looks at the spoons.)

I believe these two are my spoons; the crest is taken out, but they appear to me very clearly to be my spoons.

Can you take upon you to swear they are your spoons? - Yes.

CLARKE. There was ink that had been fresh laid on one of the shirts all over the name; I washed it with soap, which took the ink out, and left Mr. Fell's name very plain.

Mr. FELL. I can swear that this is my shirt, the mark on the other shirt appears to have been cut out; I have compared it with some of my other shirts, and am satisfied it is mine; I believe the shoes to be mine; the shoemaker who wrote my name in them is present.

Cross Examination of JOHN CLARKE .

What day of the month did you make the search? - I think it was the 20th of August, to the best of my knowledge.

In consequence of some other robbery? - Yes.

Did you send to several houses before this? - No; I said the officers were sent to all the noted houses.

Did any one lodge in Wood's house? - Yes.

Do you know how many? - No.

Do you know a man by the name of Knowland, that lodges there? - I know there is such a man in custody: there was nobody in the bed-room but himself.

JOHN HELEY sworn.

I was present when the search was made at the prisoner's house: I found a pair of shoes on the mantle-piece in the one pair of stairs room which belongs to the prisoner: he said that was his bed-room.

Was it the same room the bureau was in? - Yes, it was.

Mr. FELL. I believe these are mine; there is the same mark in them; they were made by the same shoemaker as the others.

JOHN HELEY . This piece of paper (producing it) I found in a little drawer in the bureau; as Mr. Clarke pulled the drawers out he gave the papers to me to look at.

Mr. FELL. That is the list I referred to; my clerk took a copy of it: (it appeared upon

'inspection to be so much blotted over, that

'the words Holborn-row, mentioned by Mr.

'Fell as contained in it, were almost unintelligible.')

PETER MEDLICOT sworn.

I am foreman to a shoemaker; Mr. Fell has his shoes made at our shop; these shoes that have been produced were made at our shop for Mr. Fell; I wrote Mr. Fell's name on the inside; I delivered them at Mr. Fell's house on the 27th of July.

' SARAH DEAN deposed that the spoons

'produced were her master's property.'

' SIMON LLOYD deposed that he believed

'by the make and shape of the spoons they

'were his master's property, but they were

'so defaced he could not positively swear to

'them.'

ELIZABETH PETTY sworn.

I made these shirts; I am as sure they are Mr. Fell's, as I am that I exist.

MOSES MORANT sworn.

Upon the 20th of last month I went with Mr. Clarke and others to search Mr. Wood's house: Mr. Clarke, after searching the prisoner's bed-chamber, came down stairs, and bid me be careful who went out; upon searching the bar, I discovered that there was a false floor, and between the floors I found two pistols, an iron crow, a large parcel of picklock keys, and other things (producing them);

Mr. Clarke came down stairs, and said there must be some place where he melted down the silver, and we must see if we could find it out; he went up another pair of stairs; he came down again, and asked the woman in the bar who lived in the garret? she said, she did not know; he asked her where the key was? she said, she did not know: he bid me come up with the crow; we broke the door open; we found in the room a round stove and a charcoal fire burning in it; there were three crucibles, and one broken one; we also found a parcel of keys, and in a bird-cage, I found a dark lanthorn; they were in the same room. (They were produced in court.)

PRISONER's DEFENCE.

I know nothing about the things; they were left at the bar in care of my housekeeper; I was not in the house at the time: I have some witnesses to call.

For the PRISONER.

MARY JONES sworn.

I am servant to the prisoner.

Do you know of any things being left in your house in August? - Yes; two pair of shoes, and two shirts; these are the shirts, and these are the shoes; they were left with me.

Who were they left by? - A man.

Do you know him? - I do not know any great deal of him; I have seen him in the house two or three times.

What is his name? - They call him Watty Knowland .

Did he leave any thing else there? - No.

He did not leave all these picklock keys and crows and things? - No.

He did not leave the spoons, did he? - No.

To Mr. FELL. What was the value of the things you missed? - I cannot tell the exact value, upwards of a hundred pounds in the whole.

JURY to MARY JONES . Under what pretence did the man leave these things at your house? - He called for a glass of brandy; he had these things under his arm, and desired to leave them.

When was it that he left them? - I don't know, it was the latter end of July.

GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-2

617. JOHN COLLINS, otherwise PULLEN , was indicted for stealing a green silk purse, value 6 d. seventeen guineas, a half guinea, two pieces of foreign gold coin, value 2 l. 6 s. and 8 s. in monies numbered , the property of John Sturton Harmanson , July 24th .

JOHN STURTON HARMANSON sworn.

On the 24th of July I went to Mr. Foote's theatre; I waited a few minutes in the croud till the door was opened; when it was opened I pushed in, with a number of people; going through a narrow passage which leads to the pit, I was very much crouded; the instant I was in the pit, I felt in my breeches pocket, into which I had put my purse, and missed it.

What sort of a purse was it? - A green silk purse; there were seventeen guineas and a half guinea in it, two pieces of foreign coin, which were very remarkable, and eight shillings or eight shillings and six pence in silver.

How long before you went into the house had you felt it in your pocket? - I went in a carriage with some gentlemen; I felt it before I got out of the carriage, and buttoned up my pocket; I am sure it was there when I got out of the coach; after I missed it, Mr. Green, who is, I believe, the box-keeper, called me to the front box, and asked me if I had lost any thing? I told him I missed a purse; he asked me if I had lost any thing else? I then missed my watch; I had not missed that before; he said there was a watch and purse found upon a man who was taken into custody: I found him in custody of Slade a constable, with whom I went directly to Sir John Fielding 's; I did not see my purse till I got there; when I came to Sir John's, they asked me what I had in my purse? I told them as near as possible; I think I told them seventeen or eighteen guineas, two remarkable foreign pieces, and some silver; they asked a description of my watch; I gave it them; (a watch was produced, but it was not mine.)

Did you see the purse? - Yes.

You did not see it taken from the prisoner? - No; I did not, it was taken from him at the Playhouse; the constable I believe has the purse; I believe the purse that was produced was mine; it was the same sort of purse as mine; I saw the two foreign pieces, and am positive they are mine.

Can you tell who seized him and found the purse upon him? - Mr. Green had him taken.

JURY. Is there any mark upon the pieces besides the dye? - No; I brought them from America with me.

JOHN SLADE sworn.

On Wednesday the 24th of July, the box-keeper belonging to Mr. Foote's theatre gave me charge of the prisoner: I took him into the box lobby and searched him; as I was searching his pockets, a woman that sells fruit told me he had something in his hand; I looked, and saw a green purse in his hand; I went to take it, and he threw it along the lobby: one of the box-keepers picked it up.

Did you see him pick it up? - It was so dark I could not; he threw it as far as he could; I saw the motion of throwing it away.

How long was it after you saw him throw it away, before the box-keeper delivered it to you? - I believe it might be about five minutes.

Was it so dark that you could not see? - No; the lamps were light; about that time the king was going into the house, and there was a great deal of hurry; the box-keeper brought Mr. Harmanson out of the Pit, and we took the prisoner to Sir John Fielding 's, and there we opened the purse.

Did Green go with you? - No; Mr. Harmanson said, if the purse was his, there were two pieces of foreign gold coin; the purse was opened, and it contained seventeen guineas, a half guinea, eight shillings in silver, and the two foreign pieces.

[The purse with its contents were produced in court.]

Mr. HARMANSON. I am confident this is my purse; these are the two pieces I brought from America; I shewed them to several persons in town.

What coin are they? - I am not certain; some gentlemen I enquired of, said they were Spanish; I brought them with me from Virginia: I had taken twenty guineas the day before I was robbed; I had only spent a guinea or two.

SLADE cross examined.

There was a great croud in the lobby? - Not so great a croud but we could distinguish persons.

Do you know the man's name that brought the purse to you? - No.

Is he here? - No.

JURY. Could you distinguish what was in his hand? - I saw it was a green purse; he had a hat in his hand which had been knocked off a boy's head; he said, somebody put the hat and purse into his hand as he was going in; when I took him on the stairs, he said the hat was given him; and when he had thrown away the purse in the lobby, he said they were both given him together.

CHARLES GREEN sworn.

I am box-keeper at Mr. Foote's theatre: on the 24th of July in the evening, his majesty was coming into the house, and it was very much crouded; I was looking through one of the air-holes from the box lobby that overlooks the pit passage, there is a hatch in the passage to prevent the people coming in too fast; it was shut so as to admit only one person at a time; I looked through, and saw the prisoner and prosecutor both stick fast between the door-way and the wall; the prisoner's face was to the prosecutor's back, both their right sides were towards me; I saw the prisoner put his arm under the prosecutor's arm, and lift up his waistcoat, and put his hand in his breeches pocket up to his wrist; I could see his hand go down into his pocket; I was three feet above him; I had an opportunity of seeing him, he could not see me, at least he did not; I saw him take something out, and then draw back, the gentleman pushed forward, and went under my feet into the pit; as soon as the prosecutor pushed forward into the pit, the prisoner attempted to get out, but it was impossible; then he put what he had taken out of the prosecutor's pocket into his right hand breeches pocket; there was not a person between them and me; as he could not get out, he was standing till I went and informed the constable that there was a pickpocket, and we immediately took him into the pit lobby; I

left him in care of the constable, and went and told the prosecutor I had seen a man rob him; when I returned, the purse had been thrown away.

JURY. As you was looking through the air-hole, could you distinguish the prisoner's face? - Yes; it was quite light; I believe the sun shone; the prisoner had on a brown coat; the prosecutor a very light one.

JURY. Could you see any thing in his hand as he drew it out of the prisoner's pocket? - I could perceive something, it appeared to be black.

'The prisoner in his defence called four witnesses, who gave him a good character.'

GUILTY .

Tried by the First Middlesex Jury before Mr. Justice GOULD.

[Imprisonment. See summary.]

Reference Number: t17760911-3

618, 619. SAMUEL WARREN and EPIPHANY PARKER were indicted for burglariously breaking and entering the dwelling-house of John Fletcher on the 9th of August , about the hour of one in the night, and stealing an iron key, value 1 d. four silver tablespoons, value 40 s. four silver tea-spoons, value 4 s. eight guineas, a half guinea, and 21 s. in money numbered, the property of the said John, in his dwelling-house .

'There was no evidence to bring the charge

'home to the prisoners, but the circumstances

'of a key found in the lodging of one of them,

'which did not appear to be particular enough

'to swear to.'

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17760911-4

620. ISAAC PHILLIPS was indicted for stealing a silver desert spoon, value 6 s. the property of Lucas Birch , August 3d.

ELIZABETH GEORGE sworn.

I am a servant to Mr. Birch, who is a pastry-cook in Cornhill : the prisoner came into our shop on the 3d of August, about five or six in the evening, and asked the price of some cheesecakes; another person came into the shop, so I left him, and he went out without buying any thing; in about a quarter of an hour after that, a person brought a spoon to Mr. Birch's with his name upon it; I saw the spoon in the morning, it lay in the frame of the window over the marble.

'The spoon was produced in court, and

'deposed to by Samuel Wood , a servant of

'Mr. Birch's.'

CHARLES PAXTON sworn.

I am an apprentice to Mr. Bunn a pawnbroker in Houndsditch; the prisoner brought this spoon to me about seven in the evening on the 3d of August, and wanted five shillings upon it; there is 'Birch, Cornhill,' at full length upon it; I secured the prisoner, and took the spoon to Mr. Birch's.

PRISONER's DEFENCE.

I found the spoon.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-5

621. HANNAH HAYWARD was indicted for stealing a piece of silk and cotton for a gown, value 20 s, a child's muslin robe, value 20 s. a silk cloak, value 2 s. a muslin apron, value 2 s. a linen shirt, value 3 s. and a pair of worsted stockings, value 1 s. the property of John Riley .

2d Count. For stealing the same things, laying them to be the property of Ann, the wife of John Riley , August 31st .

ANN RILEY sworn.

I am the wife of John Riley ; I carry on business on my own account.

What business? - Haberdashery and millinery , at No 92, Gracechurch street : the prisoner lived servant with me upwards of two years; the things mentioned in the indictment were lost out of my drawers, to which she was often sent; on my missing the child's robe and jam, I charged her with taking them, and she confessed that she had pawned them at Mr. Davidson's; I did not know that the silk and cotton were taken away, till I saw it at Mr. Davidson's, and then she confessed she took that; I made her no promises, but said she should have what the law would direct.

THOMAS HARRIS sworn.

I am an apprentice to Mr. Davidson, a pawnbroker at London Wall; the prisoner pawned a piece of Manchester silk and cotton, a child's robe and jam, and a handkerchief, at our shop at different times.

[They were produced in court, and sworn to by the prosecutrix.]

PRISONER's DEFENCE.

I beg for mercy.

GUILTY.

Recommended to mercy by the Jury .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-6

622. ELIZABETH SMITH was indicted for stealing a silk gown, value 3 s. the property of Hugh Davidson , September 9th .

JOHN SALKELD sworn.

I am servant to Mr. Hugh Davidson , who is a pawnbroker in Fleet-street ; the prisoner came to our shop upon Tuesday the 3d instant two or three times, with frivolous excuses; on the Monday following, about nine at night, she came again; a silk gown was hanging up in the shop; I was at the end of the compter; I heard a rustling of silk, the prisoner went out directly; I followed her, and brought her back into the shop, and took the gown from under her cloak.

PRISONER's DEFENCE.

I have got three children crying for bread. GUILTY of stealing to the value of ten pence . W .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-7

623. SAMUEL LOVE was indicted for stealing 30 lb. weight of tallow candles, value 19 s. the property of John Harris , July 29th .

JOHN HARRIS sworn.

I am a tallow-chandler , and live in Pater-noster-row : I lost a great many candles out of my cellar; I suspected the prisoner, who was my servant; I concealed myself in the cellar, and saw the prisoner come down with a basket, which he filled with candles; when he got them up stairs, he was stopped by Thomas Rushworth .

THOMAS RUSHWORTH sworn.

I saw the prisoner carry down the empty basket, and bring up the candles; I stopped him.

PRISONER's DEFENCE.

I asked the prosecutor's apprentice if his master would let me have some candles to sell? he said he would; and sent me down into the cellar to get them; I meant to pay for them.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-8

624. ANN the wife of John SMITH was indicted for stealing a pewter dish, value 10 d. and a pewter plate, value 8 d. the property of Maria Trender , September 5th .

MARIA TRENDER sworn.

The prisoner came into my house for a pint of beer, and wanted a sheep's heart broiled: I left her, and she went out into the wash-house; I saw her go away; she returned again; and while she was in the house, the things mentioned in the indictment were brought to me by Mr. Wincot.

CASHIN WINCOT sworn.

Last Thursday evening the prisoner brought a dish and plate to me, and offered them to sale; the dish was marked with the initials of Mrs. Trender's name; and the plate with her name marked at length: I told her I thought they belonged to the Fountain, and would not pay for them till I went to see; I went to the Fountain, and found her there.

PRISONER's DEFENCE.

I found the dish and plate among some greens in the street; I took them to Mr. Wincot, and he said he believed they belonged to the Fountain, and he would enquire there before he paid me for them; I

went to the Fountain and waited till he came, and then they committed me.

GUILTY of stealing to the value of ten-pence . W .

Tried the London Jury before Mr. RECORDER.

Reference Number: t17760911-9

625. JOHN FRAY was indicted for stealing a loaf of sugar 14 lb. weight, value 6 s. the property of Thomas Cooke , September 3 d .

THOMAS COOKE sworn.

I am a sugar refiner : I lost some sugar; I suspected the prisoner; I had him taken into custody, and made him unlock his chest, and there I found my property.

JOSEPH DAY sworn.

This day se'nnight in the evening, between the hours of seven and eight o'clock, I saw the prisoner come out of the sugar house with something in his apron; he went up stairs; I followed him, and saw him unlock his portmanteau, and put into it a loaf of sugar and two lumps: I told my master of it, and we found the sugar in his portmanteau.

[The sugar was produced in court, and deposed to by the prosecutor.]

PROSECUTOR. When he was taken he was asked how he came by it? he said he bought it two months before for a lady; whereas the sugar had not been made two days.

'The prisoner said nothing in his defence.'

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-10

626. JEDADIAH WHEELER was indicted for stealing two bundles containing two hundred wooden hoops, value 2 s. 6 d. the property of Joseph Brown , August 10th .

JOSEPH BROWN sworn.

I am in the hoop trade: the prisoner was my servant ; I was informed he had been selling hoops for ready money; I knew he had none of his own, and therefore thought they must be my property: I saw them at Mrs. Cumber's on Snowhill, and knew them to be mine.

SUSANNAH CUMBER sworn.

I bought the hoops of the prisoner; by mistake I gave him 6 d. too much for them; I desired my man to call at his master's for the six pence; by which means it was found out: I bought them on Saturday, and Mr. Brown came on Monday and owned them.

Are you sure the hoops you shewed to Mr. Brown, were the hoops you bought of the Prisoner? - Yes.

PRISONER's DEFENCE.

My master refused to pay me my wages, and forced me to live upon a halfpenny worth of bread a day; and necessity drove me to sell the hoops.

PROSECUTOR. He had no wages due, to him.

GUILTY of stealing to the value of ten pence . W .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-11

627. JAMES WHATMORE was indicted for stealing twelve pair of men's leather gloves, value 12 s. the property of Alice Binns , widow , July 24th .

EDWARD ROEBUCK sworn.

I am book-keeper at the Greyhound inn, which is kept by the prosecutor: the gloves were lost out of the compting house; they were in a parcel directed to St. Albans: the prisoner was stopped at the door; and I took them from under his coat.

[They were produced in court, and deposed to.]

THOMAS GREENHAM sworn.

The prisoner and another man came in and called for a pint of cyder; while I went to draw it, there was a hole made in the wainscot, and I saw the prisoner take the parcel, which was lying in a chair; he attempted to put it into his pocket, but it was too big; he put it under his coat, and went out: I informed the last witness of it; he took the parcel from him; I received the parcel over night; I took notice of it; it was directed to Dr. Cotton.

PRISONER's DEFENCE.

I know nothing of it.

' The prisoner called seven witnesses, who gave him a good character.'

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-12

628, 629. ELIZABETH the wife of John STRINGER , otherwise STEWARD , and COSMO STEWARD were indicted, the first for stealing one black silk sacque, value 1 l. one brocade silk night gown, value 40 s. one pair of lace ruffles, value 4 l. a lace tipper, value 40 s. a lace tucker, value 10 s. one green silk damask night gown, value 40 s. a cotton gown, value 5 s. a white dimity petticoat, value 5 s. six linen table cloths, value 40 s. a linen towel, value 6 d. a pair of leather gloves, value 6 d. a white sattin cloak, value 1 s. a pair of worked ruffles, value 20 s. a pair of muslin ruffles, value 3 s. a cloth waistcoat, value 10 s. three white dimity waistcoats, value 10 s. a fan mounted with leather, value 40 s. three linen sheets, value 20 s. three linen napkins, value 3 s. four yards of thread lace, value 5 s. one child's silk mantle, value 10 s. three child's linen caps, value 5 s. three pair of cotton stockings, value 6 s. a pair of ribbed thread stockings, value 3 s. a pair of silk stockings, value 5 s. a check window curtain, value 1 s. one unmade worked muslin apron, value 2 s. one sattin petticoat, value 40 s. and eight yards of Holland cloth, value 30 s. the property of Mary Hetzler , widow ; and one pair of gauze ruffles trimmed with lace, value 3 s. the property of Elizabeth Manley , spinster , in the dwelling-house of Susannah Carmichael , spinster : the other for receiving parcel of the above goods, well knowing them to be stolen , August 6th .

'There was no evidence against the principal,

'but a confession which had been obtained

'under a promise of favour.'

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-13

630, 631, 632. WALTER TOWNSEND , WILLIAM MORGAN , and JOHN STARK, otherwise THOMPSON , were indicted, for that they in the king's highway in and upon Edmund Shallett Lomax did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 5 l. in money numbered, the property of the said Edmund , July 24th .

'It appeared from the evidence that the

'prosecutor was robbed in St. James's-square

'by three men, but it was too dark to distinguish

'the faces of either of them.

'The prisoners were taken soon after, but

'there was nothing found upon them to six

'the change upon them.'

ALL THREE NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17760911-14

633. ROBERT FRIEND was indicted for killing and destroying a bay gelding of the price of 14 l. the property of Samuel Lyne , the said gelding being in a certain field belonging to the said Samuel, against the statute, &c. August 26th .

'The prisoner was servant to the prosecutor:

'it appeared upon the evidence that he

'went with a fellow servant into the field to

'see after his master's horse, and finding the

'horse had strayed into another field, he swore

'he would cut his leg off, and threw a bill

'at him, which cut the horse's leg, of which

'he for want of assistance bled to death before

'morning; but there being no evidence

'of an intention to kill the horse, he

'was found

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-15

634. THOMAS MAYO, otherwise EVANS , was indicted, for that he with a certain offensive weapon and instrument called a pistol, upon Mary Davis , spinster, did make an assault with a felonious intent the monies of the said Mary from her person and against her will to steal, take, and carry away , August 5th .

MARY DAVIS sworn.

I was in a coach with four ladies going from Islington to Newington Green ; the coach was stopped, but I cannot speak as to the person of the man that stopped it, because it was very dark.

How many stopped it? - The coachman says two, I saw but one; there was a pistol presented, but the man did not say any thing; he had not time to say any thing; he was taken immediately.

THOMAS BRASSINGTON sworn.

I drove the coach: the two prisoners met me, one laid hold of one horse, the other of the other, and ordered me to stop; they were going up to the coach; I jumped off my box and some other persons came up, and Mayo was taken immediately; he had not time to say any thing; he never was out of my sight; I did not see the pistol.

WILLIAM MOTT sworn.

I was about twenty or twenty-five yards behind the coach when it stopt: when I came up the prisoner ran from the door of the coach, and we took him; he dropped a pistol; I am certain he is the man.

PRISONER's DEFENCE.

I never had a pistol in my hand in my life.

'The prisoner called one witness, who gave him a good character.'

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-16

635. ISABELLA the wife of John HURST was indicted for stealing a quilted petticoat, value 5 s. a silk cloak, value 8 s. a black calamanco coat with a grey lining, value 5 s. a black calamanco coat with a white lining, value 8 s. a camblet gown, value 8 s. a green stuff gown, value 6 s. a silk mode cloak, value 8 s. and a pair of cotton stockings, value 1 s. the property of Owen Connoly , August 2d .

OWEN CONNOLY sworn.

I am a salesman in Monmouth-street : I lost all the things mentioned in the indictment (repeating them) on the 2d of August, the prisoner came into the shop, I saw her take a petticoat, and as she was going out I secured her, and took the petticoat upon her; the other things were stolen at different times; we found them the next day at the pawnbroker's.

JANE CONNOLY sworn.

I am the wife of the last witness: on the 2d of August I was at work at the door; I heard an alarm in the shop, and saw my husband and the prisoner in his arms; she had the petticoat; it is my husband's property; there was a cloak stolen out of a box in the parlour the Tuesday before, which I found pawned at one Mr. Jay's; a calamanco petticoat I found pawned in King-street; when I taxed her with it, she said it was her own: I took it out of pawn; the pawnbroker is not here.

JAMES GATTY sworn.

I am a pawnbroker: I took in pawn a petticoat on the 7th of June, in the name of Elizabeth Wall; I cannot swear it was the prisoner that pledged it; I don't remember her.

ROBERT ARTS sworn.

I am a pawnbroker: I received two gowns and a cloak of the prisoner at different times.

[The different articles were produced in court, and deposed to by the prosecutor.]

DANIEL PROWD sworn.

I am a constable: I searched the prisoner; I found the duplicates upon her, which led to a discovery of the things.

PRISONER's DEFENCE.

I found the duplicates; I never had the petticoat.

'She called one witness, who gave her a

'good character.'

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-17

636. SARAH the wife of John FARRELL was indicted for stealing a pair of boy's cloth breeches, value 3 s. five yards of cotton cloth, value 6 s. four yards of Russia sheeting, value 4 s. and a surtout woollen coat, value 10 s. the property of Joseph Hawkins , August the 20th .

JOSEPH HAWKINS sworn.

I live in Broad St. Giles's , and am a salesman : the prisoner was my servant ; I missed a great many things, I suspected the prisoner, I took her up with a warrant; she told me she had never taken any thing but a piece of coarse wrapper, and that it was with her sister, who was a servant in Diaper-court: I applied to her sister, and asked her what goods she had got of mine? she seemed very much terrified, and said she would bring me down what she had if I would stay in the kitchen: she went up stairs, and instead of bringing down the wrapper as I expected, she brought down a new surtout that had been taken out of my warehouse; she said that was all that her sister had given to her. I then mentioned the coarse wrapper; she said she had none, but that she had had some cotton, some irish, and some pocketing, but that the prisoner had taken them away again; I desired her to take the coat to the prisoner, which she did; I then asked the prisoner how she could deceive me, in saying she never robbed me of any thing; that I had found a coat, and that it would have been better for her if she had told me of it. Her sister begged of her to tell the whole, of what was become of all the property that had been taken away; telling her, that if they could be redeemed for five guineas she would assist her with the money; and asked her, what was become of the cotton that she had taken away from me, together with the irish, and the pocketing? she said she had sold the pocketing and the cotton, and she took me to the house of one of the witnesses, who lives in Turner's-court, Bedfordbury, where I found the cotton and the pocketing: she declared that was the whole she had taken. The magistrates advised me to have her brought up on a future day, as they thought I might find some more of my property; she was brought up on a future day, and then I charged a woman who used to wash in my house with being a party concerned, and told her I would punish her, if she did not discover what she knew of the things; she took me to a pawnbroker's in Long-acre, where I found a suit of cloaths, which the pawnbroker had lent her two guineas upon; they were taken out of the warehouse, and three pair of corderoy breeches; some of these things are not in the indictment; I found the Russia sheeting at the house of an acquaintance of the prisoner's, the breeches I found at a pawnbroker's in Burton-street, they were taken from the coat and waistcoat which were in the warehouse; the coat I had from the prisoner's sister; she has absconded.

What did the prisoner say when her sister brought the coat? - She said she was very sorry, she must confess she was guilty, and begged I would be favourable to her; I told her I would if she would tell me where the rest of my property was.

JAMES DOWLING sworn.

About three weeks ago I bought some cotton and pocketing of the prisoner.

[They were produced and deposed to by the prosecutor, and the surtout coat was produced by the prosecutor and deposed to]

'The prisoner said nothing in her defence.'

GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-18

637. GEORGE PEMBLETON was indicted for stealing four guineas in monies numbered , the property of Griffith Price , May 14th .

There was no evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17760911-19

638. JOHN SRAM was indicted for feloniously assaulting Sophia Hast with a bludgeon, with a felonious intent to steal the monies of the said Sophia , against the statute, August 31st .

SOPHIA HASH sworn.

On Saturday last about nine in the evening I was stopped by the prisoner at Ponder's End , as I was going to Enfield; he pulled me off my

horse and demanded a bundle I had before me; a young man rode before me, assistance came directly and prevented his taking my bundle: he ran into a house, where he was afterwards taken.

Was it dark or light? - The moon was just getting up.

Had he a pistol or any other weapon? - He had a short stick in his hand like a broomstick.

Are you sure the prisoner is the man that attacked you? - I am; he walked by the horse for near a mile before he attacked us, and I took notice of him.

JOHN FIELD sworn.

The prosecutor came to me on last Saturday was se'ennight, a little before nine o'clock, and told me she had been stopped on the road; I went with her to a house just by where she was stopped, and I and another young man took the prisoner. He did not say whether he was guilty or innocent.

PROSECUTOR. The man that rode before me has absconded; I don't know the names of the persons that first came to my assistance; I was not able to bring them here.

PRISONER's DEFENCE.

I am innocent.

GUILTY .

Tried by the Second Middlesex Jury before Mr. Baron PERRYN .

[Imprisonment. See summary.]

Reference Number: t17760911-20

639, 640. ELIZABETH GILLAM and ELIZABETH ANDERSON were indicted for stealing fifty-six yards of striped silk, value five pounds, the property of Hugh Hughes , privily and secretly in the shop of the said Hugh , July 13th .

RICHARD WYNNE sworn.

I live with Mr. Hughes, a silk mercer at Charing-cross : on the 13th of July, the prisoner came to our shop and asked to see some striped silks; I had them into the back-shop where the silks were, and shewed them a great many pieces of different kinds, amongst which was this piece; I continued to pull out silks, and they made objections to every one of them, either to the colour or pattern; after shewing them about 15 or 20 pieces, a young man who stood by, shewed them some different sorts to any I had shewed them: I bid the young man be careful of them, as I thought them suspicious people; and I went into the fore-shop; as I was returning from the fore shop, I saw Gillam put one hand through her pocket-hole and her other hand down towards her foot; I could not see what she was doing; I went again, into the fore-shop, and as I returned, she still had her hand through her pocket-hole, but was lifting up her head, and I saw the corner of the piece of silk mentioned in the indictment hang down under her petticoat: it was Anderson that pretended she wanted to buy. I went into the fore-shop again, and returned again, to see if I could see the silk still hanging down under her petticoat, but I could not; I then went and sat down in the compting-house in the back-shop; they looked at many pieces, but bid nothing. The young man was very pressing for them to bid something, and look at some more; I came up and said, perhaps we might have something to suit them another time; they seemed glad at that, and came into the fore shop, then I went backwards and found the piece of silk was missing. As they were going out, I told the young man I thought they had a piece of silk; he bid them come back into the back-shop, the back-shop is long and divided into two parts; as they were going along, I put my hand to Gillam's petticoat and felt the silk under it; I put my hand under her petticoat and took it from her; it is worth five pounds and upwards.

[The silk was produced in court, and deposed to by Wynne.]

William Nicholson , who was present at the time, confirmed the evidence of Richard Wynne , and deposed farther, that when they were searched at Sir John Fielding 's they had no money.

ANDERSON's DEFENCE.

I had saved five guineas; I laid out two and a half in necessaries, and went to buy a silk gown with the rest; I bid five shillings and sixpence for a lutestring, he would not take less than six shillings and six-pence; as we were going out this man stopped us.

Gillam said nothing in her defence. Gillam called four witnesses, who gave her a good character.

BOTH GUILTY . Death .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-21

641. JAMES EAST otherwise PROWSEY was indicted for stealing two live sows, value 50 s. and fifteen live pigs, value 9 l. the property of John Harwood , July 17th .

