Old Bailey Proceedings, 14th May 1777.
Reference Number: 17770514
Reference Number: f17770514-1

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 14th of May 1777, and the following Days;

Being the FIFTH SESSION in the Mayoralty of The Right Honble Sir THOMAS HALLIFAX , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY , And Published by Authority.

NUMBER V. PART I.

LONDON:

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

HALLIFAX, MAYOR.

A Common Council holden in the Chamber of the Guildhall of the City of LONDON on Thursday the First Day of May 1777.

A MOTION being made and QUESTION put, That a Copy of the Proceedings on the King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the City of London, and also for the Gaol Delivery for the County of Middlesex, held at Justice-Hall in the Old Bailey, beginning with the present Mayoralty, be sent to every Member of this Court, to the Judges, and those City Officers who have usually received the Sessions Paper, at the City's Expence: The same was resolved in the Affirmative.

ORDERED, That Messrs. EDWARD and CHARLES DILLY , Proprieters of the Sessions Paper, do deliver to the Three Serjeants of the Chamber a sufficient Number of Copies of the Proceedings of each Session, beginning with the present Mayoralty.

RIX.

GEO. RHODES, Clk. Co, Co.

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 Hon. Sir THOMAS HALLIFAX , Knt. LORD MAYOR of the City of London; the Honourable Sir RICHARD ASTON , Knight, one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir BEAUMONT HOTHAM , Knt. 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.

George Bayley ,

John Buxton ,

William Hardy ,

Thomas Pitt ,

John Brown ,

John Buttler ,

John Carvick ,

James Priest ,

James Benwell ,

William Burrill ,

Edward Couthurst ,

Richard Causton .

First Middlesex Jury.

Henry Capel ,

Charles Churchman ,

Joseph Lloyd ,

Richard Andrews ,

Richard Sheffield ,

Joseph Holroyd ,

John Arnold ,

Thomas Bonnell ,

Robie Sherwin ,

Richard Ireland ,

Thomas Holmes ,

William Berresford .

[ William Foster served part of the time instead of Richard Ireland .]

Second Middlesex Jury.

John Bromley ,

Leonard Phillips ,

Joseph Sutton ,

George Pinner ,

Joshua Owen ,

Joshua Sheldon ,

Peter Bennett ,

Alexander Gardner ,

Benjamin Cook ,

William Foster ,

William Maynard ,

Pulham Markham .

Reference Number: t17770514-1

347. SARAH DEAN was indicted for stealing a mourning gold ring set with a crystal stone and six brilliant diamonds set therein, value 42 s. the property of Thomas Allen Smith , in his dwelling-house , May 10th.

THOMAS ALLEN SMITH sworn.

I keep a shoe-warehouse in Postern-row, Tower-hill : I lost a family mourning ring, which was in the care of Mrs. Smith.

Mrs. SMITH sworn.

I kept the ring locked up in a case in a chest of drawers in the room where the prisoner lay; we took her into the house in charity; she said she was in distress, but had a very large estate coming to her: I saw the ring on Saturday night, and missed it on Sunday afternoon.

WILLIAM FOX sworn.

I am a pawnbroker: I took this ring in pawn of the prisoner on Saturday night; I have had it in my custody ever since.

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

PRISONER's DEFENCE.

I came into Mr. Smith's house; they pretended to be very fatherly and good to me, having a little dependence coming to me, he said, he would see me righted if I would make him a will and power; and he sent for a lawyer in order to deprive me of my property; Mrs. Smith came down into the kitchen, and said, as I had been so good to the family, she did not know how to make me amends, and put the ring on my finger; I wore the ring till Saturday night, then being in distress I pawned it.

To Mrs. SMITH. Did you give her the ring? - No; I shewed her the ring, but never delivered it out of my own possession.

Did you consent to her taking it? - No.

After you had shewn her the ring, did you put it into the drawer? - I put it into the case, and then into my drawer, and locked it.

When you found it missing, was the lock broke? - No.

How was it opened? - I do not know.

PRISONER. She gave me some diamond ear-rings at the same time; I pawned the ring for a guinea, bought some asparagus and other things, and gave her the change, and gave it her.

GUILTY of stealing to the value of thirty-nine shillings .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Branding. See summary.] [Imprisonment. See summary.]

Reference Number: t17770514-2

348. ELIZABETH COOKE was indicted for stealing a cloth great coat, value 3 s. the property of Henry Taylor , April 12th .

HENRY TAYLOR sworn.

On the 21st of April I delivered my coat to my porter, and it was put into a cart, out of which it was lost.

RICHARD EDMUNDS sworn.

I received Mr. Taylor's coat from his porter; it was put into my cart in an inn yard by the porter; I was present when he put it in; as I was sitting in the window, I saw the prisoner go out of the yard with something under his frock; I followed him; I laid hold of him, and asked him what he had got under his frock; and I took Mr. Taylor's coat from him, upon which he went down on his knees, and begged for mercy; Taylor said his name was in the inside of it, which we found to be fact.

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

PRISONER's DEFENCE.

I came to London as a drover , and was allmost starving.

GUILTY . B .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17770514-3

349. JANE SMITH was indicted for stealing a short quarter of mutton 12 lb. weight, value 4 s. the property of Mary Chandler , widow , May 3d .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17770514-4

350. SARAH ARMSTRONG otherwise BLACKBURN was indicted for stealing nine muslin handkerchiefs, value 40 s. the property of Matthew Helmer privately, in the shop of the said Matthew , May 5th .

JOHN PERCIVAL sworn;

I am servant to Mr. Helmer, a linen-dradraper : the prisoner came into our shop, and wanted to see some things; I saw her take up some handkerchiefs, and conceal them under her cloaths; she afterwards bought some other handkerchiefs, and paid for them; she did attempt to take some others, which I

took from her; at last I searched her, and found these handkerchiefs upon her.

[They were produced in Court, and Percival deposed that they were his master's property.]

PRISONER's DEFENCE.

As I have no counsel, will your lordship please to hear what I have to say? I went into this shop by order of a lady to buy two yards and three quarters of cotton and a handkerchief, which I bought and paid for; this piece of handkerchiefs, that I never knew any thing of, nor had any thought to take, I never touched it as I know of, but the corner of my cloak, I suppose, threw it down off the counter; I did not know that he meant to do me any harm; I begged his pardon; he said, it was a very bad thing, and looked suspicious; he let me go; I came back again; they searched me; there was nothing to be found; they searched my apartments where I live, and found nothing but what was my own property; I have a witness, and the people can tell in what manner I live; I never was guilty of any such thing in my life.

FOR THE PRISONER.

MARY PEAKE sworn.

The prisoner lodged in my house ten weeks; I never saw any harm by her in my life; I have trusted her in my rooms, with my drawers unlocked, to make my beds, and do things about the house; I have examined every thing since she has been in prison; I cannot find any thing missing; I never saw her keep any bad company; she did not keep any bad hours; she was not extravagant; she has many times sat down to dinner upon a penny worth of potatoes; I recommended her to work; she always did it very honestly and well: I have here the things she bought that day at the linen-draper's, which she paid for.

PROSECUTOR. I do not doubt but these are the things she paid for.

- PEAKE. My husband is a peruke-maker and hair-dresser in Little Drury-lane; he has kept house there fourteen years; his name is Charles Peake .

JURY. What rent do you pay? - Fourteen pounds a year; I have a lease for twenty-one years.

COURT. What business does the prisoner follow? - She has taken in washing and plain-work .

SARAH ROBINSON sworn.

My husband is a cooper in Drury-lane: I have known the prisoner two years; I never knew any thing that was bad of her.

GUILTY of stealing to the value of four shillings and ten pence .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17770514-5

351. WILLIAM GREENHAM was indicted for stealing a saddle, value 30 s. the property of John Corpe , March 11th .

NOT GUILTY .

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

Reference Number: t17770514-6

352, 353. JOSEPH HARRIS and JAMES LUCAS were indicted for that they in the King's highway in and upon Robert Hughes feloniously did make an assualt, putting him in corporal fear and danger of his life, and stealing from his person two half guineas and seven shilling in monies numbered, the property of the said Robert , April 21st .

(The witnesses were examined apart at the request of the prisoners.)

ROBERT HUGHES sworn.

On Monday the 21st of April, between eight and nine in the evening, I was going to Islington in the Islington stage; the coach was stopped upon the City road near the Shepherd and Shepherdess by the prisoners at the bar; I never saw them before, but am positive to their persons; they first said to the coachman, Stop; he stopped; Harris opened the coach door; he immediately presented a pistol to my breast, and demanded my money; I gave him two half guineas and about seven shillings in silver; he then demanded the money of the other persons; he robbed two of them; there were four in the coach, two ladies, and Mr. Suttle and myself; Lucas stood at the back of Harris during the time Harris was robbing me; he had a pistol in his hand;

when they withdrew from the step of the coach, I jumped out, and desired the coachman to come from his box and assist me; the prisoners went away towards the town, I followed them, and in my way I met three young men (the coachman came after us as fast as he could); I acquainted these three men that the two men that had run on the road and passed them, had just robbed me; I asked their assistance; they complied; the prisoners ran together as far as Mr. Calvert's Vinegar-yard, which is opposite the Lying-in Hospital, there they separated; Harris took towards Hoxton, and Lucas towards Old-street road; the men pursued Harris, and took him; I went after Lucas, and cried out, Stop thief, and accordingly Lucas was stopped; I told the persons to take care of him, for he had fire-arms; they brought Lucas to the constable's house, and charged the constable with him; after I had been in there some little time, the other men brought in Harris.

How long might this pursuit take up from the time you was robbed, till the time you got to the constable's house? - Not more than half an hour; I lost fight of Lucas turning the corner, but it was a moon-light night.

Should you know the pistols again? - I should not.

How were the prisoners dressed? - The prisoners were not dressed the same at that time as they are now; they are much better dressed now than they were then.

THOMAS MERRIT sworn.

On the 21st of last April I met with Mr. Hughes in the City-road; he asked me to assist him in taking these two men; I followed them directly: I stopped opposite the coach, seeing them come from it; they ran from the coach by me; I followed Harris into a field; when we got almost to the further side of the field, a little way off Hoxton-square, he turned round with a pistol; I dropped back, he came up to me, and fired the pistol at me.

Did nobody run after him to try to take him but you? - No, not till I had got him upon the ground; then Thomas Brumsdell came up.

Did you run or walk when you followed him at the further end of the field? - He ran as hard as he could, and I ran; he ran twenty or thirty yards, and then fell down; he got upon his legs again, and I was got up to him; he had a hanger in his right hand; he throwed the money and his pistols out of his left hand.

Did you pick it up? - Yes, after we had secured him. He cut me over the fingers with his hanger; I got it out of his hand when I got him upon the ground; this is the hanger (producing it) I picked up 3 s. 6 d. afterwards some other people picked up some more, and gave to Mr. Hughes; this is the pistol (a small pocket pistol) I marked it; Thomas Brumsdell came up; Harris said, he was not the man; he was running the same as the rest; I told him it was of no use for him to say that; Brumsdell and I tied his hands.

