Old Bailey Proceedings, 15th October 1777.
Reference Number: 17771015
Reference Number: f17771015-1

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 15th of October 1777, and the following Days;

Being the EIGHTH 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 VIII. PART I.

LONDON:

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

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of 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 WILLIAM HENRY ASHHURST , Knt. One of the Justices of his Majesty's Court of King's Bench; the Honourable Sir JAMES EYRE , Knt. One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; THOMAS NUGENT ; Esquire, Common Serjeant; 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.

John Acton ,

Thomas Pike ,

John Heley ,

Joshua Gregory ,

John Morgan ,

John Oakes ,

William Phillips ,

Benjamin Ivory ,

Stephen Clarke ,

James Bolter ,

Edward Thornton ,

Charles Poyner .

First Middlesex Jury.

William Wilton ,

Josiah Wallis ,

Nathaniel Allen ,

John Body ,

Joseph Reed ,

William Rogers ,

Charles Morgan ,

Thomas Gilbert ,

Richard Dowding ,

John Berkley ,

Samuel Burton ,

Joseph Ainsley .

Second Middlesex Jury.

John Scott ,

John Jenkins ,

James Blay ,

James Hergest ,

Timothy Bentley ,

John Graterix ,

Francis Jones ,

John Tidmarsh ,

Alexander Hewitt ,

William Chapman ,

Caesar Andrews ,

William Crasswell .

Reference Number: t17771015-1

615. BENJAMIN RUSSEN , Clerk , was indicted for that he in and upon Ann Mayne , spinster , did make an assault, and her the said Ann against her will did feloniously ravish and carnally know , June 18th .

2d Count. For the same offence on the 11th of September .

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

ANN MAYNE called.

How old are you? - I was ten years old in July last.

You have been bred up at this school, have not you? - Yes.

Do you know now that you are come here to be sworn as a witness? Do you know the nature of an oath? What do you think would happen to you, if you was upon the oath that you are to take here to say what is untrue? Where do you suppose that wicked people will go to in the next world? You know there is a God? - Yes.

And you know there is heaven and hell? - Yes.

Where do good people go to in the next World? - To heaven.

Where do wicked people go to? - To hell.

Do you know it is a bad thing to tell a lie? - Yes.

And that it is much worse to say what is false when you are sworn? - Yes.

[She is sworn.]

COURT. Don't be afraid, so long as you speak the truth you need not be afraid of any body.

You know the prisoner at the bar? - Yes.

He was your master? - Yes.

You are in the charity-school at Bethnal-green , I believe? - Yes.

Give the Court and the Jury an account of what the prisoner at the bar did to you, and the time when, as near as you can, and relate all the circumstances of it. Speak out, and don't be afraid. - Mrs. Russen is mistress of the charity-girls; when her daughter went upstairs to mind the children, he asked her to let me stay below with him when he went to sleep after dinner, for fear he should fall into the fire; when she was gone upstairs he took me upon his knee, and then put me down and put up my petticoats, and put his finger up between where I make water.

Where did he put you when he put you off his knee? - Close to him; he sat and I stood for a little while; then he laid me on the kitchen-chair, then he took up my petticoats, unbuttoned his breeches, and put something up the inside of me.

In what situation did he continue? Did he continue standing up or how? - He laid across me; afterwards he gave me a red and white handkerchief to wipe me with; then my mistress's daughter came down, and he told her he could not get any sleep.

Did he say any thing to you before that? - He said if I told my mother, or sister, or any body of it, that he would flog me severely.

When he laid down upon you, what was it that he put to you? - His private parts.

Did he enter your body? - Yes, he put his private parts quite inside of me.

Did you feel any thing come from him? - Yes, all wet.

Where did that come from? - From my master.

Were you at all hurt by this afterwards? Were you sore or hurt? - I was sore, I could not make water for five days.

Do you remember in what month this happened? - No.

Do you remember how long ago it is? - I know it was when my mistress lay in.

Was it before or after? - It was in the time of my mistress's lying-in.

Did you mention this afterwards to any body? - No; on Thursday he went out to dine with a gentleman, and he gave the boys half a holiday; when he came home, he had three boys to do some work in the garden; then he sent the boys for some horse-dung to the church; then he called me to him, and laid me across the committee-chair in the committee-room; when he was getting on me he heard somebody come, and he got off from me and looked at the door, and there was nobody coming; then he did the same to me as he had done before.

You must mention what it was he did to you. - The same as he did before.

Did he do the same as before? - He lay upon me, and some stuff came from him; but there was not so much as there was at first.

Did you after this tell this story to your mother or sister? - My sister went to wash my linen, and she saw the stuff on my shift; the first time Mrs. Pearce washed my linen she thought I had some sore; when my sister mentioned it to me I told her what I have told now.

Was it shortly after the first or second time that you told your sister? - After the second time.

Then your sister's observation must have

been within a few days after this happened? - Yes; my mother was at work, and did not know it.

Not till your sister told her? - No.

Did your mother look at you when she came home? - No.

What! not at all? - No.

Did your mother at no time look at you, to see if any thing was the matter with you? - She went to a doctor in Whitechapel.

Do you know what his name is? - No.

Did the doctor look at you? - Yes.

Cross Examination.

Who was at home when you say your master served you so the first time? How many people were in the house? - My mistress was in the house and the girls up stairs.

Who was it that he spoke to, to desire that you might stay below, his daughter or his wife? - His daughter.

How many children were there in the house at that time? - His daughters.

What age are his daughters? - I don't know.

Are they bigger than you? - Yes, one is as big as my biggest sister.

What, she manages amongst the children as a mistress? - Yes, sometimes.

How far is that room from the kitchen? - It is not far.

Where were his daughters and the children? - In the kitchen the 2d time; they were all in the kitchen.

Where did the daughter go after she left the kitchen the first time? - She went up into the school.

How far is that school from the kitchen? - It is up one pair of stairs.

Is it over the kitchen? - Yes.

Only one pair of stairs up? - One pair of stairs, and two or three steps more.

Can you recollect how many children were in the house besides the mother and her children; how many children has he? - Six in all.

Are they all able to run about the house? - Yes, all but one.

And how many charity children, besides you, were in the house that you recollect? - I don't know how many there was.

What time of the day was it? - It was after dinner.

Were the boys come to school at that time? - Yes.

Do they go to school in the same room with the girls? - No.

Where do they go to school? - On the other side.

One side of the school is for the boys, the other for the girls? - Yes.

Were the boys come to school at that time? - Yes, they were all in the school.

How many boys are in the school? - Thirty.

How many girls? - I don't know.

Were there seven or eight charity-girls in the house at that time? - Yes.

And the two schools are up one pair of stairs? - Yes.

Is it a large stair-case that goes up to it? - Yes.

Are the school-doors kept shut? - Yes.

How many weeks ago was this? - I cannot tell.

Was it in hot weather or cold? - It was in hot weather.

Did they use to keep in hot weather the door of the school-room shut or open? - It was shut sometimes and the window open.

Sometimes the door was open perhaps? - Yes.

Did you go up to school that afternoon? - No.

Were the other girls up in the school? - Yes.

Did your master go up to the boys as usual? - He gave his daughter the watch, he asked me what it was o'clock; I told him it wanted 25 minutes to two; he said his watch went too slow.

Then it was before the school began in the afternoon? - Yes.

It begins about two in the afternoon? - Yes.

Did he go up when the usual hour began into the school? - Yes.

And did you go up to school? - No.

How came you not to go up to school that afternoon? - He told me to keep below to clean out the kitchen.

And did you clean out the kitchen? - Yes.

You went about that business as usual? - We used to take it by turns.

Was it your turn that afternoon? - It was not my turn; but he told his daughter to let me stay below.

Were there any servants in the house, or did his own family do all the work? - There were no servants in the house.

Were there any girls bigger than you in the charity-school? - Yes.

Did you cry out? - No; I tried to get off the chair, and he took and leaned hard on me; I told him so, and he did not mind it, as if he did not hear me.

How came you not to cry out when he hurt you; was it the bearing hard upon you that hurt you? - Yes, and something else hurt me.

Which hurt you most? - Not his leaning upon me.

It is a wonder you had not cried out when he hurt you, if he hurt you much? - I was frightened at the first, and I told him of it and cried, and he did not mind it.

If he had hurt you very much, you must have cried out; but you did not cry out at all? - No.

You cried, but did not cry out for help? - No.

How long was it after this before ever you mentioned any thing of it, either to your sister or mother? - It was a month or thereabouts after the first-time, as I believe.

You never mentioned it to any of your school-fellows, or to any person whatever? - No.

The last time you said it was in the entry? - Yes.

You don't call that the committee-room? - No, there is a step or two to the committee-room.

Does that entry go to the committee-room? - No, it goes to the boys school.

What time of the day was that? - Between four and five in the afternoon.

Were the boys and girls all at home at that time? - The boys had half a holiday that time, the girls were up in the school.

The girls school is not far from the entry? - No, you go into the parlour, and go up into the girls school.

Then, from this entry, there is a door into the girls room? - Yes.

And no other door? - Yes.

COURT. Was this in the entry that leads to the girls school? - No, the boys.

Where was the place it happened the second time, in the entry or committee-room? - In the entry that goes into the committee-room.

COUNSEL. Suppose you go up stairs and go through the boys school, do you pass thro' the school to go into that entry? - No, you go down; the committee-room is down below.

Is it up one pair of stairs? - No.

How far is that entry from the girls school? - A good bit.

There is no door, but the door of the school-room? - The parlour-door as you go into the entry.

Then, as you go through the parlour, you go through the committee-room, without going into the boys school? - Yes.

This entry is not up one pair of stairs then? - No, down by the committee-room.

Now, how far is the committee-room from the kitchen? - Three or four yards.

You say that was about five in the afternoon? - Yes.

Do you recollect who was in the kitchen at that time, or who was about the house? - My mistress's daughters were below stairs, he went and shut the door.

Was your mistress below stairs then? - No, she was up in the school minding the girls.

You did not make any noise the second time more than the first? - No.

Was you standing upon your legs the second time? - No.

How then? - He laid me across the chair.

I thought you said it was in the entry, not in the committee-room? - The second time after the first time he laid with me in the committee-room.

You did not cry out? - No.

How came you not to cry out; did he or did he not hurt you much the second time? - He did not hurt me much the second time, not so much as he did the first; I told him that he hurted me; he did not seem to hear it.

Till your sister found it out you did not speak of this to any body? - Mrs. Pearce

would not let me go to school, she sent one on the other side of the water to my mother.

Did she say any thing particular to you? - She asked me; I told her what my master did to me; she sent me to my mother, and I told her of it.

Was this after the first time he used you so? - The last.

Was it the first time that you told Mrs. Pearce? - Yes; I understood Mrs. Pearce washed my linen; at the first she did not say any thing; she thought I had some sore.

Did you tell Mrs. Pearce the first time, when she saw your linen? - No; the last.

That was a month after the first? - Yes.

If they had not observed the linen, should you have told of it at all? - No.

Who was it that began to make a stir about it, after you had told Mrs. Pearce? Was she the first person, or your mother, or who? - Mrs. Pearce was.

What did she do upon being told of it? - She told my mother; my mother went on the Saturday and took him up.

What became of him after he was taken up; was he taken before a justice of the peace? - I don't know.

Was you before any justice of the peace? - Yes.

Was he before the justice at the same time? - Yes.

What justice was it? - Mr. Wilmot.

You told the same story as you tell here? - Yes.

Was your mother and Mrs. Pearce by at the time? - Yes.

And what did the justice do upon hearing this story, and the complaint of Mrs. Pearce and your mother; did he send your master to prison or discharge him? - I don't know.

Did you go to school any more? - Yes.

Was he at home at his house after that? - My mother would not let me go to school after that to my mistress and master.

What surgeon looked at you except that doctor in Whitechapel? - Mr. Hart.

He lives about Whitechapel? - No, he lives just by, at Bethnal-green.

He examined you? - Yes.

Was your mother by at the time? - Yes. And Mrs. Pearce? - No.

Do you know Mr. Hyams? - No.

What other doctor besides Mr. Hart examined you? - I don't know.

But there were other doctors, though you don't know their names? - Yes; there was one more doctor.

Did the doctor examine you to let the justice know any thing concerning you? - Yes.

Who sent for the doctor to examine you? - My mother took me with her.

That is to one Mr. Hart that lives upon the green? - Yes; and to the other doctor that lives in Whitechapel.

Did she carry you to the other doctor in Whitechapel? - Yes.

Did they appear before the justice? - No.

Was there any doctor before the justice? - No.

And you don't know whether the justice sent Mr. Russen to prison after you had made this complaint, or discharged him, sent him about his business? - No.

Did one of the doctors that examined you say, that what you said was not true? - No; they said the part were inflamed.

Which of them said so; was it Mr. Hart? - Yes.

What did the other doctor say? - He said the same, that the part was inflamed, and that I had been injured by somebody.

Do you know whether the doctor's name was Haines? - There was one of the name of Haines; he said I had not been injured.

And Mr. Hart said he thought you had? - Yes.

Mr. Haines did not go before the justice? - Yes, he did.

Did he tell Mr. Wilmot what you say now, that you had not been injured? - He said he thought I had not been injured.

You heard him tell the justice so? - Yes; he said I had not been injured.

MARY MAYNE sworn.

How old are you? - I was fifteen last July.

You are the sister of the last witness? - Yes.

Did you at any time, and do you recollect about when, wash your sister's linen? - I never washed it myself.

Had you ever occasion to look at it? - When I was going to washing I saw it.

When was that? - It was on a Friday.

Do you remember in what month? - No.

Did you observe any particular appearance upon the linen? - There was some yellow stuff as stiff as buckram; I asked her how that came there, she said her master did it; I asked her how, she said, when her mistress lay in he called her to him and set her atop of his knee, and put his hands up her petticoats, and put his fingers where she makes water, and hurt her very much indeed, and then he put her down, unbuttoned his breeches, and put in something else which hurt her very much indeed; that it was the second time in the committee-room upon two chairs; she said he hurt her very much, that she could not make water for four or five days, and was very sore indeed.

Did she say how long a distance of time it was between the first and second time? - There were three times, twice in one day; he shut the door, he thought he heard somebody coming; he came again, and shoved her up against the boys wainscot, and wiped her with a red and white handkerchief: I told Mrs. Pearce, and she told my mother.

Did either Mrs. Pearce or your mother see the linen? - Mrs. Pearce washed the linen herself.

Is Mrs. Pearce here? - Yes, she is: on the Saturday he sent to my mother; a boy came that is with Mr. Russen; he said, is your mother at home; Mrs. Pearce said, no; he said, is Polly at home, or Nanny, either of them would do; Mrs. Pearce would not let either of us go.

When was that? - Of the Saturday; the day after my sister and I went together; we would not go in either of us; he begged and prayed we would tell him where my mother was; I said she was at work on the other side the water; I could not tell whether she had done work or no; he asked where my father was; I said, I believe he is at work; he said, I beg for my sake you will tell me where your mother or father is, for I shall not rest all night.

Cross Examination.

The first thing you saw the appearance of the linen? - Yes.

She did not tell you any thing till then? - No; I thought no harm till I saw the linen.

The appearance of the linen was yellow? - Yes; I had never seen it before, and that made me suspect something.

The appearance was yellow? - Yes, and as stiff as buckram.

There was no other appearance upon the linen at all? - No.

Did you ever hear your sister make use of any expressions of resentment against her master? - No.

COURT to ANN MAYNE . How old are you? - I was ten in July last.

Was the first of those times that you talk of that this happened, before or after your birthday? - The first time was before my birthday.

SARAH PEARCE sworn.

You wash for the school I believe? - I do not: her mother is a poor woman; has a back room in my house; as her mother was out at work I washed the child's shifts now and then; I saw something upon it; I thought the child had a sore; the child was very loth to go to school, and played a truant a great while.

About what time was it you made the observation? - I reckon it must be about nine months ago.

It must be about the beginning of the year: - Yes.

COURT. Is there any thing particular that leads you to the recollection of the time? - I took very little notice, that I cannot rightly tell; her mother was out a nursing, she can tell better than I can.