It appeared upon the evidence, that the offence of which the prisoner was guilty, was a breach of trust, and not a felony.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17760911-22

642. ISABELLA MIDDLETON was indicted for stealing a linen gown, value 12 s. a cheque apron, value 18 d. a linen waistcoat, value 2 s. and a linen table-cloth, value 2 s. the property of Joseph Greening , July 18th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-23

643. JAMES GRANT was indicted for burglariously breaking and entering the dwelling-house of James Penleaze , Esq ; on the 20th of April , between two and three in the night, and stealing one silver tea-kettle, value 10 l. one silver lamp, value 40 s. one silver stand, value 40 s. three silver waiters, value 15 l. a silver coffee-pot, value 5 l. a silver tankard, value 5 l. two silver goblets with the inside gilt with gold, value 4 l. two silver chased snuff-boxes with the insides gilt with gold, value 40 s. a pair of silver candlesticks, value 5 l. two silver butter boats, value 3 l twelve silver table spoons, value 3 l. four brilliant diamond rings set in gold, value 20 l. one gold repeating watch, the outside case chased, value 10 l. one gold watch chain, value 3 l. one chrystal-stone seal set in gold, value 10 s. one cornelian-stone seal set in gold, value 10 s. and one base metal watch key, value 1 d. the property of the said James in his dwelling-house .

[The witnesses were examined apart at the request of the prisoner.]

Mrs. ELIZABETH PENLEAZE sworn.

I am the wife of Mr. Penleaze, who lives in the road going to Hackney; our house is the corner of a field leading up to Hackney, almost opposite the Nag's-head in the Hackney road : our house was broke open on the 21st of April, between two and three o'clock in the morning. I examine every night that the doors and windows are fast before I go to bed; every window had its proper fastening, and all was secured that night: between two and three in the morning, I heard the door upon the left hand of mine, the first bed-chamber-door, open, and then shut again; I thought at hearing that door open, that the servant was come to fetch my son's shirt and stockings, which always lie there ready for him; I had hardly thought so, before I heard an attempt at the door where I lay: as I did not suppose any body belonging to me would attempt to open my door without speaking, I waked Mr. Penleaze, and said, For God's sake, for God's sake, here are rogues; Mr. Penleaze jumped up in his bed and asked fiercely, who is there? no answer was made; but before an answer could be made, the door, with a part of the wainscot, came down, and some men came in; four I saw very clear, for when I found they were rogues, I had no thoughts of losing my life, till they all came upon the bed and presented their pistols and cutlasses; I thought the first thing should be to take notice of their faces, and therefore I looked stedfastly at them all; two came upon the foot of the bed, one on Mr. Penleaze's side and one on mine; two pistols were presented at my head, and two at Mr. Penleaze's, by the people that came up the foot of the bed; a third man went up to Mr. Penleaze's head, and the other to the head on my side of the bed. We never lie with our curtains drawn, as Mr. Penleaze is asthmatical; I saw a very great light in the room, which I knew it was not possible for a dark lanthorn to give, for one of them had a dark lanthorn; the light

seemed to me to come from the landing place at the door, from whence I judged somebody held a candle there to direct them into the room; the window shutters were shut, but there are large holes at the top of the middle window shutter, small holes at the others.

Was it light enough to have discerned the face of a man? - No; by the light of the window I could not have discerned them; the clock struck three presently after. The prisoner I really believe to be one, for I saw his face, he was at the head of the bed on Mr. Penleaze's side.

Was there no crape or mask upon the prisoner? - Not upon him, I don't know that there was; I did not see any thing of that sort when I saw his face upon the bed, for I believe he was the man that put his hand over Mr. Penleaze's side and tucked the cloaths between Mr. Penleaze and me.

You believe he is the man? - I have no doubt of it; I remembered his face when I saw him again, that he was endeavouring to help the others to cover us up in the bed.

He had no disguise or mask upon his face? - I did not see any thing upon it, the look of his whole face I remember; now I see it at the bar again, it brings it fresh to my mind, I remember it perfectly well.

Are you sure it was the prisoner you saw in that particular situation? - I have no doubt of it, we were covered up not more than half a minute, before I put my hand and disengaged the cloaths from my face for a little air, and as I looked about with part of my face uncovered, I missed the man that stood at the head of the bed on Mr. Penleaze's side, and I saw but three in the room; I do suppose he went out as soon as we were covered, and with him took a tankard that was at the head of Mr. Penleaze's bed with balm tea; he emptied the balm tea into a wash-hands bason that stood next to that, for there we found the balm tea in the morning. They were each armed with a pistol , there were six pistols at a time on my bed, one in the hand of each man at the head of the bed, and two in the hands of the men that came upon the foot of the bed and lay upon us and helped to cover us down: before they began to cover us up, when they rushed into the room, they said, Your money, your money; when they came upon the bed they said, Tell us where your money is; we came for your money, we will not meddle with any thing else, tell us where your money is. I screamed very much, being terrified with the pistols and cutlasses which shone much; I kept up in the bed, begging for God's sake they would not hurt us, and they should have what money we had; they said, We will not hurt you, lie down in your bed: I lay down a little, I put the cloaths off me again, and begged for God's sake that they would hear what I was going to say; they asked what it was, I said, there was but little money in the house, Mr. Penleaze too said so, and begged they would use us well; they said they would, but as I did not lie down immediately, one of them struck at me with a cutlass, which missed my head and cut in at the head of the bed; I was frightened at the appearance of the cutlass; when I saw it come with great vehemence and a very loud voice, I said, I will lie down, I will lie down immediately, and drew the cloaths over my own head immediately.

Was this blow from the person on your side the bed, or him on Mr. Penleaze's side? - I cannot be certain, it seemed to me to come from one of the men that came up at the foot of the bed when we were both covered up; they asked Mr. Penleaze again where the money was, and he directed them into the room where it lay, and the other things of value that we had in the house; I was astonished to hear Mr. Penleaze direct them to the room where almost every thing was kept that we had that was valuable; I immediately directed them to another room; I put the cloaths off my head that they might hear me speak the clearer, and that I might have a little breath. Mr. Penleaze said to them first, there is but a little money in the house indeed, a little silver you will find upon the marble slab in the next room; the plate and other things of value were in a closet in that same room; I said to Mr. Penleaze, there is a little more money in the house, there is some gold, I believe, if you will please to go into the next room, gentlemen, and open the drawers in the chest of drawers, and look about the middle drawer, perhaps you may find it there; this I did to gain time, for then the clock had struck three, for I was in hopes, it being cowslip time, that people going out early in the morning might see them, and

they might be prevented from doing any kind of mischief; then two of them left the room, and there only remained one standing on my side at the head of the bed; they came back again, after looking in the drawers as I suppose, and said, There was no money there, and I did not give them an immediate answer, still hoping to gain a little time; they said, Whereabouts is the money? said I, Don't you find it there? they said No, there was none there; then said I, I really cannot tell you where it is; I really could not, for I did not know where Mr. Penleaze kept his money; they asked Mr. Penleaze, Where did you say the money lay? did not you say upon a little slab in the other room; what slab do you mean? said he, in the room upon the right hand, but my son lies up another pair of stairs, and he has the money he received yesterday, I have not accounted with him for it; they said, what room is he in? Mr. Penleaze said, in the room fronting the stairs, and he will give you the money. I was frightened for my son's life, though I seemed to have but little fear for my own; he is fond of shooting, he always lies with a couple of guns in his room; I begged of them for God's sake not to hurt my son; they said they would not.

What did you lose? - [Repeats the things mentioned in the indictment.]

What might be the amount of your loss? - I am no judge; Mr. Penleaze says, he thinks about 500 l.

Did you lose all the things mentioned in the indictment? - Yes, and a great many other things that we have forgot.

Now, are you certain as to the identity of the prisoner at the bar? - I have no doubt of it, but I have still some farther proof to give; another circumstance, which makes me think this is the man: when he was taken up, a coat was produced, which he had said was upon the back of one of the men in our house; I was at Mr. Wilmot's office when he was examined there, and this came out upon his examination; he was present and owned the coat to be his, he was ordered to put the coat on; he had given it to Bates's brother for Bates.

Who is Bates, for whom the coat was? - One of the prisoners that was tried and convicted for this fact; when he was first taken, he was carried to Wilmot's office, the coat was then produced, and he put it on; he was ordered again upon the public examination day to put the coat on; he spoke very sharp and rude to the justice, and said, I shall not put it on, I have put it on once already, have I not? he spoke in such a tone of voice as when I heard, I said, that is the man that said in our chamber, D - n you, why don't you keep her covered? which he said just in the same manner.

So that from the sound of the voice it confirmed you in your opinion that that person was at the head of the bed on Mr. Penleaze's side? - Yes; three had great coats on close like watchmen's coats; they were of a drab colour all of them; I never saw the prisoner's face, but at that one time when he was covering us up.

Please, to describe how the house was broke open? - A pane of glass was broke in the back parlour window next the fields; the back steps which lead into the garden are high; the upper part of them are wide, and almost even with the back parlour window at which they entered; they broke a pane next the steps; then they turned the screw that fastens the window, then opened the window bar and split the wood in which the bar was fastened; the bar fell down with the wood with it, and then the window shutters opened.

Are you sure that window was fastened over night? - I am sure; for I never go to bed without seeing it; I never trust to any body to fasten the windows, but I examine them myself.

Cross Examination.

What day of the week was this that this burglary happened? - The Sunday morning between the hours of two and three.

Between the Saturday and Sunday? - Yes.

Did you know any thing of the person of the prisoners before this time? - No, not of any of them before that night.

I apprehend when the four men first broke into your bed-room that you was very much terrified? - I was, but I had no fear of death; I did not think of it.

But you was very much terrified? - I was terrified.

Very much? - Not so much as many people would have been; I did not think about death till the cutlass was struck at me.

You said on a former occasion that you was very much terrified? - With the cutlass and pistol.

Which had the dark lantern? - I saw a great light in the passage; I cannot say, I cannot tell who had the dark lantern in their hand.

You know when a person holds a dark lantern in his hand, the light is projected from the person that has the lantern? - I saw the room very light, as light as if a candle had been in the passage.

I make no doubt you saw a light which appeared a great light to you who were in bed, but the dark lantern being before the prisoners, and the other lights behind the prisoners, both of these lights darting their rays upon you, and from the persons of the men, it would be impossible for you to discern their persons? - What become of the dark lantern I cannot tell when they were upon the bed.

Then there was no other light than what was in the passage; therefore it was impossible for you to see the faces of the persons? - It gave a strong light that I could discover their faces very clear, for their faces were even with mine, as near as my hand is to my face, for I believe the space of two minutes; I saw their faces clear, and a strong light came into the room; it is a small one; the door opens at the foot of the bed, at which they came in; there is a good light comes in through the holes of the window shutters, at that time at three o'clock, but not strong enough to see their persons; the landing place is at the foot of the bed.

The light came in at the foot you say, could you distinguish a person on the right hand and the left by that? - Yes; very clear.

COURT. At what period of time can you exactly say that you had an opportunity of looking at and observing the prisoner's face? - I do not suppose I had more than half a minute; it was only during the time of pushing the cloaths down and drawing them over us; it was such a countenance as I knew the moment I saw him, and the more I see him, the more clear I am that he is the person.

Counsel for the Prisoner. You never saw him before in your life? - No, but should know every face I saw in the room.

Afterwards, when he was examined at justice Wilmot's office, he was directed to put a coat on? - He was.

You took notice in your evidence that they had great coats on? - Three of them had, what they had under their great coats I cannot tell.

This is a close-bodied coat; then why did you desire him to have a close-bodied coat put on? - Not for my satisfaction; that will come out by-and-by; that was for the justice's, satisfaction, for some other witness which will be enquired into by-and-by.

You had no recollection of his voice at the first time? - No; there was too great a confusion; at first they all said, your money, your money: but that sharp rough manner of speaking immediately brought it to my mind, that is the same voice that said, D - n you, why don't you cover her up?

When the prisoner was examined the first time at justice Wilmot's office, not with standing the coat was put upon him, I believe you did not swear to him at that time? - I could not swear to his coat.

Nor to his face? - The answer I gave to Mr. Wilmot was, that I knew the man, but I would say nothing to him till next examination day; he was examined in the little room, but not in the public office; I think one cannot be too cautious when a life is in the case, and therefore I don't love to hurry.

At that examination did not you make a declaration of this nature, that you believed he did not rob you, but you apprehended he knew who did? - If you had that information, you are very much misinformed.

In some such words? - In no such words; for I really believe he did rob us.

Did you ask any persons whether the prisoner was in that robbery or not? - When I first gave an account to Mr. Wilmot's men, and described their persons, they said, Grant

and such a one, and such a one were the four that were in the room: they endeavoured to take this Grant from the description I gave of him.

Did not you express a doubt whether he was one of the persons? - I did not, because I was quite certain in myself, therefore I could have no doubt.

ANN HAWKINS sworn.

I am servant to Mr. Penleaze: I lived with him at this time; three men came out of my mistress's room; I was on the stairs, about the middle of the stairs; the first man I saw had a candle in his hand, about half the length of a kitchen candle, without a candlestick; they came up stairs towards me; I went back to my own room, which was a pair of stairs higher, and shut the door, but did not fasten it; they came up to the top of the stairs; they did not stop; they turned about, and went down again.

How many were there of them? - Two men came up stairs then.

Did they not go into any of the rooms? - No; they went back into my mistress's room, and enquired of her where the money was; I came down upon the stairs again, and heard them say, It was money they wanted, and money they must have: the same two persons came up stairs after that, and went into the young gentleman's room.

Was your young master's room the next room to the stair-case? - No; fronting the stairs.

Where was your room? - The first door on the stairs, just at the edge on the right hand.

Did you go back again into your room? - Yes; and shut my door too, but not fastened; one held the candle, while the other picked the young gentleman's pocket.

Did you see this? - Yes.

Did you see out of your room into his? - Yes.

Was your young master awake at this time? - They had taken the young gentleman into my mistress's room.

How do you know that? - I did not see him; he was not in his bed or his room; they searched his pockets that lay upon his bed; he was out of his own room.

Mrs. PENLEAZE. My son slept very sound; there was a good deal of searching from room to room passed before he heard any noise; he first heard me beg of them not to hurt us; he heard my voice; and between sleeping and waking, thought I was in fits, and that they had sent for a surgeon and apothecary to me; he came down stairs to see what was the matter with me; two men met him on the stairs; one clapped his hands upon his eyes, the other led him into my room; as soon as I saw them seize my son on the stairs, I screamed out to a violent degree; I thought they were going to hurt him, but they did not; they only led him into my room.

To ANN HAWKINS . What did they do in his room? - Opened a little cabinet and a chest; they went out of the room into a room adjoining mine; I did not see them open the chest; but they did, by the noise I heard; they came out of that room to a chest facing my door; which they opened; one said to the other, Come along, there is nothing there; they went down stairs.

Did you escape? - Yes; I was in my own room, the door of which was upon a-jar.

Was you able, in the situation you was in, to know these two men that came up stairs? - Yes, I think I was.

Was the prisoner one of those two? - I cannot take upon me to say that; it was much such a sized man I saw in the house; a person like the prisoner, who had a dark blue coat on.

Had he a great coat on? - No; one at the study door had a great coat on; neither of the men that came up stairs had great coats on; but one that stood at the study door after that had.

What sort of a great coat was it, a drab colour? - Yes; there was one with a very gruff voice, that stood at the bottom of the stairs, called out Jem, Jem, Jem.

Cross Examination.

How long were those men in the house? - I cannot say.

You saw them come out of your mistress's room, and I think you said you stood with the door a-jar about twenty minutes on the stairs? - No, they went up stairs; they came

by my room door four times before they went away; when they came up stairs, I went into my own room, and let them pass by my door.

But you saw them come up stairs? - Yes.

You saw but three? - Yes.

And you saw them all come out of your mistress's room? - Yes.

Of those three that came out of your mistress's room, two had no great coats on? - One had, the other two had not.

You had a full view of them for a long time by means of this candle? - I had, at different times.

But with all this view you cannot be certain to the person of the prisoner? - No, I cannot.

Upon a former occasion you mentioned the space of twenty minutes? - Undoubtedly I might formerly, but it was not mentioned now.

I believe you said so before? - Yes; but it was not mentioned now.

Counsel for the Crown. How long had you an opportunity of making these observations? - For twenty minutes.

JAMES BATTEAUX sworn.

I am a silk weaver: I live in Air-street, in Bethnal-green Parish; I have known the prisoner almost twenty years, from a little boy.

Do you know Bates and Green? - Benjamin Bates , who is under sentence of death, is my brother-in-law: I met the prisoner on the 29th of June in Red Lion Square; I should have seen him if he had not called; he found that, and turned round; the first word he said, was, how does the prisoner Bates do? I told him he was had enough; he said it was a sad thing, he was sorry for them, for he knew them both to be innocent men; he meant Green as well as Bates, they were both cast at the same time: I told him I thought he was one of them; he said, He was not, but he knew them that were; I asked him the men's names; he told me the names of four of them; I had got a petition in my hand; I was going to the Recorder's house; I was within 150 yards of the Recorder's house; the petition was in the behalf of Bates, signed by the overseers and churchwardens, and a vast number of the principal in habitants of St. Leonard, Shoreditch: I told him, not being used to such things as that, I was rather ashamed, and asked him to carry the petition for me; he said he would with all his heart; he gave me his bundle, and went with the petition; he had given me half a crown just before to give to Bates: while he was gone with the petition, we consulted whether we should take him or not; there were two of Bates's own brothers with me; we agreed not to take him then, but to get great with him, to try if we could learn any thing of the other men that he had mentioned: when he came back, I asked him if he would take us to any alehouse and give us something to drink; he said he would: he took us to the Black Lion going into Red Lion Square; we staid there near an hour; all the while I was there, I was continually talking about Mr. Penleaze's robbery; I told him Mrs. Penleaze said she saw four in the room; he said, Did she say she saw four? I said, yes; he said, I know she saw but three in her room: I told him there must be more than three; that there must be somebody about the house to keep sentry; for I told him I had heard his brother say that there were seven of them, and that they shared thirty-eight guineas a man; but I thought there must be more than that number; he said, No, there was not; I asked him what sort of men those four men were: after he had mentioned their names, he said, O they have been taken up, but were acquitted; that one of them was very much of a gentleman, and a man of worth, that had three or four hundred pounds worth of plate in his house: I asked him about the others; he said, one was a tall raw-boned powerful man, and he used to be out at times in Grub-street; he said, that tall powerful man rescued him away from one Mr. Church, where Grant used to live; for he was taken three months ago for this, and this man rescued him. It came up in discourse, that the prisoner Bates was almost naked; he said, if this coat I have upon my back will be of any service to him, I will give it him; I thanked him: he said, if I would go a little farther with him to another house, he would give it me; he paid the reckoning, and we came away; then he took us into Spread-eagle Court, Gray's Inn Lane, to the King's Road.

Who was that house kept by? - One Mr. Wood *; when we came there, he wanted to treat us again; I told him we had had sufficient; he did not seem very willing to pull off the coat just then; I told him if it suited him, we would call again for it; which he assented to, and we came away: we went again to Wood's house on Sunday the 7th of July, John Bates went with me; we sat there a little while, and then he came out of a back room in Mr. Wood's house; he asked us to go into the back room: I talked about the robbery of Mr. Penleaze's, and the large quantity of plate Mr. Penleaze had lost; he said, what did it signify? they shared thirty-eight guineas a man; he did not say we but they shared; I said the last time I saw you, you promised to give Bates a coat; he said, yes, I did, there it is across the back of a chair; he took it off the back of the chair, and gave it the other man, and said, That coat was in Justice Penleaze's house at the time of the robbery; I will not be sure whether he did not say it was upon the back of one of the men; I looked at him very hard when he said those words, and said, why sure? he said, By G - d it is true, but there he was not; he said over and over that he himself was not there; I persuaded the man he gave the coat to, to put it on under his great coat; there was a Jew there that I supposed by the description to be one of them; I said, it is very odd, I am going to carry this coat which you say was on a man's back that committed the robbery, to a man that is innocent of the robbery, though he is convicted for it; he said, Yes, it was given to me, and I give it away again.

* See the Trial of Wood, Number 616, p. 351.

HAWKINS. I saw a coat a good deal like that in the house, upon the back of one of those that came up stairs.

Is that a dark blue? - Yes, or something a good deal like this colour.

BATTEAUX. This is the coat the prisoner had on when we met him in Red Lion Square.

From the Prisoner. Why did you not take me up sooner? - It was about three weeks after I had the coat before he was apprehended; the reason was we went three or four times after him, but we knew we dare not touch him in Wood's house; we wanted to get him out of the house, at last we caught him at the end of the alley: Mr. Wilmot's men had been three times after him.

COURT. Was you intimately acquainted with the prisoner? - I saw him before I met him in Red Lion Square, at the time of the hard frost; I knew him very well some time ago, when he used to follow his business.

From the Prisoner. Why he did not take me in Holborn when he met me there with his brothers in company with him, the last execution day but one? - There were three of them together; we were afraid to attack them, the Jew was with him: Mr. Sherwood's men were after him.

Did you give information to them that you had seen him that day? - I told Mrs. Penleaze we had seen him; she said she wanted him taken; we were no thief catchers; I was somewhat afraid.

Cross Examination.

If you had chose to have taken him on an execution day, there was plenty of assistance at hand? - It was almost night; it was about six o'clock.

If this man should be convicted, whether you don't think that your brother will receive a pardon? - I could not conceive that; but if this man had turned evidence it might, for this man could have told the men that did commit the burglary.

From the Prisoner. Whether he did not say to me in Red Lion Square, that he was glad I was not taken at first, for Mrs. Penleaze would have sworn to me on account of my black hair? - I told him very possibly she might have sworn to him if he had been taken, on account of his hair.

From the Prisoner. Whether he did not swear at Justice Wilmot's that I used to wear my hair down to my nose almost, which I never did? - I said his hair was in quite a different form; that he used to wear it hung over his forehead; but when I met him in Red Lion Square, his hair was almost cropt, he looked like quite another man.

Counsel for the Prisoner. Should you ever have thought of making any complaint against

the Prisoner if he had not declared in the conversation to you that your brother was innocent? - I had a notion at first that this man was concerned in it, for I know he had not followed his employment.

Was it not for the sake of your brother that you concerned yourself in it? - I had a notion at first that he was one; but when he spoke about the coat, what I mentioned then, I thought he was one of them.

You had a consultation among yourselves in behalf of your brother? - We wanted to find out the man who did commit the robbery; for I believe it will be found that my brother is innocent.

WILLIAM BATES sworn.

I am brother-in-law to the last witness; and own brother to Benjamin Bates who is convicted of the burglary at Mr. Penleaze's.

Do you remember meeting the prisoner in Red Lion Square? - Yes; there were in company John Bates, Batteaux, Grant, and myself; we went into Red Lion Square, Grant came up to us, and said, so there you are, how does poor Ben do? James Batteaux said, bad enough; Batteaux had a petition in his hand; he asked Grant to go with it for him; Grant said, with all his heart; and he went and delivered it down through the iron pallisadoes; when he came back, James Batteaux asked him to make us drink; he said, yes, he would; he went to a publick house near there: Batteaux began to talk about the burglary at Mr. Penleaze's, and said it was a very great affair, and that let it be who it would, they ought to suffer; Grant said, I know them very well, and he mentioned four mens names, and said, one man was very much of a gentleman; we said, we were almost ruined, and Ben was in a great deal of poverty; he gave half a crown for us to drink; James Batteaux said, I shall give this to poor Ben; he offered to give him this coat, which he had upon his back; I was not present when the coat was actually given.

Cross Examination.

He over and over declared that he was not the man that was concerned in this robbery and told you the names of all that were? - He said he was not.

What was that consultation about that you held after the prisoner was gone with the petition to the Recorder? - We stood in a pause whether we should take him or no.

Why did you mean to take him, was it not for your brother's benefit? - No; he said he was not there, so we gave it up.

So you did not care what became of Bates? - Never after he said he was not there; and then we believed him.

Do you believe, if this man is convicted, it will be of any use to Bates your brother? - None at all, how can it?

But whether you don't believe so? - Indeed I don't.

From the Prisoner. Was you present when any conversation passed between Batteaux and me, when your brother said, it was well he was not taken up; for if he had, Mrs. Penleaze would have sworn to me by my black hair, as well as she did to your brother? - I did not hear any such thing.

I believe you saw the prisoner a great many times before you took him up, since you saw him in Red Lion Square? - No; never after that time till he was taken.

From the Prisoner. Whether he did not ask me to give him something towards burying his brother? - I did not ask him for a farthing; I said it was very hard, for I could not afford to bury him.

COURT. Is the prisoner's hair in the same state now as when you met him in Red Lion Square. - I believe much the same.

Counsel for the Crown. How did he wear it before that time? - He had his own long hair formerly; I had not seen him for some time, before I saw him in Red Lion Square.

JOHN BATES sworn.

I am a brother to William and Benjamin Bates , and brother in-law to Batteaux.

Do you remember meeting the prisoner in Red Lion Square. - Yes; I was going with a petition to the Recorder for my brother: we told Grant that our brother was very poorly, he said,

'He was very sorry for it, he was innocent;' and he mentioned four people by name that did commit the burglary: he took the petition in for us, after that we went to the public house and had a deal of talk, in order to get out of him what sort of men they

were who were concerned in it. He gave us half a crown for my brother, afterwards he said he would give my brother the coat he had on, if we would go a little way with him; he took us to a house and gave us a dram a-piece, and took no notice about the coat. Batteaux said, it does not signify pulling it off now, we will come another time; he said, we should have it come when we would: we came there eight days after, he came in out of a side room to us, he asked us how we did, and drank with us, out of the pint of beer we had called for; he took us to the side room, my brother-in-law and I went into the private room, we sat there an hour or more; Batteaux asked him there about the names he had mentioned, he mentioned the four names over and over: Batteaux mentioned what was taken away, he said, what is it? they shared but 38 guineas a man; they, he did not say we, he always said that he was not in it. After that Batteaux asked him for the coat, he said, there it is; it hung across a chair back by me; I was going to tie it up, a Jew that was with him said, put it on, it will sit you; they perswaded me, and I put it on under this great coat, I had only a waistcoat on then. As we were coming home he said,

'Now, that coat

'was in Mr. Penleaze's house; one of the men

'that did the robbery, had that coat upon his

'back that night:' Batteaux looked at him then very hard and said, Sure, what an odd thing this is? now you say this coat was on the man's back that committed the robbery; now we are going to give it to a poor fellow that is cast, though he is innocent; he said,

'it is odd, but by G - d it is true;' after that he said,

'it was given to him, and now

'he gave it away again.'

Cross Examination.

At this time you was going to the Recorder, with your brother Bates and Batteaux, in order to obtain mercy for your brother if you could? - Yes.

And you thought yourself much obliged to the prisoner for expressing kindness towards your brother? - Yes.

He gave a half crown for him and promised the coat? - Yes.

And told you the names of all the people he had heard were concerned in this robbery? - Yes.

Declaring at the same time that he himself was perfectly innocent? - Yes.

Then you had no reason to apprehend that he had been guilty of any offence at Mr. Penleaze's but this conversation? - That was all.

As he told you he was innocent, and mentioned to you the names of four men which he apprehended had been guilty of this robbery, why were they not taken up? - We gave information of them all to Mr. Wilmot's runners, but they were not taken up.

Do not you apprehend if the prisoner should be convicted, it will be of use to your brother? - I don't know that it will, and I will not say any thing he did not say to me.

Did not you think, after you had had a consultation about this business, that going to Justice Wilmot's office would be of use to your brother? - I thought, if we took one of the right people up, we might get an evidence, and the truth might come out.

And that would be an advantage to your brother? - Yes.

JOHN CHURCH sworn.

I am a watchmaker, I live in Chequer-alley, Bunhill-row; the prisoner lodged with me a fortnight within about a day or so.

When was that fortnight? - The first night he lay in my house was Easter Sunday.

Did he lodge in your house on the 20th of April? - The 19th he did, I never saw him after the 20th of April in the morning; there was a man that did lodge with him, I don't know him, and another man came and fetched a hanger and a night-cap away in the afternoon of the 20th.

Did he pay you for his lodging on the 20th of April, or did you consider him as liable to pay it? - His wife paid me the Wednesday after the 20th.

Did his wife lie there on the 20th? - She never lay there at all.

Did you look upon him as your lodger on the 20th? - I did, though he did not lie there that night, nor never lay there after the 19th.

Was the prisoner present when the cutlass and night-cap were fetched away? - No.

What name did he lodge at your house by? - The name of Scott.

PRISONER's DEFENCE.

I am quite innocent.

FOR THE PRISONER.

ANN ROSAMAN sworn.

I keep a public house, the sign of the Boot in Grub-street.

Do you recollect the prisoner lying at your house any time? - Yes; upon the Saturday night the prisoner and two or three more young men were drinking at my house; when the time came that we should go to bed, the prisoner asked me if I could let him sleep there that night, I told him I did not know as my husband was a-bed: a gentlewoman that lodged at my house at that time said, she had some knowledge of him, and I had no occasion to be afraid of letting him sleep there, for he used her house when she kept a public house herself: this person saying that she knew him, I let him sleep there that night,; about three days after, I believe it was on the Wednesday following, the prisoner came to my house again, and asked me,

'if I did not recollect his lying

'there on the Saturday night?' I told him I did; I asked him why he asked me that? he said,

'the reason was known to himself,' he then said,

'the reason he had for asking me

'was, that he would be glad if I would let

'him make a memorandum of the day of the

'month he slept at my house;' I told him he might, but I wanted to know why he did it; he said,

'an affair had happened that he did

'expect to be brought into trouble for, and

'if he was, that he should subpoena me to

'come and speak the truth;' I had a subpoena, and that is the reason I came here; I saw him make the memorandum upon the wainscot in my kitchen in chalk, I stood by while it was done; the memorandum was nothing, but

'the 20th of April.'

Was this memorandum put in such a place as it was not likely to be rubbed out? - It was put very high, where it was not likely to be rubbed out.

JURY. Who wrote that memorandum, the prisoner? - No; a young man that was with him.

COURT. Though the memorandum you say is

'the 20th of April,' will you swear that he lay in your house upon Saturday the 20th of April? - Yes; he really lay in my house that night.

JURY. Did you see him go to bed? - I did.

Did you see him get up? - He could not get up without my knowing it.

COURT. What hour did he go to bed? - As near as I can recollect about twelve; he lay at the very top of the house.

COURT. Did you put him to bed? - No, I saw him go up stairs; I was the next person that went up stairs and a gentlewoman that lodged in my house: I fastened the street door and went up directly after; we fasten the street door and take the key up to bed with us every night.

COURT. Could he have got out of this house at any other place but the door? - No; we have another pair of stairs that come down by my room door where I sleep, and at the bottom of that stairs we have another door that we always bolt of a night, the last thing we do; it would be impossible for any body to come down stairs when the door was bolted of my side; nobody can come down stairs till we are up in the morning. My husband generally rises at five or six, and he generally unbolts the door before he goes out; I bolted the door that night after the prisoner went up stairs, because my husband was a-bed before me.

COURT. Who opened the street door in the morning? - My husband.

COURT. Did you see the prisoner the next morning? - He went out before I was up; I never get up myself till eight o'clock or half after; my husband did not know of his sleeping there.