What time of night was this? - Half after eight.

Was it not later than that? - No.

You are sure that Harris is the man? - I am.

Do you know any thing of the other? - I saw them both run from the coach; I am sure he ran from the coach.

HARRIS. This man has been advised by Justice Wilmot's thief-catchers; when he came into Wilmot's office, he asked if I should be cast for death, whether he would have 40 l. all the court laughed at him; he swore falsely; the thief-catcher took him backwards, and told him, he should have the money if I was cast, and then he said he would swear that I was the person. -

MERRIT. That is false.

You had never seen either of these men before that night? - No; I went next morning to the place where he and I had a tussel together, and found this ball.

THOMAS BRUMSDELL sworn.

Last Monday was three weeks, coming from Mr. Whitefield's tabernacle, at half past eight o'clock in the evening, I saw a coach stop at about 40 or 50 yards distance, or hardly so far, either a hackney or a stage coach; the moon shone bright; I said to Mr. Merrit, who was with me, I apprehend some villians have stopped that c oach in order to rob it; he said, No, it may be somebody has rode so far and wants to get out and walk; we walked till we came opposite to the coach, which stood almost

opposite the Shepherd and Shepherdess in the City road, in the road to Islington; one of them came away from the coach door, the other seemed to step down from out of the coach; Mr. Hughes looked out and seeing us stand there, asked us whether we would assist in taking them.

Was he got out of the coach then? - No; he looked out of the coach and asked us to assist him; then he jumped out of the coach and set out after them; one ran towards Shoreditch, the Hoxton way; Merrit and I pursued Harris; when we came to a rise of a hill, Merrit and the prisoner Harris outran me; when I came to the bottom I heard the report of a pistol; when I got up to the top of the hill, I saw Merrit had got Harris down under him, and Merrit was calling out for assistance; I went up to him as fast as I could, and I saw a pistol lie eight or ten yards from him on the ground, and a cutlass about a yard or yard and a half from the side of them where they were tussling together; he asked me to tie the prisoner's hands; I took off my garter in order to bind his hands; he swore he would not have his hands bound; I told him if he made the least objection I would run him through with the hanger; I bound his hands, and we set him upon his feet; Merrit took up the pistol, I kept the cutlass myself; one had hold of one side of his collar and the other of the other; we led him down and gave him into charge of the constable.

Are you sure that Hughes was not out of the coach when he asked you to pursue the men? - I saw him looking out of the coach; when he asked us to assist him whether he was out or not I cannot justly say, it was such a small distance of time, he was out in a minute.

When you came up did you perceive either Harris or Merrit wounded? - I perceived Merrit's hand to be all over bloody.

Which hand? - I believe it to be his left hand.

Did you examine the pistol whether it was charged or not? - No; I took it up and gave it to Merrit, he carried it to the constable.

Do you know any thing about Lucas? - No, because he took the other road; after we had given the prisoner into custody of the constable, we went back to the place with a lanthorn and candle and picked up two straight half-guineas, which we gave to Mr. Hughes.

Court to Hughes. Have you those two half-guineas? - No, I spent them long ago.

HARRIS. The coachman and the gentleman swore before the justice that it was a dark night, now they say that it was a moon-light night.

BRUMSDELL. The moon was near being at the full.

[The Almanack was referred to, and it appeared that the moon was at the full on the 22d of April.]

ALEXANDER LATIS sworn.

I was coming from work about half after eight o'clock, I heard the cry, stop thief; I was under Mr. Calvert the vinegar-merchant's wall; I saw Lucas running along-side me; I asked him what he was running for, he made me no answer; I laid hold of him by the collar, then he threw away the scabbard of a cutlass and a pistol, the pistol was loaded; it was picked up about five minutes after.

How did you know it was the same? - I saw it before and I saw it picked up.

How do you know it was loaded? - There was something in it; I suppose powder and ball; it was delivered to the constable; we took him to the constable; I took up this sheath of a cutlass (producing it); the ( cutlass fitted the sheath exactly.)

What sort of a night was it? - Cloudy.

Was it light enough to see plainly the men? - I could see the pistol in his hand shining; I could not discern any thing else.

Was it light enough to see the men? - Yes.

Was it moon-light? - No.

[The pistol, which was a pocket one, was produced by Crocker the constable.]

To BRUMSDELL. How far distant was you when you saw Merrit and the prisoner on the ground? - About fifty yards.

Could you see so far as that? - I saw them, it might not be quite so much as fifty yards.

Was it moon-light then, or did the moon rise afterwards? - It was rather a dullish night, the moon had not made its appearance as I saw.

GEORGE THOMPSON sworn.

I am a carpenter: Lucas, Latis, and I were going together; we heard a cry, stop thief; I made a run as well as him, I had like to have

tumbled down; Latis caught Lucas by the collar; Lucas was running as fast as he could, he asked him what he was running for? Lucas turned on one side from him and got rid of a pistol; he said he was running because other people ran.

Did you see any thing? - No, Latis said he saw the pistol shine; I did not see them.

HARRIS's DEFENCE.

On the 21st of April I had been to my sister's; I was going to sea, it was about half after seven at night; as I was coming home I heard some people near by the City Lying-inn Hospital holla out, stop thief; I ran down towards the Shepherd and Shepherdess and ran into a field; there was a man ran before me with a pistol and cutlass in his hand; when I came into the field I saw two men fighting with a cutlass; directly as I came up one jumped over some rails, then the other immediately knocked me down, and swore that I was the man; I was running after the people; they said, there were some thieves that had robbed a coach; the pistol and cutlass belonged to the man that jumped over the hedge I suppose; I saw him with it in his hands.

LUCAS's DEFENCE.

I had made a holiday that day, I had been to an acquaintance's house at Islington; in coming back I heard an alarm of stop thief, just by Old-street; I saw some men running before me, I ran after them; one laid hold of me and said I was the thief; these men are all connected together on purpose to get my blood money; the coachman is not come; the man that swore I cut him said, he hoped he should have the blood-money; he said that before the justices and they laughed at him.

To BRUMSDELL. Did you hear any thing said to the coachman? - He said, Gentlemen, will you assist me in taking these thieves? we replied we would.

BOTH GUILTY . Death .

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

They were a second time indicted for that they in the king's highway in and upon Ann Mowbrey , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a silk purse, value 2 d. a half guinea and 6 d. in money numbered, the property of the said Ann , April 21st .

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

BOTH NOT GUILTY .

They were a third time indicted, for that they in the king's highway in and upon William Suttle did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, the property of the said William , April 21st .

WILLIAM SUTTLE sworn.

On the 21st of April between eight and nine, I was robbed in the Islington-stage ; the stage was stopped by two people.

Do you know the prisoners? - I can't swear very positively to Harris, but to the best of my belief he is one; I can say nothing to Lucas; I know there were two.

How did the persons behave that robbed you? - They swore a good deal; Harris said, Give me your money; give me all.

Had they any arms? - Yes, a pistol; he presented it to me and Mr. Hughes; Harris was much confused; first he waved his pistol all round and then presented it to my breast and with an oath said, Give me your money, all your money.

Where was the other man? - Behind him.

In what manner did he attack the coach? - He rapp'd at the coach door; I let down the window and he opened the door.

What did he take from you? - One guinea.

What sort of a night was it? - The day was hardly gone.

Was it light enough to see their persons? - Yes; when he was before the justice he was in another dress, which rather confused me, and made me not positive; as soon as Harris went away, Mr. Hughes said to three people in the pathway, will you give me assistance? and they said, yes.

Was he in the coach or out of it then? - In the coach.

Did the coach stand still then? - Yes; Hughes was going out, he called upon the coachman for his assistance; the coachman

came down immediately and run after them.

- MOWBREY sworn.

I was in the Islington stage, I do not know either of the prisoners.

ELIZABETH WOOD sworn.

I know neither of the prisoners.

HARRIS GUILTY . Death .

LUCAS NOT GUILTY .

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

Reference Number: t17770514-7

354. GEORGE TODD was indicted for stealing a linen gown, value 4 s. a child's linen jam, value 4 s. and two yards and a half of silk riband, value 2 d. the property of Sarah Thornton , widow , May 1st .

NOT GUILTY .

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

Reference Number: t17770514-8

355. JOHN ELLIOT was indicted for stealing a live cock, value 2 s. and three live hens, value 3 s. the property of John Dunn , April 27th .

There was no evidence to affect the prisoner.

NOT GUILTY .

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

Reference Number: t17770514-9

356, 357. JOHN MORTIMER and JOHN POWELL were indicted for stealing a watch, the inside case made of metal and the outside case covered with shagreen, value 40 s. the property of Catherine Craig , March 28th .

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

BOTH NOT GUILTY .

Reference Number: t17770514-10

358. ANN JONES was indicted by the name of Mary Smith for stealing a silk handkerchief, value 10 d. the property of William Ward , May 8th .

WILLIAM WARD sworn.

Last Thursday at three in the afternoon, just as I was entering Fleet-street , I felt something at my pocket; I looked round and saw the prisoner behind me; I felt in my pocket and missed my handkerchief; I charged her with having it; she denied it, I laid hold of her and took her to my house and found my handkerchief upon her.

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

ARCHIBALD BOWELL sworn.

I was with Mr. Ward; he missed his handkerchief and charged the prisoner with having it; she denied it; he took her to his shop and I saw him take the handkerchief from under her cloak; she called herself Mary Smith before the magistrate.

Did she say her name was Smith? - No; the magistrate called her Smith, and she answered to it.

PRISONER's DEFENCE.

My name is not Smith; I never went by the name of Smith.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17770514-11

359. JOSEPH MARKS was indicted for stealing a linen gown, value 5 s. and two linen pillow-cases, value 2 s. the property of Joseph Spiller , May 6th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17770514-12

360. JOHN CUMMINGS was indicted for stealing a leather pocket-book, value 1 s. the property of Alexander Augston , April 25th .

JOHN ADAMS sworn.

I know the prosecutor Mr. Augston: some time in April his servant came to me and asked if I knew where the prisoner was, for he said he had robbed his master, and begged my assistance in taking him; we went and found him in the city, and we charged him with robbing his master, and asked him where his

property was; he said, At his lodgings in his trunk, and gave me the key; he said, He went up stairs to see the pictures, and took the pocket-book, and that he went the next morning to Fuller's and took one draught of 8 l. 2 s. 6 d. I found the pocket-book at his lodging; he told me there were draughts in it to the amount of 400 l. he ran away when we were after him; I ran after him, and he drew this sword upon me; some assistance came up, and we knocked him down twice before we could take him.

JOHN PRESSEY sworn.

When the prisoner was taken he delivered up the key of his box, and I went with the last witness and found the pocket-book in his box; we charged him with taking the pocket-book from this gentleman's house; he confessed he had it, but did not in my hearing say particularly how he came by it.

PRISONER's DEFENCE.

I found the pocket-book as I was going home to my lodging.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17770514-13

361. GEORGE HAWKINS was indicted for stealing a silver table-spoon, value 8 s. the property of Lawrence Laforest , Thomas Simkins , John Bladen , and Henry Caridge , April 29th .