Was it before May do you think? - Yes, I believe it was; I believe it was very near nine months ago.

Was the linen shewn to you at any subsequent time? - I used to wash it; the child had played a truant a great while; I told her father and mother; they used to beat the child unmercifully, because she did not go to school; I could not bear to hear it, so I did not tell them the last time; I told her she must go to school: her sister was about washing her linen; she saw something; she told me, and I told her mother.

Was the linen shewn to you the second time? - I did see it, but I did not mind it at all; I am a single person; I did not take notice.

Do you know Mr. Russen's family? - I know them by sight.

Did you happen to know at what time of the year Mrs. Russen was brought to bed? - I

cannot be particular, I believe it is pretty near nine months ago.

SARAH MAYNE sworn.

You are the mother of the young girl that is the prosecutrix? - Yes.

Did you at any time see any of your daughter's linen? - No.

The first time you heard of this transaction was from Mrs. Pearce, was it? - It was.

Did you take the child to any surgeon or any person to examine her? - Yes.

Who did you take her to? - To Mr. Gilson's, in Whitechapel.

Was she examined by any body else? - Yes, another gentleman, a Mr. Hart.

Was there a Mr. Haines examined her at all at your request? - Yes; Mr. Haines examined her at Mr. Russen's request.

Do you know at what time of the year it was that Mrs. Russen was brought a bed? - I don't know exactly; it was in February.

What age is your daughter the prosecutrix? - She was ten the 18th of last July.

Cross Examination.

You never observed your child's linen at all, you say? - No.

DAVID WILMOT , Esq; sworn.

You are the magistrate before whom this girl was brought and examined? - Yes.

You have heard the account she has given in Court to-day, was the account she gave before you the same, or different in any particulars? - It was very nearly the same.

Does it differ in any material circumstances? - No, not at all.

Cross Examination.

Do you recollect when this first complaint was made? - Last Saturday was fortnight.

What was done upon that complaint. - She and her mother came to my house; I heard the complaint; I went down to the school with one of the trustees that lives at the next door; I told them the complaint that was made against him; I went to Mr. Hawkins, one of the trustees, went with him to the school-house; he went up to my house directly; the girl was there, and the father and mother.

- Counsel for the Prisoner. I don't mean to trouble you with any more.

Cross Examination of SARAH MAYNE .

She was examined by three surgeons? - Yes.

Is either here? - Yes, Mr. Haines is here.

Counsel for the Crown. Let him be examined.

- HAINES sworn.

Counsel for the Crown. You are subpoenaed here, I believe, on the part of the prisoner? - Yes.

You was desired by him to examine this child? - By Justice Wilmot I understood it.

Where did you examine her? - At the Justice's house.

When was it? - On Saturday the 20th of last month I think.

You will speak as a fair man what observation you made upon it. - I was sent for by the Justice, that he desired to speak with me; when I went I found Mr. Russen and the parties there; the Justice told me the case, and desired me to examine the girl, which I did accordingly did: it did not appear to me that there had been any violence used; there was not the least laceration that I could porceive; and, if I understood right, there was a young man there that said he was a surgeon, that the Justice knew something of, at the time, that was with me; I desired him that he would introduce his finger into the pudenda; the child could not bear it; we both agreed, that no violence had been used.

Do you mean by that, that there had been no offer of violence; was there no appearance that any violence had been offered the child? - There was no laceration.

Probably not, at that distance of time; but was there no mark of any violence of any sort? - None that I perceived.

Did you recollect how long that was from the time that the girl alledged that she had been ill used? - I remember the child said, she had been ill used about last January; I then blamed her for not speaking of it; she gave me no satisfactory answer.

If there had been any inflammation, it would have subsided before that time, and nature would have provided for any laceration; it would have healed? - It would.

Counsel for the Prisoner. If the hymen had been broke you must have known it? - Yes.

Then, to the best of your knowledge, her body had never been entered? - Yes.

Is it not usual for children to have what is

called the Whites? - Yes; it might come from a strain.

And then it would be yellowish and stiff? - Yes, it would be rather stiff and whitish.

Counsel for the Crown. Had she any appearance of that disorder upon her? - No.

Counsel for the Prisoner. If any man had entered the child's body, must not the hymen have been broke? - Yes, and a large effusion of blood would follow it.

Upon that person's introducing his finger she cried out? - Yes; she cried out, and I desired the young man to desist; she could not bear it.

Though it was done as gently as possible? - Yes.

FOR THE PRISONER.

- ROBBINS sworn.

You are usher, I believe, to the school? - Yes.

How long have you been usher of that school? - Two years.

What has been Mr. Russen's conduct with regard to the children? - I saw nothing amiss.

What has his conduct in general been to the girls of that school? - Decency in the greatest point.

Do you know this Ann Mayne ? - Yes.

What has been her conduct in the school? - I have nothing to do with the girls, only with the boys.

If any noise had been made in the committee-room, or in the passage of the committee-room, must they have heard it in the boys-room? - Yes.

They must have heard any little noise? - Yes.

There is only a thin partition? - Yes.

How far is the kitchen off? - It is behind the parlour.

How is it divided from the parlour? - There is nothing but the door.

So that if any noise had been in the parlour, you must have heard it in the kitchen? - Yes.

PRISONER. The witnesses are consulting together that have been examined, telling one another what to say.

COURT. Now their examinations are closed.

- GREENWOOD sworn.

What are you? - An upholsterer and cabinet-maker.

How long have you known Mr. Russen? - near 20 years.

What has been his general character from that time to this? - For the latter part of his time I can say but little about it, for the time that I knew him, when he did business for me, he was always a man of good character, as far as I know; I have known little about him of late, no farther than seeing him occasionally.

- SENHOUSE sworn.

I am an upholsterer and cabinet-maker; I have known Mr. Russen I suppose 20 years.

What is his character? - The former part of the time a very honest man; he is a man that I should never have suspected of any thing of the kind.

He has a wife and 6 children? - I don't know, I have not been at his house for many years; I always found him in his business, and so forth.

- MILLS sworn.

I am a weaver.

How long have you known Mr. Russen? - I cannot particularly specify the time; I believe about 3 or 4 years; just before he got orders, he was recommended to me as a man that bore a very excellent character, his testimonials to the bishops were signed by 5 persons of unblemished reputation, and I believe I was rather a means of recommending him to get ordained; and since that time I have always thought him to be a decent, moral, modest man.

- CANEY sworn.

How long have you known Mr. Russen? - More than 20 years.

What is his character? - I have been acquainted with him pretty intimately lately; I always thought him a man of good character; I moved his furniture into the school.

What is his character as a moral man? - I always thought him to be a very honest, and a very quiet man; I knew him when he was curate of Stepney; I had a good opinion of him then, and always had.

JURY. My Lord, Mr. Gilson is come, we could wish to have him examined.

Mr. GILSON sworn.

You are a surgeon, and live in Whitechapel, I believe? - I am.

Was Ann Mayne , the girl, examined by you at any time? - I don't recollect that she was.

Did you not examine a child? - I examined Mary Hawkins , Mary Addle , and Rachael Davis ; there was a girl prior to those came, who I did not make any minutes of.

Should you know the girl again if you was to see her? - I really don't know.

Counsel. Put up the girl and the mother. (The witness looks at the girl) I cannot speak with certainty.

(To the girl's mother) Did you send your daughter to Mr. Gilson to be examined? - Yes.

Did Mr. Gilson examine her? - Yes, he did.

Mr. GILSON. It was at a time that I gave my advice gratis in the morning to many poor people.

You have not recollection enough of the matter to give any account of the circumstances? - Not positively.

Do you recollect nothing of the matter, none of the circumstances of it? - I believe I do; I thought there appeared a flight inflammation in the vagina, that is, the passage that leads to the womb.

But you have not such a remembrance of it as to speak with great precision? - No.

Mr. JOHN BANNER sworn.

I have known Mr. Russen 3 or 4 years; he used to read prayers at Cripplegate, the parish I live in, that was the way I knew him.

What has been his general character? - I never heard any but that of a very good one till this affair.

JOHN PAGE sworn.

I am an hosier; I have known Mr. Russen about 8 years; his general character during that time has been very good, I never heard any spot upon it.

Another Witness sworn.

I have known him 20 years, I never heard a blemish upon his character.

PRISONER. I should be glad if Mr. Haines the apothecary may be heard respecting the state I was in at the time the information states; I was very bad; I kept my bed; Mr. Haines attended me.

Mr. HAINES. I attended him in a fit of illness in January last.

What state of health was he in? - He had a very bad fever and sore throat.

A putrid sore throat? - Yes.

Then I suppose he was very low? - Yes.

Not likely to commit an offence of this kind? - I should think not.

Cross Examination.

When did you cease to attend him? - About February.

About the time his wife was brought to bed? - The nurse was there waiting for her; he did relapse again.

PRISONER. At the time that they lay this first charge against me, Mr. Haines and one of the boys sat up with me every night, at the time when she says it was in the boys room.

SAMUEL FLEET sworn.

You are one of the boys in this school at Bethnal-green? - Yes.

Do you remember in what state of health Mr. Russen was in last January and February? - He was took with a fever.

And sore throat? - Yes.

Was he very ill? - Yes, very ill indeed.

Did you attend him particularly? - Yes.

Did you sit up with him of nights? - Yes.

Was y ou with him most of the time? - Yes.

Was he so ill that he could not be left? - He could not be left at all.

And you was the person that was with him during the months of January and February? - Yes.

Cross Examination.

Do you mean to say that all the months of January and February this gentleman kept his bed? - Yes.

During the whole of those two months? - Yes.

He performed no part of the duty of the school? - No.

Was he ill any part of March? - I cannot say.

What day did he first leave off keeping his bed? - I cannot say.

How do you know the months? - I know it was January and February.

How do you know that? - Because I was there all the whole time.

Why do you recollect the month of February in preference to the month of April? - Because he was sick in those two months.

Has any body told you that those were the two months that he was sick in? - He was sick in those two months.

Who has told you so? - Nobody; because I was with him the whole time.

How do you remember it? - I remember it very well.

What day was your mistress brought to-bed? - I cannot justly tell the day of the month.

What month was she brought to-bed in? - In February, I believe.

What time in February, the latter end or the begioning? - Towards the latter end of February, I believe.

Was your master confined to his bed at the time your mistress was brought to-bed? - Yes.

Did he get up before your mistress did? - I cannot justly say.

He has children that are grown up, has he not? - Yes.

Has he any servants in the house? - No.

The boys wait upon him in their turns? - Yes.

Did you wait upon him the whole time, or were there any other boys employed too? - No other boys, I waited on him during the whole two months.

Counsel for the Crown to HAINES. Was Mr. Russen confined to his bed all the two months of January and February? - No.

Counsel for the Prisoner. Was he confined to his room? - Yes.

Counsel for the Crown. Do you say he was never out at all? - I left him tolerably well in January; I was sent for again in February; so some days intervened.

You did not leave him till you thought him tolerably well? - When I left him he was not quite well enough to go abroad; I left him when I thought there was no occasion for any more medicines.

Counsel for the Crown. Do you know whether he was able to attend his school in any part of January or February? - Not when I attended him.

JURY. We wish to know that fact from the usher.

- ROBBINS called.

Counsel for the Crown. Did Mr. Russen do the duty of his school any part of the months of January and February? - Yes; but at Christmas time I remember he was ill.

Do you remember the time when Mrs. Russen was brought to bed? - No.

Do you not remember about what time it was? - Not the day.

Do you remember the month? - Either January or February.

About that time did Mr. Russen attend the duty of his school? - He did.

Was he absent from it a month in the whole? - Not to my knowledge.

JURY. Did you keep no holidays at Christmas? - Yes.

What time did you open your school again in January? - A fortnight.

What day? - I cannot say.

Was Mr. Russen in the school when the children came the first time after the holidays? - Yes.

He was well and attended his duty then? - Yes.

Did he relapse after that? - I cannot say.

Counsel for the Prisoner. Do you remember his having a fore throat and fever? - Yes; the beginning of February.

Was not he confined with that? - Yes; he kept his bed.

Can you tell how often you attended for him? - No; when he sent for me I came.

Then you did not live in the house? - No; my principal business was to go with the children to church on Sundays, Wednesdays, Fridays, and saints days.

Then there might be no school for what you know the other days of the week? - No.

Then Mr. Russen might be confined and not attend the school without your knowing it? - Yes.

COURT. Could he have been confined two months without your knowing it; at those times when he did not attend himself, did you always attend for him? - Yes, when he sent for me.

Did he usually send for you when he could not attend himself? - Yes.

PRISONER. I must refer to the worshipful Justice Wilmot to set that matter right, his worship knows according to the rules of the school.

COURT. If after the children came to school again after the holidays he had been confined for a month or six weeks, could that have been without your knowing it? - I believe he always sent to me if he wanted me.

Did you attend for him six weeks together after the children came to school again? - No.

COURT. Are you usher of this school? - No further than seeing the children to church on Sundays, Wednesdays, Fridays, and saints days.

JURY. Is there any other usher besides you? - No.

Then who attended the school in the prisoner's sickness; did you attend the school for a week together? - No.

JURY. I suppose the boys must have somebody to look after them in the absence of the prisoner? - I believe Mr. Russen begged leave of Justice Wilmot for the school to be alone for so long a time; Mr. Russen told me that he had begged leave for a week or two of Justice Wilmot.

PRISONER. At Christmas we give them the Christmas week and a fortnight, which advanced pretty far in January, during which time I was very bad; at the end of that time I sent for Mr. Hawkins, one of the trustees, and consulted him what I should do; I was not able to keep the school; he said, it was better to give the boys a fortnight longer holidays, rather than have any difficulty in the school; the fortnight holidays were granted, which brought me into February before I opened school, which was on the second Monday in February, during which time Mr. Robbins only came to go to church; Mr. Haines attended me then at different times; my wife was brought to-bed about the 10th of January: on the other hand, the second time the girl accuses me with being in the boys entry, I was employed in the garden with three boys, who all before Justice Wilmot, Justice Spiller, Justice Durden, and Justice Bosworth, declared that I was never out of their company a moment of time while she stood in the boys entry, which was proved, and Justice Bosworth, Justice Spiller, and Justice Durden saw through the evil of it, and acquitted me from the charge; it is nothing now but a piece of spite to try me now for my life, when I was honorably acquitted by those four magistrates, and I was sent home; this was on the Tuesday after I was charged on the Saturday: Mr. Haines was at the office when the examination was, and remembers my discharge; Mr. Wilmot bid me be peaceable about the matter, and go home; this was fairly proved; Justice Durden told the prosecutors that if they ever troubled me any more, that he would imprison them for life.

From the JURY to Mrs. PEARCE. Did you observe much blood upon the shift when you washed it? - I did; but it was upon the side, that is the reason why I thought it a fore.

GUILTY . Death .

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

BENJAMIN RUSSEN was a second time indicted for that he in and upon Mary Hawkins , a woman child under the age of ten years, to wit, of the age of nine years , did make an assault, and her the said Mary did carnally know and abuse , against the form of the statute, &c. January 21st .

2d Count. Charging him with the like offence on the 28th of January .

3d Count. Charging him with the like offence on the 4th of February .

4th Count. Charging him with the like offence on the 11th of February .

5th Count. Charging him with the like offence on the 18th of February .

6th Count. Charging him with the like offence on the 25th of February .

7th Count. Charging him with the like offence on the 4th of March .

8th Count. Charging him with the like offence on the 11th of March .

9th Count. Charging him with the like offence on the 18th of March .

MARY HAWKINS called.

How old are you? - Ten, the 19th of last March.

How long have you been at school? - About three years.

Have you been taught the Lord's prayer? - Yes.

And the ten commandments? - Yes.

Do you know what is meant by bearing false witness against your neighbour? - Yes.

What does that mean? do you know the difference between speaking truth and telling lies? - Yes.

If you speak truth, would that be bearing false witness against your neighbour? you know the difference between true and false? - Yes.