JURY. At what time are the stair foot and street doors opened? - Never before five or six o'clock at the outside.

COURT. Is your husband here? - No; he did not see the man go to bed and knows nothing of it, but what I told him myself.

COURT. He did not let him out in the morning? - No, he did not see him go out.

JURY. Did any body else see him go to bed? - He goes through the room where this gentlewoman lives to go up stairs; I don't know whether she is here.

COURT. How many stories does your house consist of? - Four stories.

COURT. Did he pay you for his lodging? - He paid me six-pence before he went to bed.

COURT. Your husband must know of his going out? - We have two men and their wives that lodge in the house at this time, when the door is open they can go in and out; if he had known any thing of it he would have come.

JURY. Could the prisoner come down stairs without going through this woman's room that you speak of? - There was a bed room next to that where she slept of a night, she went to bed in another room; she has two rooms; he must go through the room she lived in in the day time; she had another room she slept in; every body must go through that room that goes up or down, either night or day.

JURY. Is there not a possibility of his getting out at the windows? - It is four stories high, I don't know how.

Is it usual for you to let strangers have free access and passage into your house that you have so little acquaintance with? - We very seldom have any strangers lie in our house, but it happened to be so that night from the recommendation of the gentlewoman that lodged in my house.

Had she been in company with him that evening? - She saw him in the house.

Counsel for the prisoner. If that woman had not known him, you would not have suffered him to lie at your house? - No.

And you are sure that the stair-foot door was not open till five? - Not before, probably not till six.

Cross Examination.

Your husband keeps this public house? - Yes.

Have you many lodgers? - Two men and their wives at the present time.

And this man you know nothing of, only by the recommendation of this woman? - Yes.

It is your custom to lock up this stair-case of a night? - Yes.

So if any of your lodgers want to go down they cannot? - They never trouble me, they must knock at my door.

You have never been disturbed? - I have now and then, to let the women go down to their husbands to let them in.

Had you any servant? - Yes, two; but they don't live with me now.

And they are locked in too? - Yes?

Every body was locked up stairs? - Yes.

Let them have ever so great an occasion to go down they cannot get out? - No.

Was either of your servants present when this 20th of April was wrote down? - No, only the young man.

Y ou keep a very regular family? - We are always a-bed by eleven o'clock or so.

You don't sweep and clean the tap room? - The servants do.

And they never rubbed off this chalk? - It was set up high in the kitchen, they could not reach it.

They might touch it with a broom? - No, they never did.

What did this man stand upon to write this? - Upon a chair.

And it was wrote the 20th? - The 20th of April.

Did it not surprize you, that this man should come and desire you to take notice of this 20th of April? - Yes.

What were the words he made use of? - He said,

'There was an affair had happened,

'that he did expect he likely might be troubled

'for.'

What did you understand by that? - I did not know, nor did he inform me.

You did not understand what the little affair might be, nor what being in trouble might be? - No.

Did he lay alone that night? - Yes.

Upon your oath? - Upon my oath he did.

There was nobody else in the room? - No.

Did you never say somebody did lie with him? - No.

Did you never hear him say that before the justice? - No.

Was not you examined before the justice? - Never.

What did you never give this account before a magistrate? - No, I never was sent for;

I never was before the justice about it; I heard of it since he has been in trouble; but within this two or three days I had this subpoena.

Where do you lie in this house? - In the first floor.

Does any other person lie in the first floor? - Only myself and my sister; my servants lie up two pair of stairs.

Where was the key of the door that night? - In my room, which it always is of a night.

And you always lock all your lodgers up? - Yes, when we go to bed we always do; they come up one pair of stairs, and go through a room on the other side; that stair foot door as we call it, comes down close to my room door; the door is upon the first floor, that is bolted.

He could come down to that door? - Yes, but could come no farther.

He might then open the dining room window? - No, he could not; when we go up one pair of stairs, there is a door opens, behind that door, as close as possible to the stair-foot door that goes up to the rest of the rooms; when that door is bolted, they cannot get down to the dining room landing place.

If they have any extraordinary occasion to come down after this door is shut, they must apply to you? - Yes.

What is the name of the woman that desired you to let this man lie there that night? - Mrs. Norton.

Mrs. PENLEAZE. The prisoner said before the justice, that he lay at this house, the Boot in Grub-street, on the 20th of April with James Lecore , I think the name was.

CATHERINE NORTON sworn.

Do you know the prisoner at the bar? - Yes, I saw him at the Boot in Grub-street on the 20th of last April; he was going up to bed; I knew the prisoner before by his coming to my house for a pint of beer; he bid me good night, that was all that passed; he called me mother Norton, I said, Jem, how do you do? and so we parted; I took Mrs. Rosaman's club room and bed chamber, while a house was preparing for me in Golden-lane; I keep a cloaths shop there.

Had you any particular acquaintance with him? - No; Mrs. Rosaman asked me if I knew him? I said I did, and I thought she might let him lie there for his honesty.

Did you see him in the morning? - I did not.

What was it o'clock when he went to bed at night? - It had struck twelve, I believe.

Cross Examination.

Were you and he pretty intimate? - No.

He said how do you do, mother Norton? - Yes.

Did he sleep alone that night? - I did not go up to see his bed.

You do not know whether all the beds were full or not? - I did not go to see.

Who went to bed first, you or Mrs. Rosaman? - She went to bed before me; I saw her fasten the door.

Which do you mean, the street door? - All the doors were fastened; there is a staircase door that fastens; there is only a space between where the club pot is put, and if Mr. Rosaman has any occasion to let his lodgers out, he puts his hand out of his own door, and lets them out; my husband has laid out several times, because I could not let him in, and did not care to disturb Mr. Rosaman.

So you have more tenderness for Mr. Rosaman than your husband? - I did not care to disturb him as I was a lodger.

You was not present when the day was chalked up in the kitchen? - I was not.

Whereabouts was it chalked? - Upon the wainscot in the kitchen.

How was it wrote? - In big letters in chalk; there was 20 in figures, but I cannot read; I can figure, but I cannot read writing; it was like a name.

Was it this, James Grant lay here on the 20th of April? - I cannot read, so I don't know.

Was there letters enough to express that? - I am sure there were.

Tho' you cannot read, are you judge enough to know that; how many words were there? - I cannot tell, as I cannot read.

But you might tell how many words there were? - I cannot tell.

They were in different spaces? - Yes.

Was there enough for, James Grant lay here on the 20th of April? - Yes; I believe there was.

Was there any thing more than the 20th of April? - There was no more in number than 20.

You can tell whether it was James Grant lay here on the 20th of April, or only 20th of April? - It was pretty long; long enough for James Grant lay here on the 20th of April.

COURT. You say Mrs. Rosaman went to bed first? - She did; I finished a cap I had in the club room, which is the room the lodgers go through to go to bed; the bed-chamber is even with this club room.

That club room is beyond the staircase door? - They both come into the club room.

You could not go down without applying to Mr. Rosaman? - I could go down into the kitchen, but I could not get out; they who lodged above me could not come down.

You could get down out of your apartment into the kitchen? - Yes.

Why could not the prisoner do the same? - There is another staircase goes into the garret, and there is a staircase door to that; that is the door that is fastened.

COURT. You say you understand figures; did the figures that you speak of in this chalk, that you did understand, stand before the words, or were the words before the figures? - I cannot tell; I think the figures were before the words, but I cannot remember.

GUILTY . DEATH .

Tried by the First Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17760911-24

644. MARY SMITH was indicted for stealing a pewter dish, value 2 s. the property of Joseph Lord , August 23d .

ELIZABETH LORD sworn.

I am the wife of Joseph Lord ; I keep a book's shop; the prisoner came to my shop for a pennyworth of pease soup last Friday was a fortnight; she went backwards; soon after she was gone I missed the dish; I sent my servant after her; she took her, and found the dish in pawn.

ELIZABETH STUBBS sworn.

I am servant to Mrs. Lord: I saw the prisoner go into the yard, take the dish, and put it under her apron, and go out; I told my mistress she had taken the dish; I followed her directly, and met her coming out of the pawnbroker's with the money in her hand she had pawned it for; I brought her back, and charged a constable with her.

THOMAS OWEN sworn.

I am a constable: I had charge of the prisoner; she confessed she had taken the dish and pawned it for 20 d. she went with me to the pawnbroker's.

[The dish was produced in Court, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I asked a woman, who I thought was the servant, to lend me the dish, and being in distress, I went and pawned it.

GUILTY of stealing to the value of ten-pence W .

Tried by the Second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17760911-25

645. DAVID MONRO was indicted for stealing a cloth coat, value 7 s. the property of George Thunder , September 6th .

GEORGE THUNDER sworn.

I am a hackney coachman : last Friday night my coach was standing in Oxford-street ; I saw the prisoner take my box coat off the box, and run off with it; I pursued him; he turned down Sheppard's-street; I lost sight of him; he had no coat when he was taken, what he did with it, I don't know.

WILLIAM FOREMAN sworn.

I heard the cry of stop thief, and saw the prisoner running; I stopped him in Leonard-street, the corner of Bond-street; he had nothing about him when I stopped him; the coachman came up, and charged him with

coach wheel to get a bit of hay for his beast.

PRISONER's DEFENCE.

I never saw the coat; we had had a quarrel, and I was running away.

'The prisoner called several witnesses, who

'gave him a good character.'

GUILTY of stealing to the value of ten pence . W .

Tried by the Second Middlesex Jury before Mr. Baron PERRYN .

Reference Number: t17760911-26

646. LYDIA the wife of John BILLS was indicted for stealing a silver table spoon, value 7 s. the property of Noel Racine , July 11th .

'The prosecutrix was called but not appearing,

'the court ordered his recognizance

'to be estreated.'

NOT GUILTY .

Reference Number: t17760911-27

647. CHARLES BENFIELD was indicted for stealing a black gelding, value 10 l. the property of George Plumridge , August 4th .

GEORGE PLUMRIDGE sworn.

I live at Hackney ; I keep horses and carts : on the 3d of August between nine and ten in the evening, I sent my horses into the field by my servant Matthew Allen ; about six o'clock the next morning, which was Sunday, one of my horses came home; I sent Allen back with it; he informed me that the rail was broke down, and there was another horse missing out of the field; I sent Allen and my boy in search of it that day, and on Monday and Tuesday; I had it cried at Whitechapel market on Wednesday, and again on the Thursday; about ten o'clock on Thursday one Flint, a wheeler, told me he saw a horse like mine with one Blinkford; I went to Blinkford; he said he saw a horse steaing about half after three o'clock on Sunday morning; that the horse being so good a one, he took notice of the marks as the man cut them off, and threw them on one side; I told him the marks of my horse, and he brought them to me in about a quarter of an hour; there was the tail, the nose, and a white foot-lock, which I swore to; I sent Mr. Wilmot's runners after the prisoner, and took him up immediately; he is a horse boiler in Kingsland-road, about a mile from where live, and about three miles from the place the horse was stolen from.

What might be the value of this horse? - 10 l. there were eight in the field; it happened to be the fattest among them.

MATTHEW HALE sworn.

I am servant to Mr. Plumridge: I took the horses into the field on Saturday night; the next morning one of them came home; I took him back to the field; that was between six and seven o'clock, and missed a black gelding, which my master has had about eight months; I know nothing against the prisoner.

JAMES WOOD sworn.

I clipt the tail of the horse about a week before; I know nothing of the stealing of it.

JOHN BLINKFORD sworn.

I have several horses at grass in a little field I rent of Mr. Scott; two of my horses were used to get over the bank and places into other people's grounds; I got up between three and four o'clock on the 4th of August, and went to see after my horses; as I was going down the lane that leads to my field, about half way I saw a short man in a light coloured coat, standing at the gate by a shed of the prisoner's, where he kills horses and boils the meat; being a stranger I went up to him; there were three or four dogs by the gate, who came flying at me, but as I work near the premises they knew me, and did not hurt me; I went into the yard; the man went in to the prisoner, and came out again; I went to the shed and saw a fine black gelding on his back, just knocked down; the flesh was quite alive; they had just began to rip it up the legs; they always begin to rip the skin at the legs.

Who was by this horse? - The prisoner and his boy; they had each of them a knife;

seeing such a fine gelding, and there appearing to be nothing the matter with it, I thought much of it, and stood looking at it, and took great notice of it; it had three white foot-locks, the near foot before, and the two hind feet; he lay on his back with his tail toward me; I admired the tail, it was a fine black tail which had been lately cut, and had two swishes, one on each side; I walked round the horse, his off eye seemed to be out; he had a white spot on his nose, which came down between his nostrils, that is very remarkable: I went to seek my horses; when I returned, the four hoofs were cut off, and I could see nothing of them, that gave me a suspicion that the horse was stolen; I went out, and came in again, and saw them cutting the legs; they had then cut all the particular marks off, and thrown them among some bone, and almost spoiled the skin; while I stood there, Thomas Murray came in and seemed to be surprized to se the horse, and said to me, what can be the meaning of this horse being killed, is he glandered? the prisoner said he was; upon which I laughed; Murray said it was a stolen horse, and asked me to go and have a glass of gin; we went to a public house, and they were not up; from thence we went to another public house, where we had two pints of beer, instead of the gin; while we were there, we saw the prisoner and the strange man go by; Murray said all the way it was a stolen horse; I told him he should not say such a thing unless he knew it; I did not say any thing of my suspicion, but thought I would know whether it was a stolen horse or not; I desired a friend to look in the papers, and see if any horse was advertised, with particular marks, as stolen, as I had got possession of the pieces.

When did you get possession of the pieces? - When they went by the public house I went and got the pieces together, and put them under the bones: on the 8th of August, Mr. Plumridge came to me and told me he had heard that I had seen his horse killed; he described his horse; that his tail was cut, and there were two swishes on it, that it had been rubbed against the cart, and was sore at the end, that it had three white feet, and but one eye; which exactly corresponded with what I saw; I told him I believed I could fetch him all the pieces of it, and went and fetched them in my apron out of the prisoner's yard from under the bones where I had hid them: Mr. Plumridge knew them as soon as he saw them, and said they belonged to his horse; Mr. Plumridge has had them ever since.

[The tail, the nose, and a white foot-lock were produced in Court, and deposed to by the prosecutor.]

BLINKFORD. These are the things I picked up in the yard; I did not know that the tail was sore till Mr. Plumridge particularly described it.

THOMAS MURRAY sworn.

I worked with the last witness five or six years for Mr. Scott; I hired a stable of the prisoner, by the shed where the horse was killed; I was at the stable on the 4th of August about a quarter after four in the morning, as near as I can guess: I came to the shed, there were a man there that was tried last session for horse stealing, the prisoner and his boy, who is his nephew, and the last witness; the prisoner and his boy were skinning a horse; the boy was about the head, and the prisoner about the body; I observed the horse was a black one; I did not observe any of the marks, it was a sat horse; I said to the prisoner, what is the reason such a horse as this is killed? I think it is a great pity; what is the matter with him, Mr. Benfield, is he glandered? he said, yes, he is.

To PLUMRIDGE. Was your horse glandered? - No, he was as clear as a sucking foal.

MURRAY. Blinkford upon that turned his head and laughed, and gave me the wink; I walked near the horse, but could see no sort of running he had about the nose; I came out of the yard with Blinkford, and told him I had a great suspicion they had stole the horse; the man that was along with him made me suspect it.

JOHN APPLETON sworn.

I have known the horse ever since Mr. Plumridge has had it; I saw James Wood clip the tail.

Have you seen the pieces that have been produced? - Yes; I am very sensible they belong to Mr. Plumridge.

PRISONER's DEFENCE.

I bought the horse in Smithfield for fourteen shillings of one Richard Hayward .

'He called Robert Rocket and Margaret

'Hains, who gave him a good character.'

GUILTY . Death .

Tried by the Second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17760911-28

648. STEPHEN BROADSTREET was indicted for stealing two silver table spoons, value 10 s. and two silver tea spoons, value 4 s. the property of John Morgan , July 14th .

JOHN MORGAN sworn.

It is my custom to rise very early in the morning, and take a walk; I rose very early in the morning of the 14th of July, and went out; I fastened the outer door after me; returning home, I saw my door open, I quickened my pace, and entered the door and called out, and then saw the prisoner; I charged him with being a thief; he got out, and in a narrow entry there was a scuffle between us, and I received some stabs in the back of my hand, they appeared as if done with some nails; I made an outcry; Mr. Phillips, a neighbour, pursued him, and he was taken, and brought into my house; he sat down in a chair; I thought I heard a rustling of something, and afterwards a silver table spoon and tea spoon were found under the prisoner in the chair; another spoon was taken out of his pocket and delivered to me.

JOHN PHILLIPS sworn.

I cried stop thief upon Mr. Morgan's telling me he had been robbed, and the prisoner was stopped; I carried him back to the prosecutor's house; I heard something rattle when he sat down, and the two spoons were found; and there was a spoon in my presence taken out of the prisoner's pocket.

[The spoons were produced in Court, and deposed to by Mr. Morgan.

WILLIAM BAILEY and JAMES PEARCY deposed,

'that they searched the prisoner, and

'found a silver spoon in his pocket, and a

'tinder-box, picklock keys, and some matches.'

PRISONER's DEFENCE.

I was walking one morning by the prosecutor's shop, he keeps a chandler's shop ; I saw a young woman with a candle in her hand; I asked for a chandler's shop; she said, this is one, meaning the prosecutor's house; I went to the door, it was open; I knocked several times, nobody appeared; I went in, and saw the kitchen door open, and returned directly, I saw nobody there; I knocked at the door several times again; I saw a spoon lie upon the step of the door, I took it up; then Mr. Morgan came in, and said, what do you want? I said, some bread and cheese; he said, you are a thief; I thought he would swear my life away; we had a scuffle together, and I got from him; knowing I was conscious of the robbery, I went back again to his house.

'The prisoner called four witnesses, who

'gave him a very good character.'

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-29

649. MARY BOLLAND was indicted for stealing a mahogany tea chest with three tin canisters, value 10 d. the property of James Bolter and Mark Daws , September 11th .

JAMES BOLTER sworn.

I am an upholder , in partnership with Mark Daws : the prisoner was detected yesterday morning with a tea chest; I did not see it till she was taken.

JOHN WEST sworn.

I am an apprentice to Messrs. Bolter and Daws; I put a tea chest on a table at the door; I turned my back about a minute, and it was gone; I saw the prisoner, and pursued her, and found the tea chest under her cloak.

[The tea chest was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I had not the tea chest, it lay in the street, there was another woman running, who outrun the young man, and he laid it on me.

GUILTY . W .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-30

650. ELIZABETH SMART was indicted for stealing a silver table spoon, value 5 s. the property of William Fry , August 3d .

WILLIAM FRY sworn.

I live in Mincing-lane : the prisoner came to my house on the third of August, the next morning my servant informed me there was a silver spoon missing; I sent my servant in search of the prisoner, she found her, and we took her before a justice, where she confessed taking the spoon.

MARY JACKSON sworn.

I am a servant to Mr. Fry: the prisoner was at our house on the third of August; we missed a spoon the next day, and on Monday the spoon was found in pawn.

MARGARET NESHAM sworn.

I am a pawnbroker: the prisoner pawned a silver spoon with me on Sunday morning the 4th of August.

[The spoon was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I was coming from the prosecutor's house at eleven o'clock on Saturday and found this spoon in the street.

GUILTY of stealing to the value of ten-pence .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-31

651. THOMAS CALON was indicted for stealing ten pounds of moist sugar, value three shillings , the property of our sovereign lord the king , August 8th .

- SWAINSON sworn.

I am a landwaiter: I was landing sugar, which was imported from Barbadoes, in lieu of the king's duty; the hogshead this sugar was taken out of was in a bad state, I ordered it to be pitched up to wait for the cooper, in the mean time I was informed the prisoner had stole some sugar; the sugar was brought to me, but he had run away; in about an hour he came again, and I charged a constable with him.

BENJAMIN CHANT sworn.

I am a watchman on the Keys: I saw the prisoner take the sugar out of the hogshead, and told Mr. Howard of it, and he pursued him and took him.

BARNABAS LINTON sworn.

Mr. Swainson gave me charge of the prisoner, and this sugar. (producing it.)

SIMON HOWARD sworn.

Chant informed me, the prisoner had taken some sugar, I pursued him, and took it from him under the gateway; we had a tussle before I got it from him; I delivered it to Mr. Swainson.

[The sugar was deposed to by Swainson.]

PRISONER's DEFENCE.

A man gave me the sugar to take to the Coopers Arms for him.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-32

652. JOHN GRIFFITH was indicted for stealing a pair of men's leather shoes, value 10 d. the property of Thomas Snell Fisher , August 20th .

[The prosecutor and his witnesses were called, but not appearing, the Court ordered their recognizances to be estreated.]

NOT GUILTY .

Reference Number: t17760911-33

653, 654. JAMES RICHARDSON and HENRY MADDOX were indicted for stealing a pair of women's stuff shoes, value 3 s. the property of George Briggs , August 12th .

GEORGE BRIGGS sworn.

I keep a shoe warehouse in Bishopsgate-street : in the evening of the 12th of August I missed a pair of shoes off a line in the shop; I saw them about an hour before.

SARAH BRIGGS sworn.

I am sister to the prosecutor: on the 12th of August I was alone, about nine at night the prisoner came and wanted to look at some shoes; as I was serving Richardson, I saw Maddox take a pair of shoes off the line and run away; I cried, stop thief; and Richardson was taken, but Maddox was not taken till the next night; I charged Richardson as being in company with him; we never recovered the shoes; I am positive I saw Maddox take them.

WILLIAM HAWKINS sworn.

I live next door to the prosecutor: on the 12th of August, a little before nine at night, as I was sitting in my shop, a neighbour informed me that a couple of lads were lurking about the door; I went out and saw the prisoners go into Mr. Briggs's shop; I watched them; Richardson sat down in the chair and was trying shoes on; while Mrs. Briggs was attending on him, I saw the other take a pair off the line and run off with them, immediately I went into the shop, and Richardson was secured.

The prisoners said nothing in their defence.

RICHARDSON NOT GUILTY .

MADDOX GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-34

655. EDWARD LYNCH was indicted for stealing a silk and worsted handkerchief, value 10 d. the property of Robert Reeve , August 9th .

ROBERT REEVE sworn.

On Friday the ninth of August, about nine at night, as I was going along the street, the prisoner came by the side of me and slipped the handkerchief out of my pocket; I caught hold of him, and he threw it to another man; I had used it not above two minutes before; the other man made off with the handkerchief: I have never recovered it.

JOHN HALL sworn.

I am a constable: I was charged with the prisoner; going down Threadneedle street, he drew a knife upon the prosecutor, upon which I seized him and he made a stroke at me with it.

The prisoner said nothing in his defence.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-35

656. WILLIAM BROWN was indicted for stealing fourteen pair of yarn stockings, value 8 s. the property of Burkit Fenn , July 13th .

JOHN IVES sworn.

I am servant to Mr. Burkit Fenn, an hosier in Cornhill : on the 13th of July, about eight in the morning, I was in the compting-house which is backwards, I had shut the shop-door about ten minutes before; I happened to look forwards and saw the door open, but did not see any body, there was a truss of goods stood between him and me; I looked and saw his head stooping down; he had this bag (producing it) and the hose in his hand, I took them out of his hand and brought them indoors; while I went to alarm some of the family, he ran away and got clear off; about the Wednesday or Thursday following he was taken: I am certain he is the man, he was in the shop with me five or ten minutes; I made such observation of his person that I can swear to him.

PRISONER's DEFENCE.

I was at my brother's over night, I was just come from on board a man of war, which my brother could prove, if he was here.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-36

657. HANNAH FITT was indicted for stealing an earthen dish, value 3 d. a baked shoulder of lamb, and a batter pudding, value 2 s. 6 d. the property of John Powell , July 14th .

JOHN POWELL sworn.

I am a baker : on the 14th of July the prisoner came down into my bakehouse, I suspected her as she was a stranger; I drew a shoulder of lamb and a pudding out of the oven, I told my man and boy that that was Croswell's; we put a little piece of paper on the dish with the name of the person it belongs to; my man put it upon his board in order to carry it home; while he was getting another dish to take with it, the prisoner took it from his board and went away with it: I saw her carry something out, but I could not tell what; my boy followed her up stairs, but she got off with it: the next morning, about half after seven o'clock, I sent my boy out with some bread, he very soon after returned, and said, here is the woman that stole the meat; she went to a public-house, I offered a man sixpence to watch where she went, and I had her secured.

JOHN JONES sworn.

I am servant to the prosecutor: the prisoner came to our bakehouse and asked my master for her meat; he asked her what sort of a dish it was in, she said a reddish one; she was there near 20 minutes before we began to draw; when we began to draw the bakehouse was full of people; my master drew that dish, I took it from him and put it upon the board; while I was going for another dish she took that away; I followed her up stairs soon after, but she was gone: I saw her next morning and informed my master of it.

JOSEPH SHAW sworn.

I am a constable: I apprehended the prisoner upon Monday morning about eight o'clock; I went home with her into Pitt-street, and in the closet there stood a brown dish, with part of the shoulder of lamb and part of a pudding; I took the dish out of the cupboard, with the meat and pudding in it, she took it under her cloak and went down stairs before me; I took her to my house and sent for the prosecutor; he said, that is the dish and meat and pudding that I lost.

[The dish was produced in court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

On Sunday the 14th of July, I carried a leg of mutton in that dish to bake; I took a round jack towel with it, which I left with the prosecutor's wife; a young woman gave it me when I went to fetch my meat; he took it out and asked me if it was mine, I said, yes, I believe so; the boy said, there it is: I took it up stairs, set it down upon the compter, paid the woman for it, and went home with it.

To the Prosecutor. Did you take any thing in to bake for her that day? - No; and my wife declared she did not take in any thing.

GUILTY of stealing to the value of ten pence . W .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-37

658. WILLIAM HENLEY was indicted for stealing a linen gown, value 7 s. the property of Thomas Hayward , September 2d .

THOMAS HAYWARD sworn.

I lost a linen gown of my daughter's on the 2d of September.

JAMES MILES sworn.

I saw a boy take a linen gown from Mr. Hayward's and give it to the prisoner; I was in my father's house which is opposite; I ran down stairs and informed Mr. Hayward of it immediately; the gown has never been found: I had seen them several times before, but did not know their names; the boy got in at the window which was open; it was about five o'clock in the evening; I was in the two pair of stairs room; they were in the court half an hour before they took the gown; I was looking out at the window and saw the prisoner attempt to get in at the window, but he could not reach the gown.

What are you? - A jeweller: I thought they were not at any thing good, and therefore I looked at them; this was on the Monday, on the Thursday following I was going through Smithfield and saw the prisoner, and had him secured.

PRISONER's DEFENCE.

On Monday or Tuesday I went out to take a walk, I heard a cry of Where is he, where is he? I followed them, and at last the boy said it was me, and had me stopped.

GUILTY of stealing to the value of 10 d. W .

Tried by the Second Middlesex Jury before Mr. Baron PERRYN.

Reference Number: t17760911-38

659. THOMAS MORETON was indicted for stealing thirty-four yards of silk called sattin, value 12 l. and fifty-four ells of silk called lutestring, value 8 l. the property of Solomon Hesso in his dwelling house , July 28th .

There was no evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-39

660. JOHN PAUL was indicted for stealing a sattin cloak, value 10 s. the property of Mary Barber , August 23d .

MARY BARBER sworn.

As I was going through Grub-street on the 23d of August, at about a quarter after nine o'clock, the prisoner and another young man came behind me and pulled my cloak off; one ran towards Bishopsgate-street, the other ran the contrary way; I am certain the prisoner was one of them: I cried, stop thief, and the prisoner was taken. I never got my cloak again; I heard them say something to one another just before they took my cloak.

ELIZABETH BUCKMASTER sworn.

I saw the prisoner and another young man go down the street a little after nine o'clock, I did not see which took the cloak, I stood at the corner of the street; this was a good way down; I did not see the cloak taken at all.

PRISONER's DEFENCE.

I was going home from work, two men laid hold of me, and said I had stole a cloak.

The prisoner called four witnesses, who gave her a good character.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-40

661. EDWARD GARDINER was indicted for that he, with both his hands and feet, feloniously, wilfully, and of his malice aforethought did cast and throw one William Shields to and against the ground, and with both his hands and feet did strike, beat, and kick the said William in and upon the head, stomach, back, and sides, whereby the said William received several mortal bruises in and upon his head, stomach, &c. of which he instantly died , July 28th .

'He likewise stood charged with manslaughter

'on the coroner's inquisition.'

It appeared upon the evidence, that the prisoner and the deceased were both in liquor, and fought with their fists, but there was no evidence of malice.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-41

662, 663. WILLIAM KNOWLAND and WILLIAM GRAY were indicted for burglariously breaking and entering the dwelling house of James Waller , Esq; on the 20th of August, about the hour of one in the night, and stealing a pair of silver salts, value 40 s. a silver pint mug, value 40 s. two silver sauce spoons, value 20 s. a silver soup ladle, value 20 s. a silver marrow spoon, value 10 s. twenty-one silver table spoons, value 10 l. twelve silver desert spoons, value 5 l. a silver cup, value 40 s. a silver saucepan, value 40 s. a silver coffee-pot, value 5 l. a silver stand and lamp, value 30 s. a pint silver mug, value 40 s. a cruet stand, value 40 s. a sugar caster, value 20 s. two silver pepper casters, value 40 s. a silver candlestick, value 10 s. and another silver salt, value 10 s. the property of the said James in his dwelling house .

JAMES WALLER , Esq ; sworn.

I live in Great Queen-street, Lincoln's Inn Fields : on the 20th of August last, when I got up in the morning about six o'clock, I was informed by my servants that the house had been broke open, and a great deal of plate stolen; I have read over the articles contained in the indictment; I lost all those things.

JOHN BARKER sworn.

I am a servant to Mr. Waller, and have the care of his plate: I made the house fast over night; we went to bed between ten and eleven; I got up at half an hour past five o'clock, I found the locks broke and the doors all open; it appeared they had got in at the window in the area facing the street by breaking a pane of glass; that window came into an old kitchen, then they broke open another door and got into the back kitchen, and from thence they had free access to the rest of the house.

Was the parlour door locked? - No.

Have you seen the list of the things mentioned in the indictment? - Yes; they were all lost out of my master's house.

To Mr. WALLER. What was the value of what you lost? - They are put at less than their value in the indictment.

ROBERT NIGHTINGAL sworn.

I am a servant to Mr. Waller: on the 20th of August last I was informed by my fellow servant that the house had been broke open.

What time was you up? - Between five and six.

It must then have been day-light for some time? - Yes; my fellow servant had not been down then; I went down and found they had got in at the back kitchen window; it appeared to me that they had broke a pane of glass, then they unscrewed the window and let it down, and then they undid the inside shutter; there was a candle in the hall by the clock that I had left in the pantry.

JURY. Do you think they had made use of that? - They had, it was removed into the hall.

How much of the candle appeared to have been burnt after you left it? - I take it, about two inches.