JOHN BLADEN sworn.

I keep the London Tavern in partnership with Lawrence Laforest , Thomas Simkins , and Henry Caridge : the prisoner came frequently to our house, and seeing him industrious I employed him at a time we had a deal of company to carry some dishes down, and I gave him as much victuals as he could carry home; the hurry being over before I had time to count up the plate, I was sent for to Sir John Fielding 's; there I saw the prisoner and a bowl of mine.

[The bowl of the spoon, with the words The London Tavern engraved upon it, was produced in Court, and deposed to by the prosecutor.]

- EDWARDS sworn.

The prisoner brought this spoon to me and asked me if I bought old plate; I asked him some questions about it, seeing the mark of The London Tavern upon it; he said, he found it in the ruins of a house burnt down in Smithfield; I asked him several questions; he said, he had worked at the London Tavern; I took him to Sir John Fielding , and sent to the prosecutor; the spoon was very much defaced.

PRISONER's DEFENCE.

I found the spoon in an old house in Smithfield; I did not know whether it was silver till I came to this gentleman's house.

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

GUILTY of stealing to the value of 10 d .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17770514-14

362. THOMAS THOMAS was indicted for stealing a watch, the inside case made of silver gilt with gold, and the outside made of metal covered with shagreen, value 40 s. the property of John Willoughby , April 24 .

JOHN WILLOUGHBY sworn.

I live with Mr. Bishop a proctor in Doctor's Commons: I lost a watch about two o'clock in the afternoon on the 24th of April in Newgate-street ; I was trying to get into Christ's Church; there was a great crowd about the door; I believe the prisoner was one of the crowd, I am not sure of it; I was shoved by five or six people, I am not certain that the prisoner was one of them; at the moment they shoved me I found my watch gone, and half an hour after a man was taken in Newgate-street with my watch.

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

ISAAC BROWN sworn.

On the 24th of April about two in the afternoon, the soldier Turner caught the prisoner by the collar; I saw the prisoner drop the watch, I took it up; in the dropping of it the case fell off; he was taken directly to the Counter; at the time the prisoner dropped the watch, he was running from the church and a soldier took him.

NOAH TURNER sworn.

The young man came up and said he had lost his watch, and would give me half a crown

if I could get it again; I pursued the prisoner, having strong suspicious of him; I saw the prisoner running across the street with the watch under his coat; I followed him; the constable soon after saw him coming the same ground and he took hold of him by the collar; at that time I saw him throw the watch out of his hand on the ground.

JOHN DUNCASTLE sworn.

I am a constable: there was a cry of stop thief; the prisoner's hat fell off; I got up to him and secured him; he said he would go with me quietly.

PRISONER's DEFENCE.

I was coming along Newgate-street; when I got to the top of Ivy-lane I heard an alarm, somebody calling, Stop thief; I ran into the lane and ran on this soldier, and another were running; they took me, I fell down; I heard a good many people say, that the watch which was found was the watch; I thought they were running after the soldier; the watch was found about ten yards from me: I am a taylor by trade.

GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

[Branding. See summary.] [Imprisonment. See summary.]

Reference Number: t17770514-15

363. JOHN HAMBURY was indicted for stealing two woollen blankets, value 10 d. and a cotton counterpane, value 2 s. the property of Ralph Allen Mould , April 17th .

CHARLES ROWLAND sworn.

I am a stage-coachman to Mr. Walker: on the 17th of April at half past eight o'clock, while I was at Mr. Mould's shop in Newgate-street , having a parcel for Mr. Mould in my boot, I saw the prisoner on the wheel of my coach taking a parcel out of the boot; I called out, Hallow, what are you at? I ran and seized him, but he dropped the bundle between the wheel and the splinter-bar; I saw him take the bundle out of the boot; he was upon the wheel when I saw him do it.

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

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

GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

[Whipping. See summary.]

Reference Number: t17770514-16

364, 365. WILLIAM LYNCH and JONATHAN GOODMAN were indicted for stealing thirteen cheeses, value 5 l. the property of David Dean , April 21st .

'There was no evidence to bring the charge

'home to the prisoner, but that of an accomplice,

'unconnected with any corroborating

'circumstances.'

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17770514-17

366. ANN ROBERTS , spinster , was indicted for stealing a canvas bag, and sixteen guineas in monies numbered, the property of John Robson privily from the person of the said John , April 8th .

NOT GUILTY .

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

Reference Number: t17770514-18

367. ANN ROGERS , spinster , was indicted for stealing a silver tea-spoon, value 2 s. a silk cardinal, value 10 s. a cloth cardinal, value 5 s. three linen aprons, value 2 s. three linen handkerchiefs, value 6 s. a silk handkerchief, value 2 s. a black silk hat, value 4 d. a silk riband, value 1 d. a stuff petticoat, value 2 s. and twelve shillings in monies numbered , the property of Mary Johnson , widow .

MARY JOHNSON . In the week after the last sessions, I lost the things mentioned in the indictment out of my apartment, but I left no one in the apartment except the prisoner, whom I had taken in out of charity; I was absent but about an hour, during which time the things were taken away; I found part of them upon the prisoner's back the same night; the apron, pettycoat, cardinal, and hat; she had lived with me about a week; I knew her from her birth.

[The things mentioned in the indictment were produced in Court, and deposed to by the prosecutrix.]

ANN HETTLE sworn.

At about eight or nine o'clock in the morning, while I was sitting at my own door, which

is about one hundred yards from Mrs. Johnson's; Mrs. Johnson's daughter, who is silly, came out and made a great noise; she said, her mother was robbed; upon that an alarm was given; at about nine at night, as I and my daughter were selling radishes in Goswell-street, we saw the prison Rogers with some money which she was chinking, and two men with her; I went up and asked her what was the matter? I found she was exceedingly in liquor; these two men did not know what to do with her; she said, O Mrs. Kettle, you know me; I did not know her immediately; soon after she said her name was Rogers, and she lived with Mrs. Johnson, then I knew her; she had the cardinal, hat, cap, and riband on; I desired the prisoner to take these things back to Mrs. Johnson to deliver them up to her; she was taken home by other people.

PRISONER's DEFENCE.

The person that speaks against me, has been tried herself twice at this place for her life.

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17770514-19

368. BENJAMIN JOHNSON was indicted for stealing a red Morocco pocket-book, value 10 s. a pencil with a silver top, a pair of nippers, and a steel corkscrew, value 3 d. a bank note, value 20 l. and another bank note, value 10 l. the property of George Carr , privily from the person of the said George , April 19th .

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

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17770514-20

369. SARAH BURKE was indicted for stealing two half-crowns and two shillings, and a piece of false and counterfeit money to the similitude of a half-crown of no value , the property of John Wick , May 1st .

SARAH WICK sworn.

I am the wife of John Wick , we live in Worcester-street, Old-gravel-lane: on the first of May I was going over to the King's Bench prison on some business; the children were walking in procession to St. George's Church ; I went up the steps to hear the sermon; the crowd was very great, and just as I got up the steps I felt something in my pocket; I turned round and caught the prisoner with my money in her, hand; I had nine shillings and sixpence or ten shillings in my pocket, it was all gone; I only found the two half-crowns and two shillings, and the bad half-crown upon her; I know the bad half-crown, the head stands the same way as the new halfpence.

JOHN THOMPSON sworn.

I was at the top of Old-gravel-lane when the children were going to the church; I went up with them just by the church; I heard a woman cry out, A pick-pocket; I turned round and saw the prosecutrix; she had hold of the prisoner; I likewise laid hold of her while she took the money out of her hand; there were two half-crowns amongst it.

ANN WRIGHT sworn.

I was standing at the church door; I saw the prisoner take her hand out of the prosecutrix's pocket with the money in it.

PRISONER's DEFENCE.

I saw a piece of paper lie on the ground, I took it up and found this money in it; I never was near the prosecutrix; I never saw her till she laid hold of me and took the money out of my hand; I said, Madam, if the money is yours take it.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17770514-21

370. JOHN FRASIER was indicted for stealing a silver watch, value 40 s. the property of James Gordon , May 6th .

NOT GUILTY .

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

Reference Number: t17770514-22

371. MARTIN STEVENS was indicted for stealing seven live lambs, value 4 l. 4 s. the

property of Christopher Bartholomew , May 8th .

NOT GUILTY .

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

Reference Number: t17770514-23

372, 373. JOHN ROBINSON and SARAH HOLT were indicted for stealing nine yards of pompadore silk, value 40 s. a pair of stone sleeve-buttons, value 4 d. and a plain gold ring, value 1 s. the property of John Shepherdson , May 3d .

BOTH NOT GUILTY .

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

Reference Number: t17770514-24

374, 375, 376. WILLIAM FRANTER , ELIZABETH PAGGOTT , and MARGARET HOPKINS otherwise HARTLEY , were indicted, the first for stealing a wooden cask, value 4 d. and fifty-six pounds weight of scrapings of butter, value 12 s. the property of George Bewley , and the other two for feloniously receiving the above goods, well-knowing them to have been stolen , April 7th .

ALL THREE NOT GUILTY .

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

Reference Number: t17770514-25

377. MARY HILL was indicted for stealing a patent net-caul for a cap, value 1 s. the property of Stephen Langston , Jarvis Chambers , and William Langston , May 13th .

WILLIAM LANGSTON sworn.

I am a haberdasher , in partnership with Jarvis Chambers and Stephen Langston : the prisoner came to our shop last Saturday evening and asked for some patent cauls; I was at tea at the time; I was informed she was there, and having a suspicion of her, I watched her and saw her take the caul while the young woman was reaching a box; after she went out of the shop I sent for her back by the porter, and then I sent for a constable, but before he came, she put the net-caul between her petticoats and dropped it on the ground; we had missed several things after she had been at the shop.

THOMAS WILSON sworn.

I was serving the prisoner; I laid down five cauls and went to reach some lace; when I returned there was but four left; I went out directly as she was brought into the shop to fetch a constable; she bought four cauls and a pair of lappets, and paid for them.

PRISONER's DEFENCE.

I might have had witnesses, but I had nobody to send for them; I live in Thames-street; I sell these things.

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17770514-26

378. JOHN PAUL was indicted for stealing a pair of silver tea-tongs, value 4 s. and a silver table-spoon, value 6 s. the property of Alexander Hoole , May 1st .

ALEXANDER HOOLE sworn.

I am a journeyman undertaker : on the first of May I lost the things mentioned in the indictment (repeating them).

[They were produced in Court, and deposed to by the prosecutor.]

JOHN WOODWARD sworn.

Between eleven and twelve in the forenoon, while I was drinking with some other people at the White Swan, I saw the prisoner go up Clarke's buildings where the prisoner lives; I went out of the house and watched him, and saw him go into the prosecutor's house and come out again; I laid hold of him, and said he had something he ought not to have; upon which he turned round and threw the things into the window of the house which was up, and he threw them into the beaufet; I collared him and took him into the passage and called for assistance; I found the things in the beaufet.

THOMAS MORGAN sworn.