What do you think would become of any body that was to say a thing upon their oath that was not true? - They would go to hell.

Do you know what you are come here for? - Yes; to speak the truth.

Do you know that there is a God? - Yes.

Do you know that when you take an oath you call God to witness that you will speak the truth? - Yes.

Would it be a bad thing or a good thing to speak the truth? - A good thing.

If you was to speak false and bear false witness, what would that be? - A very bad thing.

COURT. Now remember that you come here to speak the truth and the whole truth. - Yes.

(She is sworn.)

You say you was ten years old the 19th of last March? - Yes.

Were you before that in the charity-school of Bethnal-green? - Yes.

How long had you been at school? - A good while before that.

Give the Court an account of any thing that was done by Mr. Russen, your master, to you before you was ten years old. How long have you been at school? - About three years in all.

Counsel. Relate the first time your master ever did any thing to you. - It was about two months before my last birth-day; he carried me up into the boys lobby of a Tuesday.

At what time of the day? - About six o'clock in the morning; he carried me into the boys lobby, and laid me on a bed; he unbuttoned his breeches, and laid upon me.

Counsel. Describe the manner in which he lay upon you. - He laid all over me.

Did he put any thing to your private parts? - Yes.

Mention what he put there. - What he pulled out of his breeches, he put it into my private parts; he hurt me very much.

How hurt you? - My private parts.

What did he hurt your private parts with? - With his private parts.

Did you feel or observe any thing else? - I did not.

How long did he continue hurting you? - About a quarter of an hour.

You mean that he continued a quarter of an hour upon you; did he hurt you all the time? - Yes.

Were you hurt on the outside? - The outside.

Was the hurt all on the outside? - No.

Where did you feel the hurt? - The hurt was inside.

Did he do any thing more to you after that at any time? - Yes.

How soon after? - Next Tuesday.

What were you employed in on the Tuesday in particular? - He used to choose me to go and light the fire.

Was it your turn to go and light it every day of the week, or only on the Tuesday? - Only on Tuesday.

Describe what he did to you on the Tuesday. - He took me into the boys lobby again, he unbuttoned his breeches, took out his private parts, and lay upon me.

In the same manner that you have related before? - Yes.

How often did he do it? On any other time? - Yes; on the Tuesday afterwards again.

At what time in the morning? - About six o'clock when I came to light the fire.

JURY. The first time did you observe any blood upon your shift? - No.

Did you the second time? - No.

Did you at any time after this make any complaint to your mother or any body? - No; I never made any complaint, not before he was taken up.

Were you hurt or sore after this usage? - Yes.

Did you apply to any body to give you any stuff? - Yes; I applied to my mother; I said I was rather fore; she gave me some fuller's earth to put to me when I went to bed.

Your mother did not examine you then? - No.

You were not examined till the prisoner was taken up? - No.

COURT. You did not tell your mother any more than that you was sore? - No.

How came you not to tell your mother? - He told me, that if I told my mother I should be hurted and he too.

It was a great while afterwards that he was taken up, was it not? - Yes.

How long did the hurt continue upon you; how long was you sore? - I was sore sometimes till 12 o'clock.

Do you mean upon the day that he served you so, or upon other days? - As he served me so.

Then the soreness did not continue long? - No.

How many times did he serve you so in all? - About nine times in all.

Was this the first time that you have told us of; the Tuesday that you spoke of when he carried you at six in the morning into the boys lobbey, was that the first time he had ever served you so? - Yes.

What time that morning was it that you first saw him? - About six.

How many other girls were there in the house at that time? - None of the other girls were come.

How came you to be there first? - He used to order me to come and light the fire.

How many times before he served you so had you come and lit the fire? - I never came to light the fire before he served me so.

Was this the first time that he bid you come and light the fire? - Yes.

When did he order you to come and light the fire? - It was on Saturday.

Who was to light the fire on the Monday? - Sometimes Mary Price did it.

Who lit the fire on the Monday before the Tuesday? - I believe it was Mary Prescot .

Do you know whether he bid her come to light the fire on the Monday? - I don't know.

How far did you live off? - In Hare-street.

How far is that? - Not far off from the school.

At what time of the day did the rest of the Girls use to come? - At nine.

There were boys in the school? - Yes.

What time did they come? - At seven o' clock.

Had he done or said any thing to you before this time? Had he offered to put his hands up your petticoats, or any thing of that kind, before this Tuesday? - No.

Never any thing of that sort? - No.

How came you to let him do so? - He used to lead me up the first stairs, and walk behind me, and make me walk up.

When you was got up there you was near enough to have cried out, and to have alarmed the house? - He charged me not to cry out.

How came you not to tell your mother as soon as he had done so the first time? - Because he said, if I told my mother he should be hurted and I too.

But you did not like to be so hurt as he had hurt you before? - No.

Did not you think to tell your mother of it, that you should not be served so again? - I thought I should be hurted.

How? - He did not tell me how I should be hurted.

Has any body else done so to you? - No.

What age are the boys? - I don't know their age.

Are they big or small boys? - There are some big and some little.

Was he a good-natur'd master, or was he harsh? Did he use to beat the children? - He never beat us.

He was good-humoured, was he? - Yes.

And did the children like him? - Yes.

He had a wife, had not he? - Yes.

How far is the lobby from where she was? - It is not far off.

Is there any room between her room and the lobby? - There are two pair of stairs.

Did any of the other girls, or children, tell you that he had done such things to them? - No.

You never heard of any such thing? - No.

You never found any blood, you say, on your linen? - No.

And the soreness did not use to last long? -

No; sometimes it lasted all day, sometimes only till 12 o'clock.

Did you never wipe yourself with any thing at all? - My mother used to put a handkerchief under me.

Who used to wash your linen? - Sometimes my mother, sometimes my grandmother.

Cross Examination.

You never observed any blood at all? - No.

MARY HAWKINS sworn.

I am the mother of this girl.

Were you used to wash her linen? - Yes.

Did you at any time make any observation of her linen? - No.

Did she at any time make any complaint to you of any sort? - Yes; of her being fore.

About what time? - Just before her birthday.

COURT. How long before her birth-day? - I really cannot say how long.

What did you do for her? - I gave her some fuller's earth, and she put it herself to the part.

Did you examine her? - I did not.

How came you not to do that? - As she was a child, I thought it was by her running, and the heat of her water.

So you treated it as a common thing? - Yes.

Is it a usual circumstance to happen to children to be in that state? - Some may more than others.

You never examined her yourself, nor took any more notice of her, till the prisoner was apprehended? - No.

I believe, after he was apprehended, you examined the child? - Yes.

How long ago did you examine her? - I don't know what day.

How did she appear to you at that time? - She looked very red and much inflamed.

Did you take her to any surgeon? - Yes; Mr. Gilson examined her.

Was that on the same day you examined her yourself? - I examined her afterwards.

You thought she had chased herself with running? - Yes.

Mr. GILSON sworn.

Do you remember when this girl was brought to you to be examined? - I believe it was on the 30th of September (refers to a memorandum) it was on Tuesday, September the 30th. I thought the Vagina was rather wider than I expected to have found in a girl of that age; but, upon introducing my finger, I found that the Hymen, which is a membrane that generally gives way by copulation, was not broken.

Did you make any other observation? - No.

Did any degree of inflammation appear? - There was a trifling inflammation.

COURT. The inflammation was merely external? - Yes; there could have been no copulation, at all; as the Hymen was not broke I judged there was no immediate entrance.

COURT. Do you mean that there could be no degree of penetration without the Hymen being broke? - Very trifling.

But do you say that there could be no penetration at all without the Hymen being broke? - I do; not into the body.

Mr. HYMAN sworn.

COURT. You are a surgeon? - Yes.

I will ask you the same question I asked that gentleman; whether there can be no degree of penetration without breaking the Hymen? - It is impossible he could have entered the body half an inch without breaking the Hymen, or the Carunculae Myrtiformes; the Hymen is not in all children nor in all women.

But where there is a hymen it is impossible to enter without breaking it? - Yes.

COURT. Has it never been known by surgeons, in their experience, that there has been a conception without breaking the Hymen? - It is impossible to admit that in the nature of things.

COURT. Does that membrane cover the passage completely? - In some degree; but there is a small perforation left for the passage of the menses to come from the womb, that is left open by nature.

Do you undertake to say, that there cannot be a conception without breaking it? - It is impossible without breaking through the Hymen or the membrane.

How far within the Vagina is the Hymen? - About an inch or an inch and half; the Vagina may be four or five inches, according to the different make of women.

I am not asking the whole length, but the depth to the Hymen; you say it is an inch or inch and half? - Yes.

Then the lips of the Vagina may be penetrated to the extent of an inch and half without breaking the Hymen? - Yes.

Then when you say that there can be no penetration without breaking the Hymen, you mean only that they cannot pass that membrane without breaking the Hymen? - The Hymen will appear very soon upon withdrawing the outward lips, so that it is impossible for a woman to be ravished without that is broke through, it can be only an attempt.

Where do you live? - In Ratcliff-highway: I was subpoenaed here as a witness.

Counsel for the Crown. Who by? - By Mr. Russen, to appear to his character.

PRISONER's DEFENCE.

The present charge I am innocent of; it is a real combination, as it would plainly appear, if my counsel had done me justice, and opened the case as it is; there is a leading clue throughout the whole.

COURT. Your counsel are not at liberty to state any matter of fact, they are permitted to examine your witnesses, and they are here to speak to any matters of law that may arise; but if your defence arises out of matter of fact, you must yourself state it to me and the jury, and we are ready to hear you.

PRISONER. Here is a written defence.

COURT. Is it in your own hand-writing?

PRISONER. No, it is a copy from my hand-writing.

COURT. Then you must read it yourself.

PRISONER. With regard to the first case?

COURT. I am sorry to stop you: you must say nothing with regard to the first case; I am now trying you for having deflowered one Sarah Hawkins , a child under ten years of age; it is to that charge you must apply yourself.

PRISONER. I can say no more than that I am falsely accused by Sarah Hawkins ; there never was any account of the first case known to me till last night; the account which Mary Hawkins gives this day, is as variously different to the account she gave before Justice Wilmot, as light to darkness; she there said, I never attempted any thing of this sort till on the 19th day of September last; now they have taken it back many months; I cannot tell what the bottom of this matter is for; I am really used exceeding ill; there is not one concurring circumstance to prove that ever I had to do with her either from the appearance of her linen. or any thing else; but one day there were three or four of these things done through a private pique of some of the gentlemen in the parish, and they have brought this to pass: her grandfather came to Newgate with a view to see me, I believe, but his conscience struck him, he would not see me; he called upon a Mr. Murphy in the ward where I was confined; he is an old acquaintance; he told Mr. Murphy that he was very sorry for the prosecution; he said, the prosecution which I am constrained to enter into against that man, so torments my conscience, that I cannot sleep night or day, but I must do it, or lose my bread; he brought up the same word as soon as Harris was gone, and the counsel, I believe, has the copy of what he said, or at least the attorney has; the grandfather of that child is bound over to prosecute me.

COURT. What is his name?

PRISONER. Harris; he was bound over to prosecute me.

COURT. There is no such man appearing as prosecutor.

PRISONER. But Justice Wilmot has been ingenious enough to alter the whole scheme; he was at Justice Durden's last Monday; he told him he was inclined to mercy, and would do all he could to throw out the indictment; but on hearing that my friends were determined to move the cause to the King's Bench, that he should not have his ends, he then made three capital charges more.

COURT. Have you any well-grounded reason for imputing either to Mr. Wilmot, or to any one else any ill-will towards you?

PRISONER. Yes, for above a twelvemonth past; Justice Wilmot about a twelvemonth ago summoned all the subscribers to vote me out of the school upon a private pique between him and I; it was about pedigree; one of the churchwardens had talked to me against his worship, and his worship against me; he tried to vote me out; he could not carry his point; and from that time to this he has set his face

against me. A little before this happened, I had some words with the curate of the parish, reproving him for keeping bad company; the curate told the parties that I accused them of being whores and rogues; I only observed that the man that lives next door to me lives with another man's wife; that the reverend Mr. D. had a bastard child; he went to Mr. Wilmot, and went to the Commons to get a libel against me; he said, if it was possible to have my life he would have it; they told me they would make me stand in a white sheet for calling a woman a whore; upon this Mary -, the witness to the sister I had accused with taking a pair of Dresden ruffles from me, a little girl, went to the pawnbroker's to see if she could find them; when I was brought before Justice Wilmot that evening, nothing appeared of any signification, the Justice bid me go home, if I would promise to appear again on Tuesday; the curate of St. Stephen's, Mr. D -, appeared after I was dismissed by four justices of the peace, Mr. Durden, Mr. Spiller, Mr. Bosworth, and Mr. Wilmot; I was honorably acquitted of this charge; they pursued me like blood-hounds, and went round the parish, the curate and some more of them, and got a deaf, foolish girl to come and lay such a charge, and she pretended she could say I had to do with some more besides her; I went and surrendered myself to Mr. Smith of Tothillfields Bridewell; I said there was something amiss, I should be glad if he would take me as a prisoner; Mr. Smith did; the next day I sent to Justice Durden, and desired him to write to Justice Wilmot, and inform him, that if he had any thing against me, I was in custody; he sent and brought me next day before his Bench; there appeared these girls, this silly girl and the others; after I had been in prison a week, this girl was raised up through his insinuations by her grandfather, upon Justice Wilmot threatening him that if he did not conform to his will, he would turn him out of his bread; so I have been pursued for near a twelvemonth by Justice Wilmot with all venom in the world.

COURT. You speak of there having been an examination before four justices of the peace? - There was.

COURT. Have you desired any of those justices to come here to speak for you? - No.

COURT. Were those examinations taken in writing? - I believe they were.

COURT. Are they brought here? - I believe my attorney has them; the examinations were all taken down verbatim; they were given to Mr. Naylor.

COURT. Was this girl examined there? - Not till a week after I was in prison: on the Saturday after I was confined, I with my family were turned out in the street; supposing I had been guilty, they should not have treated them in that manner; in order to prevent my getting assistance from any attorney or counsel, they stopped my money, and paid all my debts illegally, though I said I would not pay any body; I wanted the money in my present distress; I received but 6 l. 12 s. instead of 18 l. odd: Mr. Chetwood knows I sent a gentleman to retain him no longer ago than last Tuesday, because they stopped my money; they have taken every method to take away my life, and deprive me of power to help myself; I was a fortnight in Newgate before I could make any application at all; and Mr. Smith, the keeper of Tothillfields Bridewell, out of complaisance to Justice Wilmot, told him our intent, and then Mr. Wilmot, after talking of being inclined to mercy, the next day behold he found four bills against me of this sort; they were only called assaults before; they are now capital, in order to try me for my life: the reason was because on Monday he upon the bench had planned out what punishment I should have; he said he would have me stand nine times in the pillory before the school, once for every fact; no man living has been used so ill by that gentleman as I have for a whole twelvemonth.

COURT. I have listened very attentively to all that you have said; I am sorry to say that it does not seem to the point; it seems to point to nothing. What witnesses do you wish to call and examine?

PRISONER. Whether application was not made to the justices by the curate of the parish and Mr. D - of St. Stephen's Walbroke?

COURT. The Justice being here, I dare say he will have no objection to being exaamined, and answering your questions; but

it is a dangerous appeal; you suppose the justice not to be your friend? - No.

Do you desire to have such a question asked him? - Yes.

COURT. If you will give me the question I will ask it.

PRISONER. Whether the curate of the parish; and Mr. D - of St. Stephen's Walbroke, did not apply to him for an action against me?

COURT. That is foreign to this business; any thing that belongs to the subject of these accusations, I shall gladly enquire into, but as to quarrels between you and other persons coming before a justice, that has no connection at all with this subject.

PRISONER. It was proved by a surgeon that stands here, that I was the whole time in bed at the time of the first charge against me; with regard to the second, it was proved I was not out of their company at the time she charged me.

COURT. If you desire to have any question asked of Mr. Wilmot respecting this charge, I will ask it.

PRISONER. The whole parish have been incensed against me from the report given out at Justice Wilmot's office; there is no other foundation in the world for it.