JOHN BROOKSBY sworn.

I am a constable of St. Andrew, Holborn: on the 20th of August it was my night to sit up as officer of the night; at about three o'clock, Gilbert Stevens , Benjamin Lisson , and one Morris Swiney told me, they had taken a man that had stole some plate: they had secured Knowland, Knowland threw his bundle away from him, and he ran away; that then Swiney immediately seized him, and Stevens and Lisson came to his assistance; in the interim Knowland defended himself with a pint mug, which he cut Swiney the watchman over the forehead with; upon this, when they told me that there was another that threw away the bundle, and having this pint mug, I desired Stevens and Swiney and Lisson to do their endeavour to take Gray; I told them not to take so great regard of the bundle, but particularly first to try to get the man, expecting that the man would come to that bundle himself, which was the case: he was coming to that bundle again, and then they took him to the watch-house. While they were taking Gray I searched Knowland; in his pocket I found the plate which was first produced, excepting the pint mug, that was not in his pocket; he had a knife, and a tobacco box with tinder in it, afterwards a bag was brought in, in which there were other quantities of plate, and a dark lantern found by the watchman; then the bag was brought and I likewise examined this Gray; they were sealed up before the justice and they have never been unsealed since; this dark lantern, (producing it) was found by the watchman in the

street; this tobacco box (producing it) which has tinder in it, was found in Knowland's pocket; Knowland had that plate in his pocket; this was in the bag which I was told Gray threw from him; I was not present.

MORRIS SWINEY sworn.

I am a watchman: I watch at Baldwin's Gardens; at three o'clock it was my hour to go off the watch; I came through Tash Street out of Baldwin's Gardens into Gray's Inn Lane; I came some distance down Gray's Inn Lane, facing almost Gray's Inn Gate; I saw Gray pass by me, to the best of my opinion, he is the man, he had a bundle under his left arm; I thought to give him the wall, but he would go of the outside of me, I supposed that I might not see his bundle; seeing him at that time of the morning, I was very suspicious of him, I turned round upon my heel to look at him, and he turned round to look at me; he stood there, and I went down to the corner of Spread Eagle Court, I stood there about two minutes, and saw Knowland go across the way facing a court called Bell Court, opposite the rails; Knowland threw down or laid down a bundle, and kicked it, it intangled with his foot or his hand; he came across from there again to the foot path; I hid my lantern coming to the corner of Spread Eagle Court; as soon as I saw him coming out with a bulk in his pocket, I seized him on the breast, then he struck me with that pint pot; he knocked me off the way into the channel, but did not knock me down; I kept hold of him, then I turned my rattle and made as much haste as possibly I could; he made several turns to twist from me, but he could not get from me till we came to a place called Fox Court; turning the corner of Fox Court shortly, I gave him a blow with my staff, he staggered, and seeing he could not readily get from me, he turned about and took up a handful of the spoons, which are there, and threw them at me; I had not hold of him then, he staggered, and ran on again; I did not wait to look at the spoons, I followed him closely then, and going out of the narrow passage, there is a bit of a cross going out of Gravel Street into this Fox Court, and he turned round and threw the pint pot at me that he had in his hand; then he ran towards Brook's Market; Gilbert Stevens was coming out of White-hart Yard calling the hour; he seeing Stevens, turned back again short upon me; he went across the way for about ten yards, and then stood close up to a door; he was putting his hands in his pockets, I ran in upon him, and took hold of him; upon that, Stevens came up, then he said, Don't use any violence, I will go very quietly with you; he was striving to throw the rest of the spoons out of his pocket, but we would not let him: a watchman in Middle Row hearing the rattle, came into Fox Court, and as we went back with the prisoner, we picked up the pint pot and the spoons that lay on the ground and brought them to the watch-house, the remainder of the plate that he did not throw away, was taken out of his pocket in the watch-house; there is another bundle, said I to Mr. Brooks by the constable, that is not taken up yet; we hastened to the place where I thought I should find them, and they found it; when I came from the watch-house, I met Gray a coming over along the road where these things were lost; this was after the bundle was taken up; he was about twenty yards from the place where the bundle was taken up at; as soon as I came near him, I said to the patrols, That is the man that passed me with the first bundle; they laid hold of him, this was near four o'clock; he said he could prove where he lay the last night, he said it was in Bloomsbury; we took him to the watch-house, the constable asked him several questions, but he would give no satisfactory answer; he asked him where he lived in Bloomsbury, but he would not tell.

JURY. Are you sure that the bundle you see here, is the bundle that he had under his arm? - No, I cannot be positive as to him; Gray was searched, but nothing remarkable was found upon him; Knowland was taken down to Bridewell before Gray came up.

GILBERT STEVENS sworn.

I am a watchman: I was present at the taking of Knowland.

You have heard the account Swiney has given, is all true that he has said of what passed after you came up? - Yes, every word; I picked up the pint pot in the narrow passage.

BENJAMIN LISSON sworn.

I am a watchman: I heard Swiney give the rattle, I answered it, and went into Fox Court; they said they had secured the man, and sent me back to pick up the plate; I took my

lantern and picked up all the spoons; I saw him take two or three out and throw them down; then they would not let him put his hand into his pocket any more.

ROBERT DURHAM sworn.

I am one of the patrols: I was coming down Holborn and met Morris, Swiney, and Stevens with the prisoner Knowland; I went up to the watch-house with them, and saw a quantity of plate taken out of his pocket; Swiney said, there was another man that was in company with him that had a large bundle under his arm; we were ordered down Gray's Inn Lane in pursuit of him, I picked up the bundle a little way from Gray's Inn Gate in Gray's Inn Lane; there was a great quantity of plate in a bag, I carried it to the watch-house; the constable examined it, and it proved to be the same arms upon it with that taken out of Knowland's pocket.

JOHN REID sworn.

I was with Durham at the same time; I can say no more than he has said.

ROBERT TILLEY sworn.

I am a watchman in Gray's Inn Lane; after I had called the hour of three, I picked up this cutlass, this salt, and a dark lantern, (producing them.)

KNOWLAND's DEFENCE.

I sat drinking with an acquaintance late at night; coming down Gray's Inn Lane I saw two men on the other side of the way; I stop, presently they went away; I crossed over directly, and there I found these things; I am a coachman .

GRAY's DEFENCE.

I lodged in Gilbert Court, Bloomsbury, with one Mr. Jones; I was up early in the morning, and about three o'clock, I had been very unwell for several days, coming along the watchmen laid hold of me, and asked me where I was going? I said, into Holborn, into the Fleet Market, to buy some flowers.

[The several pieces of plate were produced in Court, and deposed to by the prosecutor.]

WALTER BUTLER sworn.

On the 20th of August, going through Gray's Inn Lane at near four in the morning, I had the watchman belonging to that beat along with me, I am one of the patrole; very near Tash Street we met the prisoner Gray; we looked at him, and he looked at us, the watchman said, that was the man that had the bundle or bag under his arm, that went away when he apprehended Knowland; I said, if he was sure of that, we would take him in custody; I asked him where he lodged? he said, in Bloomsbury; when we took him to the watch-house, the constable examined him, and asked him where he lodged in Bloomsbury? he said, he would tell that when he came before the Justice; when he came before the Justice, he told the place where he lodged, and the constable and I went; I think he said it was Gilbert Court, he mentioned the man's name, I think it was Jones, and described particularly the house; the constable and I went there, and the constable made all the enquiry he could, we found no such person lodged there; he was taken about half an hour after Swiney had taken Knowland.

Another Witness. It was about two hundred yards further up the street from where Knowland was taken that we took Gray; and in two or three yards of that spot we found the cutlass, salt, and dark lantern.

You did not hear any thing drop? - No.

JURY. How long after Gray was taken was it that these things were found? - About half an hour.

KNOWLAND GUILTY . Death .

GRAY NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-42

664, 665. ROBERT HARLEY and EDWARD GEORGE were indicted for that they, with certain clubs and sticks, feloniously, wilfully, and of their malice aforethought did strike and beat Joseph Pierson in and upon his head, face, arms, back, stomach, belly, side, and legs, thereby giving him several mortal bruises in and upon his said head, face, &c. of which he languished from the 12th of April until the 10th of May, and then died .

WILLIAM ANCHOR sworn.

You are employed in collecting his majesty's customs? - Yes.

Did you know Joseph Pierson ? - Vastly well, he was a custom-house officer ; I was with him

when the affair first happened; it was about one in the morning of the 12th of April last; we were upon Deptford road with an intent of seizing some smuggled goods; there were besides William Bacon and Richard Burr ; we went to the turnpike the upper part of Deptford road, waiting for the smugglers that we expected with the run goods; two men that appeared to be in liquor came, one of them cried, Halloo, what are you? I said, I was tollman, that night, How many are there of you? said they; Pierson replied, what is that to you, we have nothing to do with you, go about your business? they passed on through the turnpike, and then they gave three loud whistles or halloos.

Did they halloo or whistle? - What they call the war-hoop, I believe it is, and they halloo'd; then we went the road that leads towards Blackheath, expecting to meet the party coming down with the goods, a man followed us when he came up to the top of the road, one part of which leads to Lewesham, the other to Deptford; he turned to the right, and there gave two or three whistles more, that was the Lewesham road; he waited there for two or three minutes, and then returned and went up towards Blackheath; Burr, Bacon, Pierson, and I turned to the right, which leads to Lewesham, and from thence we turned round to Blackheath, and came back to the same place again; then we turned to the left to go to Deptford Lower Town; after which we came all the way up the road that leads from Greenwich to the turnpike; we waited there a little while and two men came up to the turnpike; they stood talking there about ten minutes, saying, Who are you, and how many are there of you? and such like; we told them it did not signify to them how many there were of us, we wanted nothing of them, they might go about their business; they said some rough words, I cannot recollect particularly what, and then went the space of forty or fifty yards from us; we followed and went down to Deptford Broadway , the place we were at first at; we lost sight of them; we waited there about twenty minutes; by-and-by a parcel of men came past to the number of eight or nine or thereabouts; two of the hindermost went and set their backs up against a butcher's shop, which was nigh hand in the Broadway; Pierson and I went over to the watchman that was on the opposite part of the way, and asked him who those people were that were passing; we did not see the men that stopped at the time they crossed the way, it was very dark; the watchman said that they were riggers, and that they came from Woolwich; we crossed the way to our companions, and waited there, I believe, for about twenty minutes or half an hour; when we returned we saw the men at the butcher's shop; one of them that is executed was one, the other is now at the bar; in about twenty minutes about twelve or fourteen came up, all armed with sticks and bludgeons, and said, B - t you, who are you all, what are you, and what do you do here? they knocked Mr. Bacon down first, then they knocked down Mr. Burr; we were all surrounded; Pierson and I went over towards the watchman again, thinking to get assistance; the watchman immediately took his lantern from the nail it hung upon, and walked away towards the partie and spoke to them; they asked us, what business we had there, b - t you, you are come to rob a man of his property? they continued to surround us; I told them to keep off or I would shoot them; they drew all up into a company together at about twenty yards from us; the deceased said, I am well acquainted with Deptford, follow me, I will go to the watch-house, I said with all my heart; I followed him; they kept following us, crying, B - t them, here are two of them, let us sacrifice them: then Pierson and I ran towards the watch-house, they ran after us; we made many halts and told them to keep back, or that we would shoot them if they made any attempt upon us; we ran down the road that leads towards Deptford Green; there are chains at the alms-house, I ran against the chain; Pierson was on the opposite side, he kept right strait on; one of them seeing me run against the chain, struck me a blow on my back with a stick or bludgeon; I got under the chain and ran on towards the top of the green near the old church, and Pierson kept running on; when we came to the old church, he said to me, I have missed my

turning; I thought to have turned down Flaggon-row.

Which way does that lead? - Towards the turnpike, where the watch-house is; he said, but never mind it, come along; they kept very nigh us, we told them to keep back or we would shoot them; Pierson ran between the posts and the houses on the left hand side upon Deptford Green which leads down to Deptford Lower Water-gate; I kept in the middle of the green; he kept calling to me, come along; I said, here I come, my boy, for G - d's sake don't run so; he took the second turning that is on the right side, which leads into Hughes's field: he turned in there, they cried out, B - t them, here they are, let's sacrifice them: I heard Pierson cry out, O dear, one or two of the party followed him; there were five of them came down the green after me; I kept strait on, but I heard his voice.

How soon after? - When I heard him cry out O dear; I lost sight of him when he cried out, that was as he turned round the corner; he was then in the same part as I was; he went in between the posts and the houses, I was in the middle of the green on the other side of the rail, I was speaking to him at that time; he was then about twenty yards from me, I believe; I made the best of my way towards the green; they followed me, I ran under the chain; when I came to the corner two of them came and said, B - t them, here they are, just turned the corner, let's follow them: I got away, I did not see Pierson again till about two hours after; he was then going into a boat; he had many cuts in his head, his left arm was broke, and his legs much bruised; his left ear was cut in two, and he was all over blood.

Had you all pistols? - I had a brace of pistols, and he had one.

JURY. Did you see either of the prisoners strike the deceased? - No.

WILLIAM BACON sworn.

You were one of the custom-house officers that went out upon this 11th of April at night in search of smuggled goods? - I was.

Pierson the deceased was likewise another custom-house officer with you upon the same business? - He was.

There was likewise Burr and Anchor with you? - Yes.

Then you four went upon some information you had to find some smuggled goods? - Yes.

Did you meet upon the road any persons that attacked you? - Yes; about twelve or fourteen; we were all together, I received the first blow with a stick or bludgeon upon my forehead, which knocked me down; I got up again and ran the way they ran; I was intermixed with these people and obliged to go the way they went; I saw no more of the deceased till I saw him in the London Hospital.

JOHN ROLFE sworn.

Do you know the prisoners at the bar? - Yes, I know them both.

Do you remember being at Deptford in April last, the night that Pierson was killed? - Yes; I met five or six of them between three and four in the morning at the Tidemill.

How far is that from a place called Hughes's field? - About half a mile.

Who were the men you met? - The two prisoners were in company with them when I met them.

Was Gypsy George one? - Yes, he was.

Was Samuel Whiting in that company? - Yes.

Was one Thomas Henman there? - He was, and the two Harleys.

You know these men? - Yes.

And are certain they were all there? - Yes.

Had you any conversation with them? - They asked me where I had been to; I said to the Broadway to get some Gin, but there was nobody up; Gypsy George said, if we would go along with him, we should have some Gin; we went home to his house.

Who was with you at that time? - Greenrod; we all went to Gypsy George 's house; he gave us two drams all round; he gave all of them half a crown a-piece.

Did he give to the two prisoners half a crown? - They had, I believe, half a crown; I did not see what it was, but Gypsy George said it was half a crown a-piece.

Do you know whether there was any difference in the money given, was there

more to one man than the rest? - Yes, Henman had 3 s. we had a glass before and a glass a-piece after the money was given them.

After you had drank the second glass was any thing said by Gypsy George ? - He said, Go down the town, and pick up the dead.

Were the two prisoners there at that time? - They were.

What time of the day was this? - Between three and four.

COURT. When this half crown a piece was given to these men, did Gypsy George say any thing at that time? - He did not say any thing when he gave the money, only when we came out; he said that after we came out of doors.

He did not give you or Greenrod half a crown? - No, we had no money at all.

Name them again? - The two Harleys and Henman, Ned George , and Whiting.

JURY. Was any thing particular said to the man that received the 3 s.? - No.

Cross Examination.

You thought there was no harm in drinking Gin there, I suppose, or else you would not have gone? - No, we were neighbours.

When did you speak of this? - Not before they were taken up.

Is it not strange, if you heard Gypsy George bid people go and pick up the dead, that you should not speak of it? - I did not know what it meant.

When did you first mention it? - A month after.

Was it after or before the man died that you mentioned it? - Four or five days after he died.

Did not you at the same time make application to the prisoner George, and say, if he was any ways culpable in this business to confess it? - Yes, we spoke to him before we spoke to Whiting.

Had you not some authority to say that he should be admitted an evidence? - No; but I advised him to confess if he was at all guilty.

And he persisted in his innocence? - He said he was innocent of the affair.

I believe both the prisoners remained in their business after this, till they were taken up? - I believe so.

Counsel for the Crown. T he deceased died, I think, in May; what has become of the two prisoners from that time to the present? - They have been out of the way, I believe; I have not seen them a good while.

They have not lived at home from that time to this? - No.

Counsel for the Crown. They were taken up at Portsmouth in their flight since the last sessions? - Yes.

Counsel for the Prisoner. My question was, whether they did not remain at their place of abode a long time after the fact happened? - Yes.

Counsel for the Prisoner. How long after they spoke of picking up the dead, was it that you saw them backwards and forwards in their business? - Some time; but I did not see them after the man died.

Counsel for the Crown. You remember Whiting making an information at justice Sherwood's? - Yes.

Did you ever see the men at home after Whiting made that information? - Not to the best of my knowledge.

JAMES GREENROD sworn.

When you was in company with Rolfe the night Pierson was beat at a little after three o'clock by the Tide-mill, which comes out of the Broadway, who did you meet with? - Six men just by the Tide-mill, Robert Harley , Benjamin Harley , Edward George , Gypsy George , Samuel Whiting , and Thomas Henman ; they asked us where we had been; we told them we had been in the Broadway to see if any body was up, that we might get some Gin, but found nobody up there; Gypsy George said, if you will come along with me, I will give you some Gin; we all eight went to his house, he opened the door, took out the bottle, and gave us a glass of Gin a piece; then he put his hand into his pocket, and said, Where are my men? he gave have half a crown a piece to four men, and he gave 3 s. to Thomas Henman : when we were going out of the house he said, will you have another glass? he gave us a second glass; as we were all coming out

of doors, he said, Go down town and pick up the dead.

JURY. How do you know it was half-a crown a piece he gave to the parties? - I saw the money paid.

Did you know these men before? - I was bred and born in the same place they were; they were all people of Deptford, except Gypsy George , and he has been about there for these last eighteen years.

JURY. What are the prisoners? - They worked along with us as coal-porters, and at any labouring work; I never knew any harm of them.

JURY. Did not you ask Gypsy George the reason of making use of that expression, Pick up the dead? - No.

Nor did not you, upon your oath, ask either of the parties what they had been about? - No.

Cross Examination.

Did not you think it extraordinary that Gypsy George should give them half a crown a-piece and bid them Go down town and pick up the dead? - I did not know what it was for.

SAMUEL WHITING sworn.

Do you know the prisoners at the bar? - Yes.

How long have you known them? - We were all children brought up together.

How old are you? - About thirty-six or thirty-seven.

You did not know Joseph Pierson ? - No, I did not know him till after the affair.

You remember the time of his being wounded in April last? - I believe it was in April, it was a little better than four months ago; Edward George , the prisoner at the bar, came to my house about ten o'clock at night, and told my wife that he wanted me at the King's Head; I went down to the King's Head; I met the landlord of the house there, I don't know his name, he said they were in the stable; I went there and found Edward George , Robert Harley , Benjamin Harley , Thomas Henman , and Gypsy George , and some more smugglers that I did not know; they were standing in the stable with sticks in their hands, ash sticks with large knobs to them (several sticks produced with exceedingly large knobs to them) they were such sticks as these.

Had you a stick? - Yes, one that I carried with me.

Had they any goods with them? - No, they had a tea bag which Gypsy George was lying up; it was stuffed with hay and straw; he tied it up for one of these parties to carry at his back.

What sort of a thing is what you call a tea bag? - He said, when the officers seized that bag, that the man was to carry at his back, the rest were to fall upon them and beat them; after he had tied the bag up, he went out of the stable to the King's Head, and fetched a quart bottle of Gin, and gave it to them to drink; they all drank round, and then gave it to me; they staid in the stable about an hour and a quarter; when Gypsy George thought it would be likely to meet with these officers, he said, when it was about eleven or a quarter after, Come, it is time, let us go, he unlocked the stable-door, and said, Come, my lads, follow me.

Did he say any thing of the purpose he was going upon? - No, no further than I tell you now.

Were the two prisoners by? - Yes, and others; there was one Long George, a butcher, and other smugglers whom I did not know; there were, I am sure, ten of us in the whole; we went into Church Street, Gypsy George was first, and the other smugglers, that I did not know, along with him, and we followed them; Gypsy George , and the rest of them, searched all up Church Street for those custom-house officers.

Was there any talk of meeting custom-house officers except what you have said just now about this bag of straw? - Not then, there were some old houses that were pulling down, and some new houses that are building, the doors were open, and we searched all about there; when we came to the Broadway, we waited about till about one o'clock, then Gypsy Georgesaid, It is too late to do any thing to night, we will go home and have a dram, and part; we went to his house; two men who belonged to a party of smugglers that were coming into town came, as soon as they tapped at the window, he let them in; we were about to part, they said, Gypsy George , we want some men; Gypsy George told them, that there

were men enough; he gave them a glass of Gin a-piece; and then Gypsy George, Benjamin Harley , Thomas Henman , Edward George , Robert Harley , Samuel Whiting , Long George the butcher, and the smugglers who were strangers, went out; we followed them, we all went together to the place where the two men said they had seen them over Deptford Bridge by the turnpike that leads to Blackheath; these two men said that the partie of smugglers which they belonged to was coming into town; when we came to the turnpike, we divided into two parties, one went towards Blackheath, the other towards Greenwich; I was of that partie which went towards Greenwich; we came back again to the turnpike, and waited till the other partie came round the lane to us; then we all came back together over Deptford Bridge, and all went down Church Street except two, who stopped behind; they came down to us afterwards, and told us that they had seen the four officers stand under the butcher's shambles at the top of the street.

Who were those two? - I do not recollect; the butcher's shambles were just at the top of Church Street, opposite where the watchman used to stand, but he was crying his hour; the other partie of smugglers went down town, Gypsy George stood by the Tide-mill in Church Street, while the other partie went down; I was with Gypsy George , we went to the butcher's shambles; Gypsy George said, Here are six of us, and there are but four of them; we are enough of us to beat them.

Who were the six? - The two Harleys, Edward George , myself, Thomas Henman , and Gypsy George ; he went towards them, and we all followed him; Gypsy George made a loud alarm, he halloo'd like some of your Irishmen, and then he knocked one of them down.

What time of the night was this? - About two o'clock; the others ran away, Gypsy George pursued them, and all his company followed him; he lost the other officers at Budd Lane, then he turned back again through the Broadway, till he came to Church Street; as he was going down the street, we heard some of the other partie of smugglers halloo; he said, Come along, there they are now; he went down the street till he came to the bottom near the old church, there he heard them halloo again, and he took down Hughes's-field.

Was there only one man knocked down in the Broadway? - Only one, that I saw.

JURY. Did Gypsy George , when he gave that first signal upon finding the officers, halloo or whistle? - He halloo'd; it was the two men by the turnpike that whistled; when he came to the bottom of Hughes's field, he saw the deceased, he ran and seized him by the collar.

Was you there? - I was.

Who else? - Gypsy George , the two prisoners, Benjamin Harley , and Henman; Gypsy George seized Pierson with his left hand by the collar: he had a pistol in his hand; Gypsy George told him when he seized him by his collar, that if he did not tell his name, he would take his knife out of his pocket and cut his throat: I heard Pierson say that his name was Pearce or Pierson, or some name like that; Gypsy George knocked him down with his stick, then we all hit him with our sticks that we had in our hands.

How long did you beat him? - Gypsy George kept beating him about ten minutes or a quarter of an hour; the others did not hit him above one blow a-piece.

Did the two prisoners among the rest strike him? - Yes.

Did the man cry out, or make any lamentation? - Yes, he did.

And all this while the two prisoners were with you? - Yes.

What part of the body did they hit him on? - Somewhere about the shoulder, or thereabouts; we begged of Gypsy George not to beat him any more, but we were afraid to prevent Gypsy George , left the other smugglers should come up and use us ill; Benjamin Harley , and Robert Harley , and myself, begged of him not to beat him any more.

After this did you leave the man? - We left him, and came away about forty or fifty yards; then Gypsy George said, He had not given him enough, he would go back and give him some more; Gypsy George went back, and we all followed him; Pierson had moved several yards towards some of the pallisadoes; Gypsy George heard him groan, and he gave him several more violent blows: after Gypsy George had himself hit him several

more blows, upon his return, he said to us, Give him a blow a-piece for me; some of them did hit him, but whether they all did, I cannot say.

Upon your oath did the prisoners at the bar strike him? - I cannot say upon my oath whether they hit him again or not.

Did you go up to him? - Yes.

Did you give him another blow? - No; Benjamin Harley and Henman gave him a blow each, I gave him none, and whether the prisoner did or no, I cannot say.

Counsel. I will read to you what you said on your evidence upon the last trial.

"Did Pierson say any thing more? - He cried

"and groaned; Gypsy George said, Come up,

"my men, and hit him a blow a-piece for me."

"Were any more blows given by any body?

"- They struck him again."

"After Gypsy George had been back and

"given him these violent blows, they accordingly

"did give him a blow a-piece *."

* Vide Number V. Part II. P. 272.

After Gypsy George had said come along, give him another blow for me, and you all followed him back again; who then struck the man? - Gypsy George and Benjamin Harley hit him several violent blows, and Thomas Henman ; I saw them hit him; I was in a narrow place; these men had their sticks up, I saw them let their sticks down, but whether they hit him, or not, I cannot say; I cannot tell whether they light upon the deceased, or no.

Did the prisoner stay by all the while Gypsy George beat him? - Yes.

After they had done beating him, they came up Hughes's Fields and up Church Street as far as the Broadway, Deptford; then Gypsy George bid Long George the butcher go down the town, and pick up the dead.

Where was that expression made use of? - Both in the Broadway and in Gypsy George 's house in Mill Lane, which is just by.

Do you remember any company coming to you at Gypsy George 's? - Only Rolfe and Greenrod; we met them in the Broadway, and Long George the butcher; we had a parting glass of Gin at Gypsy George 's; and as we were coming out, Gypsy George said to Long George the butcher, D - n your eyes, go down town and pick up your dead.

Was you present at the distribution of any money by Gypsy George ? - Yes.

Where was that? - In his house he gave to Benjamin Harley , Robert Harley , to Edward George , and myself, half a crown each; he gave three shillings to Henman.

Did he say what it was for? - No.

Had you bargained before for any Money? - No.

When did you make a discovery of this matter? - As soon as I heard that the man was dead, I surrendered myself up to an officer.

Cross Examination.

You know you are sworn to speak the truth? - Yes, I have done so.

It is true then that you are a person concerned in murdering this man? - Yes.

It is likewise true that Gypsy George had a bag stuffed with hay and straw at the stable of the publick house? - Yes.

Is it likewise true that Gypsy George said, it was time, after you had been there an hour and a half, to meet with the officers and beat them? - Yes.

And is it likewise true that he said to the officer, that if he would not tell what his name was he would cut his throat? - It is true.

And it is likewise true that he bid Butcher George go and pick up the dead before he went into the house? - Yes.

How came it then, if all these things were true, that you did not give evidence of them upon the last trial? - I gave evidence to all that I knew; they asked me if that was the truth that I had spoke, I said it was; what I have said is as nigh every word as it was before, as I can think, and it is the truth and nothing else.

Do you know one John Corne ? - There is a prisoner of that name.

And you was at prison there at the same time? - Yes.

Did not you say to him that Edward George was entirely innocent? - I never mentioned any such word.

COURT. Who took this tea bag? - Gypsy George afterwards said there was no signification for it, he could do without it.

JOHN DICEY sworn.

I am a watchman at Deptford.

Did you know Joseph Pierson ? - I did not know him, but I have seen the man: I live at the bottom of Hughes's field; I heard a great noise of beating some body, and a man crying out and begging for his life; I could hear the blows; it was about a quarter before three o'clock. I first heard them hallooing out; making a terrible noise, then I heard a man cry terribly, Oh! oh! oh! they went past my door, and came down towards my door again; I ran naked into the street; I came up to the people as they were beating the man; I cried out, You villains, are you going to murder the man? they ran away immediately and left him; I came up within about 10 or 12 yards of him before they quitted him, but it was so dark I could not see how many there were of them; I saw the man lying upon the ground; I asked him what he was, he said he was an officer; I asked him how he could venture in the town by himself where there were such a set of people that would murder him, or any body else they could come athwart; he said, there were three more besides himself, and he was afraid they had all shared the same fate. I passed him and went on to see if I could discover any body, but I could not; he was afterwards brought into my house; he was most terribly beat and bruised.

BARBARA DUDLEY sworn.

I live in Hughes's field at Deptford.

Do you remember the night in April last when the officer was beat? - Yes; I was waked with the groans of the person that was beat; I got up to the window, the poor man cried out, Oh! you'll kill me, you'll kill me, I have enough, and moaned sadly: as I was looking out of the window, I saw four or five men run down, when they came to the bottom of the place, the man that was beating the poor man said, My lads, give him every one a blow for me, and that will do for him.

Could you discern a man continue beating him? - I heard a man say, My lads, give him every one a blow for me, and that will do for him; I heard the blows given, one after another; after that, they struck him every one a blow that I saw go down; I imagine they did, because there were four or five went down; the blows that I heard were very distinct, as if given by different people.

JURY. Did you hear four or five blows distinctly? - I did.

Cross Examination.

You cannot say how many men went down exactly? - No.

Nor whether the blows were given by one person or several? - That I cannot say.

Mr. JOHN FRANKS sworn.

I am a surgeon at Deptford: I was sent for to the deceased between three and four o'clock in the morning; I found his head cut in a shocking manner; he was at Dicey's in Hughes's field; his skull was quite bare, his arms and legs were bruised in such a manner that he could not walk; I found him so bad, that I ordered him away directly in a boat to the hospital.

Mr. GEORGE NEAL sworn.

You are a surgeon of the London hospital? - Yes.

You attended one Pierson a custom-house officer, who was brought to your hospital, be so good as to describe to my lord and the jury the condition the man was in, and what you think was the cause of his death? - He was terribly cut in more parts than one of his head; he was universally bruised all over, his stomach in particular; he remained in the hospital about a month, when he died; he was brought in about the 12th of April. He was so extremely ill, that I desired the governors to let his wife remain with him the whole time he was at the hospital; he died in about a month after he came in.

What do you suppose in your judgment to have been the cause of his death? - Undoubtedly the blows that he had received: his forehead was laid bare; he was cut in a great many places in his head; his breast was quite yellow; he was beat exceedingly; he could not move a limb.

HARLEY's DEFENCE.

I never was at such a place as this in my life before; I am very innocent of what I am charged with; I hope the jury will consider of it before they take innocent life away.

GEORGE's DEFENCE.

I am innocent of this affair I am charged with; I have proof that I was at another place at the time.

FOR GEORGE.

- UPSTON sworn.

I have known Edward George about a dozen years, I never heard any harm of him in my life; I was coming from Greenwich the processioning night, my son was telling me what had happened of a custom-house officer being killed; I said I was very sorry to hear it; he said, I hear Mrs. George's son is concerned in it, I said I was sorry to hear it; Harley and Henman were in the cage; I went over to ask Henman whether Mrs. George's son was concerned in it.