I assisted the last witness to take the prisoner; he fell down on his knees, and said he took the tongs and spoons through necessity.

PRISONER's DEFENCE.

I found the things by the step of the door.

GUILTY .

Tried by the London Jury before Mr. Justice ASTON.

[Imprisonment. See summary.]

Reference Number: t17770514-27

379. BARNARD RILEY was indicted for stealing six linen cloths, value 5 s. the property of William Lovegrove , April 19th .

WILLIAM LOVEGROVE sworn.

I am a salesman in Leadenhall-market in the meat way : my man detected the prisoner with a bundle of cloaths in his basket; they came with meat; I am accountable for them if they are lost.

[They were produced in Court, and deposed to by the prosecutor.]

JOHN TURNER sworn.

I am servant to Mr. Lovegrove: upon the 19th of April, while I was at breakfast at the Queen's Head opposite the stall, I saw the prisoner step down and put the cloths in his basket and put some straw over them.

Where were the cloths? - At my master's stall in the market.

What time of the day was it? - Between eleven and twelve; I ran after and stopped him; I asked him what business he had with these cloths? I followed him about twenty yards; I took them away from him; he said a man hired him to carry them.

PRISONER's DEFENCE.

I cannot excuse myself, I have had misfortunes.

GUILTY of stealing to the value of 4 d . W .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17770514-28

380. EDWARD BRITAIN was indicted for feloniously killing and slaying James Lewis by divers times striking, beating and casting and throwing him to the ground, thereby giving him divers mortal bruises on the head and breast, of which said bruises he died , April 16th .

THOMAS JOYCE sworn.

Do you know the prisoner? - I did not know him till this unhappy affair happened.

Did you know the deceased? - I did not.

Did you see any thing pass between these people? - Nothing at all; I only heard of it after it was done; I know nothing but what I heard from the witnesses.

Mr. DAVID DAVIS sworn.

I am a surgeon: I was called to look at the man the day after he came to the hospital; the account given of him was, that he fell off his cattle; he seemed to me to have symptoms of an oppressed brain; he had vomitting and purging, and he raised his head and complained of it at times; I examined his head, but there was no external mark of any injury; I dissected him after he was dead, but could find nothing; he died about two hours after I first saw him; when I opened him I could not observe any thing that I could assign as the cause of his death.

Do you mean by that that you suppose the man died a natural death? - I suppose the brain had received some contusion that was the cause of his death; I could not see any thing when I opened him.

What did he die of? - I suppose of a fall.

GEORGE BUXTON sworn.

I went to a public house, the prisoner and the deceased were drinking together.

What day was it? - I don't know, about a month ago.

At what public house? - The sign of the London Apprentice ; about four in the afternoon, they were drinking and were very free together, some other persons came in and a man called for a pint of beer, and asked me and the deceased to drink with him; we drank with him, Britain stood at the back of the deceased, and asked him if he was to have none of it? Lewis said, No, he could not give him any, because he was only an interloper himself; Britain made answer, then I shall take care of you as well as other; so one word brought up another, and then they went out of doors to fight.

Did they fight? - Yes; they went out of doors directly.

How long did they fight? - I don't know exactly; I don't know whether it was so much as six or seven minutes; they had several blows and falls; at last the deceased fell on his head, he never stirred nor moved hardly afterwards; he was carried into the house and set on a seat and his hand lay on the table; he never spoke at all afterwards; the prisoner behaved in a very bad manner; he went cursing and swearing about the house, and insisted if he had done any damage to be taken up.

Were they in liquor? - Yes, very much both of them.

Was you present all the time? - I was.

Did it appear to you to be a fair battle? - I saw no foul blows.

JOHN SMITH sworn.

I came in at watering-time to have a pint of beer; the prisoner and the deceased were quarrelling when I came in; they challenged one another to fight and went out; they fought some time in the street, at last they had a fall which occasioned this man's death as far as I saw.

RICHARD BROOKS sworn.

I am a stay-maker: as I sat on my board I heard a noise; I went and saw two men fighting; the deceased fell, he got up again, and in about five minutes the prisoner fell; they got up again and both fell, and I believe the deceased's neck was put out of joint; he lay some time before any body took him up, then he was carried in; he lay two hours before any thing was done to him, then a doctor was sent for, and he said he supposed his neck was put out, and he was sent to the hospital.

GUILTY .

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

[Branding. See summary.]

Reference Number: t17770514-29

381. JOHN GIBSON was indicted for stealing twenty pounds weight of clover-seed, value 10 s. the property of George Fillingham , April 15th .

MARY GRIFFITHS sworn.

I live in a court in the Minories and sell saloop, which I have done many years: on the 15th of last month as I was going with my faloop between six and seven in the morning, I saw the prisoner take some clover-seed out of a bag upon the keys; I saw him fill his side-pockets with it and his hat; the seed was in bags, and one of the bags was cut; I did not see him cut the bag, but I saw him take it out; there were other people there, but no one was near him but myself; I have often seen him upon the keys; I am positive to his person.

WILLIAM WILLIAMSON sworn.

I am servant to Mr. Clarkson who had landed the seed, the seed is the property of Mr. Fillingham: I saw one bag of this clover-seed cut open about seven in the morning; receiving information from Griffiths I pursued and took the prisoner; I felt the seed in the inside of his pocket; there was seed sticking in it, but the seed had been emptied out, and in the lining of his hat and about his neck; this was about thirty yards from the place; I don't know what he did with it.

THOMAS REEVES sworn.

I am a watchman: when I came back in the morning, I had had the care of it over night, I found it had been cut; being the watchman I am to make good losses of that kind; I paid 13 s. 6 d. for what was lost.

PRISONER's DEFENCE.

I took it up and threw it down again.

GUILTY .

Tried by the London Jury before Mr. Justice ASTON.

[Branding. See summary.] [Imprisonment. See summary.]

Reference Number: t17770514-30

382. SARAH PHILLIPS , widow , was indicted for stealing two brass fenders, value 2 s. the property of Thomas Wilson , Francis Lee , and Elizabeth Clapham , widow , April 15th .

JOSEPH WORSOP sworn.

I am servant to the tap at the Swan with Two-necks in Lad-lane , which is kept by Thomas Wilson , Francis Lee , and Elizabeth Clapham : on the 15th of April last, about eleven at night, the prisoner passed by me; I suspected he had been taking something, as I had missed things from the yard; I followed her; the fender ran against the wall there; I laid hold of her; I found these brass fenders upon her and brought her back to the Swan tap.

CATHERINE HART sworn.

The last witness brought the prisoner back; I had left the two fenders at the door of a room up stairs between eight and nine o'clock; they are the property of Mr. Wilson, Mr. Lee, and Mrs. Clapham.

PRISONER's DEFENCE.

A man gave me the fenders.

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

Tried by the London Jury before Mr. Justice ASTON.

Reference Number: t17770514-31

383. WILLIAM RICHARDS was indicted for stealing three linen gowns, value 40 s. and three linen aprons, value 6 s. the property of Margaret Harris , widow , May 11th .

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

NOT GUILTY .

Reference Number: t17770514-32

384. SUSANNA GARDINER was indicted for stealing a pewter pint pot, value 10 d. the property of Samuel Phipps , April 21st .

SAMUEL PHIPPS sworn.

I am a publican; I keep the Black Bull in Cow-lane, West Smithfield : on the 21st of April, about eleven o'clock in the forenoon, as I was in the bar I saw the prisoner take a pint pot off the horse where it was put to dry; I went after her as she went out and took the pot from her; she begged of me to let her go; Mr. Grinley the constable saw me stop her; he came and searched her and found four other pots upon her.

PRISONER's DEFENCE.

I found this pot standing in the street; I cannot read; I went in to ask the gentleman if it was his.

GUILTY . W .

Tried by the London Jury before Mr. Justice ASTON.

Reference Number: t17770514-33

385. MARY the wife of William MITCHELL was indicted for stealing three yards of printed linen cloth, value 6 s. the property of Samuel Hayward , May 2d .

SAMUEL HAYWARD sworn.

I am a linen-draper , No. 9, Snowhill : I know nothing of the fact, I only speak to the property.

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

JAMES HAYWARD sworn.

I am journeyman to my brother: I saw Samuel Pothecary , the other witness, take the linen from under the prisoner's cloak in our shop on the 2d of May, about three o'clock; she came with two other women; one she called her sister, who bought goods to the value of 4 s. and 10 d.

Cross Examination.

Was you in the shop all the time the other women and the prisoner were in the shop? - Yes.

She had been a customer before? - Yes, once before.

Did you hear any conversation pass at the time this was taken from under her arm between her and Pothecary? did not she say she thought it was the linen her sister had bought? - No; not till she was before the Lord Mayor; she said it cleaved to her.

SAMUEL POTHECARY sworn.

The prisoner came with two other women into our shop; one of the women which she called her sister bought a piece of long lawn; on observing them turn the things over so much, especially the prisoner, I thought they meant to steal something; she asked the price of several things: a person came in to look at the patern of a gown, on turning round I saw the prisoner shook vastly and turned pale; I saw she kept her arm close to her side; upon that I went round and took up her cloak, and I found the linen under her arm; I asked her how she could be so base to take it; she said it stuck to her.

PRISONER's DEFENCE.

I took it up in a mistake; I thought it was what my sister had bought; my sister had not taken up the things she had bought; I did not take it with an intention to steal it; I never said it cleaved to me, if I was to die this minute.

She called several witnesses, who gave her a good character.

GUILTY of stealing to the value of 6 d . W .

Tried by the London Jury before Mr. Justice ASTON.

Reference Number: t17770514-34

386, 387. ANN ELLIOTT and MARY FISHER were indicted for stealing one black crape gown, value 4 s. one black stuff gown, value 2 s. two brown camblet gowns, value 8 s. three brass candlesticks, value 4 s. a white

linen apron, value 1 s. three quart pewter pots, value 3 s. and a black mourning cloak, value 21 s. the property of William Alloway , April 10th .

(The witnesses were examined apart at the request of the prisoner.)

WILLIAM ALLOWAY sworn.

I am a coachman and live in Liquor Pond-street : on the 10th of last April I lost the gowns and the other things mentioned in the indictment out of a box in my room; I saw them about half an hour before I missed them; I have never found any of them since the prisoners were in my room to see my wife's mother, who lay dead at the time and was buried that evening.

ELIZABETH HARRIS sworn.

I saw Mary Fisher come out of the prosecutor's house with a large bundle of cloaths.

When? - Upon the 10th of April, between 6 and 7 o'clock.

Was the other prisoner with her? - I don't know.

Do you know what was in the bundle? - I do not.

ANN WELLS sworn.

I heard a publican had lost his pots; I happened to say I saw Ann Elliot go by wit h a bundle and drop two pint pots out of the bundle.

When did you see her with the bundle? - The 10th of April, to the best of my knowledge.

Where did you see her? - In Laystall-street; something rattled in the bundle, and the bundle appeared to be black.

ELIZABETH GOODMAN sworn.