COURT. If there was such a thing I should be glad to assist you in tracing it, but all that you have said upon this subject is very vague, indeed it points to nothing.

COURT to the counsel. Have you any witnesses for the prisoner.

Counsel for the Prisoner. Only to his character.

COURT. They have been examined before.

NOT GUILTY .

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

BENJAMIN RUSSEN was a third time indicted for that he in and upon Rachael Davis , spinster, did make an assault, and her the said Rachael against her will did ravish and carnally know , June 20th .

RACHAEL DAVIS sworn.

How old are you? - I shall be sixteen the 24th of next February.

Did you belong to this school of which Mr. Russen was master? - Yes.

Do you remember going any where with Mr. Russen last summer? - Yes, to the Lock Chapel.

What day was it? - On Friday.

Do you remember what month it was? - No.

How did you return from the Lock Chapel? - We went in a coach back from the Lock Chapel; he asked me in the coach whether I would let him have my maiden-head? I told him, no, I would not; when he found I would not, he entered my body; he took up my petticoats; he put his private parts into me, and when he had done he wiped me with his handkerchief.

Did you make any noise? - No, I did not.

Did you ever mention it to any body? - No, not till the Tuesday he was taken up.

How came that? - He said that if I took away his character he would punish me; he told me there was no harm in it as he was a minister.

Did he ask you at any other time to go with him any where? - He used to tell me where to meet him; to go and meet him at St. Paul's church, and from thence to the Lock.

Did he repeat this at any other time? - He did not.

Were you examined by any surgeon? - Yes, the surgeon in Whitechapel.

Did you say any thing to him when he offered you this violence in the coach? - I desired he would not do it; I tried to get away, but could not.

You said you did not cry out? - No, I tried to get away, but I could not.

COURT. Did you observe any appearance upon your linen after the first time? - No; he wiped me with his handkerchief as soon as he had done.

Where do you say it was that this fact was done? - In the coach coming along.

You never told any body till he was taken up? - No.

How long was it before he was taken up? - I believe it is about two months ago since it happened.

Whereabouts was the coach at that time? - I don't know; it was along the streets.

Don't you know in what part of the town It was? - No.

Was the coach standing still, or going along? - Going along.

Were the windows up or down? - Up.

What sort of windows were they? - Glass windows.

What time of the day? - It was in the evening.

Was it light or dark? - The lamps were lighted.

You say he took up your petticoats and entered your body, are you sure of that? - Yes.

What else did you perceive, did you feel any thing? - I felt something come from him into my body.

PRISONER. I should be glad your Lordship would ask who bid her say that, she did before the Justice declare the contrary.

COURT. Who told you to say so? - Nobody; I said it of myself; when I was before Justice Wilmot, I did not know what he meant.

Did you say before Justice Wilmot that nothing came from him? - I understand better now.

COURT. Who has explained it to you since? - Nobody.

Mr. GILSON sworn.

Did you examine this girl? - Yes, on the 2d of October.

What sort of observation did you make? - I was of opinion that force had been used, there was a laceration of the parts.

Was the Hymen entire or broke? - It was broke.

- DAVIS sworn.

I am the girl's mother.

When did she make any complaint to you of this? - Not till the defendant had been in custody, that was the first I knew of it.

Counsel. Relate the manner in which your daughter told you of it.

She came in a sad fright, and said her master was taken up; that surprized me, as I always took the gentleman to be a worthy man; she kept urging me to know what sodomy was, somebody had told her master was taken up for sodomy; I did not satisfy her: at last she said there were 6 of the boys and 6 of the girls at the office; I could not discover what that could be; to make short, she said at last, if it is for meddling with the girls, I am afraid it is true; I did not let that word drop; I insisted to know what she meant by it; then she said he had used her very ill coming from the Lock, and she confessed how he had used her the last time she was with him at the Lock; she related the matter to me much in the manner she has related now; she has never been with him since; she told me it was the last time that she went with him; she had been used to go with him often.

Counsel for the Crown. Did you, upon being told this, go to the justice? - It was a neighbour next door told the girl first of it; I ran to the office about 4 o'clock; there was no one there; I went next morning and made a complaint.

No one solicited you, you went and made the complaint upon what you had heard from the mouth of your daughter? - Yes, I did indeed; I had no thoughts of asking her such a question of Mr. Russen.

PRISONER. Whether any body told you any thing besides your daughter? - Concerning my daughter no one did, I have had it from her mouth and no one else.

Counsel for the Crown. How has your daughter behaved herself with you; she lives with you, does not she? - She always did: she has behaved like a sober, honest child; she is rather babyish of her age, and Mr. Russen must be sensible of that; she is not womanish at all of her age.

PRISONER's DEFENCE.

I can say no more of this than the rest, it is all of a piece: the examination before Justice Wilmot of this girl was different to what it is now; Justice Wilmot himself was my author, that she told him in his private room, that I asked her to let me have her maiden-head; she said, I might if I would; so, he said, here is consent; this is nothing then: after that she charged me with entering her body; she declared upon oath then, that I never did enter her body: his worship sits there and hears what I say.

COURT. Are you desirous that I should ask him that question?

PRISONER. I beg your Lordship will.

DAVID WILMOT sworn.

I remember the girl was before me.

From the Prisoner. Whether she did not tell Justice Wilmot himself, that she gave me her

free will and consent, and that I never entered her body? - No, she did not say that; she told me, she did not cry out.

Did she declare, that she gave her consent? - No, she did not say any such words; she did not then declare, that he entered her body; she said, he lay upon her; she said, that she was with him in a coach coming from the Lock, and he asked for her maiden-head; she refused, or rather did not understand what he meant by it; she did not say, that she gave her consent; but she said, she did not cry out; she said, he lay upon her; but she did not declare, that he entered her body: I told the parties, that no one need be bound over, for it did not appear capital, as she did not say her body was entered.

A WITNESS sworn.

I was present at the examination: I heard the girl, that he entered her body; she said this before the Justice.

PRISONER. This is one of the subscribers against me; he is not my friend.

NOT GUILTY .

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

BENJAMIN RUSSEN was a first time indicted for making an assault upon Mary Hawkins the younger, spinster, and her the said Mary against her will did ravish and carnally know , March 25th .

This being a charge of ravishing Mary Hawkins , a girl, after she came to the age of ten years, no evidence was given.

NOT GUILTY .

Reference Number: t17771015-2

616, 617. JOHN STORER and SAMUEL BLAKE were indicted for stealing two linen shirts, value 18 d. the property of William Hewson , October 15th .

MARY HEWSON sworn.

I am the wife of William Hewson : I take in linen to wash; I had nineteen shirts of a gentleman to wash; they hung on a line in the garden, opposite the house; I saw Storer run out of the garden, and throw one of the shirts down on a ba nk, inside the garden; I followed him, and cried, Stop thief; he was stopped by two labouring men

Was any thing found upon him? - No; he was not searched: they were both together; I did not see the other do any thing; I missed two of the shirts; my mother took up the shirt that Storer dropped.

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

STORER's DEFENCE.

I am fourteen years old.

BLAKE's DEFENCE.

I am twelve years old.

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

BLAKE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-3

618, 619, 620. RICHARD SPENCER , THOMAS SMART , and GEORGE CROOK were indicted for that they in the king's highway in and upon John Moss did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a metal case, value 30 s. a wedgewood seal, value 10 s. a guinea and five shillings in money, the property of the said John , Sept. 15th .

Mr. JOHN MOSS sworn.

I was robbed on the evening of the 15th of last month, between Gray's-inn-lane and the turnpike in the King's new road , about half after ten o'clock; it was moon-light; I was robbed of a metal watch, a seal of wedgewood, and about four or five shillings in silver; I cannot say exactly how much.

Can you swear to the persons of the three prisoners? - I cannot take upon me to swear to any of them; I was robbed by four men; they threatened my life, and cut the reins of my horse; I recollect one man had a livery, I think with a red collar; I had a lady with me in the carriage; she was robbed of a guinea and some silver, I believe.

WILLIAM BROWN sworn.

The three prisoners and I stopped Captain Moss in the King's new road; we took from him a metal watch and a gold seal; we had been walking about at Islington; the watch was sold to a Jew who lives somewhere in Coxe's-square; I don't know his name.

JOHN HUCKERBY sworn.

I am a constable: in consequence of an information I took Smart; the other prisoners came to see him, and I stopped one of them: I took Smart up on a warrant for leaving his wife and children; when I had taken him to the round-house, I went and acquainted Sir John Fielding that I had taken him: Spencer came backwards and forwards, that made me suspect him; Smart lodged with me; I suspected him because he lived loose; I took them the next morning in a coach to Sir John Fielding ; Crook walked there to see what would become of them, and he was stopped in the office by a pawnbroker that had taken a watch in pawn of him.

WILLIAM BARNARD sworn.

The last witness came to Sir John Fielding 's to acquaint us that he had taken Smart on a warrant against him by his wife; he came to enquire if we had any thing against him; we had charges against him for footpad robberies: I went with him and searched Smart; I found two guineas and two shillings on him; I searched him up stairs in the round-house; when I came down to search Spencer, he was let out; I desired if he came again he might be stopped; he came; they secured him; the next day the evidence and Crook were taken into custody; two or three days

after he was in custody, the evidence sent for me; I had a hand-bill in my hand of some robberies; I looked at it, and pointed out the watch Mr. Moss was robbed of, and should be glad to be taken to Sir John Fielding 's; I took him, and he made a discovery of the whole.

The prisoners were not put on their defence.

ALL THREE NOT GUILTY .

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

THOMAS SMART and GEORGE CROOK were a second time indicted for that they in the king's highway in and upon Paul Parker did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a silk handkerchief value 6 d a piece of false money of no value, a guinea and two half guineas, the property of the said Paul , September 17th .

PAUL PARKER sworn.

I was stopped near the fourth watch-box in Tottenham Court Road at about a quarter after ten at night of the 17th of September, coming from Kentish Town on horseback; I rode through a fog; when I was near the watch-box, I was riding pretty smart, having been informed that some gentlemen had been robbed; I pulled my horse in upon seeing them both in the road, in order to turn back and escape them; they came back, one on each side of me, and said, Your money; I gave one of them a guinea and two half guineas; the man on the other side took my silver watch out of my pocket, and a bad shilling; he then asked for my pocket-book; I told him I had no notes, nor any thing of value about me; then he felt in my pocket, and took out a memorandum-book and a silk handkerchief; he looked at the book, and put it in my pocket again. My lord, I omitted one observation; when they came up, they said, Your money, and put your hat before your eyes. When they had robbed me, they said, I might go on: I cannot swear to either of the prisoners; I think one of the men was like Smart.

JOHN NEWMAN sworn.

I am an apprentice to Mr. Bither, a pawnbroker in Long-acre: I took the watch in pawn the next morning after Mr. Parker had been robbed; Crook pawned it in the name of Smith; I asked him where he lived; he said, at Lord Clermont's, in Berkeley-square; I went afterwards to enquire about him, and was told he did not live there, and they knew nothing of him.

HENRY SMALLWOOD sworn.

I am a constable: when Smart was in custody I searched him, and found this handkerchief (producing it).

Mr. PARKER. I believe this handkerchief is mine, I have the fellow to it in my pocket; I have no doubt of its being mine, I had the whole piece: here is the fringe on this.

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

MATTHEW SWIFT sworn.

I searched about and found this shilling (producing it).

Mr. PARKER. I believe this is my shilling, there was such a mark of a tooth upon the shilling that I lost.

SMART's DEFENCE.

I am innocent of it; the handkerchief was given me by a man that came up into my room, and an acquaintance of the man that gave the handkerchief, sent Crook with the watch to pawn it.

CROOK's DEFENCE.

The acquaintance of the man that gave Smart the handkerchief, gave me the watch to pawn.

Mr. PARKER. If I was obliged to swear that they were or were not the men, I should rather swear they were not, for they were so andacious at the justice's office, that I could not think if they had been the same men, they could have behaved so civil as they did to me.

JURY. If you think they are not the men, why did you prosecute them? - To get my property again.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-4

621. JOHN KITSON was indicted for stealing a piece of Brewick timber, containing eleven feet in length, value 2 s. the property of Richard Martyr and James Swinton , Oct. 4th .

RICHARD MARTYR sworn.

I am in partnership with James Swinton , we are carpenter s; I live at Greenwich : my man sent me word that some timber had been stolen, and that they had got the thief.

THOMAS HOWCROFT sworn.

I am servant to Mess. Martyr and Swinton: I was informed that the timber was taken away, and was carried to Justice Gretton's; I went there and saw a piece which I believe belonged to my master; the whole piece was fifty feet long; this piece was cut off from it, this piece (producing it) had been cut off it; I carried it to the justice's, and it matched exactly: the piece was found, as I was told, in Mitchell's shed in Portman-street.

JOHN ELLISON sworn.

I know the prisoner by sight; I have frequently seen him bring timber to Mitchell's, who is a coal-dealer; I live opposite to Mitchell; I have seen him bring enough there since the first of June to build a house; my wife told me he frequently brought timber there, and she thought he stole it: on Saturday se'ennight, when I came from work at about six o'clock, I saw him bring a piece of timber and throw it into Mitchell's coal-shed; he went down Portland-street into Portland-place and leaned against a post; I went on the opposite side of the way and watched him, and saw him take up this piece of timber, and pitched it against Portland Chapel; I called another man, whose name was Mitchel, to watch with me where he took it to; I desired that Mitchel to run to Mitchell's coal-shed; we had been watching the prisoner before; we both got there before he threw it down the cellar; I saw Mitchell have hold of it while he was throwing it down; I asked him how long he meant to go on stealing peoples' timber, and bringing it there; he said, he did not steal it, a man gave it to him; he said he would go with us to the man's house; he went with us as far as Portland Chapel, and then he said the man was not at home, he would go with us to him on Monday; I went and called my masters I work for, who had lost a great quantity of timber, and desired me to look out and take the thief: we took the prisoner to the justice's; there he said Mitchell sent him to different places for it, and paid him only porterage for bringing it: when Mitchell found we were gone to the justice's, and that he was like to be apprehended for receiving it, he threw out four long pieces into the street, one of those pieces belonged to the prosecutor. Mitchell is out upon bail.

JONATHAN MITCHEL sworn.

I was present with the last witness: I have seen him bring twenty pieces to Mitchell's at different times.

PRISONER's DEFENCE.

Mitchell, who kept the coal-shed, told me he had bought this timber; he sent me to bring it to his house; he only paid me porterage; I never brought any by night.

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

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

Reference Number: t17771015-5

622. ELIZABETH STONE , widow , was indicted for burglariously breaking and entering the dwelling-house of William Robinson on the 3d of July, about the hour of one in the night, and stealing 140 pair of silk stockings, value 60 l. 32 pair of worsted stockings, value 4 l. three pair of silk and worsted stockings, value 12 s. six worsted breeches pieces, value 30 s. and two pair of mens' leather shoes, value 4 s. the property of the said William, in his dwelling-house .

WILLIAM ROBINSON sworn.

I am a stocking-trimmer : my house was broke open on the 3d of July in the night; my wife was the last up over night; we went to bed at eleven o'clock; she saw that every thing was fast; when my men came to work in the morning, they found the wash-house door open; they had taken a lattice down which was over the door, and got in that way; I lost goods to the value of 70 or 80 l. out of my shop where my men work; there is a way out of the wash-house into the work-shop; I lost the things mentioned in the indictment (repeating them) I have found

none of them but five pair of stockings, which are in the hands of the constable.

ROBERT HEELAS sworn.

On the 4th of July, as I was as the officer of the ward, coming from duty at about a quarter before five o'clock, I saw the prisoner with some things in her lap; I asked her what she had there; she said, some things of her own; I took her to the watch-house, and found they were shoes and stockings.

[The witness produced five pair of worsted stockings, and two pair of shoes, which were deposed to by the prosecutor.]

BENJAMIN READ sworn.

I was going off duty ten minutes before five, my partner, who is gone on board a man of war, called me to examine this woman, she being in a deplorable condition; I examined her, and found five pair of stockings, and two pair of shoes in her apron.