COURT. That is not evidence.

WILLIAM POWIS sworn.

I am a baker.

Do you remember the night that this misfortune happened? - I remember such a thing transpired; I had been spending the evening at Deptford; coming home about twelve o'clock, as I was coming out of Church-street, upon the bridge I heard a man following me, I turned round and said, what do you want? he came up to me and looked very hard at me; I said, Are you going to Greenwich? he said, Is that Mr. Powis, I am not looking for you? and passed me: I thought the man had an intention to stop me, I had 14 or 15 pounds about me; as I found the man knew me, tho' I did not know him, I was determined to go back again; I heard some people talking, who were the people I had left; I went back; when I came into the Broadway, I saw four or five men stand that knew me; I said, I have met with a man I do not very well like upon the bridge, and I will give one of you a shilling if you will walk home with me.

Do you know who they were? - No; they said they would go with me for nothing; two men came along with me within 300 yards of my own house, and then wished me a good night.

Who were the two men? - I don't know.

JURY. What hour at night was it you met those men at the Broadway? - About twelve; it was after twelve when I got home.

JOHN CORNE sworn.

Do you know Samuel Whiting ? - Yes.

Had you any conversation with him in Clerkenwell Bridewell respecting Edward George ? - Yes; I slept with him in Clerkenwell Bridewell, we were both prisoners there six or seven weeks; our conversation was frequently upon the two unhappy persons at the bar.

How long ago was this that you was fellow prisoner with him? - Till the removal here last Thursday.

Whiting has been in custody ever since? -

WHITING. I have been in custody four months.

CORNE. It was the night I came in or the night after, July the 10th, that they went down to Portsmouth to take the two prisoners; Whiting declared to me, that the two prisoners never struck the man; he said that more that six times or ten times.

JURY. Had you frequent discourses upon this unhappy matter? - Almost every night; strangers are brought in there of a night, and people come in and are inquisitive of what they are charged with.

WHITING. I never told him any such thing, he has been bribed by George's mother; his mother came to me and offered me a guinea, and promised me 50 l. if I would say he was not concerned in it.

Cross Examination to Corne.

What led you to Bridewell? - I was committed upon suspicion of stealing a silver tankard; the person is found out that took it; there will be no bill preferred against me.

So you being a bed-fellow of this man, he used to tell you that the two prisoners were not guilty; how long ago was the first time that he told you that? - Three or four or five days after I was in there, as soon as he came back from Portsmouth.

What had he been at Portsmouth for? - To apprehend or to look at these men, or something of that purpose.

In order for their being apprehended? - I believe they were apprehended, in order for their being sent up here.

So he told you he went down to fix upon these two men, and he did fix upon these two men, and as soon as he returned he told you that they were not guilty? - He did, that they

were not guilty of the murder; that they had not struck the man; the men were known by being advertised; he said, they were the men that were advertised.

You understood that he had been down to Portsmouth, in order to give some satisfaction about these men for the purpose of their being brought up; and then after his return from Portsmouth, these men being brought up to take their trial, he told you in Clerkenwell Bridewell, that these two men were not guilty of the murder? - He has told me so three or four times in a week.

Did he tell you what share the two men had taken in it? - He said they were not guilty of it, and he wished they might be acquitted.

May-be that was all he told you, he did not tell you the particulars? - He said, that one Gipsy George was the material man.

But did he tell you that these two men were of the partie? - He said they were there.

What did they do there, did he tell you? - They never struck him.

What did he tell you Harley and George did there? - He said they were not guilty of the murder.

But curiosity leads one to ask: if you talked of this no less than four times in a week, as you said just now, the conversation therefore must last longer than merely telling you those two men were not guilty of the murder; did not he tell you the particulars how these two men came to be there? - No; I did not expect to be called upon; he said something before Justice Sherwood, that if they were acquitted, he should be in perpetual imprisonment.

So he did not descend to particulars, what these men did in the business? - That they did not strike him.

What did he tell you that they did? - Nothing more.

Then he never mentioned their being there at all when the man was beat? - I cannot recollect every particular.

What share did he say they had in this business? - He said they were there during the time the man was killed, but they did not strike him at all.

Did he tell you what he had been down to Portsmouth for, or what he had said there? - He had been down to look at two men, and that they were the two men that were advertised.

WHITING. I never told him any such thing; I always told him, they were the two men that were guilty of the fact.

To CORNE. Did not you understand in July, that he had been here at the sessions, and had sworn, as he swears now, that Robert Harley and Edward George were present and did strike him? - No.

COURT. Did not you hear that there was an indictment found against Robert Harley and Edward George ? - I knew only that they were advertised.

SARAH BASSETT sworn.

I have known Edward George almost six years, he is a very honest labouring man.

What do you think of his humanity; do you think he would be capable of beating a man to death? - I always thought him a goodnatured hard-working man.

ISAAC UPSTON sworn.

I have known Edward George three or four years; he was always a very civil, good-natured young man.

Do you think he would be guilty of any act of inhumanity? - I do not think that he would.

SARAH HAWKINS sworn.

I have known Edward George eight years; he is a very honest hard-working man.

Is he a man of a tender disposition? - Yes.

Do you know Harley? - Yes; he is a very honest good-natured man.

Cross Examination.

Do you know Gypsy George ? - Yes.

He is a very honest good-natured man, is he not? - I don't know.

Another Witness sworn. I have known them both about five or six years; I never heard of their being guilty of any misdemeanor before this report.

GEORGE HAMPSHIRE sworn.

I have known both the prisoners from infants; I never heard of, or ever knew them to be guilty of a bad action in their lives.

SIMON ADDISON sworn.

I have known both the prisoners about six years; they are good-natured industrious hardworking lads.

PHILLIP HARMON sworn.

I have known both the prisoners about 18

months; they are good-natured, humane young fellows and honest in their principles, as far as ever I knew.

Cross Examination.

How came you to know any thing about these men? - I keep the Red Lion alehouse at Greenwich, they used to use my house, and changed their money when they worked at a lady's in the neighbourhood.

GEORGE HOUSTEAD sworn.

I am a dealer in corn and coals: both the prisoners have worked for me four or five years by times, they always behaved very diligent and honest.

What is their character with respect to humanity and good nature? - I know nothing amiss of them.

JOHN WHITEHAM sworn.

I know both the prisoners; we were all brought up children together; I have been in their company, I never saw any thing by them but what was honest; they were always well-behaved men.

Cross Examination.

How long have you known George? - We were brought up children.

What is his christian name? - Edward.

THOMAS FARMBOROUGH sworn.

The prisoners have worked for me these four years; I am in the coal trade; they were always honest sober men as ever I saw.

They don't get their bread in the smuggling way? - Not that I know.

Did you never hear so? - I never heard any thing concerning it.

SAMUEL GROOME sworn.

I am a coal merchant at Deptford; I have employed them six or eight years; they were always honest industrious men to me.

Cross Examination.

Did you ever employ Henman? - I have, at times.

He was an honest man? - He was, in turns to me.

You used to employ Benjamin Harley too? - Yes.

He was a very honest man? - A very honest man to me.

Did you employ Gipsy George? - No; he was above my cast, he was a gentleman.

THOMAS SMALLWOOD sworn.

I have known Edward George from a child; he is an industrious young fellow; he always worked hard for his bread, as far as I know.

ROBERT ABETHEL sworn.

I have known both the prisoners these 20 years; they are very hard-working industrious young fellows as ever I saw.

ARTHUR HART sworn.

I have known them both these 20 years; I never heard any thing amiss of them in my life.

THOMAS PASCALL sworn.

I have known them both for upwards of five years; I never heard any thing but that they were very sober hard-working men; they have both of them worked for me.

JOHN ROWLAND sworn.

I have known them both these 15 years; they are very hard-working industrious young fellows; I never heard any harm of them.

THOMAS LAKE sworn.

I have known Edward George these 20 years; he was always a very honest sober young fellow; he has worked for me three or four years.

EDWARD STANLEY sworn.

I am a shipwright: I have known them both; particularly Robert Harley, he is a very sober honest man; I have known him these 14 years; he served part of his time with me, and worked with me; I never knew any thing amiss of George; he bears a good character.

MARY THORNHILL sworn.

I have known George some years; he is a very sober honest young man.

DELIVERANCE COLLINS sworn.

I have known them both six or seven years; they are very honest industrious young fellows; I live within two doors of them.

JURY. Don't you know that they do something in the smuggling way? - Upon my oath I don't.

ANN ROWE sworn.

I have known them ever since they were babies; one of them lodged at my house five or six months; I never knew any dishonesty by them.

JURY. What hours did he keep when he lodged at your house? - He used to come in at ten or a little after.

He was not frequently out till three in the morning? - No; I never knew him out to my knowledge.

BOTH GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Justice GOULD.

They immediately received sentence, this being Friday, to be executed on the Monday following, and their bodies to be afterwards dissected and anatomized; which sentence was executed upon them accordingly .

Reference Number: t17760911-43

666. MANDLE WOOLFE was indicted for stealing twenty-seven pieces containing 328 cheque handkerchiefs, value 14 l. the property of Arthur Eller and James Laird , August 26th .

EDWARD WATTS sworn.

I am a servant to the prosecutors, who are merchant s: about a quarter before six o'clock in the morning, I saw the prisoner go up stairs into the warehouse and take these handkerchiefs off a shelf; he packed them up and went off with them: I followed him out of the gate, and called after him; he dropped his load and ran; I pursued him and took him back and charged a constable with him; the things were taken up by the constable.

James Woollen the constable produced the handkerchiefs in Court, and they were deposed to by George Mills , clerk to the prosecutors, whose mark was on them.

PRISONER's DEFENCE.

I was not in the house; I did not take the things; I am a stranger; I have only been in England eight weeks.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-44

667. WILLIAM MORGAN was indicted for stealing a gold watch, value 5 l. a silver watch, value 30 s. a blue silk gown, value 20 s. a black silk gown, value 20 s. a cotton gown, value 10 s. three linen table-cloths, value 5 s. a blue silk waistcoat, value 5 s. a flannel waistcoat, value 1 s. a pair of silk breeches, value 3 s. a pair of sheets, value 5 s. a black sattin cloak, value 8 s. and a scarlet cloak, value 5 s. the property of Thomas Robinson , August 28th .

[The prosecutor was called, but not appearing, the Court ordered his recognizance to be estreated.]

NOT GUILTY .

Reference Number: t17760911-45

668. THOMAS HOLLIS was indicted for stealing twenty-eight guineas and six pounds in money numbered, the property of John Morgan , in his dwelling house , July 14th .

There was no evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-46

666. MARK BROWN was indicted for stealing a silk handkerchief, value 10 d. the property of James Hubbald , Esq ; August 15th .

JAMES HUBBALD , Esq; sworn.

On the 15th of August, between eleven and twelve at noon, going up to Drapers-hall , I heard some body call out a pick-pocket; I felt in my pocket and missed my handkerchief; I had it just before; it was given to me by one Hood, who took it from the prisoner.

GEORGE HOOD sworn.

I saw the prisoner following Mr. Hubbald up Throgmorton-street; I watched him, and just as he got to Drapers-hall, I saw him take the handkerchief out of Mr. Hubbald's pocket; I secured the prisoner immediately, and found the handkerchief in his bosom.

[The handkerchief was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

The last witness is a man that bears a bad character.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-47

670, 671. RICHARD BYLE and JOHN SMITH were indicted for stealing a piece of cotton dimity containing twenty-six yards, value 3 l. and a piece of cotton jem containing six yards, value 8 s. the property of Methuselah Jones , July 19th .

METHUSELAH JONES sworn.

I am a book-keeper to Mr. Harris, at the Bolt and Tun-Inn, Fleet-street ; the things mentioned in the indictment were in a parcel directed to go by the Twickenham coach the next day; I had booked them, and was answerable for them; about nine at night, as I was entering the goods that were in the warehouse, the two prisoners came in and asked, if Saunder's Reading fly went from thence; I said, there was no such fly; there was a Reading coach went from there, and asked if they wanted a place, or had a parcel to go by it; Smith said, he supposed it did not go from there, and went immediately out; I thought I heard something move, I looked and missed the parcel, which was the last I had booked: I asked Byle where his companion was; he said, he was gone forward: I secured Byle, and took him to the tap-room; I heard some body as I went up the yard cry, hip, two or three times, in Fleet-street; I went up into Fleet-street, and found Smith standing against the wall with the parcel between his legs; I secured him, and brought him and the bundle to the tap-room; I knew him again immediately; I sent for Mr. Payne, and gave him charge of them.

Robert Jewel , who rents the tap to the Bolt and Tun, confirmed the evidence of Methuselah Jones.

William Payne the constable produced the goods, which were deposed to by Jones.

The prisoners in their defence called several witnesses, who gave them a good character.

BYLE NOT GUILTY .

SMITH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-48

672. JOHN PRICE was indicted for stealing a silk hat, value 2 s. the property of Sarah Clarke , spinster , August 22d .

There was no evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-49

673. THOMAS HARRISON was indicted for stealing a linen handkerchief, value 10 d. the property of Thomas Walker ; and two iron keys, value 10 d. the property of Sarah Nicholas , August 25th .

There was no evidence to bring the charge home to the prisoner.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-50

674. ANN SEABRIGHT, otherwise FORBES , was indicted for stealing a bank note, value 30 l. marked No K 140, dated London, 3d of November 1775, signed by William Gardener , by which said note the said William, for the governor and company of the bank of England, did promise to pay to Mr. Peter Burrell or bearer, the sum of 30 l.; another bank note, value 20 l. marked No K 30, dated London, 20th of May 1776, signed by Sewallis Larchin, by which note the said Sewallis Larchin , for the governor and company of the bank of England, did promise to pay to Mr. William Taylor or bearer on demand, the sum of 20 l.; another bank note, value 20 l. marked No 6, dated London, the 20th of May 1776, signed by William Jackson , by which said note the said William, for the governor and company of the bank of England, did promise to pay to Thomas Coutts , esq; and company, or bearer on demand, the sum of 20 l.; another bank note, value 100 l. marked No K 109, dated London, 22d of June 1776, signed by John Warren , by which said note the said John, for the governor and company of the bank of England, did promise to pay to James Martin , esq; and Co. or bearer on demand, the sum of 100 l.; another bank note, value 30 l. marked No K 658, dated London, 25th July 1776, signed by William Jackson , by which said note the said William, for the governor and company of the bank of England, did promise to pay to Robert Child , esq; and Co. or bearer on demand, the sum of 30 l.; another bank note, value 20 l. marked No B 115, dated London, 10th of March 1775, signed by Sewallis Larchin, by which said note the said Sewallis, f or the governor and company of the bank of England, did promise to pay to Messieurs I. and T. Coutts, or bearer on demand, 20 l.; another bank note, value 20 l. marked No C 3, dated London, 15th May 1775, signed by a certain person unknown, by which said note the said person, for the governor and company of the bank of England, did promise to pay to one Charles Jewson or bearer on demand, 20 l.; a bank post bill, value 50 l. marked No S 4625, dated London, 3d of June 1775, signed by Thomas Thompson , whereby he, for the governor and company of the bank of England, at seven days sight, did promise to pay that his sola bill of exchange to Mr. Robert Wynter or order, 50 l. sterling, value received; and another bank post bill, value 20 l. marked No X 7605, dated London, 21st of May 1776, signed by John Warren , whereby he, for the governor and company of the bank of England, at seven days sight, did promise to pay that his sola bill of exchange to Mr. William Everett , or order, 20 l. sterling, value received, and was indorsed William Everett ; the said bank notes and bills of exchange being the property of Robert Wynter , and the several and respective sums of money payable

and secured by and upon the same being then due and unsatisfied to the said Robert, the proprietor thereof, against the statute, August 26th .

2d Count. For stealing a leather letter case, value 2 d. and six guineas, the property of the said Robert Wynter .

ROBERT WYNTER sworn.

I met the prisoner at a house in King-street, Soho, on the 25th of August; from thence we proceeded to a house under the Piazzas, Covent-garden ; I had ten bank notes, I believe in the whole the value was 410 l. we went to bed directly as we came into the house; it might be near three in the morning; I had this pocket-book and six guineas in my pocket, three out of the six rather stood with the scale, they would not turn, and in the other pocket I had the other three; I waked and saw a light in the room, I knew the windows were shut and the curtains drawn, when I went to bed; I got up in the bed and found her gone; I was going to lie down again, I observed my breeches upon the bolster, I knew I had not put them there, therefore I suspected something; I felt in my pocket, and missed my pocket-book and my notes; I looked out of the window and saw some chairmen; I asked them if they had seen a woman go out, they said, yes, a quarter of an hour before; they described the prisoner, and said, she was gone up James's-street; I rang the bell for the waiter, and told him what had happened, and that I was surprized he should let her out; I put my cloaths on, and went in search of her; the first intelligence I had, was from Sir John Fielding 's people; the first house we went to was Mr. Wollaston's, a distiller, there we were informed that the prisoner had changed a note; we found her at last at dinner at Stepney; when I first saw her there, she said she did not know me; as soon as she was taken into another room, she acknowledged that all the money and notes about her were mine; I found in notes to the amount of 320 l. 25 guineas in gold, and twelve half crowns, and a note of hand for 29 l. that she had taken up of some other persons.

It is needless to ask you whether you had ever given her these notes? - No, I never had taken my pocket-book out.

Cross Examination.

What day of the month was this? - Sunday the 25th of August, that I met with her; but I suppose it was the 26th in the morning when I went with her.

Had you known her before? - Yes; but I had not seen her for four or five years; I have known her by sight these ten or a dozen years.

And had occasionally been in her company before? - Not three times in my life.

You had been with her? - In the publick room; the room I met with her in, there were fourteen or fifteen people in it.

What was the place you met her in? - It is the Newcastle coffee-house, Saint Ann's, Soho.

That is a coffee-house I suppose where both gentlemen and ladies resort? - That I do not know.

Were you there before her? - Yes.

In what company were you? - In none, I was sitting by myself.

How might you be amusing yourself, was you drinking? - I had called for a pint of wine and water, I was drinking that.

About what time did she come in? - About ten, I believe; I came in about half after nine.

Was there any other company in the room besides? - About fourteen or fifteen.

How long did you sit together in that house before you went away? - We did not sit together at first.

How long was it before you scraped acquaintance? - I believe about three quarters of an hour; she was drinking with another man, and then came and sat by me.

I presume you was polite enough to ask her to drink with you? - She might ask herself, but I do not recollect.

The fact was, I suppose, that you did sit and drink together for some time? - She and two men that were there and I drank three pints of wine and some water.

At what time in the morning was it you quitted this coffee-house? - Past two.

Where did you go to? - Haddock's bagnio.

Where is that? - In the Piazzas, Covent-garden.

Then it was between two and three when you got there? - Almost three.

In the course of the evening it is probable you asked her where she lived, and her circumstances

and situation in life? - I did not.

Nor did you know where she lived, and with whom she lived? - I heard her say that she lived with a counsellor named Leonard.

She told you in the course of the evening that she lived with counsellor Leonard? - She did.

Did she tell you where counsellor Leonard lived? - I found out next morning.

Did she tell you she lived with him entirely? - Yes.

In short, that she was in keeping by counsellor Leonard? - I imagine so.

Did not your conscience smite you at all in this invasion of counsellor Leonard's property in the course of your walk? - I do not recollect.

But when you knew this lady to be the sole property of counsellor Leonard, the fact was, you and she went together to Haddock's? - Yes.

Was you not at all in liquor? - No.

Sitting so many hours drinking had not affected you? - We had three pints of wine and water; I had half a pint at first coming in, and I believe I had some cold beef for supper; it was half after nine when I came in, and I sat there till two in the morning, and there were four pints of wine; the last pint was between her and me, I believe.

It was quite day-light when you awoke? - Yes.

And had been day-light two or three hours; she had opened the windows to let in the light upon you that you might discover your situation? - She had done that I suppose to discover the breeches.

She let the sun shine upon you; when you awoke, perhaps you went in search of this lady at counsellor Leonard's that morning? - I called at the lodging where she lodged, and saw the man; I understand his name is Leonard.

What time did you call there? - I believe before seven o'clock.

Did you find Mr. Leonard at home? - He was a bed, I suppose, for he opened the door, and had not got his cloaths on.

Perhaps you and he had some conversation together? - Yes.

This was the first place you had been at in the morning? - The first place I went to, was to a man that was in company to know where she lived; it was her lodging, as the man supposed, but it proved to be this man's.

You and Mr. Leonard had some conversation about the matter? - O yes, I told him the whole affair as I have told you.

Who were in company with her at Stepney? - Some people that I do not know.

Then there were some people that heard what passed upon your coming in and charging her with this? - There might be five or six there; they were all at dinner.

Counsel for the Crown. Did any thing particular pass there? - She was sitting at dinner; the constable went in; I said, that was his prisoner; he took her and found these things upon her.

Counsel for the Prisoner. Have not you known her eleven years? - I may have known her so long ago.

JOHN CLARKE sworn.

It was, I think, on Monday the 26th of last month, that Mr. Wynter came to Sir John Fielding 's, and said he had been robbed of a large quantity of notes, of six guineas, and a pocket case, by a girl that went by the name of Seabright, that was known in the Garden; a pursuit was made immediately to Peter Cockran 's, at the Black Horse, St. Giles's, where we got intelligence that she was gone out with Cockran and his wife to the bank; the first we heard of her was at Mr. Wollaston's, a distiller's at Holborn-bridge, we heard they were gone to Stepney: Mr. Wynter, a Mr. Baker, and myself, went to Stepney, to Mr. Harding's, I think the name is; I enquired who the coachman had brought, he said, Peter Cockran ; I found them out; there was the prisoner, Peter Cockran , and his wife, and several others at dinner; I sent out for Mr. Wynter, he came in, I asked him which was the person, he pointed out the prisoner; we took her into the room, and there searched her; and in this pocket case, I found a 100 l. bank note, two 30 l. notes, two 20 l. notes, and a 20 l. bank post bill; in taking the money out of her pocket, Mr. Wynter apprized me that she had something in her hand; I opened her hand, and she had in it another 100 l.

note; I found upon her twenty-four guineas, and two half guineas, and twelve half crown pieces; here is a 29 l. note upon Captain Percival, which I also found upon her; at first she said, she did not know Mr. Wynter; but after the notes were found upon her, she said, that the notes and the money were all Mr. Wynter's property.

What passed in the coach as you were coming to town? - She asked me what she should say when she came before the justice; I told her, I was a public officer, and it was not my duty to tell her what to say, nor any thing about it, and I begged such discourse might drop; she owned before the magistrate that that was Mr. Wynter's money: she said, I think in the coach, after she had asked me that question, and I would not give her an answer, should not she say that she had found it? I believe I made answer, that that was as good a defence as she could set up.

To the Prosecutor. Did you describe those notes in your information at Sir John Fielding 's? - I did; I have here a memorandum that I took about a fortnight before I lost them; they answer to that account of them; these are the notes I was robbed of that night; I can also swear to the letter case.

[The notes were read, and corresponded with the description of them in the indictment.]

ELIZABETH COCKRAN sworn.

I am wife of Peter Cockran : the prisoner came to our house upon Monday the 26th of August, at about six in the morning; when she first came, I was not up, she knocked at the door and the boy opened the door, and let her in; she frequently came to our house to pay money; a gentleman she lived with used to run a score, and she paid his bill; she came up to our bed-room and asked if captain Percival was there; I said, No, I had not seen him for a week; she said, she understood we had a note of his; she said, if we would give her change for a 50 l. bank note, she would take it up; I proposed to go to Mr. Wollaston's, the distiller I deal with; she took a walk with me to Holborn, where we had a coach and went to Mr. Wollaston; I asked him what I owed him, he said 35 l. I said I was going to receive some money of that woman, if he would change the 50 l. note, I would pay it; she put the cash in her pocket; I gave her captain Percival's note, and that would not satisfy her without a receipt in full; Mr. Wollaston's clerk gave twenty guineas out of it; I wrote Peter Cockran upon it for the indorsement; the next day after Seabright was taken up; my husband signed this upon the note to make it good to Mr. Wollaston; he cannot read nor write; after I got this change at Mr. Wollaston's, I proposed to go home; it rained, she asked me to go to Cheapside with her; she bought two linen gowns of one pattern of Mr. Smith; she gave me one; I tied it up; she bought some pocket handkerchiefs and neck handkerchiefs and aprons, and several things, which she tied up in a handkerchiefs; she changed a 20 l. bank note; for as she had made me a present of a gown, she said she would give something to Mr. Cockran; so she bought him a waistcoat.

So a 50 l. note was changed at Mr. Wollaston's, and a 20 l. at Mr. Smith's? - Yes, Mr. Smith gave her sixteen guineas, and I lent her 3 s. because she would not change any more gold; then I said I would come home; she insisted that I should take a ride with her somewhere; I said our two-penny brewer lived at Stepney, I should like to go there: at Aldgate pump we bought two fowls; when we came to Mr. Harding's, we ordered the fowls to be got ready; we rode in the coach to near justice Sherwood's, there we had a bottle of wine; my husband paid for it, and while we were at dinner she was taken up: I never saw her without plenty of money, and had no reason to suspect her.

Cross Examination.

You was the person that proposed going to Stepney? - She used to take out bank notes at other times as plenty as she did then; she has had two and three thousand pounds at a time of money in her care of captain Percival's; she has often taken cash to Mr. Child's the banker, and often drawn cash from there; I never saw any thing amiss of her; if she had offered me twenty gowns, I should have taken them, and been much obliged to her.

She had such friends as furnished her with

plenty of money; she was not what you call a woman of the town? - No, I should not have walked with her if I had thought that; I never saw her with but one gentleman besides captain Percival.

She never lay at your house? - No, I have no place for ladies.

Did you ever see counsellor Leonard at your house? - Yes, sometimes; he has not been there since last winter; my husband struck him, and he has not been there since.

RICHARD ANNESLEY sworn.

I live with Mr. Wollaston the distiller: the prisoner came to Mr. Wollaston's with Ann Cockran , and changed this bank post bill (producing it).

Mr. WYNTER. This is my note.

ANNESLEY. I gave 20 l. change out of it. The note is not indorsed; I believe? - No, that was entirely an oversight in me.

ISAAC SMITH sworn.

I am a linen-draper: the prisoner and Cockran came to my shop and bought some linen; they paid me 6 l. 13 s. and 3 l. 7 s. out of the bank note; I paid the bank note away; I traced it into three hands: Mr. Wynter saw the note at my house, and I have an attested copy of it.

Was not you ordered by the magistrate to keep it? - No.

You produced the note at Sir John Fielding 's? - Yes, and Mr. Wynter swore to it, and gave it me back again.

Was not you ordered by the magistrate to keep the note? - I was not upon my oath; I paid the note to Mr. Beckford in Friday-street three or four days after I had shewn it at Bow-street.

How came you to pay it away, when you was ordered to keep it? - I had no orders from any one person.

You see it is charged to be a stolen note, did it not-strike you? - I was ordered to carry it to Sir John Fielding 's; I took it there, and he swore to it; I thought it was done with.

COURT. You ought not to have disposed of it? - I have been to three places this afternoon in order to get it; to Beckford's, to Boldero's, and Blackwell's, in Lombard-street, and to Van Norton 's, in Devonshire-square.

COURT. You must find the note, or be responsible for its value.

How came you to take a copy of it, if it was not material? - I took a copy of it and had it attested, because I knew it was a stolen note.

Is this copy your own hand writing? - Yes, it is.

What was the amount of the goods you sold? - Ten pounds exactly.

WILLIAM HARDING sworn.

I live at Stepney: Mrs. Cockran and the prisoner came to my house with a couple of fowls; we got them ready for them: here is a bundle she brought with her, containing what she had bought; it was left with me for my reckoning.

To SMITH. Are these the things you sold to the prisoner? - They are.

SEWALLIS LARCHIN sworn.

I am one of the cashiers of the bank.

What are these notes? - Two of them are bank post bills, the others are bank notes.

PRISONER's DEFENCE.

My lord, I have not spirits to read my defence; I beg your lordship will permit it to be read.

(It is read as follows.)

My lord, and gentlemen of the jury, I solemnly protest, before God and you, that I am perfectly innocent of this charge, this being the first time in my life that I have been at a bar or in prison, charged with either crimes or misdemeanors, not even for debt: my lord, on Monday the 25th of August, Mr. Leonard, a gentleman I have lived with two years, went out, I went to many places to enquire for him; at last, on returning home, I went into Mr. Hall's, where I had never been before; it is a place I had heard Mr. Leonard mentioned once he had been at; the woman I enquired of did not know him, but said, there was company in the parlour, I might go in and see; I went in, Mr. Wynter said to me, where the devil have you been all this time, and pulled me on the seat near him, to drink with him: my lord, I had known him eleven or twelve years, in the course of which

time, whenever opportunity offered, he continually solicited me for favours, but without success, the reason of which was, a servant of mine some years ago cautioned me against him as a bad man; and though he often came to my lodgings, he was continually denied admittance, nor in the whole time could he court me to his bed: my lord, our conversation turned on the very servant who had so often warned me against him as a man of bad character; as I lived very near, and had the key in my pocket, I staid till past twelve, when every body being gone, except the prosecutor and me, I thought it time to go home to Mr. Leonard's; upon going out, I said, good night; he answered, you shall not go, you shall go with me; I told him I must go home, No, by G - d, you shall not, there is something for you, giving me a case, you shall sleep with me at Haddock's; I felt in the case, which was of leather, without string, lock, or clasp, and felt bank papers in it; I put it into my left pocket, he having my right hand under his arm; I suffered him to take me where he pleased; we went to bed, I awakened in the morning, I got up, opened the curtains of the bed and the windows, I saw it was light; I got up, dressed myself, opened the door, called the waiter, and went out: I went up James's-street to Cockran's in St. Giles's, to enquire for captain Percival; that was a house I knew he frequently went to; it cannot be conceived, were I guilty of such an act as I am charged with, that I should have gone to the very spot I was so well known in; I pulled out the case and examined it, and upon Mrs. Cockran's asking me whether I had that from the captain, I told her, No, but I had slept with a gentleman in the Garden, who had given it me; I made no secret of the money I had received; I had many sums of money from captain Percival; I mentioned his being indebted to them 29 l. I have lived with him near eight years, and have almost always paid his bills; I was seldom without bank notes; I told them I would pay his bill if they could give me cash for a bank note; they could not, but proposed going to the distiller's; they afterwards proposed dining at Stepney, where I had never been; I complied, upon condition that they would return with me to Covent-garden; so conscious was I of my innocence, that I did not want to avoid the place: before dinner was half over, two men came into the room, and said, they wanted me; Mr. Wynter came in, and said, that was the lady; they desired me to go into the next room, I did; they searched me, and took from me the case containing what I thought my property; I told them I was made a present of it, that some I had in my pocket was mine before he gave me the case; they took all from me, and took me in a coach to Bow-street; and I was sent that night to Bridewell: on Wednesday I was brought up again; Sir John Fielding asked me if the property was Mr. Wynter's? I said, none of it; my reason for leaving the prosecutor when I saw it was day, was, that I had been told by many women, particularly that servant, that in order to seduce a woman, he would give any thing, when in the morning he would always take it away again, alledging that he could not be so great a fool as to give so much for a night, though that perhaps might ruin the woman for ever: I took the case without knowing the contents; had there been 1000 l. in it, I should have taken it for my own; I went away because he should not have an opportunity of forcing it from me when he awoke; and therefore he was resolved to swear I robbed him.