As I was coming down Laystall-street I met the two prisoners; Mary Fisher had the bundle in her apron; I saw it was black; I saw no more.

What time of day was it? - About 7 o'clock at night as near as I can guess.

ELIZABETH HORTON sworn.

I went to the burial of the prosecutor's mother-in-law; the things mentioned in the indictment were left in the apartment.

What day was that? - The 10th of April, I believe: the things were pulled off and laid in a box and the undertaker put the cloak on the box; the undertaker locked the door after us and put the key in his pocket; he followed us down stairs; when we returned, he was the first that went up stairs; when he got up, he said the door was broke open; the prisoners were in the room before we went to the funeral; they knew the woman that was deceased some years I believe.

The prisoners were not put upon their defence.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr Baron HOTHAM .

Reference Number: t17770514-35

388, 389. JOHN BANGAY and FRANCIS HALL were indicted for stealing eight linen shirts, value 5 l. the property of William Box , May 7th .

ANN BOX sworn.

Do you know the prisoner? - Yes; I live in the parish of Bethnall-green in a tenter-ground ; I take in washing ; yesterday was a week I lost eight shirts which were hung out to dry, between one and two o'clock; I had not turned my back from the shirts above five minutes before they were gone: the shirts were taken upon the prisoner.

Did you see them at the time? - I saw them directly as they were taken.

Did you see the prisoners about the place before? - No; the neighbours did; when the men were taken with the shirts, which was about five or ten minutes after, they sent for me immediately: the things are marked; they belong to a gentleman in Bunhill-row and a gentleman in Paternoster-row.

[The things were produced in Court by Thomas Batson , and deposed to by the prosecutrix.]

THOMAS BATSON sworn.

I saw the two prisoners in the tenter-ground on the Wednesday, about half after ten o'clock; Hall had the shirts loose under his arm, and Bangay pulled off his apron to wrap them up in, just at the end of the gate, as they came off the ground, they wrapped the shirts up in the apron.

Where was you at the time? - Coming down the walk on my master's business.

Did they see you? - Yes; I was about twenty yards from them; I asked them where they were going with the linen? one of them said, It was none of mine.

Who made that answer? - Hall; with that I laid hold of them.

Did you lay hold of both? - No, only one; I held him as fast as I could; he called the other to assist him, and got from me and went off; they were taken about 100 yards from me and brought back; that is the apron they were tied up in.

Who took them? - Thomas Smith .

Are you positive to the men? - Yes; the prisoners are the two men.

THOMAS SMITH sworn.

I was working at the buildings just by; I heard the last witness cry, Stop thief; I was on a scaffold; I went down and laid hold of Hall; he begged me to let him go, he said, he would give me any money, for a man wanted to beat him; I told him I would take care of him; I took him to a public-house, the sign of the Bald Stag; this was last Wednesday was a week about ten o'clock; I kept him till Manwarring came, and then he was taken to the office: the other ran by me when I laid hold of him.

HALL's DEFENCE.

He said before the justice he could not swear to either of us.

BANGAY's DEFENCE.

As I was > coming along I saw a man and Woman lay side by side in a field; the bundle lay by them; they saw me coming and got up and ran away and left the bundle behind them; I went and took it up; I had it under my arm, and these men laid hold of me.

BOTH GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17770514-36

390. ANN PHILLIPS was indicted for stealing 24 yards of linen cloth, value 20 s. the property of George Robinson , April 25th .

GEORGE ROBINSON sworn.

I am a linen-draper and live at the Seven-dials : I lost 24 yards of linen on the 25th of April out of my shop; the prisoner and another woman came in to buy a yard of linen, which they did; after which they desired to look at some printed linens; I shewed them different patterns; they made an excuse that they could not buy what they liked for want of money, and said they would come again; as soon as they were gone out of the shop I missed a piece of Irish, containing 24 yards; I followed them and overtook them about a rod from the house; I laid hold of the prisoner and found the cloth concealed in her petticoats; she made a stoop and it fell from her; I took it up; I have it here.

You seized her immediately? - Yes, and brought her back.

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

PRISONER's DEFENCE.

I did not take it, nor did the gentleman take it from me; the other young woman dropped it and ran away.

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17770514-37

391. ELIZABETH DAVIS was indicted for stealing five yards of callico muslin, value 20 s. the property of Joshua Mead , privately in the shop of the said Joshua , May 5th .

JOSHUA MEAD sworn.

I am a linen-draper in St. Martin's-court, St. Martin's-lane : I was not at home at the time the muslin was lost; I can only speak to the property.

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

WILLIAM PHILLIPS sworn.

I am journeyman to Mr. Mead: the prisoner and another girl came to our shop to buy some silk handkerchiefs; I shewed them some; she offered me 3 s. and 6 d. for one; I could not take it; some ladies came in; I put by

the handkerchiefs and went to the ladies; the prisoner said she would leave a shilling and come back for the handkerchief; one of the ladies asked for a pattern; I desired Mr. Wright, who was just come in, to cut off a pattern, and I went to speak to the ladies; the prisoner and the other girl went out; when they were gone Mr. Ball came and asked me, if two girls had been in our shop? I said, yes; and he shewed me the muslin and asked, if it was ours? I told him it was, and got a constable and secured the prisoner.

When had you seen it before? - It had been in the shop that day; I know it to be my master's property by the cut of it.

JAMES BELCHIER BALL sworn.

On Monday the 5th of May, coming through Newport-alley I saw two girls; I suspected them to be shop-lifters by their having a bundle in their arms and looking at it, and they kept looking behind them to see if any body observed them; I asked them, what they had got there? upon which they dropped it; I secured them and took them to several shops till I found who it belonged to; the prisoner had the cloth when I took her.

PRISONER's DEFENCE.

I know nothing of it; the other young woman had it, when she saw the man come towards us she threw it down at my feet and ran away.

GUILTY of stealing to the value of four shillings and ten-pence .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17770514-38

392. SARAH BURNE was indicted for stealing a pair of cotton stockings, value 6 d. a cloth waistcoat, value 2 s. a pair of men's leather shoes, value 1 s. a pair of base metal shoe-buckles, value 3 d. and a muslin neckcloth, value 6 d. the property of John Southey , April 29th .

JOHN SOUTHEY sworn.

I am a bricklayer and live in St. Giles's at present; I lost a waistcoat, a pair of stockings, a pair of shoes and buckles, and a neckcloth while I was drinking in a public-house; I was just come out of the country.

What is the sign of the public-house? - Mr. Mullings's the Cock in Dyot-street; I had the things on my back; this woman came in with an old waistcoat to sell; she asked 3 d. for it; I was drinking a pint of beer and was a little in liquor; she laid her head on my shoulder and said, Young man will you go to bed; I said, I did not care if I did; I went with her to a room in Dyot-street ; I pulled my things off and went to sleep.

When you got up you found your things gone? - Yes; I did not see her take them away.

Was any one in the room with you besides her? - No one but she and me; I locked the door when we laid down and the key was in the inside.

What time did you wake? - About five o'clock in the afternoon.

What time did you go to bed? - About twelve or one o'clock in the day-time.

You was, I suppose, a good deal in liquor? - Yes.

Have you recovered the things again? - Only the stockings; I found her the next day with my stockings on her legs; the constable has the stockings.

JOHN YOUNG sworn.

I am keeper of the round-house: this man brought the prisoner to me and gave change of her; I took her to the magistrate who was then sitting; he said she had his stockings on, and the magistrate ordered me to pull them off.

[The stockings were produced in Court, and deposed to by the prosecutor.]

PRISONER's DEFENCE.

I unfortunately happened to go into this house very much in liquor; this young man asked me to go to bed with him: I am not guilty of doing such things; he took me to a place where they harbour nothing but such people; he paid 6 d. for a bed; I told him I did not like to go into the house, but he would have me in; we went and lay down and I fell asleep; when I waked I could not think how I came in that place; I got up and put on these stockings by mistake; I knew nothing

that I had had a man with me; there were some young women in the next room, I don't know who they were.

To SOUTHEY. Were the woman's stockings left there? - I cannot say whether her stockings were, her shoes were left; I was forced to come down in them.

The prisoner was, I suppose, a good deal in liquor as well as you? - I cannot say; I never saw her before in my life.

Who proposed going to the house, you or the prisoner? - I paid for the bed myself.

Who proposed the house? - She herself; she knows she did.

Prisoner. O my God! he came to me to New Prison and wanted me to give him 5 s. to make it up; I told him, I thought it very hard to pay for what I knew nothing about.

Did you offer to make it up for 5 s.? - I offered to make it up if she would give me 5 s. or my property.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17770514-39

393. SARAH the wife of John HALSEY was indicted for stealing two linen gowns, value 20 s. a stuff gown, value 2 s. five check linen aprons, value 10 s. a linen shift, value 2 s. a child's linen frock, value 1 s. and a flat iron, value 1 s. the property of William Lilwell , March 20th .

The prosecutrix said, she was of opinion that the prisoner had pawned the goods she was indicted for stealing, in order to support the child of the said prosecutrix.

NOT GUILTY .

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

Reference Number: t17770514-40

394. MARY M'CARTY was indicted for stealing a linen gown, value 5 s. a black silk cloak, value 3 s. and a child's cotton jam, value 2 s. the property of Joseph Dean , April 14th .

ANN DEAN sworn.

On the 14th of April I lost the things mentioned in the indictment from my apartment; I had seen them a quarter of an hour before I missed them; they laid on a table in a room below stairs; I lost them about four o'clock in the afternoon; the next morning I took M'Carty; she took me to Mrs. Smith's house and shewed me where they were pawned; she did not disown that she had taken them.

[The things were produced in Court, and deposed to by the prosecutrix.]

ELIZABETH SMITH sworn.

I am a pawnbroker: I took these things in pawn, but I don't remember who I took them of.

NOT GUILTY .

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

Reference Number: t17770514-41

395. THOMAS COX was indicted for being found at large in the kingdom before the expiration of the term for which he had been ordered to be transported , April 21st .

JOHN HELEY sworn.

(Produces the copy of the record of the conviction.)

I examined that copy with the original at Mr. Follett's office; it is a true copy; I asked him, if he was clerk of the assize; he said, he was.

(The copy of the record read.)

THOMAS EDWARDS sworn.

Do you remember the prisoner being tried at Salisbury in the Summer assize 1773? - Yes; he was tried for forgery.

Is the prisoner the man? - I am sorry to say that I am perfectly sure he is the man; I was the prosecutor then.

JOHN HELEY . I apprehended the prisoner in Vine-street, Chandos-street; he was in bed along with a woman.

You was not present at the trial at Salisbury? - No; I would not wish to say what I apprehended him for.

PRISONER's DEFENCE.

I acknowledge I was in America; I was convicted for this affair; I have a witness to prove the reason of my returning, his name is Thompson.

FOR THE PRISONER.

JOSEPH THOMPSON sworn.

I knew the prisoner in America at Baltimore: one Captain Grice , captain of a company of the Provincials, entreated and almost insisted on his going into the company.