PRISONER's DEFENCE.

One George Taylor gave me the things at a public house; he was taken into custody, and they discharged him.

NOT GUILTY of the burglary, but GUILTY of stealing the goods .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17771015-6

623. HANNAH BEACH was indicted for stealing two muslin aprons, value 30 s. the property of Richard Baldwin , privily and secretly, in the shop of the said Richard , Sept. 19th .

EDWARD HUSBAND sworn.

I am a servant to Mr. Richard Baldwin , who is a linen-draper : on Friday, Sept. 19th, about 12 o'clock, the prisoner came into our shop, and asked to see some muslin aprons; I shewed her some; she said they were not fine enough: I brought some others to her, and laid them on the counter; she said they would not do, not being fine enough. She went out of the shop, and they were found upon her at another house below ours.

RICHARD POTTER sworn.

I am a shopman to Abel Peyton : I was informed that this woman had secreted an apron of ours; I went to search her, and she let the apron fall; I took her into the warehouse to search her, and she dropp'd a handkerchief and apron; she said, on my interrogating her very sharply, that she had taken them out of a shop; but did not say where: I left her in custody with a gentleman, and went for a constable; when I came back he said he had found another apron.

[They were produced in Court, and Edward Husband deposed that they were the property of the prosecutor.]

Cross Examination of Husband.

What do you know it by? - A mark in the corner with a pencil.

That is the only reason of your knowing it? - Yes.

Did you put that mark yourself? - No.

COURT. When did you miss them? - Not till the man came to enquire if we had lost any.

Did you look over the aprons and miss them then? - No; we don't know how many handkerchiefs we have.

PRISONER.

I leave my defence to my Counsel.

FOR THE PRISONER.

- MUFFET sworn.

I have known the prisoner almost two years; I never heard any thing amiss of her before.

DANIEL FOSTER sworn.

I am a publican; I have known the prisoner three quarters of a year: I never heard any thing amiss of her: I would trust her as much as any one of my own family.

ELIZABETH RICHARDSON sworn.

I have known the prisoner three quarters of a year; I never heard any thing amiss of her.

HANNAH MOSS sworn.

I have known her 14 years; I never knew any thing amiss of her.

THOMAS WARREN sworn.

I have known her some time; I never knew any thing amiss of her.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

HANNAH BEACH was a second time indicted for stealing a muslin apron, value 18 s. the property of Abel Peyton , Sept. 19th .

RICHARD POTTER sworn.

I am a servant to Mr. Peyton, who is a linen-draper : Mr. Pen was serving the prisoner; she came into the shop, and had desired to look at some aprons; in the course of serving her, he came and told me he saw her conceal something: as I was coming towards her, she suspected we had discovered it, and let it fall from under her cloak; she was half a yard from the counter when she let it fall; it has my own mark upon it, M T, in red letters in the middle of the end, M T, stands for 18 s. We always mark them as soon as they come into the shop: I stood close to her when it fell.

JOHN PEN sworn.

I am apprentice to Mr. Peyton: I was called by Richard Potter to shew the prisoner some muslin aprons; I reached some down to her; and while I was reaching some others down, I saw her put one under her cloak: I went and acquainted Richard Potter of my suspicions; he desired me to wait on his customer, I did; and when he went to her, she dropp'd it.

FOR THE PRISONER.

JANE JONES sworn.

I have known the prisoner five years: I had a good character with her from Leatherhead when I took her into my service; I never heard any thing amiss of her: she is married since she left me; her husband is a coach-master; he drives a coach of his own.

JOSEPH RICHARDSON sworn.

I have known her two years; her husband keeps two coaches; I never heard any thing amiss of her.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-7

624. THOMAS HUNT was indicted for stealing a brass fender, value 4 s. and 4 lb. wt. of old copper, value 2 s. the property of John Brind , Sept. 18th .

JOHN BRIND sworn.

On the 18th of September, the prisoner at the bar took the fender and copper, and carried them to a public house, as I was informed on the next morning, and that he had lodged them at such a place; I went with him, and found the things in the bar of the Cock and Bell in Whitecross-street.

THOMAS RANDAL sworn.

I am a constable; I have the custody of the things.

Another Witness sworn.

I know the prisoner; I saw these things in his possession on the 19th of September; I live next door to the public house; I saw him go by with them; it was in the afternoon; he laid the fender first in the bar of the Cock and Bell; he went back and fetched these three tea-kettles: I worked with this gentleman some time before, and knew that sort of copper was for his own use; he did not send it out to sell. The prisoner worked at the prosecutor's; I suspected him, and went to inform the prosecutor; he was not at home. I saw him go by on Friday morning, and told him, and he went and saw them in the public house.

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

PRISONER's DEFENCE.

I was at the public house drinking; I know nothing of the things: there was another man worked with my master; when I was taken he made off.

GUILTY of stealing to the value of 10 d.

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

[Whipping. See summary.]

Reference Number: t17771015-8

625. THOMAS BEER was indicted for stealing a velvet waistcoat, value 20 s. and a velvet pair of breeches, value 10 s . the property of John Riley , Sept. 18th .

MARY HOPKINS sworn.

I am servant to Mr. Riley: on the 18th of September Mr. Riley lost a velvet waistcoat and a pair of breeches; they were sent from Mr. Riley's in Long-acre to Charlotte-street; I delivered them to a porter, and in two hours afterwards one of Mr. Riley's clerks sent to me for the same things.

What were they sent for? - To be sold by

auction; they were stole from Charlotte-street , and pawned.

HENRY ASH sworn.

They were brought by one of our men to the house, and I was to have lotted them; when they were brought to me, they were tied up in a bundle with other linen; I untied them; I hung up the linen as far as the printed catalogue went; the wearing apparel I put loose on the bed. In about an hour and a half after the rest of the catalogue came from the printer's, I went to hang up the wearing apparel; I then missed the things mentioned in the indictment; I told one of the clerks, and hand-bills, with a reward, were printed, and the things were found pawned. I saw the prisoner that day in the room.

JOHN WOOD sworn.

I live with Mr. Nash, a pawn-broker in Prince's-street; the Prisoner pawned these things with me on the 18th of September; in four or five days after I received a handbill from Sir John Fielding .

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

I remember his being in the room.

PRISONER's DEFENCE.

I pawned them for one Brown; he is gone abroad.

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

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-9

626, 627. HENRY PARKINSON and JOHN ANDERTON were indicted for that they in the king's highway in and upon William Rigby did make an assault, putting him in corporal fear and danger of his life, and stealing from his person four ounces of dounce silk .

WILLIAM RIGBY .

How old are you? - I shall be 10 years old a little before Christmas.

You know you are to take an oath? - Yes.

Have you been taught your Catechism? - Yes.

You know that there is a God who punishes wicked people? - Yes.

Where do wicked people go to? - Hell.

Do you think it is a wicked thing to take a false oath? - Yes.

(He is sworn.)

Do you know the prisoner? - Yes; my father sent me for some silk to Bow-lane, Cheapside.

What quantity of silk was there? - Fifty bobbins; the silk was delivered to me by the foreman of the warehouse; I was bringing it back to my father; a young man came up to me, and said Mr. Collier, the foreman, had sent him after me for eight bobbins.

What young man was that? - The prisoner Parkinson; I told him to come to my house with me, and my daddy would weigh them for him; he said he must have them directly to Mr. Collier to be weighed, and he took the basket out of my hand; he took eight bobbins out, and put them in his apron, and ran away.

Did you suppose at first that Collier had sent him? - No.

What did you imagine? - I bid him come to our house, because I meant my daddy to speak to him.

Did he take the basket by force from you, or did you let him take it? - I did not let him, he took it by force, and took eight bobbins.

What do you know of Anderton? - He stood on the opposite side of the way when the other asked for them, and when he had got the bobbins they both laughed, and Anderton crossed over the way to him; I saw no more of them; I knew Parkinson before by sight, I did not know the other.

What time was it? - Nine in the morning.

Was it in the street? - Yes, in Norton Falgate.

Were there any persons in the street? - Yes.

Did you try to have them stopped? - Yes; but they soon got away.

WILLIAM RIGBY the elder sworn.

I am a weaver: about one o'clock last Thursday morning Bruce brought my son home; he had been robbed; he desired me to use no violence to the child; that he knew the thief that had robbed him, and he brought the child home; he said he knew where to find him another day; he told me to go with him to Spital-square, and he would give me intelligence of the thief; we went to several houses he used, but could not meet with him that day; the Monday following Parkinson was taken by one of Mr. Wilmot's men; while he

was having a hearing Anderton came in, and was taken before the justice; and he owned he received half the money the silk was sold for: I did not hear any promise made to him.

Whether Parkinson said any thing? - Yes; he said Anderton had half the money; that they sold the silk for 14 d. an ounce.

THOMAS BRUCE sworn.

I work at Mr. Forbes's, a coppersmith, in Primrose-street: on last Thursday, about nine o'clock, as I went to breakfast I saw this lad run along behind a one-horse chaise, I saw Parkinson go up to him and stop him, and take the silk out of his basket, and run away.

Did you see any conversation before he took it? - No.

There was no time for conversation? - No.

Did you run after him? - No; I knew him twelve or thirteen years before; I saw Anderton on the opposite side of the way; he ran after him.

Did he seem to take the basket violently, or did the boy seem to give it to him? - He took the silk out of the basket.

Whether you think he took it by force? - The boy seemed unwilling that he should have it.

PARKINSON's DEFENCE.

I am intirely innocent.

ANDERTON's DEFENCE.

I was not near the place.

FOR ANDERTON.

JAMES PARKE sworn.

I have known Anderton a twelvemonth; he behaved honestly and always kept good hours when he was in my house.

PARKINSON GUILTY. Death .

ANDERTON NOT GUILTY .

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

PARKINSON was humbly recommended by the Jury to his Majesty's mercy .

Reference Number: t17771015-10

628. EDWARD HATFIELD was indicted for making an assault upon Ann Clarke , widow, and her the said Ann against her will did ravish and carnally know , July 27th .

ANN CLARKE sworn.

You are a widow ? - I believe so; I have not heard from my husband some time; I wrote several times, and could hear nothing of him; I have not heard from him two or three years; he was a seafaring man; I don't know whether he is living or dead.

When did you last see him? - I believe between two and three years; he went to Chatham, to go on board a ship; he told me he would write to me; I have never heard of him since.

Did you mention this circumstance to the person that drew the indictment? - I said, I believed I was a widow; I did not know to the contrary; I have wrote and can hear no account of him.

Don't you wait a little longer than two years before you make yourselves widows? - He was to go on board the Ramilies; I had a letter from one in the ship, that the ship was out on a cruise, and that my husband died on the cruise.

Who wrote to you? - I don't know the man's name.

How did the man write to you? - I gave directions to the person I wrote to; I wrote to know if such a man was in the ship; I sent the letter to any body in the ship; it was directed to William Clarke , if he was to be found there.

Where was the Ramilies then? - At Portsmouth.

How long ago did you write that letter? - It might be a twelvemonth ago; I cannot say.

Did the answer say, that there was no such man there, or that the man was dead? - I cannot recollect.

Did the letter only say, there was no such man there, or that he was dead? - The letter said, there was no such man there; there had been one of that name, that was dead.

You are positive it said, there was one of the name, who was dead? - Yes, I am positive of it.

Where did you receive that letter? - By the postman; it was brought to Mr. Jenkins's, No 2, Black Swan-court, Tower-hill.

Do you believe your husband to be dead? - I do believe it; if he had not been dead he would have wrote to me.

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

Where do you live now? - I am servant to Mr. Jenkins; he is a shoemaker: upon the 27th of June, the day that Dr. Dodd was executed, I went to see him pass by; as I came home I went to Guildhall, to take out a summons against a person that owed Mr. Jenkins for half a year's lodging; when I was at Guildhall, standing to get the summons, the prisoner shoved me several times; as soon as I got the summons and came off the step he came up to me, and said, Let me see the summons; he took it out of my hand, and said, Give it to me, I am an officer of the Court and I will serve it; follow me to my office, my name is Hatfield, I followed him down the first turning from Guildhall towards the Old Jewry, as I since find it is; I went with him, as I did not imagine I should have any bad usage from him, as he said he would serve the summons and get the money; he stopped at the door of a large house, and went up one pair of stairs; then he called me, and said I must come up, his office was higher; I followed him up, and he went into a back room; he opened the door, and as soon as I got in he barred the door with a long of wood or timber, I cannot say which; and he threw me down immediately.

Without saying any thing to you? - He swore he would lie with me; I told him, he should not; he damned me, and said he would lie with me, let the consequence be what it would, and he threw me down; it is a very indecent matter to mention, but I am obliged to it.

COURT. You must mention what he did undoubtedly. - He set his knee in the first place on my breast and stomach, and used me in the most inhuman manner.

Describe what he did. - He effected his purpose in a very cruel manner; he tore me with his hands, and said I was not big enough for him.

What did he do after he put his knee on your stomach? - It is a bold circumstance to mention by a woman.

What was the next thing he did to you after he put his knee on your stomach? - He took my cloaths up; he put his fingers and tore my private parts.

What did he say? - He said, I was not large enough for him, but he would make me big enough.

What was the next thing he did? - He proceeded, and had knowledge of me.

You mean carnal knowledge? - Carnal knowledge, against my consent; I cried out several times, and he put something into my mouth, which I imagined to be a handkerchief; as soon as he had completed his whole desire he fled out of the room, and went down stairs, and left me in the room.

Did you see any more of him? - No.

He went quite away? - Yes; as soon as I was able to get up I came down stairs, and came out of doors; and as I was passing by the window I thought I saw the glimpse of a man at work in the house; I went back and asked who belonged to the house, and whether it was inhabited; he said it was not inhabited, but it was repairing by one Hatfield; I said I had been cruelly used, and asked where Hatfield lived; he said he lived at Tower-hill, the corner of Savage-gardens, and that he went out a short time before; I said he had used me very ill: I went home directly, and went immediately to bed.

What time was it when you came home? - It might be upwards of two o'clock, I cannot say to a minute or two; I went to bed, band continued very ill, by reason of the inhuman usage I had received, and the sorvement; I kept my bed four days.

Did you send for any assistance? - No; I was ashamed; I only told one lodger in the house; the second morning, seeing me in bed, she asked me the reason; I told her I was in a very bad condition, for I had been very badly used by a man that I had not found but; she came down the third morning; I was still in bed; she asked me if I was no better; I said, no, I was very ill; she asked me if I would have a little wine mulled; and she brought me the wine and a little tea: I told her the whole circumstances as I have now related; she asked me why I did not acquaint Mr. Jenkins; I said I was ashamed: I told Mr. Jenkins; I believe it was about the fourth day, by her persuasions; she said it was a pity I should be so badly used without telling it; I said I had no friends, I had nobody to relate my case to: Mr. Jenkins was in a passion when he heard it, and said it was hard treatment;

he asked me if I knew where he lived; and he went to Mr. Hatfield's house; there was nobody there but his wife, I believe: Mr. Jenkins being ignorant how to proceed, he said he had a countryman, and attorney, and he would ask him how to proceed.

Did he consult the attorney? - Yes; Thomas Griffiths ; he came to me, and asked me to relate the story; he did not ask me to employ him, but said he would go to Hatfield's house.

How soon did Griffiths come? - It might be in two or three days after I told Mr. Jenkins, Griffiths said, he went to Hatfield's house, and Hatfield confessed it to him: I never saw Griffiths; he told Mr. Jenkins to leave it to him, and he would get Hatfield prosecuted, and he kept it on for a fortnight or three weeks: I did not see any thing more of Griffiths, but Mr. Jenkins told me, that as he was coming along Tower-hill he saw Griffiths and Hatfield going arm in arm into the King's Head tavern; in a little time after that Griffiths sent for Mr. Jenkins, to go to him at the King's Head tavern; he went up stairs; Hatfield said he would lay ten guineas I was a common prostitute, and that four of his men had had to do with me: he asked Mr. Jenkins to take a guinea to make it up, or he would prove me a common prostitute; and then asked him to fight; Mr. Jenkins said he had nothing to do with it; I was a poor woman: Hatfield then put up his hands and said, Look at the horns: after this I went to a towns-woman, a Mrs. Bartrum, and told her how badly I had been used.