FOR THE PRISONER.

LUKE LEONARD sworn.

I have known the prisoner two years; she has lived with me for that time.

With you, and you only? - With me only, that I know of.

She has kept no other company? - She had no necessity; I have supported and maintained her to the best of my ability; she always had the command of my money; I never missed a guinea or a shilling in my life.

Her behaviour to you was always very honest? - Always.

On the morning that she had been at Covent-garden do you remember Mr. Wynter calling upon you? - Yes, I shall never forget it, it was very near six o'clock in the morning; after I had dressed myself and went to Bow-street, the dial was at seven: I have a paper that I wrote down immediately after, in the course of perhaps five or six hours, containing

what passed (the witness refers to it) it was the 26th of August, a Monday morning, I was waked by a knocking at my door; when I opened it, I was surprized to see a person I had never seen before, and whom I have since known by the name of Robert Wynter ; a stranger, particularly at that hour, a good deal struck me; I asked him what he wanted? he said, a woman; I said there was no woman there, he was wrong; he asked me if I did not know one Seabright? I said, very well; says he, she and I slept at Haddock's last night, I gave her my pocket-book, and this morning she has gone to France with it; I asked him what it contained, he told me there were two notes of 100 l. each, and that the rest were bank post bills; I asked him if the bank post bills were negotiable, he told me, yes; I asked him if they were accepted and indorsed, he said, yes; during this time he turned out of the door and called a person who was below, who came up stairs afterwards, whom I remembered kept a jelly-house in Covent garden years ago, Thomas Young , he then came into the room: I told him, I could hardly imagine she would go to France, as she had never been there, and I imagined she was somewhere about the Garden; that since she had acted in that imprudent manner, I was determined to have done with her, and would do him any service to find her; I went down to the Brown Bear, in Bow-street; I staid there some time, while Mr. Wynter took a coach and went to other places; a stranger to me said, Sir, you are a very fortunate man; I asked him for what, said he, if she had gone home to you, which might have been probable, it is ten to one that he would have sworn you was concerned in robbing him.

If you are a counsellor, you know that is not evidence? - I am not yet called to the bar; I relate it; he said, she was seen going up James-street, then said he, G - d d - n me, I suspect she took it out of my pocket; what said I, stole it from you? yes; I said, I have known her personally two years, and heard her character much longer, and never heard an intimation of any thing of this sort; I asked him who told him that she lived there, he said, he heard so from herself; I told him I thought it improbable that a woman should rob him, and tell him where she lived; I asked him if he had any other money, he said, yes, he had some gold, which she had not taken; I told him I thought that extraordinary, that a woman should rob a man of bank notes, and not take the gold, it was such a thing I never heard of in my life; he said, if she did take it, she must have lifted my head from the pillow; said I, you missed her very soon; O said he, not above two or three minutes; I imagine the noise she made might awake me as she went out, for I looked out at the window, and saw a man, who said, she had just turned up James-street; I told him I thought it odd that she should lift up his head, and he not wake, but wake afterwards; he asked if I knew any of her female acquaintance; I told him I knew none; he said, what, cohabit with a woman two years and not know any of her female acquaintance? I should have known them all in six months; I said, she seldom went out, and I always forbid her to mention where she lived, for I disliked visitors: I asked where he met her, he said, at Hall's in King-street, and then we went to Haddock's; d - n me, yes, I believe she had the book before we left King-street; he asked me if she could read and write? I said, both; he said, when he knew her first, she could do neither: I have known the woman two years, to me she behaved with honesty during that time.

And she never wanted money? - No.

Cross Examination.

What are you? - The son of a gentleman of fortune in Ireland; I am a student of the Inner Temple.

You are not at the Bar? - No, I am not; there is a gentleman in court, I believe, that knows my father and family.

He may do that, and not know you? - But I believe he knows me too.

He said she took it from under his head? - First, that he had given it her, and he believed she was gone to France; and then afterwards he said, she took it.

And he told you he believed she took it from under his head out of his breeches? - The first expression was, he had given her his pocket-book, and she had gone to France with it; he afterwards said, G - d d - n me, I believe she took it from under my head.

He said they were all bank post bills but two? - Yes.

Did he give the same account to Sir John Fielding as to you? - No.

You was not before Sir John Fielding at all? - No.

In no capacity whatever? - No, except that morning after I left the Brown Bear; I went towards home, for Mr. Wynter left a man at my lodgings to watch if she should come there; after I had been some time at home, I was sent for to Sir John Fielding 's; I went there about twelve o'clock; Mr. Bond told me, I might go about my business; I said I would not; I was determined that the slightest imputation should not lie upon me; that I would stay at the Brown Bear till she was found.

There was some little imputation upon you then? - No; it is not only necessary I should be honest, but that I should appear so.

So you lived with this woman? - No; she lived with me, I maintained her.

And you have kept this woman two years? - Yes; or more.

So you did not say to Mr. Wynter, aye, she has often picked my pocket? - Not that I recollect; I believe I did not say any such thing, for I had no reason to say it.

Will you swear you did not say it? - I will, to the best of my recollection that I did not say it.

To Mr. WYNTER. Whether you said to the last witness that you believed she took your pocket-book from you at the house, and that you gave it her; you have heard what Mr. Leonard says? - I have.

Did you ever tell him that you gave these bank notes to the woman? - No; Young went with me, I knocked at the door; when he opened the door, the first man that spoke to him was Young, he called him by his name, and said, he wanted to speak to him; said Young, I have not seen you some years.

Did you at any time tell him that you gave the prisoner the pocket-book? - No; I told him the whole fact, that she had picked my pocket.

Did you ever tell him that you thought you had lost it at Hall's? - No; I told him she had picked my pocket, in the manner I have now told the court.

Did you ever say that she was gone to France with it? - No, never.

Did you ever give a different description of the notes than you have now? - No, never; when I got to Sir John Fielding 's, I gave a description of them; Leonard was called in by Sir John Fielding 's clerk, and kept in custody.

Had you given a description at Sir John Fielding's office of the notes before you saw Leonard, or not? - No; I gave it immediately after; I rang at the bell of Sir John Fielding's office, and the clerk came up in ten minutes; I never gave any description of the notes; I said, I had lost three or four hundred pounds in notes.

Counsel for the Prisoner. It is possible you kept the paper of the notes upon which they were described at home? - I had the list at the same time in my fob, or I could not have given Sir John Fielding 's clerk that description at that time in the morning.

Did you send that description to the bank? - They might, I did not.

LEONARD. I was not in custody at Sir John Fielding 's, but at my own desire.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-51

675. WILLIAM HUDSON was indicted for stealing a silver salt, value 11 s. and a silver table-spoon, value 9 s. the property of Alice Tinlarson , widow , being in a certain lodging room let by contract by the said Alice to the said William and one Mary Shade his pretended wife , against the statute, September 7th .

It appeared in evidence that the prisoner was insane .

NOT GUILTY.

Tried by the Second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17760911-52

676, 677. CATHERINE CREAMER and ARABELLA LOCKER were indicted for stealing a linen gown, value 2 s. the property of Richard Wood , July 1st .

MARGARET WOOD sworn.

I take in washing: on the first of July, while I was up-stairs putting my children to

bed, I heard a noise below; I called to know who was there, but nobody answering, I ran down stairs and saw the prisoners run out with the gown in their hands; I pursued them, and called, stop thief, and they were secured: they had not the gown when they were taken, they had thrown it down in the street upon my crying, stop thief.

[The gown was produced in Court, and deposed to by the prosecutrix.]

The prisoners said nothing in their defence.

BOTH GUILTY of stealing to the value of ten pence .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-53

678. ELIZABETH YORK was indicted for stealing a copper tea-kettle, value 5 s. the property of Henry Strutton , September 10th .

MARGARET STRUTTON sworn.

I lost a tea-kettle last Tuesday morning; I did not see it taken.

GEORGE JAMES sworn.

I live with Mrs. Strutton: the prisoner lived in her house; last Tuesday morning I saw the prisoner take a tea-kettle out of the glass-case in the shop, and carry it up into her own room; I told my mistress of it, and she went to fetch a constable; while she was gone, the prisoner carried the tea-kettle out wrapped up; I followed her, and charged her with it; she confessed she took it, but did not know what induced her to do it.

[The tea-kettle was produced in Court, and deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I leave myself to the mercy of the court.

GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-54

679. THOMAS COE was indicted for stealing a pair of men's leather shoes, value 4 s. the property of Frederick Price , August 14th .

FREDERICK PRICE sworn.

On the 14th of August, I had been to carry a pair of shoes to a customer; when I returned, the prisoner was in custody, charged with stealing a pair of shoes.

ELIZABETH PRICE sworn.

On the 14th of August the prisoner came into our shop, and asked to look at some shoes; he sat down, and I shewed him a great many; in the mean time, a woman came in for a pair of leather pumps: I went to serve her, and the prisoner slipped out; I looked through the window, and saw the shape of a pair of shoes under his coat; I ran to the door, and cried, stop thief, and he was taken.

Joseph Groves deposed, that he took the prisoner, and found the shoes upon him.

[They were produced in Court, and deposed to by the prosecutrix.]

The prisoner said nothing in his defence.

GUILTY of stealing to the value of ten-pence .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

[Branding. See summary.]

Reference Number: t17760911-55

680. SAMUEL BLOXTON was indicted for stealing a pair of silver shoe-buckles, value 8 s. the property of James Munday , July 7th .

JAMES MUNDAY sworn.

In the beginning of July, I was on board a sailing boat by Black-friars bridge ; between one and three o'clock in the morning, as near as I can guess, the prisoner came on board the boat, and asked me to give him a lodging; I told him I could not that night, and he went out of the boat again; when I waked in the morning, I missed my silver buckles out of my shoes; I made enquiry after the prisoner and took him, when he confessed that he had sold the buckles to one Mr. Burk.

Thomas Burk deposed, that the prisoner sold him the buckles for 8 s. 3 d.

[They were produced in Court, and deposed to by the prosecutor.]

PRISONER. I am guilty, my lord.

GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice GOULD.

[Branding. See summary.]

Reference Number: t17760911-56

681. ROBERT WALKER was indicted for forging, coining, and counterfeiting a piece of false, feigned, and counterfeit money and coin, to the likeness and similitude of the good and lawful silver coin of this realm called a half-crown .

2d Count. For counterfeiting a shilling.

CHARLES JEALOUS sworn.

I belong to Sir John Fielding : upon the 24th of June we were upon a search; we went to a house in Golden-lane ; Mr. Clarke stood at a distance; we burst open the door, and in the two pair of stairs room, finding something that made us suspect that coining was going forward, we sent for Mr. Clarke; the door was locked; we made no search till Mr. Clarke came: one Scaddel kept the house.

JOHN CLARKE sworn.

I was in the house at Golden-lane; I went up into the room which the other witnesses had before been in, I found all the things which are produced in a room in the upper story; after finding the instruments which are produced, and likewise a tub with sand and some flasks in; I found in a great coat pocket a quantity of counterfeit-money (The witness produced several shillings and half-crown pieces, which appeared to be finished, and two good half-crowns, from which the moulds were made.) I suppose the shillings to be worth about four pence half penny or five pence a-piece; the half-crowns, 13 or 14 d. a-piece. I found these counterfeit shillings which are finished, and these which have not been whitened since cast (producing them) they were in a bag up the chimney; I found a number of good shillings, which I suppose were kept for patterns; I found the good ones in one place and the bad ones in another; there were some counterfeits up the chimney also in a piece of cloth; they are cast, but they have not been finished: I found likewise a piece of get, which is what runs in the channel between one part of the mould and the other; I also found files, aqua-fortis, and a quantity of faceing, that is of a stronger body than the sand, and is put over it to close the pores of the sand and make it smoother; I found a quantity of copper and a quantity of silver in it; I found some shirts marked R W which I take to be the initials of the prisoner's name. Suspecting who it was, we went in search of the prisoner, and between Red Lion-market and Golden-lane, we saw him at a door; he went into a yard and I followed him, and found him in the necessary-house; I took him into custody, and carried him to the house. The things produced are a complete apparatus for the coining of silver coin; no other business was carried on in the house, and there was no one tool in the room but what was applicable to that purpose.

Cross Examination.

Was there any body in the room? - No; there was no person in the room, and I should think, there had not been any work done for two or three days.

JOSEPH CLOTHERO sworn.

Jealous and I went to Golden-lane to search for plate; Jealous and I went up stairs and saw these tools; I sent Jealous immediately for Clarke, and touched nothing till Clarke came; the things produced were all found upon the search.

ALICE SCADDEL sworn.

I did live in Golden-lane; Mr. Clarke and two other officers came to my house in June and made a search in the two pair of stairs room.

Did any body live in that room? - Yes; two men have been used to come up and down for better than three months; they came about once a fortnight, or three weeks; one was a short thick man, I have seen him often in a working dress, his name is Sam; and I have seen the prisoner come up and down, but I never saw him in a working dress. Sam took the lodging of me; he used to come mostly by himself; I never saw him and the short thick man together; the prisoner used to come by chance by himself, and did not stay long; I have seen him there within the last three months four or five times.

Do you know Isaac Voiture ? - Yes.

Did the prisoner ever live at your house? - I have heard two people talk three or four times in the morning, but I cannot say that he lay there.

I am to understand you then, upon your oath, you do not know whether this man lodged in your house? - Upon my oath, I do not know that ever he did; but I have heard two people talk in the morning, but who they were I don't know.

Did he ever pay you for the lodgings? - Two or three times; but the short man paid me the oftenest.

You must speak the truth; you have been examined before a magistrate about this; I ask you again, upon the oath you have taken, who paid you for the lodgings the last time you was paid at all? - The last time, Walker paid me.

Look at the prisoner; is that the man you mean? - Yes, it is.

Cross Examination.

But you did not look upon him as your lodger? - It was impossible for me to know.

There was a short thick man? - Yes; and there was another man in the house; at the time they did lie there, I never saw any harm, they paid me my rent; I cannot pretend to say which was the lodger of the two; the other man was most there.

Perhaps you might know that this man lodged somewhere else? - No; I cannot say that.

The shortest man did lie there? - He certainly must lie in the house, he was there continually.

This man did not take the lodging of you? - No.

Counsel for the Crown. This man was taken on Monday? - Yes.

How long before was it that you was paid? - On Saturday morning; and I heard the other man speak to him, as if he meant to borrow the money of him.

Counsel for the Prisoner. You understood that he came from the other man? - I thought so.

Counsel for the Crown. You was to have appeared the last sessions; the trial was put off because you was not here? - I was at the sign of the Three Sugar Loaves at Putney; a person came for me; I was washing; I had a message, that some reputable gentlemen wanted to speak to me at the Pitt's-Head in Old-street road; I said, my husband was not at home, and I did not chuse to come; a man came up, and liquor was called for in plenty; I not being used to liquor, drank too much; they carried me to Putney, and there I was from the Tuesday night till the Monday following; I had not a halfpenny to pay for a boat or a coach to come home in.

COUNSEL. Then these reputable people, whoever they wree, kept you from the Tuesday in one week to the Monday in the next, at the Three Sugar Loaves at Putney.

JOHN SCADDEL sworn.

I am the husband of the last witness, I live in Golden Lane: on the 24th of June, Clarke and the other people came to search my house; they searched the two pair of stairs room.

Now, I ask you upon your oath, who lodged in that two pair of stairs room? - There were two men; one was called Walker, and the other's name was Sam; they both used to be in the room; what their occupation was I cannot say.

Look at the prisoner, and tell me whether that is the Walker you mean? - To the best of my knowledge that is the man.

Did they use to be in the room together in the day-time? - They did.

Did they ever lie there together? - That I cannot justly say; Walker was but very seldom there, but Sam was there almost every day.

Who used to pay you the rent? - Sometimes Walker and sometimes Sam; one paid it one time, another another time.

I think Walker was apprehended on the Monday? - Yes; on Monday morning.

Who paid the rent the Sunday the day before? - Walker did.

How long had they been in your house? - Between two and three months, as near as I can recollect.

You know Mr. Isaac Voiture ? - Yes; he is the person that lived in the room before, he recommended them to me; Walker never took an apartment of me in his life.

Cross Examination.

This short thick man used to lie and live in this room? - He was constantly in the room.

Did you hear any conversation between this man and Walker before you received your money on Sunday? - None at all.

You do not know whether he paid the money for the short man? - That I cannot say.

You say they were recommended by one Voiture; was Voiture present with both when he recommended them? - I cannot say; I was not at home; I was at work.

The short man was always there? - Most an end, Walker was seldom there.

You did not look upon Walker to have his lodging there? - I cannot pretend to say it was his lodging, because the other man paid the rent as well as he.

You looked upon the man that was mostly there to be the lodger? - Certainly, by all means.

JAMES COLLARD sworn.

I am one of the moniers of the mint (looks at the counterfeit money that had been produced) the half crowns and shillings are both of them counterfeit.

FOR THE PRISONER.

ANN MANSFIELD sworn.

I lived at the Hoop and Adze on the 27th June: I know the prisoner very well, he lay at home every night; he is a buckle-maker.

Where was he in the day? - I don't know, he used to come home at nine or ten at night, and went out between five and six in the morning; I lit him to bed frequently, every night.

Did you every night, or only frequently? - Every night.

That was shewing him great attention; perhaps he did not know the way to bed? - I used to fetch the candle down every night.

Is that the custom in your house? - Yes.

Then you are obliged to sit up last in the house? - Yes.

And did you light him up as well as down? Yes.

JOHN RAMSAY sworn.

I lodged at Mr. Holt's the Hoop and Adze, in June last, I have lodged there near a twelve month; Walker lodged with me four or five months, and lay with me on Saturday night, the 22d of June I think it was.

Do you know Mr. Holt has left London? - I left his house before he left London.

Cross Examination.

What may you be? - A carver.

You and Walker had but one room between you at this Hoop and Adze? - No more.

He had not lodged there so long as you? - No.

Were you used to come home pretty early in the evening? - I most commonly left work between eight and nine at night in summer, and worked as long as I could see in winter.

Did you use to carry the candle up to bed yourself, or any body light you? - One time in particular, we were both drunk, a woman lit us up.

Did not the woman use to light you both up? - Not very often.

You used in general to be sober enough to carry the candle to go up to bed? - Yes.

And sober enough to put it out? - Yes.

Then you was not used to be waited upon, to have a maid carry the candle up and fetch it down again? - No.

Sometimes I suppose Walker would be in bed before you, and sometimes you before Walker? - That was but seldom, we commonly went together.

When you went together, which used to carry the candle, you or Walker? - Sometimes the one, sometimes the other.

And you were both quiet sober men, there was no danger of setting the house on fire; you used to put the candle out regularly? - I was always thought so.

And you used to put the candle out yourself? - Yes.

RICHARD YARDLEY sworn.

I am a buckle-maker, I work for Mr. Masters; I know the prisoner, I have employed him.

When was the last time you paid him any money for any work of yours? - On Saturday the 22d of June, he had worked with me that day, I gave him a guinea for his week's work.

That was the Saturday before he was taken up? - Yes.

Cross Examination.

Where did he lodge? - At the Hoop and Adze.

How much did he get a week of you? - A guinea; he had worked with me a year and a half.

You had kept paying him a guinea a-week every week? - Yes.

He had not a couple of lodgings, had he; a guinea a week would not pay for two lodgings; did you take any receipt when you paid him? - No.

You keep your men at home, you don't let them have jobs out to their lodgings? - Sometimes.

Did you ever indulge Walker with a job to his lodgings? - Sometimes.

Then he used to work at the Hoop and Adze at this buckle work, when he was not at work at your house? - He worked mostly at home.

Did he ever work a week at your house upon your oath? - The whole six days of the week before he was taken.

What did you say your business was? - A buckle-maker.

I understood you a sword-cutler; did you never work at the sword-cutlering business? - Never.

That is not your trade? - No, buckle-making.

Walker can make buckles, can he? - Yes.

Is that his trade? - Yes, that he was brought up to; his father was a buckle-maker , he worked with him at it.

The prisoner called six witnesses, who gave him a good character.

GUILTY . Death .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-57

682, 683, 684. MARGARET CREAMER , CATHERINE CREAMER , and BRIDGET MATTHEWS were indicted for burglariously breaking and entering the dwelling house of Richard Harrowsmith on the 10th of July , about the hour of eleven in the night, and stealing a pair of blankets, value 8 s. a pair of linen sheets, value 5 s. a linen counterpane, value 9 s. and one ironing blanket, value 1 s. the property of the said Richard; and one calamanco petticoat, value 10 s. one chip hat, value 1 s. and a half guinea, the property of Hannah Robinson , spinster , in the dwelling house of the said Richard .

There was no evidence to bring the charge home to the prisoners, but of an accomplice unconnected with any corroborating circumstances.

ALL THREE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

They were a second time indicted for stealing three linen shirts, value 15 s. two linen shifts, value 10 s. a linen gown, value 8 s. a child's linen gown, value 1 s. two pair of worsted stockings, value 1 s. and one pair of thread stockings, value 1 s. the property of Robert Mackey , July 11th .

'There was the same defect in the evidence

'as on the former indictment.'

ALL THREE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

Reference Number: t17760911-58

685. RICHARD ETHERINGTON was indicted for that he, on the king's highway in and upon Ann Hughes , widow , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black sattin cloak, value 18 s. a black silk mode hat, value 12 s. a lawn apron, value 1 s. a linen handkerchief, value 1 s. a silk handkerchief, value 1 s. the property of the said Ann , June the 4th .

ANN HUGHES sworn.

On the 4th of June I went to see the landlady I lodged with when I first came to London in Dyot-street; I came to the house about ten o'clock, and staid above an hour; the prisoner ran after a young lad to lick him; the lad came into the house, and the prisoner after him; I knew the prisoner when I first came to London, we lodged in the same house four years ago, I was glad to see him; I sent for a pot of beer to treat him, we sat awhile; when that pot of beer was out, he sent for another; I got up and insisted on going home, he said, he would see me safe home.

Where did you live? - I lodged in Bedfordbury; instead of bringing me up Monmouth-street, he brought me up Drury-lane; my

friends were at the Three Tuns in Monmouth-street waiting for me, I told him so; he said, he would see me safe home, which I was glad of, for I thought he was very honest; when we were in Drury-lane, he insisted upon keeping me out all night; I told him he had much better take my life than offer to keep me out, or to use me ill; when he found he could not get his ends, he wanted to use me ill in the street; I took him to a public house, and treated him with two pints of beer, he seemed to be good-natured then, and would not offer to use me ill; I treated him with the beer thinking to get rid of him; when I came out of the public house, just at the corner facing Brownlow-street , he knocked me down, and robbed me.

What time do you suppose it might be when you came out of the house? - The watchman was just crying half after eleven o'clock; he swore a great oath, that as he could not have his ends of me, he would have my things.

What did he knock you down with? - His fist; I fell upon my left side; he took my hat, a sattin cloak, a striped lawn apron, and two handkerchiefs, one was about my head, and the other about my neck; when I recovered myself, he was gone.

Did the blow take away your senses? - Yes; I was not sensible for a few minutes, he carried my things off, I never saw any more of them.

Did he take away any money from you? - No.

Had you any money? - Yes; about eighteen pence in silver and three pence halfpenny in my pocket at the time, which he did not take.

Did he demand any money of you? - He did not.

When you treated him with the two pints of beer, did not he see that you had money? - I took out some halfpence to pay for them.

Did you take out your silver with your halfpence? - I cannot justly say; I went home.

Did you know where the prisoner lodged? - No; this happened on the 4th of June, which was a Tuesday, and I did not know till the Sunday following; I went to the justices on Monday, when I found where to get him.

Where did he lodge? - Some where about St. Giles's; I went up Tottenham-court Road and found where he worked, and brought an officer with me to take him; I found out where he resorted on the Sunday.

When was he taken up? - On the 28th of July.

Have you ever recovered your things since? - No, none of them; he sent me a letter that he would pay me so much a week for them, since he has been in hold.

JOHN YOUNG sworn.

I took the prisoner on the 28th of July; he was asleep on the flap of a cellar window-shutter in Tottenham-court Road, facing the Flying Horse; the prosecutrix applied to me on the Sunday after the robbery; I had not an opportunity to go with her then, I had several prisoners in the house; I sent her to another officer, Charles Grubb ; after that, I gave an account to several watchmen, who knew him very well, to desire them to take him if they could find him.

Did you find out where he lodged? - In Church-street, as I was told; but he had left that lodging.

PRISONER's DEFENCE.

The prosecutrix has been kept up by this man all the time to come against me; I saw her at the justice's, the runners wanted a shilling of her for taking me down to gaol; she had not a farthing; she went to this man, and borrowed a shilling of him to take me to gaol, to pay the runner: I want the man examined that belongs to the house where this woman and I met; his names is James Glannan .

COURT. What is this about this shilling?

HUGHES. I had not a shilling, therefore I borrowed one of the gentleman I have worked for three years.

FOR THE PRISONER.

JAMES GLANNAN sworn.

I know the prisoner and prosecutrix; she came into my house at night; I cannot tell the day of the month.

Where do you live? - In Dyot-street, St. Giles's: it might be between seven and eight, I was very ill a-bed with a bad leg; she was pretty much in liquor; the prisoner came in after a boy that he had fell out with, they had struck one another; the prisoner ran after the boy into my passage; and I got up out of bed

and turned the prisoner out of doors; my wife asked me who it was, I said it was Dick Etherington , this woman said, for God Almighty's sake let me see him, for his mother and he were very good to me, when I was in my distress; they lodged with me and my brother; she insisted that he should come in; I said, he should not; at last he came in; she sent for a pot of beer to make him drink, and talked a good while, and she was laughing and joking with him; she put both her hands about his neck and kissed him two or three different times; when the pot of beer was out, he insisted upon sending for another, but she would not let him; she sent for another, and she swore she would be d - d if she had but one sixpence in the world, but that he should have half of it.

Was she a little elevated at this time? - Yes.

Half gone? - She was almost three parts gone, I believe; after two pots of beer, she was getting a little better; he sent for the third pot; I told my wife that they should have no more beer, for I wanted to go to my rest: she was to go to the Three Tuns at the top of Monmouth-street, and she insisted that he should go along with her to see her safe home; they went both out of my house together, and I never heard any thing more of them till the Saturday night; she then came along with an acquaintance, and said, that Etherington had robbed her in Drury-lane at the end of Brownlow-street, of her cloak, her hat, and her apron, and eighteen pence, I think, in money.

To the Prosecutrix. Was it this man's house that you were at that Tuesday night? - Yes, it was.

Did you go there the Saturday following? - Yes, to enquire after this lad.

Did you go before the Saturday to enquire after him? - No, I did not.

This man swears that you told him you was robbed, not only of your cloak, and hat, and apron, but of eighteen pence in money? - Not a farthing in the world.

Did you tell the man so? - I did not.

To GLANNAN. Are you sure she told you that? - I am; and more, she said she had it in her hand, and said, Dick, for God's sake here is all the money I have; and she said, that he took the buckles out of her shoes; and when he looked at them, because they were plated, he would not take them.

What cloaths had she on at your house? - A black cloak, white apron, and black hat.

To the Prosecutrix. Were they all black? - Yes; and the hat had a white lining in it.

JURY. She mentioned a letter sent to her by the prisoner, we should be glad to hear it; have you the letter about you? - Yes; here it is (producing it).

COURT. Is the letter the prisoner's handwriting? - I don't know.

COURT. Then it cannot be read.

GUILTY . Death .

Tried by the Second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17760911-59

686. JOHN HAGEN, otherwise EGAN , was indicted for forging and counterfeiting a certain paper writing, purporting to be an order for delivery of goods , in which said paper writing are contained the words following, (that is to say):

Let me have five thousand of sixpenny, the same as I had before, and five thousand of twenty penny.

WILLIAM RICE .

with intention to defraud John Swindell , against the statute.

2d Count. For uttering and publishing as true the same order, knowing it to have been forged, against the statute, &c. July 19th .

'The offence charged in the indictment was

'not the offence meant to be punished by the

'act upon which the indictment was drawn:

'the prisoner was detained, to be tried for

'obtaining the goods by false pretences.'

NOT GUILTY .

Reference Number: t17760911-60

687, 688. ANN CLARKE, otherwise MARY NASH , and REBECCA TILNEY , were indicted for burglariously breaking and entering the dwelling-house of John Fisher on the 4th of May , about the hour of one in the night, and stealing two pewter dishes, value

2 s. ten pewter plates, value 5 s. a brass pot, value 2 s. three flat irons, value 3 s. a brass warming-pan, value 5 s. four brass candlesticks, value 1 s. a brass pestle and mortar, value 2 s. a linen quilt, value 1 s. a blanket, value 6 d. a linen sheet, value 1 s. a cane, value 5 s. a pair of womens ruffles, value 6 d. a white stomacher, value 1 s. two linen clouts, value 1 d. four china cups, value 1 s. four wine glasses, value 6 d. a child's mantle, value 2 s. and two silver tea spoons, value 2 s. the property of the said John, in his dwelling-house .

JOHN FISHER sworn.

I am a watchmaker , and live opposite the George on Little Saffron Hill ; the prisoner Nash, and a man that passed for her husband, lodged in my house: on the 3d of May, I was obliged to go to Edmonton to serve in the militia; my things were all in the kitchen; I nailed up a door between the kitchen and their room before I went; there was nobody in the house that could go in that way but Nash and the man she lived with; I came home about three or four days after for a clean shirt, and found a pannel of the door broke, and the things mentioned in the indictment gone (repeating them): I found the tea spoon at a pawnbroker's in Long-lane, and the mantle at one Mr. Harrington's, pawned by Rebecca Tilney .

[The spoon and mantle were produced in Court, and deposed to by the prosecutor.]

SAMUEL HARRINGTON sworn.

I am a pawnbroker: I took in this mantle of Rebecca Tilney , on the 16th of May.

ELIZABETH JOHNSON sworn.

I have a sheet and some odd things I bought of Ann Nash , I think the latter end of June, or the beginning of July; I keep a cloaths shop.

CLARKE's DEFENCE.

The prosecutor had an old woman to keep his house; he left her in the house without any thing to subsist upon, and she was obliged to pawn the things.

TILNEY's DEFENCE.

Clarke gave me the things to pawn; I gave her the money.

CLARKE GUILTY of stealing to the value of ten-pence . W .