Did he force him into it? - He was not forced into it, but he could get no employment or livelihood on account of it; I came away on the same account myself; I failed the same day he failed; they threaten there if they will not enter into the companies to tar and feather them: I was settled there in business: on the 10th of September trade was stopped there, and there was no business for any one, and on the 14th I failed, and the prisoner sailed for Lisbon.

Was the prisoner bound for Lisbon? - The ship was bound for Lisbon; he entered as a sailor; they put in at Norfolk as I heard, having sprung a leak, and were taken by a man of war; to my certain knowledge he shipped himself for Lisbon.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17770514-42

396. THOMAS HATTELL was indicted for stealing 28 ells of yard-wide black alamode

silk, value 9 l. the property of William Baker , in the dwelling-house of Gabriel Hattell , April 21st .

NOT GUILTY .

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

Reference Number: t17770514-43

397. JAMES NEWBERY was indicted for that he knowing that David Jones had lately served our Lord the King on board the frigate or ship of war called the Acteon, and supposing wages due to him in respect of his service, did personate and assume the name and character of the said David Jones with intent to demand and receive the wages then due to the said David Jones , April 15th .

ADAM JELLICOE , Esq; sworn.

I am clerk to the treasurer for the payment of his majesty's navy: upon the 15th of April the prisoner applied at my house in Broad-street and demanded the wages of David Jones of the Acteon.

Are you sure the prisoner is the man? - Yes; upon asking him if that certainly was his name, and if he had got a certificate, he produced one which from the appearance I was certain was not signed by the officer who is named in it; and having some intimation before of such a design, we changed him very home with it, and he confessed his name was not David Jones; upon which he was taken before my lord mayor; there he said his name was Newbery.

This paper he gave to you is a certificate I suppose? - Yes.

How had you an intimation of his design to personate David Jones ? - I had a letter from the gunner of the Acteon, that a man applied to him to sign a certificate that his name was David Jones , which he refused to do, knowing his name was not David Jones, though he did not then recollect what it was.

Was there wages due to David Jones ? - Yes; I believe 4 l. 17 s. 4 d. the book will tell the sum.

Mr. JAMES SLAID sworn.

I am a clerk in the pay-office: I remember the prisoner coming to the pay-office; I asked him what part of the world he was born in; he said he was born in Hampshire; I told him David Jones was born in Carmarthenshire in Wales; then he said he did not recollect immediately where he was born, but he was brought up in Hampshire; I charged him with personating Jones, and told him he would be hanged, and he confessed his name was Newbery directly.

CHARLES WADES , Esq. sworn.

I am a clerk in the navy-office this is the Acteon pay-book ( producing it).

See for the name of David Jones in it? - I have such a name in it.

Was there any money due to him? - Yes, 4 l. 17 s. 4 d.

Can you find the name of James Newbery in it? - Yes.

Was there any money due to him? - Yes; it is paid, it was 6 l. 5 s. 3 d.

Was it paid to himself or his order? - To his order.

FRANCIS GRAY sworn.

I was gunner of the Acte on.

Do you know David Jones ? - Perfectly well.

Is the prisoner that man? - That is James Newbery; I know him perfectly well; they both belonged to the Acteon; on the 11th of May he came to my house at Deptford, and wanted a certificate that his name was David Jones; I was not at home at that time; he came again the next morning, the 12th; I asked him his name, he said it was David Jones ; I told him he did not go by that name.

You had failed with him? - Yes; we were together in the same ship.

You knew David Jones very well? - Yes.

Did you sign the certificate? - No; I took him to the house of Mr. Young the carpenter, and asked him if he knew Jones; he said, Yes; I asked him if that was him; he said, No; I then bid him be gone for a rascal; he made answer, if we would not give him one, he would go where he could get one; I gave notice of it that morning to the office by letter; the copy of which I have in my pocket.

PRISONER's DEFENCE.

I asked him for a ticket for Jones; I told him my father's name was Jones; I received

eight months pay before; I went with the Actcon, and lent Jones two pounds out of it; when we were together at Carolina, being mess-mates, we agreed to make writings that the longest liver should have all, which we did at Charlestown; the ship afterwards ran aground, and not being able to get her off, she was set fire to, and the writings and every thing else burnt.

Court to GRAY. Is it a common thing for seamen to make these bargains and contracts together? - I have known one or two instances of it.

What is become of David Jones ? - After our frigate was burnt, he was put on board another ship to go to New York, and I heard afterwards that he was dead, but I cannot say how true it was. The prisoner behaved very well on board, and obeyed all orders.

NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM .

Reference Number: t17770514-44

398, 399, 400. JAMES DIGNAM , PATRICK SEAGROVE , and MATTHEW FARRELL , were indicted for feloniously, wilfully, and maliciously making an assault upon Robert Raby , and that James Dignam , with a certain wooden stick, on the left side of the head, feloniously, wilfully, and of his malice aforethought the said Robert Raby did strike and beat, thereby giving to the said Robert a mortal fracture of the skull, of which he languished from the 1st of April unto the 19th of April, and then died; and the other two for being present, aiding, abetting, comforting, and assisting the said James the murder aforesaid to do and commit .

(The witnesses were examined apart at the request of the prisoners.)

MARY MACWARN sworn.

Did you know the deceased Robert Raby ? - Yes.

Was you present when any thing happened to him on the 1st of April? - No; I was coming from Stepney at about half after nine at night; there was nine of us besides the deceased; we were coming from the Beckford's Head at Stepney to London; I heard Mary Simpson cry out murder; as soon as I heard her cry out murder, my husband and I, who were before stopped, and her husband was knocked down as I heard, he came up to my husband and I, and said, For God's sake come back, for my wife is, I believe, murdered; my husband had a lighted candle in his hand; we walked with lighted candles in our hands.

Was it so dark? - Yes; it could not be much darker; my husband went back again; he was on before me a very little way when I saw him fall; whether he was struck or his foot slipped, I did not know; the candle went out directly; my husband said he was knocked down; there were three of the men came up; I do not know whether the prisoners are the same men; I did not see one of them; as my husband was getting up again, another made over the bank towards him, and struck him across the fingers; he reeled upon that, and by his reeling he pushed one of the men down that came over to strike him; we had that one down in the ditch some time, and the rest ran away; as soon as my husband recovered, and got up from the man, another of our company kept that man down, and my husband got up and went after four men that I could see in the fields at a distance; he went after them trying to lay hold of them, I laid hold of him by his jacket, and said, For God's sake come away, for they are making up to you; I saw two come one way, and two come another; with that I got away, and jumped over a bank; just as we got almost to the latter end of the field, my husband cried, Halloo! with that we stopped.

Who was with you? - The best part of them; we came along the road; he gave me his hat across the bank; he said, For God's sake take hold of my hat; I asked him if he was hurt; he said, His head was cut, and he thought his fingers were struck off; while I was talking to him, the deceased came up; I asked him whether he was hurt; he said, That he was almost killed.

How long might this be after it began? - About seven or eight minutes; we could not get any light till we came to the Half-way house; by the light of the lamp there I saw the blood running down his cloaths from his head, as high as I could tell; he was so

black with the blood, that I could not see where it came from; all our company gathered together; the first house we came to was the Dolphin in Cable-street; I called for a pail of water to wash his head; I washed all the blood off his head as well as I could; I saw the cut in his face, and could not wash him any more; I tied my apron round his head, and a milk man paid for a coach, and Mary Sinclair and I took him to the Infirmary.

How long did he live? - Three weeks all but three days, to the best of my knowledge.

You do not know any more about the beginning of this than what you have told me; Mary Sinclair calling out was the first that you knew of it? - It was.

You say it was so dark you could not distinguish any of the men; look at the prisoners and see if you know whether they are part of the men? - I cannot; I saw but one that was in the ditch, and he hid his face, and I got off as well as I could; I do not know any one of them.

MARY SINCLAIR sworn.

I was coming from Stepney on Easter Tuesday night; my husband and I were the last behind, all the rest of the company were on before.

The company was pretty large? - There were ten in company; we were in the second field from the Green Dragon from Stepney, a man jumped out of a ditch upon me and my husband, and took me away, and knocked my husband down.

Do you know who that man was? - If I was to see him I should know him.

Were either of the prisoners this man? - Neither of them is the man that meddled with me; my husband said, Gentlemen, do not use my wife ill; she is my wife; Your wife, said he, and called him some bad name I cannot justly express, and knocked him down, there he lay for some minutes before he recovered himself; they strove to take me through the posts towards the Green Dragon; I screamed out, and made all the resistance I could; then the company made up to me; one that was in our company ran up to me with a light; he came up to me, and asked what was the matter; a man jumped up and knocked him into the ditch with the candle.

Do you know who that man was? - A man that is not yet taken; then there came up a good many more men over the bank, and fell a beating us with sticks; and that man that was in the ditch made his escape, and then another man jumped over the bank, we got him, and wanted to bring him to the watch-house.

Who is the man? - To the best of my knowledge that man (Seagrove) at the bar is him.

Do you swear positively to him? - I cannot do that; when we had him to bring him to the watch house, the men that were beating us ran over to the rope-ground, and pulled down the staves, and came back and beat us again; when they came through the posts with the sticks, they said,

"You bloody dog,

"let the man go;" with that Robert Raby , that is dead, had hold of the man in the ditch, and was for bringing him to the watch-house; said I, For God's sake Bob Raby , let him go, for we shall all be murdered; he said, No, he would have him to the watch-house, for they meant no good to us, that they had got the wrong persons, upon that a man struck him over the back; he said, Gentlemen, this is soul play, to ill-use a company that did not molest you.

Do you know who the man was that struck him over the back? - No, the man followed him close and struck him again; with that Bob Raby fought with him again; the man had a stick that he beat Raby with, but Raby had nothing but his hands; the sticks came so heavy upon us, that some of the company were obliged to run way; us three women ran over into the field; a man ran after me and struck me on the thigh with a stick; I turned round and caught hold of the man by the skirt of his coat, and tore one skirt off; then I went over a field; I laid still awhile till I heard some of our company cry out, We will go back to the women, they shall not be ill used if we lose our lives; a little after that I asked where Bob Raby was; they said they did not know, they believed he was murdered;

I said, Let us all go back to look for him; as we were getting over the bank to look for him, he came along the path-way; this was a few minutes after; I said, Are not you almost killed? he said, No, not hurt much, don't frighten yourself; he begged of some of them to help him over the bank; when we helped him over the bank, we could not see a bit of him for blood, his face and his head were so much bruised; we then made up to the turnpike, I took him towards the lamp to look at him; I saw he was all over blood; I said, O Bob, you are worse than you think for; he said, O yes, I am done for now; then we went in a coach with him to the hospital; I asked him several questions in the coach; I asked him if he knew any of them? he said, He believed he should know them if he saw them again, for three of them he knew very well.

Did he name any of their names? - No; I asked him what he was cut with; he said, A stick, that if it had been cutlasses, he should have been in pieces he had so many blows at a time; I asked him what he was cut through the cheek with; he said, With a knife; he was cut through and through his cheek; he said they returned again; he heard them a coming back again, and lay still in the ditch where they left him. stisted his breath in the ground; then they stamped upon his back, and said, He was not quite dead, and his mouth was full of mud and dirt, and they wanted to pull his coat off; they took away his hat, his handkerchief, and shoes; he told them he would sooner lose his life than his handkerchief.