When was that? - I cannot say positively to the time.

Tell as near as you can. - It might be a month or five weeks, I cannot say rightly: this Mrs. Bartrum said, you have been very badly used; there is an acquaintance of mine, a Mrs. Austin, will put you in a way how to act; she said she would recommend me to go to a justice, and I went to Justice Wood.

How long was it after you went to the two women, before you went to the justice? - I cannot say whether it was the same day or the next day, it was in a short time: Mrs. Austin said I had been cruelly used; she would have me go with her to a justice; she said she knew one Ned Hudson , an officer; when I went to the justice, he was not at home; one of his men said, I will take you to Justice Wood; I went to Justice Wood, and related my case; he said, I cannot do any thing in it, you must apply to my Lord Mayor; I went to the Mansion-house; it was four or five days before I got the warrant, and I was there every day; the warrant was served upon him, and he appeared before his Lordship; but the day before I got the warrant he sent two of his men to frighten me, his foreman and another; he said, I am the man, I took the summons from you; I said, you are not, I never saw you in my life; Mr. Jenkins said, if he was the man that had ill used me, he would get a constable and take him up; then he said, it was not him, it was some other man.

How old are you? - Thirty-two.

When you went up stairs, had it the appearance of an inhabited house? - I was in none but that room; I saw no room door, to my knowledge, open.

Was there any furniture in that room? - No.

Was it a finished room? - I don't know.

Had it a floor? - Yes.

Was you thrown on the floor? - Yes.

You could not cry out? - I cried out several times before he stopped my mouth, but nobody came to me; I saw nothing of any body.

Cross Examination.

You believe your husband is dead? - Yes.

How long have you lived with Mr. Jenkins? - Since he first hired me as a servant to him, 4 or 5 years.

Does he keep any other servant besides you? - No.

Have you ever past as Mr. Jenkins's Wife? - I don't say but I have, but it was to them that knew nothing to the contrary.

Have not you called yourself Mrs. Jenkins, and said he was your husband? - I never said I was married to him; I have been in service to him ever since I was married.

You passed in the neighbourhood as his wife, I believe? - Yes.

Then you did not want a near nor a dear friend to tell this to? - I did not tell him at first, I told him about the fourth day.

What time in the day did you tell him? - I cannot tell the time.

Did you first tell it him in bed? - I don't

recollect I did; I told Mrs. Harris in bed, and told her the condition I was in.

You never told Jenkins in bed? - No, I never did.

You knew several justices of the peace about town? - I never was before a justice.

It was 5 weeks before you went before a justice? Did you ever employ Jenkins to make it up? - I never employed him to make it up; I desired Mr. Jenkins to let me have proper justice done me according to law.

Do you know whether he applied to any attorney besides Griffiths? - I believe he did.

To Mr. Merrith? - He asked if Mr. Merrith was at home, as he told me.

Had you at that time told Jenkins the whole state of your case? - Yes.

When you went before the Lord Mayor and got a warrant, it was for an assault? - I told him the circumstance how the prisoner used me; he asked me what I pleased to have taken out; I said I don't know; there is my case; you see how I have been used; he said, do you want it for an assault? I said, Sir, you know best, I cannot tell.

You was in some hopes something might be got without going to a justice? - He sent a constable, and offered me 4 guineas; I said, I wanted no money, but justice done me.

Did not you say to Austin and the other woman, that Jenkins was a fool for not owning you as his wife; that if he had he would have got 40 l. by it? - I deny that ever I said any such thing, as God is my judge.

You never said you wanted money of Hatfield? - No, never.

Did you apply to Hudson to make it up? - No, never.

MARY HARRISON sworn.

I lodge in the first floor in Mr. Jenkins's house.

Do you remember Mrs. Clarke's being ill in June last? - I do.

Do you remember the day? - I cannot remember the day; but the second day she related a little of the story to me; I came down stairs; she slept in a bed-room below stairs; there is a bed-room on every floor; I saw her in bed violent sick; I said, what is the matter; she said, she was very ill; she had been used very ill by a man that she had not found out yet; I went down the next day, and found her very bad; I saw things very indecent, and she spit blood; I sat down, and said, Mrs. Clarke, can you drink a drop of mulled wine? she said, it might do her good; I brought it down to her, and asked her what was the matter; she said, she had been used in a violent manner; the next day I saw her in the same case, and she then related the story to me; I knew the man in the back-room that was gone away owed Jenkins some money; she said, she went to take out a summons for her master to get the money, and she had been attacked by this Hatfield, that he jogged her in the court, and when she had got the summons, he followed her out, and told her he would serve the warrant, and took her to the second house in the Old Jewry; that he said, my name is Hatfield, follow me; and she went up one pair of stairs; he said, follow me up another pair of stairs; she did, and then he fastened the door with a log of wood or timber, that then he threw her down, and used her in a violent manner; she shewed me indecent things not proper to speak in court; I am a woman that have had many children, and know the case well.

You must relate the fact. - I found her in a very ill state indeed.

In what respect was she in an ill state? - She had a great discharge of blood come from her in a most violent manner indeed, and likewise spitting of blood; I know it must be by ill usage.

How do you know it was by ill usage? - I saw it in the proper manner where it came from.

How do you know it was by ill usage, and not from a natural cause? - I am sure to the contrary; about three weeks before she was as all women in common are; I am confident it was from ill usage.

You saw nothing of any inflammation or any wound? - No; she complained she was violent fore, and not able to discharge her water by the violence she had received.

Cross Examination.

This was the second day? - It was the third day that she opened it entirely to me.

You know nothing more of this transaction? - Nothing more.

Was you examined before the Lord Mayor? - No; my sister was brought to-bed, and I was obliged to attend her, and my husband had broke his arm, and I was obliged to attend him.

Did any body else lodge in the house? - Yes; a gentlewoman in the two-pair of stairs, who is always out of town.

Whether the prosecutrix is known as the wife of Mr. Jenkins? - No, I cannot say she is.

Have you known her called so? - I cannot say.

Don't you know she passed as his wife? - No; I have no doubt they cohabited together.

Did they lie together? - I cannot say.

Did they dine together? - I cannot say.

Did they breakfast together? - That is in course where there is a housekeeper; being his housekeeper she is obliged to attend to his diet.

PRISONER's DEFENCE.

I have nothing at all to say; I never knew the woman.

FOR THE PRISONER.

EDWARD HUDSON sworn.

About five or six days before the last sessions the prosecutrix came to me, and told me, Hatfield had used her very ill; that he had carried her to a house repairing, and had lain with her; she wanted my assistance; I went with her to Hatfield; I told Hatfield what she complained of; Hatfield produced to me immediately a receipt, which her attorney had given him; seeing this receipt I went to her and asked what she meant by not acquainting me that there was such a receipt, and by not telling me she had employed a lawyer; she said, he has got the three guineas, and will not give me any thing: the receipt being in the name of Griffiths, I advised her to go to Griffiths: I saw Hatfield again on another occasion; I had a bill of his; I told him then that the best way was, though he might have paid the money to Griffiths, and he had not given it her, his best way was to give her something to make it up; Hatfield expressed his willingness to do that; I saw her again, and asked her why she did not make it up; she said, she had no objection; I offered her half a guinea or a guinea; she said, she had been two guineas out of pocket, and she would consider of it for a day or two, two or three days after that she said, she would take three guineas; I told Hatfield of it; he refused to pay that; I acquainted her with it: she then preferred her bill.

Was any body present at this conversation between you and her? - The shoe-maker was present, and another person, at the time I offered her half a guinea or a guinea.

ELIZABETH AUSTIN sworn.

About three weeks and one day after this affair happened, the prosecutrix was brought to me by one Mrs. Bartrum; she represented to me that Jenkins was her husband, and that it had made such an uneasiness between her and her husband, that they should never be happy more; she said, it happened on the Saturday week; she desired me to put it back a week or fortnight; I said, I would not swear a false thing for my grandmother; she then said, she never had mentioned the thing to any other woman, and her reason for not mentioning it to the lodgers particularly, was because she would not expose herself to her lodgers; she cursed Jenkins for a fool, and said, if he had not denied her, they should have got more than the guinea and half which the petty-fogging lawyer offered them; she never told me what condition she was in, nor gave me any account of it; she always particularly desired when she first conversed with me, that the thing should be kept a secret from Harrison.

Nathaniel Harrison proved the receipt which was produced to be the hand-writing of Griffiths.

(The receipt read.)

In the King's Bench. - Received this 18th of July 1777 of Mr. George Hatfield the sum of three pounds three shillings, in full of all demands and damages for Mr. Jenkins and his lawful wife and every body's whore.

T. Griffiths, No 2, Black Swan-court, Tower-street.

HARRISON. I heard the conversation between Mrs. Austin and the prosecutrix; I heard the prosecutrix say, that Jenkins was a fool to deny her as his wife; I understood that she meant by that it had spoiled the opportunity of making a market of Hatfield; this woman asked my advice, and told me that she

had been told, that she ought to tell of a rape to some woman within twenty-four or forty-eight hours; but she was very unhappy, for she had never told it to any woman till she had told it to Mrs. Bartrum; she wanted me to write to Hatfield, to say that Griffiths had proved a rogue to her, that she had never received a single shilling, and did expect satisfaction from him.

FOR THE CROWN

JOHN EVANS sworn.

I was at Jenkins's when Hudson came in; Hudson said, what is the matter; said the prosecutrix, I am not very well, I have been badly injured; I don't know if I shall ever recover it, she said, he had used her so ill; Hudson said, you had better make it up; I have authority to give you a couple of guineas; she said, A couple of guineas! I have been at more expence than that; I have been three guineas out of pocket; I don't know whether my life may not be at stake; I will not take it; I want to have Hatfield prosecuted: Hudson said, call upon me at my house to-morrow, or this afternoon, and he said he had an action against Hatfield for a note of 20 l. and he should arrest him if he did not pay it soon.

Mr. ALDERMAN PLOMER sworn.

These parties were all before me on two different days; I did not chuse to determine the matter the first day, because Griffiths was not present; they said, that he was gone to Guildford, or somewhere in Surry, and would be present the next day; Griffiths came and behaved in a very insolent manner; when I got possession of this receipt, I asked him how he came to draw such a receipt; I apprehended that Jenkins or Clarke had applied to him: they told me at first that he said he would write a letter, and would take out an action against the prisoner; when I read the receipt, I observed it was worded in such a manner, that it was indecent to him as a man, and scandalous to him as a lawyer; I asked him if he had taken out a writ; he said, no action was commenced; I asked him how he should presume to say Jenkins's lawful wife, or any body's whore? I asked him if he knew she was his wife or his where; he said, no, he did not know that she was; I asked Mrs. Clarke and Jenkins if they had given him any authority for that; they said, they had not.

Did Griffiths pretend he had any authority to make it up? - He said, he had; they both denied it; I asked him, whether he had ever given them any part of the money; I said, you have expressed it in the receipt to be in full of all demands and damages, for Jenkins and lawful wife: he said, he had kept the three guineas for the trouble he had himself; I told him, he ought to be struck off the list of attornies: the woman said, that she had told a woman that lodged in the house two or three, or three or four days after it happened.

FOR THE PRISONER.

- KNOWLES sworn.

I am clerk to Mr. Merricke, and attorney; Jenkins applied to me on the 18th of July, and said, he wanted a sharp attorney; I called him into the office; he said, a woman of his acquaintance had been ill used by a gentleman, in whose house she had sat up; he did not say that it was for committing a rape; I conjectured what it was; I said, if it was for a rape his best way would be to apply for a warrant; he rejected that, and said, he wanted to employ a sharp attorney; he said, it was for one Ann Crawford ; I told him, if he called again, perhaps Mr. Merricke might speak to him.

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

Reference Number: t17771015-11

629. MATTHEW POUNCEY was indicted for stealing 40 lb. weight of lead, value 30 s. the property of our lord the king , Sept. 18th .

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-12

630, 631, 632, 633. MORRIS GEARY , JOHN RILEY , MARY EVANS , and CATHERINE REEVES were indicted for that they feloniously and traiterously a piece of base coin, resembling the silver coin of this realm

called a half-crown, did colour with a certain wash producing the colour of silver .

2 d Count. For colouring in the same manner a shilling.

3 d Count. For colouring a round blank of base metal, of a fit size and figure to be coined and counterfeited to the milled money of this realm called a shilling, August 13th .

DENNIS M'DONALD sworn.

I had an information, that Geary and Driskell had some base coin found upon them; I apprehended them on the 8th or 9th of August last, at the Brown Bear, Newport-street; I searched Geary and found this half-crown upon him (producing it) and some shillings upon Driskell; I found some other money the next day; in consequence of a former information I had received I went down to a place called Stanstead, in Kent, at the house of one Hughes, there we found Geary and his wife, and brought her and Hughes up, and some coining tools that we found there; I found the two women prisoners at a house in Marybone, and found some coining tools and aqua fortis in that house.

JOHN DIXON sworn.

I went down to Stanstead to Hughes's house; Driskell was with us; we found there Hughes and his wife, and Geary's wife; I examined Geary's wife's pockets, and took out the money that is produced; that is all good money; there is among it a half-crown that is the pattern from which the metal was coined; I found two pair of flasks there, and a bag of sand below stairs in the oven; I found two bottles of aqua fortis, one white, the other of a bluish colour; that of a bluish colour has been used; I found seven crucibles, some pieces of metal, some weights and scales, files and shears, and a quantity of copper metal; we brought all these things to town; then we went with Driskell and M'Donald to Marybone; there we apprehended Catherine Reeves , Mary Evans , and Riley, in a house at the upper end of Titchfield-street; they were all in the same room; I found nothing upon their persons; but Mary Evans was endeavouring to hand this bad money to Driskell the evidence; he refusing to take it, it fell some on the bed and some on the floor; I took it up (the base metal produced); in Reeves's room we found two bottles of aqua fortis; the one had been used for colouring, the other had not.

Upon his Cross Examination he said, that all the things, but the two bottles of aqua fortis and the money, were found at Stanstead; that the aqua fortis was found in a sink of a kitchen in the house at Mary-le-bone; that Driskell had informed them that there were such things there, in consequence of which they searched; that it was an unfinished house; that there was no one in the house besides these people; that he was informed they got into that house without the landlord's knowledge.

CHARLES HUGHES sworn.

I live at Stanstead; Geary and his wife lodge at this time in my house.

CHARLES WHITE sworn.

I live in Titchfield-street, Marybone; I know the house in which the women prisoners were apprehended; I have seen the man prisoner and Riley go into the house; it is an unfinished house.

FLORENCE DRISKELL sworn.

I worked in the house of Mr. Buckingham; I know the prisoners; I lodged last summer at Hughes's; Geary and his wife lodged there likewise: Geary and I made use of the flasks for running metal into half crowns and shillings; they were not finished there, but brought to Marybone, to the house where Riley, his wife, and Catherine Reeves were; Mary Evans was in the same house; when they were brought there they were coloured, and rubbed with sand; the prisoner was in the room at the time this was done, and Geary was likewise there, who brought me there; they coloured them there with aqua fortis, then we rubbed them with sand, and washed them in water; Riley was not employed in this, but he worked in a room close by; in which room they were afterwards rubbed with sand; but I was not in the room when they were coloured; he gave his wife half a guinea, to buy fifteen of these shillings (the witness was shewn some of the half-crowns) there is the pattern half-crown from whence these counterfeit half-crowns were made, which was found in Geary's wife's pocket (looks at the shillings found at Marybone) these were

made from a pattern which is produced; Morris, Geary, and I coloured the money, Reeves and Evans were in the room.

DIXON, I found half a crown in Mrs. Geary's pocket; that is the pattern half-crown, the counterfeit ones were in Geary's pocket.

From GEARY to DRISKELL. Whether I had not received that bad money in change from you the day before I was apprehended? - No; I had not given Geary the bad money before he was apprehended.