TILNEY NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-61

689. MARGARET FLINN was indicted for stealing a pewter pint pot, value 10 d. the property of Henry Stevens , August 28th .

HENRY STEVENS sworn.

The prisoner came to my house and called for a pint of beer; when she went out, I observed she had a pot in her hand; one Kinnister and I watched her, and saw her put it in her pocket and go home with it; we followed her, found the pot upon her, and charged the constable with her.

' MATTHEW KINNISTER confirmed

'the prosecutor's evidence.'

[The pot was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I was very sick and could not drink all my beer, and thought I would take the rest home; I did not mean to keep the pot.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-62

690. FRANCIS BENSON was indicted for stealing a pair of worsted stockings, value 2 s. the property of John Jones , August 22d .

'There was no evidence of his taking the stockings.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-63

691. JOHN LIDDALL was indicted for stealing a linen handkerchief, value 10 d. the property of Richard Hand , July 20th .

RICHARD HAND sworn.

On the 20th of July, between nine and ten in the evening, upon Snow-hill , I felt a person at my pocket; I turned round and saw my handkerchief between the hand of the prisoner and the ground; I collared him, and took him to the watch-house.

JOHN DARWELL sworn.

I was coming down Snow-hill, and saw the prisoner take the handkerchief out of Mr. Hand's pocket; we secured him and delivered the handkerchief to the constable.

[The handkerchief was produced in Court by Thompson the constable, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

The handkerchief lay by me; I did not know who took it.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-64

692. MARY MARTIN was indicted for stealing a piece of blond lace, twenty eight yards, value 28 s. the property of John Spencer , August 7th .

'It appeared in the evidence that the lace

'charged to have been stolen was silk, and not

'blond lace.'

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-65

693. ELIZABETH the wife of William WINSPEAR was indicted for stealing a man's hat, value 10 s. the property of William Felton , August 10th .

WILLIAM FELTON sworn.

On the 10th of August, about nine in the evening, the prisoner came into my shop and asked to look at a hat: I desired her to sit down, the shop was full of customers; there was a hat near her that was brought to have the cock altered; after she had been gone some time, I was informed that a person was stopped in Bride-lane with a hat upon her; I went and found the prisoner with the hat that was brought to be altered; she went down on her knees, and begged I would forgive her.

JOSEPH SPENCER sworn.

I saw the prisoner come out of Mr. Felton's shop with a hat concealed under her apron; I followed her down Bride-lane; there she took out the hat to look at it, and I stopped her; I charged a constable with her, and sent for Mr. Felton.

[ Joseph Thompson the constable produced the hat in Court, which was deposed to by the prosecutor. ]

PRISONER's DEFENCE.

I took the hat by mistake.

GUILTY of stealing to the value of 10 d. W .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-66

694. JOHN MILBOURN was indicted for stealing a muslin gown, value 10 s. two muslin aprons, value 6 s. a linen shirt, value 3 s. a pair of cotton stockings, value 1 s. a silk handkerchief, value 1 s. two linen handkerchiefs, value 1 s. and a silver tea spoon, value 2 s. the property of Daniel Saville , July 8th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-67

695, 696. RICHARD HYE and THOMAS BOSWELL were indicted for stealing a carcase of mutton 49 lb. weight, value 12 s. the property of Edward Webb , September 11th .

EDWARD WEBB sworn.

I am a watchman of Aldgate market ; I have the charge of the meat in the market, and am answerable for it if any is lost; I did not see the mutton taken.

SAMUEL WEBB sworn.

At four o'clock in the morning, as I was walking backward and forwards in the market, I saw the two prisoners take the carcase off the hook; when they saw me, they threw it down on a block next door to where it hung, and made off; I called stop thief, and they were taken directly; I am sure the prisoners are the men.

BEMJAMIN PEARCE sworn.

I am a watchman; I heard the cry of stop thief, Boswell passed me; I shuck at him, but missed him; the other prisoner came up, and we took them both.

'The prisoners called two witnesses, who gave them a good character.'

BOTH GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-68

697. ROBERT ROBERTS was indicted for stealing a linen handkerchief, value 10 s. the property of William Palethorpe , August 14th .

WILLIAM PALETHORPE sworn.

Coming out of Cloth Fair into Smithfield, I felt a twitch at my pocket, and immediately missed my handkerchief; Mr. Wilcox tapped me on the shoulder and told me my pocket was picked, he had secured the prisoner; my handkerchief was lying on the ground by him.

[The handkerchief was produced in Court, and deposed to by the prosecutor. ]

TYRRELL WILCOX sworn.

I saw the prisoner put his hand into the prosecutor's pocket and take his handkerchief out, and endeavour to give it to another man; I secured him, and he dropped the handkerchief; I informed the prosecutor of it.

PRISONER's DEFENCE.

I was never near the gentleman's pocket.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17760911-69

698, 699, 700. GEORGE CUTHBERT , DANIEL EAST , and THOMAS COOK, otherwise GRIFFITHS , were indicted for stealing 20 lb. weight of white and coloured Belladine sewing silk, value 30 l. 2 lb weight of yellow weaving silk, value 3 l. eight oz. weight of other sewing silk, value 12 s. and six oz. weight of coloured marking silk, value 16 s. the property of Ephraim Ward , July 11th .

[The witnesses were examined apart at the request of the prisoner.]

JAMES SAYWELL sworn.

I am a servant to Mr. Brent, a silk-man in Cheapside, who had sent this parcel of silk to be transmitted by the Oxford waggon to Mr. Smith at Oxford; I packed it up, and desired the shop-boy to carry it to the Oxford Arms Inn, in Warwick-lane, which I understand he did, and delivered it to the book-keeper on the 10th of July: the next morning the master of the waggon informed me that the silk was stole out of the waggon; I attended at Sir John Fielding 's, and swore to the particulars of the silk which were contained in that bundle; the silk was of the value of 41 l. 9 s.

WILLIAM WALKER sworn.

I carried the silk to the Oxford Arms, and delivered it to the book-keeper to go by the Oxford waggon.

JOHN WHITE sworn.

I am book-keeper at the Oxford Arms Inn: I received the parcel of the last witness, and entered it in the usual manner in the book belonging to the waggon; I delivered it to Ephraim Wood the waggoner.

EPHRAIM WOOD sworn.

I received a paper parcel containing silk from my servant, directed to Mr. Smith at Oxford; I loaded it in the waggon myself on the 10th of July, at the Oxford Arms; it was taken out of the waggon on the road at Shepherd's-bush on Thursday morning; I was going down to Oxford in the coach; I met the waggoner returning to London, about thirty yards beyond Tyburn-gate with the silk in a bag; he informed me that three men had stolen it, who were in custody at Shepherd's-bush: the three prisoners were brought in a cart to Sir John Fielding 's, charged with stealing the silk; the paper parcel of silk was packed up in a large hamper which stands in the middle of the waggon; it is usual to have a large hamper in the middle of the waggon for the reception of small parcels; there was a lid upon it, but I cannot be certain that the lid was fastened down.

JOHN EVANS sworn.

I am a farmer at Shepherd's-bush: on Thursday the 10th of July last, about a quarter before six in the morning my wife was disturbed; she got up, and saw one of the prisoners throwing at the fowls; she spoke to

him, he b - d her eyes and limbs; before she left the window, the other two prisoners came up, one had a bundle in his hand; I then got up and went to the window, and thought they were suspicious persons; I hurried on my cloaths, went down stairs, and called up my son and servant, and bid them run after those men, for I was sure they had got something they had stolen; when they came into the road, the prisoners shuffled off as fast as they could with the bundle; when they had got about 200 yards towards the high road from London, my son and servant went after them; they left the high road, turned down a lane together that leads to Harrow; my son and man ran after them; I came to the end of the lane, then they were within 30 yards of them, upon which I called out, stop thief; then the prisoners turned round and we came up to them; we each took his man; the bundle was then in the possession of one of the prisoners; I saw the bundle was directed to Mr. Smith of Oxford; we took the prisoners to the White Horse, and found that the Oxford waggon was gone; we sent after the waggoner and he came to the White Horse, and informed us the parcel had been packed up in the waggon by his master: the prisoners were brought before Sir John Fielding and committed.

Meredith the constable produced the bundle of silk, which was deposed to by Walker the book-keeper, and the waggoner.

CUTHBERT's DEFENCE.

A servant of Evans's at Sir John Fielding 's said he saw me find it.

Evans said nothing in his Defence.

COOK's DEFENCE.

I had been of a message to Eaton, I met Cuthbert by accident on the road, and knowing him I assisted him to carry the bundle.

ALL THREE GUILTY .

Tried by the London Jury before Mr. Baron PERRYN .

[Imprisonment. See summary.]

Reference Number: t17760911-70

701. WILLIAM WEBB was indicted for that he, in a certain field and open place near the king's highway, in and upon Abraham Shephard did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 6 s. in money numbered, the property of the said Abraham , August 29th .

The story told by the prosecutor was so very improbable, that there was great reason to fear that the prosecution sprung from very improper motives.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron PERRYN .

Reference Number: t17760911-71

702. PETER DAVIES was indicted for committing a rape on the body of Martha Tedman , a child of six years of age, against the statute, August 29th .

There was no evidence to prove the charge but the testimony of the child, who was not of sufficient age to be examined upon oath.

NOT GUILTY .

Tried by the Second-Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-72

703. JOHN BOWEN was indicted for stealing a linen shirt, value 3 s. a lawn stock, value 1 s. and a pair of black silk stockings, value 10 s. the property of William Hardy , July 16th .

WILLIAM HARDY sworn.

I lost the things mentioned in the indictment out of my box at a public house in Petty-France ; I went to my box and found the lock wrenched off; the prisoner was taken on the 16th of July in the Park with my shirt, stock, and silk stockings on him.

HENRY JAMES sworn.

I took the prisoner and found the things on him, I have had them ever since.

[They were produced in Court, and deposed to by the prosecutor.]

The prisoner in his defence said, the things were his own property, and called several witnesses, who gave him a good character.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-73

704, 705. THOMAS NELSON and JOHN SMITTEN were indicted for burglariously breaking and entering the dwelling house of Mary Harman on the 19th of August, about the hour of ten in the night, and stealing seven red and white linen handkerchiefs, value 10 s. the property of the said Mary in her dwelling house .

MARY HARMAN sworn.

I keep a shop in Princes-street, Westminster : on the 19th of August , about a quarter after nine o'clock at night, as I was sitting in my parlour behind my shop, I heard my window break; I went to the door, found my window was broke, and missed seven handkerchiefs.

HENRY JONES sworn.

I apprehended Nelson and found one handkerchief upon him; I went immediately to Smitten's lodgings in Drury-lane and took him, and found five handkerchiefs in his box.

How do you know it was his box? - I found cloaths in it which I have seen him wear.

[The handkerchiefs were produced in Court, and deposed to by the prosecutrix.]

William Stone who was with Jones at the apprehending of Smitten confirmed his evidence.

JOHN ROSE sworn.

I live at a public house: as I was carrying beer out on the 19th of August about nine at night, I saw the two prisoners standing with their backs to Mrs. Harman's window; I believe it was them, I had never seen them before.

Mrs. HARMAN. When they were before the justice, Nelson said, that he broke the window and took the handkerchiefs out; I asked him to tell me where the rest of the handkerchiefs were; he said, no, he must suffer for the fact, and he would tell me nothing; Smitten denied the fact.

WILLIAM ALLEN sworn.

I saw Thomas Nelson break the window, and the other take the handkerchiefs; it was about a quarter after nine at night.

NELSON's DEFENCE.

I bought the three handkerchiefs of a man in the street.

SMITTEN's DEFENCE.

I know nothing of it.

FOR SMITTEN.

JOHN SMITH sworn.

The prisoner Smitten was an apprentice to me; the night the things were stolen he was not out of the house; I am a patten-maker.

JOHN PAUL sworn.

I work journeywork with Smitten's master: on the 19th of August I worked till a quarter after nine; my master and Smitten were then at supper as usual; I staid till about ten, he was not out all that time.

JOHN BEVERLEY sworn.

I have known Smitten five months, he has a good character.

BOTH GUILTY of stealing to the value of 10 d.

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-74

706. ANN FARMER was indicted for stealing a gold necklace, value 21 s. the property of Christopher Brown , August 9th .

CHRISTOPHER BROWN sworn.

On the ninth of August the prisoner came into my shop and asked to look at a gold necklace that hung in the window, I shewed it to her; my man came to me and told me a person wanted me; I left the woman, and after she was gone my man informed me, he missed the necklace; we went in search of her, and found her at a lodging; I saw the necklace about an hour after at Sir John Fielding 's. (The necklace produced in Court.)

ROBERT DIBLEY sworn.

I know this is my master's necklace, and that the prisoner is the woman that asked to look at it.

JANE GORDON sworn.

I was in the prosecutor's shop pledging a pair of stockings; I saw the prisoner with the necklace in her hand, and saw her go out with it.

MATTHEW SWIFT sworn.

I am a constable: I took the prisoner and searched her; when I was going to bring her away, she ran into the next room, and fell a kissing a woman that was lying-in; the woman called, for G - d's sake come in, for I believe she has thrown the necklace behind

the fire; I went in and found it behind the fire.

PRISONER's DEFENCE.

I am innocent; I never did such a thing in my life.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-75

707. ISAAC SMITH was indicted for stealing seven yards of linen cloth, value 15 s. a man's hat, value 5 s. a pair of silk stockings, value 2 s. four crown pieces, one silver milk pot, value 15 s. three gold rings, value 10 s. three pair of steel snuffers, value 2 s. a gold hat button, value 1 d. a gold hat loop, value 1 d. and a watch case made of metal, value 1 s. the property of William Fearne , in the dwelling house of Thomas Lawrence , May 28th.

WILLIAM FEARNE sworn.

I am a steel-snuffers and watch chain-maker ; I lodge in the house of Thomas Lawrence , at No 2, Queen's-street, Tower-hill ; the prisoner lodged in the same house, and worked journeywork with me: on the 28th of May I went out to spend the evening; his wife came to me and said, she had been robbed, and desired me to come home and see if my things were all safe; I came home and found the lock of my bureau strained, so that it was with difficulty that I got it open; I missed the milk pot and the spoons; I searched farther and missed the rest of the things mentioned in the indictment; I went in pursuit of the prisoner and took him at Yarmouth, and found the hat on his head, the neckcloth on his neck, the watch-case and gold button and loop in his pocket, and the silk stockings he had on.

JOHN TURNISS sworn.

I keep a hardware shop in Moorfields; I bought three pair of steel snuffers of a man like the prisoner; I cannot swear he is the man.

[They were produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I took the hat by mistake; I know nothing of the other things.

GUILTY of stealing to the value of ten pence .

W .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-76

708. JOYCE the wife of Henry BROWN was indicted for stealing a linen table cloth, value 1 s. two linen aprons, value 2 s. a flat iron, value 6 d. and a linen napkin, value 6 d. the property of Hugh Wright , September 2d .

SARAH WRIGHT sworn.

My husband is a gentleman's servant : I had these things to wash; the prisoner washed for me; I missed them out of the wash.

ELIZABETH GLADE sworn.

I am a pawnbroker: I took in pawn a white apron and some other things of the prisoner; she pledged them in her own name.

[The things were produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I leave it to the mercy of the court.

GUILTY of stealing to the value of ten-pence . W .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-77

709, 710. ANN WYBURN, otherwise LONG , and THOMAS FROGITT were indicted, the first for stealing a silver watch, value 36 s. a silver seal, value 2 s. and one steel watch chain, value 1 s. the property of Richard Shellito , and the other for receiving the above goods well knowing them to have been stolen , against the statute, September 10th .

There was no evidence to convict the principal.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-78

711. HENRY DANIEL was indicted for forging and counterfeiting a certain writing partly printed and partly written, purporting to be an order for payment of money , in which said writing are contained the words and figures following; that is to say,

London, June 1776. 5

Bartholomew-Lane.

Messrs. Marlar, Lascelles, Pell, and Down pay to Mr. Welch or Bearer twenty-one pounds seven shillings for

And. Donalson .

21 7 0

with intention to defraud the said Andrew Donaldson against the statute, &c.

2d Count. For uttering and publishing the said order as true, knowing it to have been forged, against the statute, &c.

3d Count. For forging and counterfeiting the said order with intention to defraud John Marlar , James Pell , and Richard Down , against the statute, &c.

4th Count. For uttering and publishing the said order as true, knowing it to have been forged, with the like intention, against the statute, &c. July 12th .

MARMADUKE LANGLEY sworn.

I keep a stall in Leather-lane: on the 12th of July the prisoner came to me with a pair of shoes to heelpiece, and told me to do them as quick as I could; this was about eleven o'clock; he came again about half after twelve and asked if I could recommend him to an honest porter to carry money; I recommended myself to him; he told me I must make haste; he took me to the Fleet-market, and gave me a note which I was to carry to a banker's, I forget the banker's name; he directed me to the house, it was the first turning on the other side of the bank, and the first house on the right hand; I went and laid the note upon the table, and one of the gentlemen took it up, and told me it was a forged note; I left the note at the bankers, and one of the gentlemen came with me, and had the prisoner taken; he is the man that gave me the note.

EDWARD TUTE sworn.

I am clerk to the bankers: on the 12th of July, about twelve in the morning, the last witness tendered a note for payment; immediately as it was tendered I saw it was not Mr. Donaldson's writing; I told him I believed he had brought a forged note, and it would give him some trouble; he said he had it of a young man that came to his stall.

[The note was produced and read.]

I am perfectly sure it is not Mr. Donaldson's hand writing; I have seen him write, he writes a free bold good hand, that is a cramp hand; it has not the least appearance of being his hand writing.

LANGLEY. That is the note I took to the banker's.

To TUTE. What is Donaldson? - A merchant ; he keeps money at our shop; if it had been a genuine draught we should have paid it.

JAMES DUNSFORD sworn.

I was present at the time the note was tendered; I know Mr. Donaldson's hand writing, I have seen him draw draughts; I am sure this is not his hand writing.

PRISONER's DEFENCE.

I am innocent of it; I did not write it, nor know it to be forged:

'He called four witnesses, who gave him

'a good character.'

GUILTY. Death .

Tried by the First Middlesex Jury before Mr. RECORDER.

He was recommended by the Jury to his Majesty's mercy .

Reference Number: t17760911-79

712. JAMES GRAHAM was indicted for stealing a silk gown, value 21 s. two black silk cloaks, value 21 s. a pair of silver shoe buckles, value 12 s. one pair of silver knee

buckles, value 3 s. a pair of copper shoe buckles plated with silver, value 1 s. a pair of copper knee buckles plated with silver, value 6 d. a pair of women's green stuff shoes, value 1 s. and two silver tea spoons, value 2 s. the property of Lucy Steward , spinster; a striped silk lutestring gown, value 10 s. a white sattin cloak, value 10 s. a white silk petticoat, value 10 s. a worked lawn apron, value 3 s. two pair of muslin ruffles, value 3 s. a gauze apron, value 1 s. a pair of gauze ruffles, value 1 s. a pair of women's green stuff shoes, value 1 s. a pair of women's black stuff slippers, value 1 s. a silk stomacher, value 1 s. and a linen handkerchief, value 1 s. the property of John West , in the dwelling-house of Lucy Steward , September 1st .

LUCY STEWARD sworn.

I keep a lodging-house : Frances West lodges with me; her husband, John West , has not been with his wife for near four years; the prisoner came to my house for a lodging; I agreed he should have a lodging, which he was to pay for; he said he should go by six o'clock in the morning; the shoe buckles, knee buckles, and other things mentioned in the indictment, were in my kitchen and another room; I had seen them that day; the prisoner was gone by six o'clock in the morning without speaking to any body, and without paying for his lodging; then I found that these things were missing; the prisoner lodged in a room where some of West's things were.

FRANCES WEST sworn.

I lodge in the house of Lucy Steward : I am the wife of John West ; I saw most of the things that are laid in the indictment to be my property; I went out at ten o'clock, I did not come home till eight the next day; the prisoner was; ut to lodge in a room where some of my things were, which I missed.

HENRY LYON sworn.

On the 1st of September about four in morning, the prisoner was brought to my house by the patrol; he produced a bundle of things which he had offered to sell; I secured the bundle as I suspected the contents were stolen; he was examined afterwards at the watch-house, and in his pocket the silver tea spoons and the silver knee and shoe buckles were found; I have had the custody of them ever since.

[They were produced in Court, and deposed to by Steward and West.]

JOHN HOLLINGSWORTH sworn.

I met the prisoner in the street about four o'clock; he asked me where the Jews meeting was; I told him I supposed he meant the Jews Synagogue; I asked why he wanted to know that? he said, he had things to dispose of, because he was going to America, and had heard that the Jews trafficked on Sundays; I took him to Mr. Lyon's, where the bundle was produced.

' JOHN DOWLAND , who was with Hollingsworth

'at the time, confirmed his evidence.'

'The prisoner did not say any thing in his

'defence.'

GUILTY of stealing to the value of thirty-nine shillings .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17760911-80

713. ELIZABETH WILLIAMS was indicted for stealing seven yards of printed linen, value 14 s. the property of Robert Womersley , August 9th .

The prosecutor is one of the people called Quakers, he would not take the oath, and his affirmation could not be admitted; there was no other evidence against the prisoner.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-81

714. JOHN MORTON otherwise WHARTON was indicted for stealing a printed book, intitled Syphillis, a practical dissertation on the venereal disease, &c. value 18 d. and four other printed books, value 2 s. the property of William Oxlade , September 2d .

WILLIAM OXLADE sworn.

I keep a book stall in Holborn ; this book Syphillis was on a stall, which I kept a little girl of eight years old to look after; I was up

stairs for about ten minutes, when I came down I missed it.

GEORGE MILES sworn.

On the second of September I bought this book of the prisoner.

[The book was produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I bought the book among some cloaths of an old cloaths man.

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

Reference Number: t17760911-82

715. MARY SAMPSON was indicted for stealing a silk hat, value 8 s. and a cheque apron, value 2 s. the property of Frances Brandley , May 9th .

The prosecutrix was called but not appearing, her recognizance was ordered to be estreated.

NOT GUILTY .

Reference Number: t17760911-83

716. RICE POWELL was indicted for stealing a velvet communion table cloth fringed with gold, value 5 l. a velvet pulpit cloth fringed with gold, value 2 l. a velvet cushion fringed with gold, value 1 l. and one velvet desk cloth fringed with gold, value 2 l. the property of the inhabitants of the parish of Bray in the county of Berks , August 25th .

By mistake, the indictment was found in Middlesex, whereas it ought to have been in London .

NOT GUILTY.

Reference Number: t17760911-84

717. CHARLES PIPKINS was indicted for burglariously breaking and entering the dwelling house of Alice Watson , widow , on the sixth of September, about the hour of one in the night, and stealing a watch in a metal case covered with tortoiseshell, value 40 s. two silk purses, value 6 d. and 16 l. 16 s. in money numbered, the property of the said Alice in her dwelling house .

ALICE WATSON sworn.

I have a house at Finchley , and another at London; I slept at Finchley on the sixth of September ; my maid screamed out and said, there were two men coming in at the widow; immediately I saw the prisoner at the bar go to the chimney and take out a lamp that was burning there, he came directly to my bedside with a hanger in one hand and the lamp in the other; another man who was at the window upon a ladder swore very much, and bid him blow my brains out; I told the prisoner, if he would not use me ill, I would give him my money immediately, he said he would not: by the light of the lamp I saw his face and dress very plain; I gave him my money, he seemed greatly frightened and dropped his hanger and purse; he stooped to take it up again, and then he saw my watch in a chair which he picked up; the other fellow bid him go into the next room, I begged he would not, that my daughter was sick in that room, and that there was nothing there for them; he did not go into the other room, he went out at the window again and took the lamp with him.

How was he dressed? - In a soldier's old coat with blue cuffs, a flapped hat; he had his own hair as he wears it now; his coat was lapelled with blue.

Did you take notice of his face? - Very plain.

Do you swear to his face? - I do, and do it very safely.

How long after was it that he was taken? - Not till the Tuesday, it was the Saturday I was robbed; I saw him upon the Tuesday, I recollected him as soon as ever I saw him.

Without being pointed out to you? - O yes.

Cross Examination.

Did you know the prisoner before? - No.

He was but a very little while in your bed room? - No, a very little while.

I apprehend you was greatly frightened? - I cannot say I was, I was more frightened afterwards.

I believe, madam, your eyes are not extraordinary good, as you are a very elderly lady? - If a person is near me I can see very well.

You say he had a flapped hat on, that must prevent your seeing some of his face? - He pushed up his hat when he stooped to pick up the guineas.

This was a lamp? - Yes.

Lamps generally give a very dim light, much worse than a candle? - That gave a very good light.

You don't speak with exactness I suppose to the time? - It was between one and two, nearer two than one; I went into my daughter's room after he was gone out of the window, and my servant was gone to alarm the neighbourhood, and then the clock struck two; that was not above a quarter of an hour after he was gone.

MARY EDMEAD sworn.

I am Mrs. Watson's servant, I sleep in the same room with my mistress; on Saturday the sixth of September a noise at the sash of the window waked me, I kept looking at the window, I thought I saw a man; I heard the sash go up higher, I looked at the window and saw the man's face through the glass, and his hand putting the window up; I jumped out of bed and screamed out to my mistress, and jumped into her bed; the man came in at the window directly, the man on the outside bid him blow my brains out; the man I saw first come into the room, took up the lamp and brought it to the bedside, the man at the window bid my mistress give him her money, or else the man should blow her brains out; she desired him not to hurt her and she would give it directly: he dropped some of it, he stooped to pick it up, my mistress after that gave him another purse that had some more in it; when he stooped down to pick up the money, he saw a watch in a chair, he took that, and then he went out at the window again.

How was he dressed? - In soldier's cloaths, with blue lapels and blue cuffs; his hair was down over his forehead.

Do you know the man again? - Yes; I am sure the prisoner is the man, I saw him again on the Tuesday following, I knew him as soon as ever I saw him again.

Cross Examination.

Who saw him first on the Tuesday, your mistress or you? - I saw him first.

You was very much frightened I apprehend? - I was.

Then how can you take upon you to swear with precision to the identity of the man, you did not know him before? - No; but I took particular notice of him when he was at the bedside.

Can you take as much notice when you are very much frightened as at another time? - I kept looking at him the time he was at the bedside.

You are very sure it was a red coat with a blue lapel? - Yes.

HENRY POTTER sworn.

I am servant to Mr. Flockton: a gentleman came down to me to Barnet when I was there, last Monday morning, and asked me if I knew such a person as one Charles Pipkins ; I said, I did not know him by his name; he described him to me, as carroty hair'd, wearing soldier's cloaths, and beating a drum; I said I did know him; he asked me if I knew where he lay on Friday night, I said I did not; said he, what time did you see him? I told him the last time was in the evening, that I saw him at eight in the morning, and saw him no more till I saw him at Sir John Fielding 's.

To the Prosecutrix. Was this the Saturday morning or the Sunday morning? - Saturday morning.

To POTTER. Where did you see him on Friday night? - Close to our place at Barnet.

How far is that from Finchley? - Four or five miles.

What time did you see him then? - Half after eleven; I saw him at eight next morning.

Cross Examination.

When you went to bed you left him in your booth? - Yes.

And saw him there again in the morning? - Yes; about eight.

Now had the prisoner the same coat on then that he has now *? - Much like to it.

* The Coat the prisoner wore on his trial had a blue collar, but neither blue cuffs nor blue lapels.

One of the same kind? - Yes.

RANDOLPH HOLYWELL sworn.

I am gardener to Lomax Ryder, Esq; at Finchley: yesterday was se'nnight Mrs. Watson's maid described to me the person that had robbed Mrs. Watson on Saturday morning; I then said, I believed I had seen such a man, and that I suspected him; the next morning I thought it proper to acquaint a magistrate with my suspicion; I went to Justice

Matthews of Finchley; he ordered the person to be apprehended, because I said I suspected him to be the man.

What was the description? - The description Mrs. Watson's maid gave me of the man was, that he was tall, dressed in a soldier's coat rather shabby, with either blue or green cuffs, and a blue collar, with blue lapels; her mistress could not say whether it was blue or green, but she believed it was blue.

What did she say as to his hair? - I remember she said he was a tall man, and of a pale face.

What part of this description did you think applicable to him? - This day fortnight I had seen the prisoner near a house of my master's; I thought the description of the person and the cloaths agreed very much; I had seen him in a neighbour's house very near my master's, this day fortnight; he was dressed in a dirtyish red coat, a blue collar, and cuffs upon his sleeves.

Are you sure of the blue cuffs? - I am; as to the lapels of his coat, I will not positively say that he had lapels, though I verily think he had, but the buttons of the coat were quite plain, and of a largish size.

Cross Examination.

You are speaking of this day fortnight, the Monday before this house was broke open? - Yes.

Had you any acquaintance with the prisoner before that time? - I had never seen him before, but I had heard of him.

CORNELIUS ELWOOD sworn.

I am servant to Mrs. Watson: after my mistress had been robbed, she called me up to call in the neighbours; we got up about two o'clock, I ran out; as I was going, I heard a drum beat; I came back again after I had called the people up, and they came back to my mistress; the prisoner has a drum, and drums about at a puppet show.

MICHAEL SWIFT sworn.

I am a constable: I had a warrant made special to me from Sir John Fielding's office, to go down to Harley-bush fair; the reason why he was sent to Barnet was, I asked him where he lay on Friday night, he said, at Mr. Flockton's booth at Barnet fair; that was the reason of one of Mr. Flockton's people coming up.

PRISONER's DEFENCE.

I lay the same night in Mr. Flockton's riding place of his booth, and I left my drum in the next booth, which is the drinking-booth; I have some witnesses by to prove it,

FOR THE PRISONER.

LUKE TOMPKINS sworn.

I keep a booth for my brother at Barnet fair: the prisoner came in on Friday night between eleven and twelve o'clock; he sat down at the fire and went to sleep; it was after one when I waked him, then he went out; I did not ask him where he went to.

Are you sure it was after one when he left the booth? - Yes, it was.

How long? - It might be ten minutes or a quarter of an hour.

To the Prosecutrix. How far is Barnet from your house? - Four mile.

To TOMPKINS. Had he the same coat on he has now? - He had.

COURT. Has there been no alteration in the coat? - No.

Are you sure the cuffs were the same then as now? - Yes.

HANNAH SUMMERS sworn.

I was at Tompkins's booth; I saw the prisoner asleep there that night at twelve o'clock; I was rather tired, and saw no more of him; we were waked between one and two, when the booth was to be shut up; I did not see him then.

'He called three other witnesses, who gave

'him a good character.

GUILTY . Death .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-85

718. JAMES MESSENGER was indicted for being at large before the expiration of the term for which he had been ordered to be transported , September 4th .

JOHN EVANS sworn.

[Produced a certificate from the clerk of the Peace of the conviction and sentence of the prisoner at Hicks's-hall, which was read.]