It was a very dark night? - Yes; and the light hindered our fight when we got it.

You don't know either of the other two prisoners, and don't speak positive to Seagrove? - No; I thought I saw him next day at the butcher's shop buying some meat; I went into the shop and looked at the meat; when I went in to look at the meat they talked Irish to one another and went off and left the meat in the scale; I went to get somebody to take them, and we pursued them, but could not get them.

Do you speak positive to Seagrove? - I cannot.

Cross Examination.

You seem to have been there at the begining of this affair? - Yes.

Can you give any account what was the commencement of the quarrel? - Nothing at all, they broke out upon us.

What was their intent, did they want to rob you? - I cannot tell what their intent was, it could be no good.

How many men were there from the beginning to the end that engaged in this fray? - I saw four, besides others that were over the bank that I cannot give an account of.

There were more than four concerned? - Yes.

DAVID MACWARN sworn.

I left Stepney with these people the night when this affair happened, I was going on first with a candle; my wife and one Cleeves, a book-binder, we had a candle in our hand to light ourselves along, it was pretty dark, but a very still night; I heard Mary Sinclair holloa out murder, I imagined that her husband and she were having some words, they were walking arm in arm; I said to my wife, I hope they are not going to quarrel going over the fields; then her husband holloaed out murder; he called to me by name, being a shipmate of his, to assist him; I ran with a candle; the first man I saw was a very tall man pitted with the small pox.

Do you know the man? - Yes; neither of the prisoners is the man: I said, Friend, what do you stop our company for? with that he made a blow at me, I drew back; he missed his blow, I flew at him with the candle and struck him with my fist; he went down, I went over him; the candle went out; he thought then to make his escape from me; I caught him by the skirt of his coat, and held him; the rest of his party withdrew to a little distance, thinking we were armed, but we had not even a switch in any of our hands; the rest of the party flew off; I took hold of this man and said I would carry him to the first watch-house we came to, to know why he lay in ambush in the fields to abuse the company that came; the words were hardly out of my mouth when my wife called Davy, Davy, they are a coming over the bank; I let

the man go; the first man that I saw that jumped over the bank to me was Matthew Farrell ; seeing him very vigorous, with a stick in his hand, which I took to be a piece of a pale, and he flew over the bank to me; I held up my left hand to save the blow from my head; he struck me on the fingers, which put three of them out of joint; I up with my hand and cut him under the eye; I had him reeling; I thought to have him down and take the stick from him; in the mean time the rest of the party came up, and three of them fell upon me and cut me over the head in two places; they knocked me down; I lay upon the grass; I was not much in liquor, for we had only drank five pots of beer between five men and women of us, that was all we drank at Stepney; I being a little sober, I put my right arm over my head and lay in the grass, and the blows all came upon my arm, and I have been lame for near three weeks; I could not lift my arm, and they bruised two of the veins; I cried out for mercy; understanding they were all Irish, I cried out, Don't murder me, I am Irish as well as you; one made answer,

"I shall lick you for Irish sake, d - n your eyes:" the blows came heavier and heavier upon my arm; one of them cried out, D - n your eyes, he has got enough, and they quitted me; I I crawled twelve or thirteen yards as well as I could in the field before I would rise again for fear of their returning upon me; then I made to the bottom of the field; when I came down there the first man I saw there was Robert Raby ; I said, Who is that? said he, It is Bob Raby ; I said, I believe I have lost three of my fingers, I believe they are cut off; one was cut and bled greatly, and that I was afraid I had lost the use of my arm; I asked him if he was cut; he said, O yes, I am; I looked at him, and said he was cut worse than me, for I could not see a bit of his face for blood; when we got to the bottom of the field, I heard the women calling out to us; when I came to the bank I could not get over it; when we came to the first house, which was the Dolphin, my wife washed Raby's head and put an apron round it.

Cross Examination.

You had a candle in your hand? - Yes.

The first person that you saw was a man you have described as being pitted with the small pox? - A very little, and with white coloured hair, and a light-coloured surtout coat with a crimson collar that had been worn a good deal.

What buttons? - I don't recollect.

That man is not here? - No.

Had you the candle in your hand at the time you saw him? - Yes, I had a light; I came up close to him, looked in his face and spoke to him before he made a blow at me.

How long was it after you had been in the ditch and the candle went out before you saw the man that you say is Farrell? - About ten minutes to the best of my knowledge.

How had you been employed during that time? - I wanted to get this man up.

You was struggling with him all the time? - No, I had got him upon his knees.

Whilst you had hold of this man some people, one of whom you think was Farrell, leaped over a ditch? - I had let him go at the time when the women called out to me that they were coming.

Was he near enough to strike you from the top of the bank without leaping down? - He jumped at me at once.

How wide is the ditch? - It is only a drain that is cut down.

Is it a yard wide? - Not quite a yard I believe.

He leaped upon you suddenly? - No, I saw him perfectly, he stood upon the top of the bank for a couple of minutes I believe, and then jumped vigorously at me when I let the man go.

Was your attention more engaged in looking at him or in scuffling with the man that you had hold of? - I could not scuffle with him then, because I left him when the women called out to me.

I presume the reason why you held the man was to carry him to the watch-house or some where? - Yes.

Then your attention was engaged by securing the man? - Yes.

How came you to let him go? - Because of the rest of the party coming.

You would not have let him go if you could have kept him? - No.

Describe the sort of stick this man had; it was a little bit, a pale I think you called it? - It made my arm ache, it was a part of a pale that they nail up at the fields.

How long was it? - About a yard.

How broad? - About the breadth of three fingers; I picked up some of the pieces next morning.

When he struck you you closed with him and gave him a cut under the right eye? - Yes.

You know him then by that cut? - Yes; and by his complexion.

This was not a very moonlight night? - No, it was a dark night; I was much resolved to know some of them.

You know his complexion too? - Yes; that is the very man, I described him before he was taken.

You had never seen him before? - No, never to my knowledge.

And you know him particularly by the cut you gave him under the eye? - Yes; I described him as to his person.

COURT. Did you see the cut under his eye at the time you gave it him? - At the same time I struck him I cut my own kunckle with the blow; I saw then that I had given him a cut.

Counsel for the Prisoner. Have you never said that it was with a knife you cut him? - Yes.

Why did you say so? - Because it was so.

Then how can you say you cut your knuckle? - With the knife; it was a little knife that the woman gave me that she picked stitches of the cloaths she mends; she gave it me out of her pocket to assist me; the spring broke and turned and cut my knuckle.

Did you observe the blood come from the wound immediately after you cut him? - Yes; and these girls picked up the knife in the grass next day in the field; the boy lost the knife out of his pocket coming home, or I should have had it here.

MARGARET RICHMOND sworn.

I am the nurse of the hospital: I attended the deceased from the first to the last; he came to the hospital the first of April; I carried him a dish of tea the next morning, and asked him if he could give any account of the last night's transaction? he said he could; I did think then that he was in no danger at that time.

Did he apprehend himself in any danger? - Not in the least.

COURT. I shall not admit evidence to be given of that as a dying declaration.

Did you hear him say any thing when he knew that he was dying? - Not a word; nobody was suffered to speak to him.

COURT. It is not evidence to be received when a man does not apprehend himself to be in danger, when he does, from the awful circumstances it is supposed he will speak the truth, and nothing but the truth.

ROBERT SINCLAIR sworn.

I came from Stepney with my company; my shipmate had a penny candle in his hand, and we were singing very merry together; my wife had hold of my right arm; up jumped a lusty stout man,

"You bloody thief (says he)

"has not that woman been along with me all

"day?" I said, No, she is my lawful wife; he knocked me down directly; we had that man in custody for some time.

That man was not one of the prisoners? - No, I cried out for my shipmate, Davy; I cried out murder, and so did she; Davy ran to my assistance, and all my company seized this man; my shipmate and he made a blow at one another, they rolled into the ditch together, they by that means got him in custody; the candle went out; we kept him about twelve minutes in custody; we wanted to know his reason of stopping any person upon the road at that hour of the night; he made no answer but kept growling; we wanted to take him to the watch-house, to know what was the reason of his lying in ambush in ditches in that manner; my shipmate said, Let us take him a-top of our backs and carry him aboard of a tender, or to the watch-house.

Did you see any blows given to any body? - I never saw any blow given, but the blow I received on the right-side of my head; the man that we had had a pocket-book of his, his name is Hanley.

BRIDGET IRELAND sworn.

I was of the company that night.

Was the deceased Robert Raby with you? - Yes.

Did you see him struck? - I did not.

Do you know any thing of the prisoners being there? - I cannot swear to either of them.

- THORNE sworn.

Was you of this party on the first of April in Stepney-fields? - I was.

Did you see the prisoners there? - No, I cannot swear to any one.

THOMAS CLEEVES sworn.

I was in Stepney-fields that night with the rest of the company.

Did you see either of the prisoners there that night? - Not to my knowledge.

Cross Examination.

You knew Dignam before? - I was no ways acquainted with him, but I saw him in a public house.

But you saw none of them there? - Not to my knowledge.

ROBERT MATTHEWS sworn.

I was with the company in Stepney-fields upon the first of April.

Look at the prisoners; were either of them there? - I cannot swear to any one that was there.

Mr. THOMAS BARKER sworn.

I saw the deceased as soon as he was brought into the hospital; when I examined his head, I found two or three contused wounds; one was of a considerable length on the left-side; I dressed the wound superficially that evening; the next morning it was thought adviseable to scalp him; when the scalp was removed I found a fissure of the skull; the man was perfectly sensible.

How long did he continue so? - I only attended four days; he remained perfectly sensible all the time I attended him.

Do you know how long he lived? - No.

And you did not see him afterwards? - I saw him occasionally.

Did you see him when he was dying or after he was dead? - No.

Do you know whether the wounds he received were the cause of his death? - I cannot say that; during the time I attended him he was perfectly sensible.

The prisoners were not put upon their defence.

ALL THREE NOT GUILTY .

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

Reference Number: t17770514-45

401. THOMAS DOWNES was indicted for stealing thirty pounds weight of bacon, value 15 s. the property of Joseph Cookson , April 19th .

JOSEPH COOKSON sworn.

I keep a cheesemonger's shop in Fleet-market : on Saturday evening the 19th of April I observed the prisoner loitering about my shop; having lost several pieces of bacon, I desired my servant to watch him; whilst I was serving them my servant ran after the prisoner, I followed him; in about thirty yards from the shop I saw the bacon in the prisoner's arms.

JOHN HUGHES sworn.

I am servant to Mr. Cookson: the prisoner was looking about the shop for seven or eight minutes; my master bid me watch him; I watched him for about the space of five minutes; he viewed the bacon; I thought he was going to take it away; in about five minutes after that he took the bacon away in his arms; I pursued him; jumped round his neck; my master came directly and took the bacon from him.