JOHN CLARK sworn.

These flasks are used for casting metal; the aqua fortis one bottle has not been used; but the aqua fortis and water, which is of a bluish colour, has been used; when any metal is put into it, it forces the silver on the outside of the coin, and makes the aqua fortis of a blue colour; when the metal is brought out of the aqua fortis it is put into water, and then rubbed with sand, which makes it become fit to be passed.

Mr. ISAAC MENCELILL sworn.

I am one of the moniers at the Mint: (inspects the half-crowns) those are counterfeit half-crowns; (inspects the shillings found in Geary's pocket and at Marybone) they are counterfeit shillings.

Neither of the prisoners said any thing in their defence, except that the account given by Driskell, the accomplice, was different from the account of the matter which he had given before the justice.

GEARY GUILTY . Death .

THE OTHER THREE NOT GUILTY .

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

Reference Number: t17771015-13

634, 635. JOHN PLUNKETT and BENJAMIN JOHNSON were indicted for burglariously breaking and entering the dwelling-house of John Pierpoint on the 8th of August , about the hour of one in the night, and stealing eighteen pair of men's leather shoes, value 40 s. and eighteen pair of children's shoes, value 30 s. the property of the said John, in his dwelling-house .

BOTH NOT GUILTY .

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

Reference Number: t17771015-14

636. GEORGE JOHNSON was indicted for stealing a gelding, value 5 l. the property of Robert Jordan , Sept. 13th .

ROBERT JORDAN sworn.

I live at Finchley: I lost my horse on the 13th of September, from the sign of the Flower de Luce, which is a public house at Finchley ; I missed it in five minutes after I got off it.

Where is this house? - At Finchley: I got off at the door and went into the house; it was about seven in the evening.

- TELL sworn.

I keep the Flower de Luce: the prisoner sat down on a seat at the door; as soon as Mr. Jordan came into the house the prisoner asked how far it was to Highgate; I told him a mile; he asked how far it was to London; I said, about four miles and a half; I went for a bit of hay for the horse; when I returned it was gone; I got my horse out of the stable, and I pursued him over the common; I heard somebody striking a horse smartly; I came up to him, and stopped the prisoner on the horse; I brought him back; he attempted to get from me by pushing me into a ditch; but I held him fast; and brought him back; he said, four men put him on it; and then he said, the owner gave him leave to ride it.

Was he drunk? - I don't know that he was; he shamm'd drunk when he came back; before the justice he said, he was a horse-dealer, and came from Cumberland on Monday morning; he said, he was in liquor.

PROSECUTOR. It was my horse the witness brought back with the prisoner.

PRISONER's DEFENCE.

Four men set me on the horse, and I fell off on the other side, I was so much in liquor; I was very much stupefied: the man said I might ride it as far as Highgate.

GUILTY . Death .

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

Reference Number: t17771015-15

637. JAMES WHITNELL was indicted for burglariously breaking and entering the dwelling-house of Leakins Redford , on the 10th of June , about the hour of 12 in the night

and stealing 14 guineas, the property of the said Leakins, in his dwelling-house .

NOT GUILTY .

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

Reference Number: t17771015-16

638. JANE, the wife of STEPHEN HOWARD , was indicted for stealing a pair of linen sheets, value 18 s. nine cheque aprons, value 9 s. nine yards of camlet, value 9 s. the property of William Edley , Sept. 24th .

[The goods were found, some on the prisoner, and the rest at a house where she had left them; the prisoner, in her defence, said she had a large family and was in great distress.]

GUILTY . B .

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

Reference Number: t17771015-17

639, 640. ELIZABETH KIRKWOOD and MARGARET DOWSON were indicted for stealing a guinea in money numbered , the property of Edmund Crosland , Sept. 12th .

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

BOTH NOT GUILTY .

Reference Number: t17771015-18

641. SARAH ELLISON was indicted for stealing 13 guineas, a half guinea, and one shilling, in monies numbered, the property of John Dear , in the dwelling-house of the said John , August 13th .

JOHN DEAR sworn.

The prisoner was my servant ; she stole 13 guineas and a half out of a corner cupboard up two pair of stairs, part was in a box in the window; my wife, who was out at the time, had before that sent the prisoner up stairs for something; she gave her the key of the room, and the prisoner, instead of locking the door after her, left it open; the corner cupboard was opened with a key: I heard her rattling the keys a little before my wife came home; I asked my wife, when she came home, how she came to leave the door open; she said she had not left it open; that the maid had locked it, as she supposed; for she had brought her the key: I immediately searched, and missed the money; the prisoner went off as soon as she had done this. I was informed she had been seen with a man at Knightsbridge, walking as fast as she could; she was afterwards taken at the George in Church-street, Kensington. She lived servant with me nine weeks.

JOHN ORMOND sworn.

The prosecutor and I took the prisoner up at Kensington; she confessed she had robbed her master of 11 guineas and a half, and a new shilling.

Were any promises made her to induce her to make that confession? - None; she said she did it at the instigation of a man that had promised to marry her.

PRISONER's DEFENCE.

They promised me, if I would confess, they would not hurt me.

GUILTY. Death .

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

She was humbly recommended by the Jury to his Majesty's mercy .

Reference Number: t17771015-19

642. ANN BARTRAM was indicted for stealing 8 yards of printed callico, value 45 s. the property of Thomas Ham , in his dwelling-house , October 7th .

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

NOT GUILTY .

Reference Number: t17771015-20

643. JOSEPH BARTIER was indicted for stealing 16 ounces of white silk, value 38 s. the property of John Remington and Samuel Briggs , November 11th .

NOT GUILTY .

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

Reference Number: t17771015-21

644. JOHN SMITH alias SMITHWAITE was indicted for stealing 2 pair of thread stockings, value 10 s. the property of

Edward Lovibond , privately and secretly, in the shop of the said Edward , July 26th .

EDWARD LOVIBOND sworn.

I lost two pair of thread stockings out of my shop in July last; I did not see the prisoner till he was brought back to the shop with the stockings: the prisoner asked pardon for taking so great a liberty as taking a parcel out of the shop. I took him before a magistrate; the parcel was then opened, which appeared to contain these two pair of stockings, which had been sold to a gentleman.

JAMES KIRKPATRICK sworn.

The prisoner came into the shop, and asked to see some silk stockings; Mrs. Lovibond shewed him some; he asked if Mr. Lovibond was at home; she said, no; he said he would wait for his coming in: I was sent to look for my master; I did not like to go, as I suspected the prisoner; I soon returned; then I saw the prisoner making an attempt to put the parcel into his pocket; he saw me, and then he put them on the counter again; then he began fingering some hats, and then I saw him put that parcel into his pocket: as soon as he was gone out of the shop I told Mrs. Lovibond that he had taken the parcel; I pursued him: when I came up to him I said, you'll be so good as to leave that parcel behind you; he did not appear to hear me at first; I repeated it; then he took it out, and said there they are. Mrs. Lovibond came after him with two men, and desired he should be secured, which he was; he said he would go quietly; he was taken by a constable before the justice.

[The stockings were produced.]

Prosecutor. There is no particular mark on them, except being marked with four threads; but I had sold them to a gentleman, and had wrapped them up in that paper.

KIRKPATRICK. When he was going to be carried before the justice he had no money but 6 d. in his pocket and a few halfpence.

PRISONER's DEFENCE.

Prisoner. Yes, very possibly, I could not pay the coach with a 10 l. or a 20 l. note.

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

GUILTY. Death .

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

He was humbly recommended by the Jury to his Majesty's mercy .

Reference Number: t17771015-22

645, 646, 647, 648, 649. GEORGE EDWARD DITCHER , WILLIAM FOSTER , SIMON CLARK , THOMAS EGG , and PATRICK MALLOY otherwise MILES , were indicted for stealing 20 gold rings, value 4 l. six gold rings set with brilliant diamonds, value 60 l. 10 gold rings set with paste and pearl, value 40 s. and a pair of gold enamelled shoe-buckles, value 20 s. the property of Robert Willerton and Rice Roberts , October 1st .

THOMAS SKULL sworn.

I am servant to Mess. Robert Willerton and Rice Roberts , in New Bond-street ; they are jewellers and toymen : on Wednesday the 1st of October I had information given me by a little boy, that the shop-window had been robbed by some chimney-sweepers boys : I observed a small aperture that had been made in the show-glass; I then missed six brilliant hoop rings; I did not stay to make a further examination then, but proceeded to pursue three of the prisoners; it was about three in the afternoon; I overtook those three prisoners in Burlington-street; when I went out they were not then in the street, but the boy who told me they had been at the windows said they had turned up Clifford-street. I first saw them in Corke-street; I followed them into Burlington-street, where I took three of them; I saw only three; I brought them back to the house: I charged them with the theft, they all denied it; but upon separating them Foster confessed that he had then a brilliant hoop-ring and the garnet hoop-ring in his pocket; he delivered them to me; another of them, I believe Ditcher, told me he had dropped ten plain gold rings in Burlington-street; he took me to the spot where they lay, and I recovered them. Upon further examining the window I found there was a greater quantity of plain gold rings and some paste rings lost; Ditcher acknowledged having sold a parcel of them; he said he had sold a ring to Mr. Rapley; then I took them, namely, Ditcher, Foster, and Clark, to Sir John Fielding's office.

Did you see any of these boys about the window? - I had driven two boys that were chimney-sweepers from the window in the morning; but I am not sure that they were these boys: Patrick Miles or Malloy, as he calls himself now, was apprehended the Saturday following, and three brilliant diamond hoop-rings were found upon him; they were stolen on the preceding Wednesday; the biggest of the boys also sold a ring to Mr. Salmon. [The rings found upon the prisoners were produced in Court, and deposed to by the witness.] The brilliant ring had a private mark on it, the other ring and the ten found in Burlington-street have no particular mark; I believe them to be my master's. Ditcher said that Clark drew them from the window, through this hole, with a small black wire; they were all in the same story; they all acknowledged having part of the articles drawn from the window, and that Clark was the person that drew them thence. I promised Ditcher that, if he would confess the whole, I would endeavour to be his friend.

GEORGE PLATT sworn.

I was 16 years old last May; I am a shoemaker; I saw Simon Clark last Wednesday was a week, at about three in the afternoon, along with Foster at the window; Ditcher was at the corner of Clifford-street: I saw Clark put a wire into a hole of a pane of glass in the window; saw him getting the things out: I told a gentleman at a door, and he told Mr. Skull, who pursued them; I went along with him into Burlington-street; I am sure they are the same boys that were at the window; I did not think they had taken any thing out; I saw the wire in the hole: if I had known they had taken any thing out, I could have taken two of them.

ROBERT SALMON sworn.

On Thursday the 2d of October, Egg brought this ring to my shop in St. Martin's church-yard; I looked at the ring, seeing it a paste ring scratched, I told him it was of no more value than the gold, which generally ran at about a shilling or two. I first looked at it, and said I did not chuse to buy it; but however nobody would give him more than that; he turned out of the door, but came back directly and said, I am in distress, I beg you will buy it of me; because I am a poor man you may think I stole it, I will tell you my name and where I live; I said I did not think he had stole it; I gave him 2 s. for it. The next day I heard he had received it of one of these boys. Sir John Fielding sent somebody with him to my shop; he asked me if I did not buy a ring of him on the yesterday; I said, yes; he said he had it of some boys that had broke open a shop. I went down with it to Sir John Fielding .

[The ring was produced in Court.]

SKULL. I believe that to be part of the property that was stole; there were such rings in the window.

RICHARD BARNETT sworn.

I live in Little Compton-street, St. Anne's; on Saturday was a week a publican, that lives over-right this prisoner, came to me, and acquainted me that there were some sweeps that had some brilliant rings, which they had stole in Bond-street: I pursued them, and took the prisoner Miles; he called himself then Patrick Malloy; I asked him what he had got of the things he had stole; he had these three diamond rings upon him: he told the magistrates openly, that they were part of what he had stole out of the window, and that he had been at Rochester and Chatham to hide himself; he owned he was along with them, and received them from him that took them.

[The rings were produced in Court.]

SKULL. These hoop-rings usually have a private mark on them; two of these rings have the private mark upon them, by which I can swear to them; the mark of the other is scratched out.

JOHN EGLESTONE sworn.

I saw James Malloy come home; I heard that he had some part of the property; I went with the constable, we took him, and found these three rings upon him.

CHARLES RAPLEY sworn.

I live in St. Martin's-court, Leicester-fields; I bought a gold clasp of the lad, who, I understood, was called Patrick Mills at Justice Welch's office; he came to my shop on Wednesday the 1st of October, there was another with him; I know nothing of the other; he had it in a paper all over dirt; he asked me if it was gold; there is no hall-mark, as is usual upon things of this sort, so I had it tried: he asked me if I would buy it; I asked

him where he got it; he said he found it, I think, in St. Alban's or Albermarle Street, about six in the morning; it weighed 4 penny-weights; I gave him 12 s. which is the usual price, 3 l. an ounce for gold unmarked; I asked him several times with respect to his finding it, which he declared he did.

SKULL. This is a peculiar pattern made to my own order; I can swear to this.

JOSEPH FISHER sworn.

A boy came into my shop in Leicester-fields, and brought a hoop-ring, I believe Ditcher is that person, on Wednesday the first of October, some time in the afternoon, I suppose about three or four o'clock; I find since he had defaced it before he brought it, it is a ring set with pearls; several of the stones are out; my man wiped it, and gave it into my hand; I asked him how he came by it; he said he had found it; I said, Are you sure you have not taken it out of any house where you have been to sweep chimnies? he said, he would assure me he had just taken it out of the kennel: I told him that if I could be assured he was an honest boy, I would buy it of him; I gave two shillings for it, which, I believe, is more than I could make of it if I was to sell it again (it was produced in court).

SKULL. This is so very much defaced, that I cannot possibly swear to it.

COURT. What time did you pursue these boys? - About three in the afternoon, and took them immediately.

COURT. Then Mr. Fisher you must be mistaken in saying it was between three and four; it must have been before they were taken up? - I cannot be positive to the hour; I think it was just after dinner.

To PLATT. How many boys were there? - Three; I observed them about five minutes; I was coming cross from Grosvenor-street; it rained very hard; I wondered what they stood there for in the rain; nobody could perceive what they were about, unless they looked over their heads; I stood tiptoe, and looked over their heads; it was about three o'clock.

DITCHER's DEFENCE.

I am eleven years old; I have been a chimney-sweeper about three years; Mr. Vandecum is my master.

FOSTER's DEFENCE.

I am between nine and ten years old; I have been a chimney-sweeper six years and two months; Mr. Vandecum is my master.

CLARK's DEFENCE.

I am going of ten years old; I have been a chimney-sweeper about four years and an half; I have the same master.

EGG's DEFENCE.

I was drinking in an alehouse from ten in the morning till two in the afternoon; Clark brought me the ring, and said he found it; I asked him where, he made no answer; he said, if I would sell it for him, he would give me something; I was much in liquor, and did sell it for him in the afternoon.

Egg called two witnesses, who said he was a chimney-sweeper, and gave him a good character.

MALLOY's DEFENCE.

I was going along, and saw three rings by the window-shutters; I took them up, as any body else might.

FOR THE PRISONER.

JOSEPH VANDECUM sworn.

I am a chimney-sweeper.

How many of these boys have you? - Seven or eight, or more, I don't know how many; I have been in the country; my daughter has had the conduct of my business: I never knew any thing dishonest of them before this; they work from three, four, or five in the morning, and are generally done about one, then they go out to play in the fields, or about the door; they do what they will after two o'clock.

COURT. You that are trusted with the breeding up seven or eight boys in your business, don't you think it is rather incumbent upon you to take a little care of their morals, to take care they are out of harm's way, that they don't run about the streets and get thieving? - They have always the afternoon to play in.

COURT. That is the reason that nine out of ten of them are thieves; that is a great grievance that has long called for redress; it

is a shameful thing that these boys at this age are left without the eye of any master to take care of them; and this is the consequence they are now brought here to answer for being thieves; it is a scandalous thing in the master, he is as criminal as the boys, they are generally kept starving, and left at their own will to do whatever they please? - There is no such thing as starving in our business.