I took him on the former charge for stealing a copper; he was tried last October sessions, and received sentence of transportation for seven years; I am sure he is the person.

RICHARD FLOYD sworn.

On Wednesday se'nnight, I found the prisoner at large at a public house, the Cock at Clapton, and secured him.

PRISONER's DEFENCE.

I was at work there; I had been at work there for six months.

GUILTY . Death .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-86

719. THOMAS HOLLIS was indicted for that he in the king's highway in and upon Charles Harris did make an assault, putting him in corporal fear and danger of his life, and stealing from his person half a guinea and fifty shillings in money numbered, the property of the said Charles , June 9th .

[ The prosecutor and his witnesses were called, but not appearing, the Court ordered their recognizance to be estreated.]

NOT GUILTY .

Reference Number: t17760911-87

720. THOMAS HOLLIS and JOSEPH DAVIES were indicted for that they in the king's highway in and upon John Vaughan did make an assault, putting him in corporal fear and danger of his life, and taking from his person a silver watch, value 4 l. an iron chain, value 2 d. a brass watch key, value 1 d. half a guinea, and thirteen pence halfpenny in money numbered, the property of the said John , June 3 d .

[The prosecutor and his witnesses were called, but not appearing, the Court ordered their recognizance to be estreated.]

BOTH NOT GUILTY .

Reference Number: t17760911-88

721, 722, 723. ALICE CUNNINGHAM , ELIZABETH CUNNINGHAM , and ELIZABETH CLARKE , were indicted for stealing two guineas, two half guineas, a piece of foreign silver coin called a dollar, and 7 s. in money numbered, the property of Thomas Potter , in the dwelling-house of Alice Cunningham , August 22d .

THOMAS POTTER sworn.

I was robbed of two guineas, two half guineas, a silver Spanish dollar, and some shillings, I believe five or six: upon the twenty-second of August, about nine o'clock at night: as I was going down Hand-alley, the prisoner Clarke wanted to take me by the arm, Elizabeth Cunningham was before her, I would not let her take hold of my arm; when we came to a door near the end of Hand-alley , Cunningham stopped the other and they took hold of me, each by one hand, and pulled me through a doorway and a bit of a yard into a room; as soon as I was in the room they bolted the door, and asked me if I would give them something to drink? I told them no; they insisted that I should give them a quartern of gin, which I agreed to; I gave Clarke sixpence to fetch a quartern of gin; she brought it and the change and gave it me; they poured out a large glass of gin and asked me to drink it, which I refused, and desired they would open the door and let me go about my business; as soon as I had said that, they opened another door and let in Alice Cunningham ; then Clarke seized me by the handkerchief that was round my neck, and the other two seized me on each side by the collar; after she had pulled me by the handkerchief a good while, she insisted upon my giving her all the money that I had; I told them if they would not ill use me, probably I might give them sixpence or a shilling a piece; I thought if I took my money out, they might knock it out of my hand: I said, I would not give them any thing unless they would open the door; they would not do that, they began to insist upon having it by force; and when they had hung me till I was almost senseless, Clarke hit me on the nose and called me bloody b - r, and said, that they would not only rob me, but murder me: we had a struggle, they could not manage me rightly, and they let in another, which made four; that other woman seized me behind by the hair; they tore my shirt almost off, and if my coat had not been pretty strong, they would have stripped me as low as my breeches; I did all I could to save myself from being robbed;

but they at last put their hands into my pocket, I believe all of them; I put my hand in, and got what I could out of my pocket, which was a guinea, a half guinea, and two shillings and two halfpence, I believe, that I slipped down the thigh of my breeches.

What did you lose? - Two guineas, two half guineas, a silver Spanish dollar, and some shillings; they thought I had got something more, they got a knife, and insisted upon cutting my throat unless I would give them all I had; I was afraid the knife would cut me; I snatched it out of one of their hands, and it was not found by them any more, it flew out of my hand; I thought to run the knife through my handkerchief to cut it; I cried murder several times; I got to one of the doors, thinking to make my escape, and I believe there were a dozen men and women standing upon a stair-case in a passage; I found my best way was to lock the door, I did; then I went to the door I entered at; I catched hold of the top to pull it open, and I pulled the piece off that I laid hold of; one of them picked it up, and made a blow at my head; I catched it with my arm so luckily it missed my head; I got the door open; there was a man at the door who had on only his breeches, and shoes, and shirt; he begged they would not murder me, but let me go; but they all swore they would; they pulled me in again by the hair of my head, and would insist upon murdering me, so the door was bolted again; then we struggled a good deal more; they strove to get me upon the bed; I got from the bed and got to the door; at last I got hold of the door post with my hand; this man was begging at the same time of them to let me go; I got out, and I believe I took two of them out at the door that hung by my hair; the man told me if I did not get an officer and secure them, it was no matter if I was murdered; I said, I did not know where to go; he told me to go to the sign of the Ship; I went there, the landlord was very ready to go with me to see me righted; we went into the room where they were; we took two of them in the door-way; I found the two Cunningham's; I am certain they are the women; a little girl said, there was another, she believed, in the street; I went into the street, there were fifty or a hundred people there I believe; I saw Clarke there, and brought her back into the house.

Are you certain Clarke was one? - I am.

JURY. Did you give her money to fetch the gin? - Yes, 6 d. and she gave me the change.

You had been there before I suppose? - No, I had not.

From ALICE CUNNINGHAM . Who was in the house when you was brought in? - There was a room with a candle in it; nobody was in the room.

Who was in the house when you had the liquor? - Nobody but those two girls.

Who fetched the liquor? - Clarke.

JOHN MANSFIELD sworn.

I live in the next house to where this happened: I had got my waistcoat and my stockings off, and was going into bed, when I heard the prosecutor cry out murder; when he first of all attempted to break the door open, he broke a piece of the door off, and could not get out; they insisted upon having more money from him; he offered to give them six-pence or a shilling, which they refused; and one said to another, Now, d - n you, you bitch, where is your heart? you have got no heart in your belly at all: at last the gentleman got the door open; I told him to go and call an officer, and directed him to Mr. Moffatt's house, the Ship in Petticoat-lane.

THOMAS WITHERS sworn.

I am a constable: I was called down into Gravel-lane, where this gentleman was robbed; when I went in I saw Alice and Elizabeth Cunningham in the room; Clarke was there at the same time, but she got out backwards; I searched them, I found 2 s. 2 d. 1/2. upon Alice Cunningham , and while I was searching her, Mr. Moffatt gave me a guinea and a shilling, that he said he had from Elizabeth Cunningham ; I searched Elizabeth Cunningham , and while I was searching her, I perceived she had something in her mouth; I let alone her mouth, till I had searched her, and then I observed her put the money out of her mouth into her hand; I seized her hand directly and took half a guinea and some silver out of her hand; I searched the bed, I found nothing in it; I turned up the

bedstead and there I found this Spanish dollar upon the floor; a guinea was found in a pail that had some water in it.

POTTER. I believe this to be the dollar that I lost; but I did not make any mark upon it.

WITHERS. This knife was found in the room (producing a case knife without a handle.)

POTTER. This is the knife they threatened to cut my throat with.

HENRY MOFFATT sworn.

I keep the Ship alehouse: Potter came to my house for help; I went with him directly; I laid hold of the two Cunninghams, Clarke got off in the mean time; I sent directly for an officer to secure them; Bet Cunningham gave me a guinea and a shilling out of her hand; I found one guinea in a pail of suds; the dollar was found under the bed; Clarke made her escape, but was afterwards taken.

From one of the Prisoners. How long was the prosecutor at your house before he came down again? - Not five minutes; Talbot went along with me.

JOHN TALBOT sworn.

I am a chimney-sweeper: the prosecutor came into Moffat's the night he was robbed all of a gore of blood, and asked for assistance; Mrs. Moffatt asked me to go to his assistance; I would not go by myself, then she called her husband to go along with me; we went and secured the girls.

ALICE CUNNINGHAM 's DEFENCE.

I have a child between six and seven years of age; I went out to look for my child; I shut my door; I went out at my back door; I was gone almost an hour; when I came home, I came in at the back door as usual; I sat myself down by the fire side, and was crying, O my child! the gentleman laid hold of me and said, Is this one of them? he said I believe it is one, and laid hold of me; I sat down very contented; Mr. Moffatt came in and secured me, and found but 2 s. 2 d. 1/2. about me, which was my own property; I am as innocent as the child unborn.

ELIZABETH CUNNINGHAM 's DEFENCE.

I deal in Rag-fair; I heard of her child being lost; I came up; I had half a guinea and six pence in my pocket that I took for my goods; they came in and laid hold of us altogether; Moffatt pushed me down and said, shew what money you have in your pocket? the constable pulled my pocket off; I pulled out half a guinea and six-pence; he said that is some of the money; he took that away and gave it to somebody: I never saw the man before to my knowledge.

CLARKE's DEFENCE.

Talbot the chimney-sweeper took me up, and said I had robbed the man; they only do it for the sake of money; we are very innocent.

To POTTER. Whose house is this? - This Alice Cunningham has the room, I don't know that the house belongs to her.

Do either of you know whose house this is? - It is let to Mrs. Cunningham at two shillings a week; I am son-in-law to Mr. Carey, I collect the rents.

How many lodgers are there in the house? - Several.

Do they all come in at one and the same door? - Yes.

Where does that back door lead into? - To Hand-alley.

That does not lead into any one distinct apartment? - No.

FOR THE PRISONER CLARKE.

MARGARET AUSTIN sworn.

I sell fish in Bishopsgate-street; Clarke has been with me ever since she was nine months old, and never wronged or defrauded me, her mother has had her away from me, but I had her in the care of my house last Twelfth-day.

What has her character been? - I never knew any harm of her.

You must have heard what her character is? - I know nothing of her affairs.

ANN ATTAWAY sworn.

I have known Clarke three years, I never heard any harm of her.

What is she? - I don't know.

What are you? - A poor woman that takes in washing.

ANN PATMAN sworn.

I don't know any harm of Clarke, I have known her four or five years.

What is she? - She carries a basket about the town, she deals in fish ; I have heard very little of her character; she never defrauded me.

ALL THREE GUILTY of stealing, but not in the dwelling house .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-89

724. GEORGE SPENCER was indicted for stealing three quartern loaves of wheaten bread, value 18 d. the property of David Watson .

DAVID WATSON sworn.

I delivered such bread to my servant to be carried to the customers.

THOMAS GALE sworn.

I had some bread in charge from my master, I had set down my basket and was returning to it, I saw the prisoner take the loaves out of the basket, I followed him and found the loaves upon him; I never lost sight of him.

PRISONER's DEFENCE.

I found the loaves in the street, I took them up, and being very hungry I began picking them.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

[Imprisonment. See summary.]

Reference Number: t17760911-90

725. ANN WILSON and ELIZABETH BROCKLEY were indicted for stealing eighty-eight yards of silk called lutestring, value 21 l. and two wooden rollers, value 3 d. the property of Daniel Cox , Charles Grosssmith , and Charles Fielding , privately in their shop , August 3d .

WILLIAM VINES sworn.

I am an apprentice to Mr. Fielding who is in partnership with Daniel Cox and Charles Grosssmith : the prisoners came to our shop on Saturday the 3d of August about dinner time, the door was locked; Mr. Fielding and I were at dinner, I came down and let them in, they desired to see some laylock lutestrings; after I had shewn them several sorts, they produced a striped pattern, which they said an acquaintance of theirs had bought a gown of; I had not any of that sort, they desired to see several other pieces; they begged a pattern of a blue and of a laylick, I gave them a pattern of each, and I gave them a bill of the shop; they said they would go and consult a cousin, and if she approved of it, in about an hour they would return and purchase a gown: I shut and locked the door after them and went up stairs to finish my dinner; when I came down I rolled up all the silks, and there was a paper too much, which made me suspect they had stole a piece of silk; we gave information at Sir John Fielding 's of it, in consequence of which I went to a house in Long-lane, and there I saw Brockley, I knew her again perfectly well; when we had been there some time, the other prisoner tapped at the door, I likewise remembered her perfectly well.

From the time they went out and you came down again after dinner and missed the silk, had any person been in the shop? - Not one.

Should you know the pieces of patterns that you gave her? - Yes; they were wrapped up in one of our shop bills; one of Sir John Fielding 's men took this girl and searched her, there was nothing found on her; she was taken in her lodgings, but I was not there.

Cross Examination.

How many customers might have been in the shop in the course of the morning? - I don't recollect.

Had you ever seen these two young women before? - No.

Yet you can swear to them? - Yes; they were so troublesome in looking at so many silks, that I remember them perfectly.

You have joined them both, that they begged a pattern, that they bespoke a gown, did both speak, or which? - They wanted a gown, a piece what one liked the other would like.

Which did you furnish with patterns? - I don't recollect.

Where were the pieces of silk kept? - Upon the counter; I had shewn the piece to the prisoners that day.

JURY. Are you sure you had shewn it to nobody else? - I had not.

CHARLES FIELDING sworn.

I am a mercer : on the third of August at two o'clock, while we were at dinner; somebody knocked at the door, the last witness went down stairs, he staid below for about half an

hour, when he came up again, he told me he had shewn some silks to two girls who had taken some patterns and were gone to consult a relation; after dinner he went down stairs again and rolled up the silks; I had seen the silk that was missing about twelve o'clock that day, it was upon this roller (producing it): we went to Sir John Fielding 's.

Cross Examination.

How long after dinner did the boy tell you the silk was gone? - It might be about an hour after they had been there; he did not roll up the silks till after he had dined; he was just finishing the rolling up the silks when I came down, and then he told me there was one piece gone.

NICHOLAS BOND sworn.

Mr. Vines applied to Sir John Fielding's office about some silk he had lost; when Mr. Fielding came to me, I had received an intimation of one Harris in Long-lane; I took his shopman with me to Harris's house, I there found Harris and his wife and the prisoner Brockley; while we were searching the house the other prisoner came to the door, she enquired for some man, I don't remember the name, I took her by the hand and walked her in; I asked her where she lodged, and she told me.

Counsel for the Prisoner. She told you where she lodged without any hesitation? - Certainly, I then desired Mr. Clarke to go with her and search that lodging; in the interim I searched Harris's house myself very narrowly, and in his room I found this roller.

Did Brockley give any account of it? - No; I did not ask her, I asked Harris about it; the shopman Vines was with me.

Did he know the young woman? - He said he knew them both as soon as ever he saw them.

JURY. Do you know whose apartment it was you found that in? - I asked Harris, he told me it was his.

JURY. Did the girl lodge there? - That I cannot pretend to say.

Mr. FIELDING. This is the stick that I saw my silk upon that very morning about twelve, here is a mark upon the end of it; I know it by that number, and 23 1/2, that is the weaver's mark.

JOHN CLARKE sworn.

I went with Mr. Bond to search Harris's house, we found Brockley there, the other prisoner came to the door some time after and asked for a young fellow that was in the house; the young man that lived with Mr. Fielding said, that was the other girl that was in the shop, and she was taken into custody. I searched Wilson, in her hand I found a key, I asked what that belonged to, she said her lodging; I took her to her lodging, and in one of the drawers I found a shop-bill, in which there was three little pieces of silk; I asked her where she got those, she said she found them in the street as she was wheeling her barrow with fruit.

VINES. One of these bits is the striped pattern she produced, the others are the patterns I gave her.

Counsel for the Prisoner. Did you miss the roller at the same time you missed the silk? - Undoubtedly, for the silk was upon the roller.

Did not you say at the magistrate's that the roller was not missed till the Tuesday following? - No.

PETER OLIVER sworn.

I am a weaver, I deal with Mr. Fielding's house (looks at the roller); this mark on the end is my writing, I delivered it to them on the 31st of July.

Cross Examination.

What are these numbers? - 1637, 23 1/2, that is the number of the piece of silk I delivered to them that day.

That 23 2/1 would be upon any roller where the same quantity of silk was? - Yes; but not the number.

Is 1637, an arbitrary number you put, or the number of pieces you deliver at that shop? - No; the number of pieces that I have made.

Mr. FIELDING. Here is my bill of parcels with it dated August the 31st, it says, No 1637, 23 1/2.

WILSON's DEFENCE.

I know nothing about it, I picked up the pieces of silk in the street.

BROCKLEY's DEFENCE.

I was never in the shop in my life.

'Brockley called one witness, whom she

'had formerly lived servant with, who gave

'her a good character.'

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-91

726. ROBERT SMITH was indicted for that he in a certain field and open place near the king's highway in and upon Hannah Smith , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk cloak, value 30 s. the property of the said Hannah , September 10th .

HANNAH SMITH sworn.

As a young woman and I were coming from Kensington, a man came up to us near the pond in Hyde-park , stopped us, and who demanded our money; he said, if we did not make haste he would blow our brains out; then he snatched my cloak and ran away; I believe the prisoner to be the man; I saw the prisoner in custody on Thursday, and thought him to be the man.

Why do you believe him to be the man? - I made no observation upon the cloaths nor upon the face of the man, but having his head awry is my reason for thinking him the man.

MARTHA INWOOD sworn.

I was in company with Mrs. Smith; a man stopped her, I ran away and cried out, being much frightened; I looked back and saw her without her cloak.

FRANCIS HUMPAGE sworn.

I was in Hyde-park at about seven o'clock; I heard a cry of murder; I called to a gentleman, and we followed the man; the man immediately ran into the pond; he swam about a great while, at last he cried out that he was drowning; we said he must come out; at last he came out, and we secured him; that was the prisoner; we found a bludgeon which I saw him throw away before he went into the pond.

JOHN PIKE sworn.

I assisted Humpage in pursuing the prisoner; he leaped into the pond and swam, attempting to make his escape; there was no other person that I could see.

PRISONER's DEFENCE.

I was going through Hyde-park towards Kensington; I met with two men about seven o'clock; they shoved against me, we had some quarrels in Hyde-park; they hit me, I hit them again: they knocked me down, and they cried one to the other, stop him; I ran into the river to save myself from these men; this man was standing under the trees at the same time with a girl, and he pursued me the minute they called out; I said, gentlemen, I have done no robbery, I am only upon my own defence; he said, there is a woman robbed in the Park, you must be the man; I said I was not; I was taken by the last witness round to the Serpentine river; when we came up to Sir John Fielding 's, they sent me down to the round-house; the last witness would have let me go; the other said, No, he should not, he should get something by me.

HUMPAGE. It is all a falsity.

PIKE. When we first took him, he threatened both our lives.

JURY. Did the other witness express himself in that manner? - I did not hear all he said, I don't recollect any such word.

HUMPAGE. I did not upon my oath; I told him that he was taken upon suspicion of the robbery, and he should go before Sir John Fielding that night.

Did you see any more men after him? - Both witnesses, There was no other person near.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-92

727. JOHN COZINS was indicted for stealing a fowl, value 2 s. the property of Michael Artis , June 9th .

MICHAEL ARTIS sworn.

The prisoner was a weekly servant to me:

on the 9th of June I suspected he would take a fowl away with him, as he had taken one for three nights running; he was to go to General Monkton's in the evening about six o'clock; I told him to stay at home till nine in the evening or rather later, as I was afraid some things might be wanting; I went down stairs and told the fowls and things that were in the larder; there were fifty, I told them three or four times over; about nine o'clock in the evening a gentleman came in for a fowl, I sent the prisoner down for it; I sent him with it home; I wanted to know at that time whether the prisoner had taken a fowl for his own use; I sent him to a gentleman's in George-street to receive the order for supper, because I wanted to go down to see whether he had taken one; I went down, I told them three or four times, there were forty-nine, he had not taken one; I came into the shop again, General Monkton's servant ordered a chicken; the prisoner just then returned from the other errand; I sent him down directly for a chicken, he brought it up after he had drawn it; I told him to take it to General Monkton 's, and make haste; as soon as he was gone, I went down stairs again to see if he had taken a fowl or not for his own use, and there were then no more than forty-seven; I came up directly into the shop, I met my boy at the shop door; I bid him stay in the shop while I ran after the prisoner; I ran to General Monkton 's; he was gone from thence some time; the fowls were right till he went, which was not I am sure two minutes, and there was nobody in the house but the prisoner, myself, my wife, and the little boy; there was nobody below stairs.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17760911-93

728. WILLIAM HOPKINS was indicted for wilful and corrupt perjury, in swearing on the 25th of July at a court of hustings duly held for the election of a Chamberlain of the city of London, before George Hayley , Esq; and Nathaniel Newnham , Esq; sheriffs of London, that he the said William Hopkins had not polled before at that election, whereas in truth and in fact he had polled before at that election .

' EDWARD BOXLEY , a clerk in the town

'clerk's office, produced the books containing

'an account of the proceedings at the common-hall

'on Michaelmas Day 1775.

[The entries were read.]

' SAMUEL SMITH , one of the poll clerks

'on Midsummer Day last, produced the original

'poll book, which he deposed was wrote

'and signed every leaf by himself: the entry of

'Mr. Hopkins having polled on the 24th of

'June, the first day of the poll, was read:

'the witness deposed, that he knew Mr.

'Hopkins's person; that he remembered his

'polling, and that he administered to him the

'usual oath.'

'On his cross examination he deposed, that

'he took particularly notice of the manner

'of Mr. Hopkins's polling; that there was a

'little step by the place where the poll is

'taken; that he got upon that step, and that

'after he had polled, he vaulted a little from

'that step and mixed with other gentlemen in

'the hall.'

'Mr. JOHN MERRY deposed, that he

'attended the election of chamberlain and

'saw Mr. Hopkins come and poll on the first

'day; that he took notice of it, because he

'had heard that the court of assistants of

'the joiners company were inclined to give

'the use of their hall to Mr. Hopkins's

'friends; on that account he thought the

'defendant would be neuter, but seeing

'him poll, he went to see who he polled

'for.'

'Mr. Merry on his cross examination said,

'that he afterwards saw the defendant having

' hold of Mr. Deputy Judd's arm going into

'Cooper's-hall; that Mr. Hopkins appeared

'to him to be sober, and to argue as a reasonable

'man upon the point of his security;

'that there did not appear to him to be the

'least sign of his having drank too much

'liquor.'

' JOSHUA STAFFORD , one of the poll

'clerks, deposed, that he was sworn to take

'the poll, which began on the 24th of June,

'and was adjourned to the next day; that

'he took the defendant's poll on the 25th of

'June, and administered the usual oath to

'him.'

'- ALROYD, a check clerk to Joshua

'Stafford's book, deposed, that he saw the

'defendant come to Mr. Stafford's book, and

'poll on the second day.

'On his cross examination he said, he believed

'the defendant was very sober, that he

'answered every thing very peaceably and

'quietly; that after he had polled, the witness

'told the defendant that he thought he

'had polled before.'

'Mr. THOMAS MUNDAY deposed, that

'he had known the defendant some years; that

'he attended at the election of chamberlain

'at Guildhall ; that he saw the defendant

'poll for Mr. Wilkes on the 24th; that he

'was likewise at Guildhall on the 25th,

'talking with Mr. Hopkins, the chamberlain,

'a little after two o'clock, when he saw the

'defendant come up the hall; that the witness

'said to Mr. Hopkins, here is your namesake

'coming that polled yesterday against

'you; that he saw the defendant come up to

'Stafford's book, and take the Testament in

'his hand, upon which the witness said, surely

'he is not going to poll again? he polled

'yesterday; that Mr. Hopkins said, may-be

'you are mistaken; to which he replied, he

'was certain he was not mistaken.'

'On his cross examination he said, he was

'on the hustings when the defendant polled

'the second time, as near to him as he was to

'the counsel; that while he was speaking to

'the chamberlain about it, the defendant took

'the oath, and it was over; that he would

'have stopped him, but the chamberlain said,

'don't make any noise, you may have made a

'mistake.'

'Mr. JAMES FISHER , clerk of the joiners

'company, produced the books of the company,

'and pointed out the entry of Mr.

'Hopkins's admittance into the livery in 1736.'

'On his cross examination he said, the defendant

'of late years has been very much

'addicted to extreme drunkenness; that he

'had frequently seen him drunk to the deprivation

'of his senses; that when he has drunk

'a little he is a perfect madman, and quite

'insensible of what he does; that he has taken

'care of him of an evening, and taken him

'home in an hackney coach, and that when

'he has set him down, he has not known

'where he was.'

' GEORGE PARKER , a clerk in the chamberlain's

'office, produced the chamberlain's

'book, containing an entry of the admission

'of William Hopkins to his freedom in 1746,

'which was read.'

Mr. FISHER. I will take upon me to say, that entry does not respect the defendant.

FOR THE DEFENDANT.

'Mr. JOSHUA PAWLIN deposed, that

'he had known the defendant thirty-eight

'years; that he is very much given to drinking,

'that it so much affects his understanding,

'that he is not conscious one day of

'what he has done the preceding day; that he

'came to his house with Mr. Season on the

'24th of June about four o'clock; that he then

'seemed very lively, as if he had drank some

'liquor; that he asked him if he would go

'and poll, he declined, and asked him to sit

'down; that he said, aye, if you will give us

'any thing to drink; that he had a bowl of

'punch made, and after the punch they had

'a bottle of port wine; that the defendant

'drank about half of both the punch and

'wine; that when he was going away, he

'filled a glass of wine to each of them; that

'he and the other gentlemen refused their

'glasses, and the defendant drank them all

'three, and another after that; that the

'other gentleman took him by the arm and

'put him into his carriage; that the witness

'was persuaded that in the condition he was

'in when he left his house, he was not fit to

'have an oath administered to him; that the

'bowl of punch was about the size of a half

'crown bowl, and made very good.'

' Mr. JOSEPH SEASON deposed, that

'Mr. Hopkins came to his house on the 24th

'of June in the morning; that they had a

'bottle of madeira; that he asked him to stay

'dinner with him, which he did; that they

'had a quart of porter with their dinner;

'that after dinner they had two or three bottles

'of hock, he thought three, of which Mr.

'Hopkins drank very freely; that the hock

'was very good, and the defendant seemed to

'enjoy it exceedingly; that after they had

'drank the hock, he went with him in the

'chariot to Mr. Pawlin's, whose evidence he

'confirmed; that they staid there an hour or

'better; that he took him by the arm and

'put him into the chariot, and they went together

'to Guildhall; that he was exceeding

'drunk when he came out of the chariot; that

'he laid hold of his arm, and they went up

'to poll; that the defendant walked about

'with his cane, hallooing and crying, Wilkes

'for ever; that after he had polled, a gentleman

'asked the defendant to go to Cooper's-hall,

'which was opened for Mr. Hopkins;

'that the defendant went rolling in, crying,

'Wilkes for ever; that they were ushered into

'the court of assistants room; that he went

'round the hall crying out, Wilkes for ever;

'that the fellows that gave out the bills were

'for husseling him; but Mr. Deputy Judd, or

'some other gentleman, insisted that he should

'not be used ill; that they got him into his

'carriage, and took him to his house again,

'and gave him several cups of tea to bring

'him round again; that after he had had the

'tea, he would have some punch made; that

'they had a pint china mug filled with arrack

'punch, and he drank plentifully of it; that

'after that the witness saw him safe into his

'carriage; that he told him he was going to

'Wanstead, but that he went to Newington

'Green.'

'Mr. THOMAS GATES the city-marshal

'deposed, that he knew the defendant very

'well; that he saw him the first day of the

'poll, and then looked upon him to be very

'much in liquor; that he used him the witness

'very ill at that time; that he had been

'a very disorderly man at all elections; the

'witness said, that he saw the defendant again

'on the Tuesday, but thought he was not so

'far gone then as he was the day before; that

'the defendant was endeavouring to make a

'rhyme, he said, he that did not poll, had no

'foul, or something like that.'

' ELIZABETH BANGOR deposed, that

'she was on a visit at the defendant's house at

'Wanstead; that on Monday the 24th of

'June the defendant came home at night so

'exceedingly intoxicated, that he could not

'stand, and that the servant brought him out

'of his carriage in his arms to his chamber,

'where Mrs. Hopkins and the servant undressed

'him; that he was very much in

'liquor when he got up the next morning;

'that he drank two dishes of tea, but they

'could not persuade him to eat any thing,

'and that he drank three quarters of a pint of

'madeira before he left his own house; that

'he went from home about eight o'clock, and

'the witness did not see him any more till the

'evening.'

' THOMAS COX deposed, that he saw the

'defendant on the 24th and 25th of June,

'and that he appeared to be fuddled both

'days; that he had heard it reported that

'when he was in liquor, he was apt to forget

'what passed the day before, but that he was

'never in his company.'

' ARTHUR JONES , Esq; deposed, that

'he had known the defendant seven years,

'but had dropped his acquaintance for the

'last nine months, because the defendant

'seemed to have lost all reasonable faculties;

'that he thought him a dangerous acquaintance,

'and therefore forbid him his house:

'Mr. Jones said, his opinion of the defendant

'was, that he was a madman when drunk,

'and almost an idiot when sober.'

' JOSEPH BIFFIN deposed, that he had

'known the defendant twenty years; that he

'was very much addicted to drinking; that

'he had left a considerable sum of money with

'the witness over night, and knew nothing of

'it the next day.'

' ANN COLE , servant to the defendant, deposed,

'that he came home on Monday night

'the 24th of June very drunk; that he was

'incapable of undressing himself; that he

'could neither talk nor walk; that they

'were forced to strip him and throw him into

'bed; that he was as bad on the Tuesday;

'that he was drunk when he set out in the

'morning, and drunk all the week.'

NOT GUILTY .

Reference Number: s17760911-1

The trials being ended, the Court proceeded to give judgment, as follows;

Received sentence of death, 11.

William Wood , Elizabeth Gillam , Elizabeth Anderson , Charles Benfield , William Knowland , James Grant , Richard Etherington , Henry Daniel , Charles Pipkins , James Messenger , and Robert Walker .

To be kept to hard labour for three years upon the river Thames, 15.

Isaac Phillips , Samuel Love , James Whatmore , Stephen Broadstreet , William Brown , John Smith , Mandle Woolfe , John Collis alias Pullen, Thomas Mayo alias Jones, John Sram , George Cuthbert , Thomas Cooke alias Griffiths, Daniel East , Isaac Smith , and James Graham .

Branded and imprisoned two years in Newgate, 3.

Alice Cunningham , Elizabeth Cunningham , and Elizabeth Clarke .

Branded and imprisoned one year in Newgate.

Ann Seabright .

Branded and imprisoned six months in Newgate.

Thomas Calon .

Branded and imprisoned six months in the House of Correction.

Ann Farmer .

Branded and imprisoned three months in the House of Correction.

Sarah Farrell .

Branded and imprisoned one month in Newgate, 5.

John Fray , Henry Maddox , Richard Hyde , Thomas Boswell , and George Spencer .

Branded and imprisoned one month, 3.

Catherine Creamer , Elizabeth York , and John Bowen .

Branded.

Thomas Cowe , Thomas Morton , and Samuel Bloxton .

Whipped and imprisoned six months in Newgate.

Elizabeth Winspear .

Imprisoned a month in Newgate.

David Munro .


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