[ Thomas German , the constable, who ha d the charge of the prisoner, produced the bacon in Court, and it was deposed to by the prosecutor:]

PRISONER's DEFENCE.

I was coming home thro' Fleet-market; I was much in liquor; two men came with me to lead me along, one on each side of me; I was so much in liquor I could not stand; one of these men that was with me bid me stop, and he went about this shop, and one of them gave me a piece of bacon; I did not know but it belonged to him; he said, Hold this while I make water; then they ran away and left me; I was so much in liquor that I could not stir from the place; I did expect a counsel to plead for me and some of my friends here, but there are none of them here.

JURY. Was the prisoner in liquor when you took him?

Prosecutor. He appeared to be in liquor afterwards.

Prisoner. The witnesses are to my character; I have lived sixteen years in one house.

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17770514-46

402. WILLIAM BOWDEN was indicted for stealing a linen handkerchief, value 10 d. the property of David Gilbert , April 27th .

DAVID GILBERT sworn.

I lost a handkerchief; I missed it before I got into Smithfield on the 27th of April.

CHARLES JEALOUS sworn.

On the 28th of April in Chick-lane, we saw the prisoner going to offer some handkerchiefs to sale; I took a great many from him; this is one of them (the handkerchief produced).

Prosecutor. That is mine to the best of my knowledge.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17770514-47

403. JOHN DALVEY was indicted for stealing a leather saddle, value 15 s. the property of Ann Sharpe , widow , April 27th .

- SHARPE sworn.

I am the son of Mrs. Ann Sharpe who lives in Bridge-street, Black-friars Bridge: there was a saddle stole out of our stable as I was informed in Brewhouse-yard, Shoe-lane ; I can say no more than that such a saddle was lost.

JOHN LEE sworn.

I am horse-keeper to Mrs. Sharpe: I have been ill of late; I saw this saddle about a month ago; the prisoner attended the stable in my illness; I came into the stable after I was a little recovered and missed the saddle; the prisoner having the care of the stable was taxed with having taken the saddle; he at first denied it; afterwards he took me with him to a house in Field-lane, where he said he had sold the saddle for a shilling; I told him, if he would confess this and other things that were lost, and tell where they were, that Mrs. Sharpe would treat him with more lenity.

ANN GURREY sworn.

I saw the prisoner take the saddle away as I was standing at my door; I live opposite the stable; it was last Sunday was a fortnight; I saw him take the saddle away upon his back.

PRISONER's DEFENCE.

In cleaning the stable out I found this old saddle at the corner of the stable; I took it sure enough to Fleet-lane and sold it for nine-pence; I found it under a heap of dirt and rubbish.

GUILTY of stealing to the value of 10 d .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: o17770514-1

On the First Day of the Sessions, DOCTOR WILLIAM DODD was set to the bar, when Mr. Justice Aston informed him of the Opinion of their Lordships the Judges, as follows:

Mr. Justice ASTON.

Doctor William Dodd , when you was brought up in last February Sessions to plead to an indictment found by the grand jury of Middlesex against you for forgery, before you pleaded, or the trial was proceeded upon, a question was submitted to the Court by you with the advice of your counsel, which was reserved for the opinion of the Judges; that is, whether you was bound to plead to and ought to be tried upon that indictment, as the name of Lewis Robertson , committed for the same forgery, appeared to be indorsed as a witness upon the bill of indictment, and that he had been taken before the grand jury to be examined as a witness by means of an order directed to the keeper of Newgate, which had been improperly obtained, on the 19th of February, and which was afterwards vacated by the Court.

The Judges have met, and have fully considered the whole matter of this objection, and they are unanimously of opinion, that the necessity of some proper authority to carry a witness who happened to be in custody, before the grand jury to give evidence, regards the justification of the gaoler only; but that no objection lies upon that account in the mouth of the party indicted, for in respect of him the finding of the bill is right and according to law.

Whether a private prosecutor, by using an accomplice in or out of custody as a witness, gives such a witness a plea not to be prosecuted, or can entitle himself, the prosecutor, to have his recognizance discharged, is a matter very fit for consideration under all the circumstances of the particular case when that question shall arise; but it is a matter in which the party indicted has no concern, nor can he make any legal objection to the producing such a person as a witness, for the accomplice is against him, a legal and a competent witness, and so was Lewis Robertson upon the bill of indictment preferred against you.

The Judges, therefore, are of opinion that the proceedings upon that indictment against you were legally had, and that you was thereupon duly convicted according to law. Of this opinion I thought it most proper thus early to apprize you, that you may be prepared for the consequence of it at the close of the Sessions.

Dr. DODD. My Lord, I humbly thank your Lordship and the rest of the learned Judges for the consideration you have been pleased to give to the objections made by my counsel on that awful day of my trial, and I rest fully satisfied, my Lord, in the justice of your Lordships opinion.

On the Last Day of the Sessions, Dr. WILLIAM DODD was set to the Bar in order to receive Sentence.

Clerk of ARRAIGNS. Dr. William Dodd , you stand convicted of Forgery, what have you to say why this Court should not give you judgment to die according to law?

Dr. DODD. My Lord, I now stand before you a dreadful example of human infirmity. I entered upon public life with the expectations common to young men whose education has been liberal, and whose abilities have been flattered; and when I became a clergyman, I considered myself as not impairing the dignity of the order. I was not an idle, nor, I hope, an useless minister; I taught the truths of christianity with the zeal of conviction and the authority of innocence. My labours were approved; my pulpit became popular; and, I have reason to believe, that of those who heard me, some have been preserved from sin, and some have been reclaimed. Condescend, my Lord, to think, if these considerations aggravate my crime, how much they must embitter my punishment!

Being distinguished and elevated by the confidence of mankind, I had too much confidence in myself, and thinking my integrity - what others thought it - established in sincerity, and fortified by religion, I did not consider the danger of vanity, nor suspect the deceitfulness of my own heart. The day of conflict came, in which temptation surprized and overwhelmed me! I committed the crime, which I entreat your Lordship to believe, that my conscience hourly represents to me in its full bulk of mischief and malignity. Many have been overpowered by temptation, who are now among the penitent in Heaven!

To an act now waiting the decision of vindictive justice, I will not presume to oppose the counterbalance of almost thirty years - (a great part of the life of man) passed in exciting and exercising charity; in relieving such distresses as I now feel; in administering those consolations which I now want. I will not otherwise extenuate my offence, than by declaring - what I hope will appear to many, and what many circumstances make probable - that I did not intend finally to defraud. Nor will it become me to apportion my own punishment, by alledging, that my sufferings have been not much less than my guilt. I have fallen from reputation, which ought to have made me cautious; and from a fortune which ought to have given me content. I am sunk at once into poverty and scorn: my name and my crime fill the ballads in the streets; the sport of the thoughtless, and the triumph of the wicked!

It may seem strange, my Lord, that, remembering what I have lately been, I should still wish to continue what I am. But contempt of death, how speciously soever it might mingle with Heathen virtues, has nothing in it suitable to Christian penitence.

Many motives impel me to beg earnestly for life. I feel the natural horror of a violent death, and the universal dread of untimely dissolution. I am desirous to recompence the injury I have done to the Clergy, to the World, and to Religion; and to efface the scandal of my crime, by the example of my repentance. But, above all - I wish to die with thoughts more composed, and calmer preparation.

The gloom and confusion of a prison, the anxiety of a trial, the horrors of suspense, and the inevitable vicissitudes of passion, leave not the mind in a due disposition for the holy exercises of prayer and self-examination. Let not a little life be denied me, in which I may, by meditation and contrition, prepare myself to stand at the tribunal of Omnipotence, and support the presence of that Judge, who shall distribute to all according to their works; who will receive and pardon the repenting sinner; and from whom the merciful shall obtain mercy.

For these reasons, my Lord, amidst shame and misery, I yet wish to live; and most humbly implore, that I may be recommended by your Lordship to the clemency of his Majesty.

SENTENCE.

Mr. RECORDER.

Dr. William Dodd , you have been convicted of the offence of publishing a forged and counterfeit bond, knowing it to be forged and counterfeited, and you have had the advantage which the laws of this country afford to every man in that situation, a fair, an impartial, and an attentive trial.

The Jury to whose justice you appealed have found you guilty; their verdict has undergone the consideration of the learned Judges, and they found no ground to impeach the justice of that verdict; you yourself have admitted the justice of it, and now the very painful duty that the necessity of the law imposes upon the Court to pronounce the sentence of the law against you remains only to be performed.

You appear to entertain a very proper sense of the enormity of the offence which you have committed; you appear too in a state of contrition of mind, and I doubt not have duly reflected how far the dangerous tendency of the offence you have been guilty of, is encreased by the influence of example, in being committed by a person of your character and of the sacred function of which you are a member. These sentiments seem to be yours; I would wish to cultivate such sentiments; but I would not wish to add to the anguish of a person in your situation by dwelling upon it.

Your application for mercy must be made elsewhere; it would be cruel in the Court to slatter you; there is a power of dispensing mercy where you may apply. Your own good sense and the contrition you express will induce you to lessen the influence of the example by publishing your hearty and sincere detestation of the offence of which you are convicted, and that you will not attempt to palliate or extenuate, which would indeed add to the degree of the influence of a crime of this kind being committed by a person of your character and known abilities; I would therefore warn you against any thing of that kind. Now having said this, I am obliged to pronounce the sentence of the law, which is,

"That you, Doctor William Dodd , be carried from hence to the place from whence you came, that from thence you are to be carried to the place of execution, where you are to be hanged by the neck until you are dead."

Dr. DODD. Lord Jesus, receive my soul!

Reference Number: s17770514-1

The trials being ended, the Court proceeded to give judgment, as follows:

Received sentence of death, 3.

Dr. William Dodd , Joseph Harris , and James Lucas .

Navigation for three years, 4.

John Cumings , John Paul , John Bangay , and Francis Hall.

Three years imprisonment in the House of Correction, 4.

Sarah Armstrong , Ann Rogers , Sarah Burke , and Ann Phillips .

Branded and imprisoned one month in Newgate, 2.

Thomas Thomas and John Gibson .

Branded and imprisoned three months in the House of Correction, 2.

Sarah Deane , and Elizabeth Davis .

Whipped one hundred yards in Bishopsgate-street, 1.

George Hawkins .

Whipped, 8.

Barnard Riley , Sarah Phillips , Mary Hill, Susannah Gardiner , Mary Mitchell , John Hambury , Thomas Downes , and John Daley .

Branded, 2.

Edward Cook , and Edward Brittain .

Reference Number: a17770514-1

*** Trials at law, and arguments of counsel, taken in short-hand by JOSEPH GURNEY (writer of these proceedings) of Southampton Buildings, Chancery-lane.

Of whom may be had Brachygraphy or Short-writing made easy to the meanest Capacity.

Reference Number: a17770514-2

*** Trials at Law and Arguments of Counsel taken in Short-hand by JOSEPH GURNEY of Southampton-Buildings, Chancery-lane.

Of whom may be had,

BRACHYGRAPHY, or SHORT WRITING made easy to the meanest capacity.


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