DITCHER, FOSTER, CLARK, and MILES, ALL FOUR GUILTY . W .

EGG NOT GUILTY .

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

Reference Number: t17771015-23

650. THOMAS SMART was a third time indicted for that he in the king's highway upon James Brown did make an assault, putting him in corporal fear and danger of his life, and stealing from his person half a guinea in money numbered, the property of the said James , September 18th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

THOMAS SMART was a fourth time indicted for that he in the king's highway in and upon Thomas Kirwan did make an assault, putting him in corporal fear and danger of his life, and stealing from his person and against his will, a gold watch, value 15 l. two cornelian seals set in gold, value 4 l. a steal watch chain, value 2 s. a red Morocco pocket-book, value 8 s. and 4 s. in money numbered, the property of the said Thomas , September 18th .

There was no evidence given on this indictment.

NOT GUILTY .

Reference Number: t17771015-24

651, 652, 653. JOHN HOLT otherwise JONES, otherwise MORRIS , CHARLES LEES , and BENJAMIN LEES , were indicted for stealing 19 guineas, the property of Joseph Tunks , in his dwelling-house , September 29th .

ALL THREE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-25

654. FRANCES HAMILTON was indicted for stealing a silk purse, value 1 d. half a guinea, a dollar, two half-crowns, and 5 s. 3 d. in money numbered, the property of Thomas Blackmore , privily and secretly from the person of the said Thomas , October 13th .

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

NOT GUILTY .

Reference Number: t17771015-26

655. ELIZABETH HART was indicted for stealing a silver thimble, value 6 d. one wooden seal tipped with silver, value 6 d. a wooden whistle tipped with silver, value 6 d. a gold ring set with diamonds, value 21 s. another gold ring set with garnets, value 5 s. a pin-cushion, value 1 d. a steel instrument-case, value 1 d. a pair of steel scissars, value 2 d. a steel rule, value 2 d. a silver rule, value 6 d. and two guineas, the property of Francis Thompson , in his dwelling-house , Sept. 3d .

FRANCIS THOMPSON , sworn.

The prisoner was my servant ; I live in St. John's-lane ; I lost the things mentioned in the the indictment (repeating them); they were in a little trunk in my wife's care; I never saw the trunk till it was taken out of the prisoner's box; she had left my service three weeks.

[The things were produced in Court, and deposed to by the prosecutor and his wife.]

SARAH JOHNSON sworn.

I bought a silver thimble of the prisoner about six weeks ago.

[It was produced, and deposed to by Mrs. Thompson.]

JOHN DINMORE sworn.

On the 26th of September I had a search warrant, and went to search the lodgings of the prisoner; she was in the kitchen; I told her, I wanted to search her box; she went up stairs with me; I found the two rings in her pocket, and the rest of the things up stairs in her box; she confessed in the gaol, that she took them from her master.

PRISONER's DEFENCE.

I know nothing about these things; I am innocent of it; girls used to frequent the house as well as me; I left my box a week there after I came away; I asked my mistress to look in my box; she would not; she said, she had no suspicion of my robbing her; I found the things in my box; I don't know how they came there.

GUILTY of stealing the goods; but NOT GUILTY of stealing them in the dwelling-house .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Judgment respited. See summary]

Reference Number: t17771015-27

656. CHARLES WOOLLETT was indicted for stealing three china tea cups, value 6 d. two saucers, value 4 d. a china bason, value 6 d. and a stone bason, value 1 d. the property of Thomas Vaughan , Sept. 25th .

NOT GUILTY .

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

CHARLES WOOLLETT was a second time indicted for stealing a white fringed quilted

callico petticoat, value 10 s. and a dimity petticoat, value 4 s. the property of James Attwood , Sept. 25th.

JAMES ATTWOOD sworn.

On the 25th of September I lost two petticoats off a line in my yard; my wife can give an account of it.

HENRY ROWE sworn.

I am one of the patrol; on the 25th of September, about a quarter after two, I stopp'd the prisoner, and found a petticoat upon him; the other was taken on a man that made his escape.

ALICE ATTWOOD sworn.

I put them out on the 24th of September; I missed them in the morning.

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

WILLIAM WOODWARD sworn.

I met the prisoner in Leather-lane about 2 o'clock in the morning on the 25th of Sept. I thought, as he passed by, I heard something rattle in his pockets like china; I seized him, and asked him where he was going with the things; he said he was going home; upon which my brother patrol came up, and took this petticoat from under his arm.

The prisoner did not say any thing in his defence.

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17771015-28

657. WILLIAM WATSON and ANN ROGERS were indicted for stealing 9 live ducks, value 10 s. the property of George Weatherly , Sept. 23d .

GEORGE WEATHERLY sworn.

I live at Rosegate , 3 miles from Uxbridge; I am a farmer ; I lost the ducks out of my yard; I saw them on the 23d September at night; a man called my servant up about 4 in the morning, and saw 18 ducks killed, lying on some grass about 20 yards from my house.

RALPH WEATHERLY sworn.

I am brother to the last witness; John Godleman called me up; we went and found 18 ducks lying dead; 9 of them were my brother's.

JOHN GODLEMAN sworn.

I was going to work; I saw the prisoners under a hedge putting a sack over some ducks; I called Weatherly up, and we went and found the ducks and the sack (the sack was produc'd) we went after the prisoners and took them; we found a knife upon the man, that had blood and feathers upon it; he had a plough paddle in his hand (The knife was produced in Court); when I first saw the prisoners, the man was stooping down just by the sack; I thought he was going to put them into the sack; the woman was by him; we found them in the sack.

The prisoners in their defence denied the charge, but did not call any evidence.

BOTH GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-29

658. THOMAS MALT was indicted for stealing 50 lb. weight of lead, value 9 s. the property of John White , the said lead being affixed to a stable the property of the said John , September 27th .

JOHN WHITE sworn.

I am a builder in High-street, Marybone; I lost some lead on the 28th of Sept. from the stable of an uninhabited house of mine; my foreman took the prisoner with the lead; I was called up; I went and saw the lead; it was wet, and there were green weeds about the prisoner's hand and arm; there was a standing water just by; we went to it, found it had been disturbed, and there we found a quantity more; we took the lead and compared it with some that it was cut off, and it matched; it was a pipe that came from the top of the stable.

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

CHARLES WEAVER sworn.

I am servant to Mr. White; I missed this lead on the Saturday night, and on the Monday morning when I went and opened the door of the house, which was in Harley-street , for the men to go to work, I saw the prisoner coming over the field with some lead in a bag under his arm; I spoke to him; he gave me

no answer; I went up to him and clapp'd my hand on the bundle under his arm, and thought it was lead; I then collared him, and asked him what he had there? he said he did not know; I said he was the man I was looking for, and I secured him; in the water we found about a 100 wt. of lead.

PRISONER's DEFENCE.

I lay at St. Alban's the night they say this was done; I came to town on the Monday morning, and found this as I came across the field.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-30

659. MARY KELLY was indicted for stealing half a guinea and 9 s. in monies numbered , the property of James Archer , September 21st .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-31

660. THOMAS WAYLAN was indicted for stealing a silver watch, value 40 s. a steel watch chain, value 6 d. a steel watch key, value 1 d. and a steel watch hook, value 1 d. the property of James Archer , Sept. 21st .

JAMES ARCHER sworn.

I am a journeyman carpenter ; my partner took me to a house in Nightingale-lane ; I staid there till past 11 o'clock, and as I was going home to my lodging, between 11 and 12, the prisoner met me and asked me what time of night it was; I took out my watch and said, it wanted 20 minutes of 12; he shoved me about in the street, and immediately after he was gone I missed my watch; I found him and my watch too the next day; Ned Wade took him, and found the watch upon him.

EDMUND WADE sworn.

Randall the officer took the prisoner, and I searched him and found the watch under his armpit.

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

WILLIAM RANDALL sworn.

On the 22d of September the prosecutor told me he had been robbed of his watch in the street by a man, whom he described to me; I went to the Golden Anchor, and saw the prisoner at breakfast there; I said to him, I have something to say to you; do you know any thing of a robbery last night? he said, yes, and if I would let him go for half an hour, he would bring the man that stole the watch; I told him I would not; I took him to the round-house, and the last witness searched him and found the watch upon him.

PRISONER's DEFENCE.

I found the watch lying on the ground; the prosecutor was standing with a woman under a gateway; I asked him if he had lost any thing; he said, no; so I thought it was not his; I took it up and put it into my pocket; I went about, half drunk as I was, and said to one and another, that I had found a watch, and the neighbours buzzed it about that Waylan had found a watch; the thief-taker got hold of the word, and put it in the man's head to make a property of me; when they took me I knew they would take the watch from me, right or wrong, so I took it out of my fob, and put it under my arm.

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17771015-32

661. ELIZABETH SMITH and JANE CARTER were indicted for stealing 15 s in monies numbered , the property of William Read , October 6th .

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-33

662. DAVID JONES was indicted for stealing a cloth coat, value 5 s. the property of Henry Hunt , Sept. 29th .

HENRY HUNT sworn.

The coat mentioned in the indictment was taken out of the parlour as we were at breakfast the 29th of September.

MARY HUNT sworn.

I saw the prisoner take the coat and go out; I followed him, and called Stop thief; the coat was dropped, and he was taken in about twenty minutes and brought back; I am sure the prisoner is the man; I saw him take the coat out of the parlour.

WILLIAM HAYES sworn.

I was in a field behind my house; I heard the cry of Stop thief, and saw the prisoner with something under his arm; he dropped the coat; I took it up, and pursued him and took him.

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

PRISONER's DEFENCE.

I did not see the man, nor the coat, nor none of them.

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

GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-34

663. ELIZABETH CARLTON was indicted for stealing a silver tea-spoon, value 1 s. a pair of women's callimanco shoes, value 10 d. and a flat iron, value 3 d. the property of William Brown , June 7th .

ANN BROWN sworn.

I am the wife of William Brown : on the 7th of June the prisoner came to my house and wanted two young carrots; I keep a green-shop; she said, she was cook in a gentleman's house: carrots being dear I had not any, so I went out to get them for her; I returned with them, and after she was gone I missed the things mentioned in the indictment; I found them all afterwards at a pawnbroker's, except the flat iron.

[The things were produced by Thomas Cotterel , a pawnbroker, who deposed he received them of the prisoner, and they were deposed to by the prosecutor.]

PRISONER's DEFENCE.

She told me, if I produced the things I should be acquitted; I never was guilty of any thing of the kind before in my life.

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

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-35

664. JOHN BRIERTON was indicted for stealing a stuff petticoat, value 5 s. a fustian pocket, value 1 d. and 10 s. in monies numbered , the property of George Bourne , Sept. 20th .

NOT GUILTY .

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

Reference Number: t17771015-36

665, 666. JOHN M'CALLY and SARAH ATKINS were indicted for stealing a pair of men's leather shoes, value 1 s. five guineas, one crown piece, the property of Thomas Bridge, and a Bank note for ten pounds, the property of the said Thomas , the same being due and unsatisfied, August the 8th .

THOMAS BRIDGES sworn.

I keep the Shakespeare's Head, a public house at Pimlico : the two prisoners were my servant s; I went out on the 8th of August; my wife was in labour; I suppose then they took the opportunity to rob me; on the Sunday following I missed a box out of my fob-pocket, which was in the room next to the room where my wife lay in; that box contained a ten-pound Bank note, five guineas, and a crown piece; I asked the prisoners concerning it; they denied any thing of the matter; about a week afterwards I discharged John M'Cally from my service; he came a night after, when I was not at home, and took away the girl with him; she went away without my knowing any thing of the matter; I had some information, which occasioned my taking up the girl; she then told me, she had not taken the money, but the other prisoner had taken it; then I took up M'Cally; he having for some time denied it, I told him, that what the girl had said would hang him, and he had

better speak the truth and prevent further trouble; then he said, that he had taken the money, and made away with it; that he had given the ten-pound note to a girl of the town to change, and she had given him but three guineas of it, and he had thrown the box into the road: I found a pair of my shoes upon him when I took him up.

WILLIAM EDWARDS sworn.

The prisoner was in my service when he was taken up; I saw the shoes that were found upon him; the boy was advised to confess, he was promised all the lenity the law would shew him; the prisoner then said, he had taken the money and given the Bank note to his mother; he afterwards said, he had given it to a girl of the town; that he had given the other prisoner a crown piece and a guinea, and spent the rest of the money.

M'CALLY's DEFENCE.

I never saw the note, nor a farthing of the money; my master said, some of the sawyers he paid took the note out of his pocket; he turned me out; I went home to my mother, and in two or three days I went to Knights-bridge: they held their sticks over me, and I did not know what they said.

ATKINS was not put on her defence.

M'CALLY called his mother, who said, when he came home he had not money to buy a pair of shoes; that he went to his master's and came back with a pair of shoes, which he said his master had given him; the prosecutor denied giving them to him.

M'CALLY GUILTY of stealing the shoes to the value of ten-pence . W .

ATKINS NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Baron EYRE

Reference Number: t17771015-37

667, 668. ELIZABETH COCK and DINAH ELLIS were indicted for stealing a piece of printed cotton cloth, containing seven yards, value 19 s. the property of Daniel Adams , Sept. 26th .

DANIEL ADAMS sworn.

I am a linen-draper : I lost seven yards of printed cotton cloth; I think it was on the 26th of September; I was not at home at the time.

CHARLES WINCOPE sworn.

I am a linen-draper; I was servant to Mr. Adams: on the 26th of September the prisoners and another girl came into the shop and asked to look at some cotton, to make a bed-gown; I shewed them several pieces; I had laid this piece on the counter myself just before they came in; I shewed them a great many pieces, and none of them would do; they said, they would call again, and went out of the shop; a little girl came in, and asked, if the three women that went out had bought any thing, for she said she saw them put something in their apron; when they went out I went after them, and took the two prisoners, and I found the cotton upon Dinah Ellis ; she was got three quarters of a mile when I took them; they had been out about five minutes before I went after them; I can swear this is the piece I laid on the counter.

JAMES BARKER sworn.

I am a constable: this cloth was delivered to me by Mr. Adams.

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

COCK's DEFENCE.

I was not in the shop at all.

ELLIS's DEFENCE.

The man stopped me; there was another young woman going along, and he took the cotton from out of that woman's lap, and then he let her go and took us.

To WINCOPE. Are you sure the prisoners were in the shop? - Yes.

Are you positive you took the cotton from Ellis? - Yes.

COCK NOT GUILTY .

ELLIS GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-38

669, 670. MARY JONES and HANNAH STUBBS were indicted for stealing a piece of printed linen cloth containing 18 yards, value 40 s. the property of Thomas York , Oct. 7th ,

ROBERT CONWAY sworn.

I am a servant to Mr. York: the prisoners came to our shop and cheapened some goods;

they asked me to shew them some printed linens, which I did; I shewed them some bordering; they bid me a great deal less than it cost: when they were gone I suspected they had taken something, and went after them; they stood talking at the door; Stubbs had put her hand through her pocket, as if she had something under her petticoats; they then ran away; I followed them as far as Cock-court; I desired them to come back, and told them, I could let them have the goods they cheapened; as they were going back the little one dropped the linen; a person took it up and seized hold of her, and we brought them back; she offered any thing to make it up.

WILLIAM ROPER sworn.

I am a silk mercer: I followed the prisoners with Mr. York to Cock-court; as they were coming back with Mr. York I saw the linen drop from under the petticoat of the little woman (Stubbs); I immediately seized her, and brought her to Mr. York's, the other followed her; I delivered the cloth to the constable.

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

JONES's DEFENCE.

I know nothing at all of it.

STUBBS's DEFENCE.

I am as innocent as the child unborn.

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

JONES NOT GUILTY .

STUBBS GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-39

671, 672. WILLIAM FRY and JOHN PRICE were indicted for stealing nine pair of linen sheets, value 40 s. the property of our lord the king , Oct. 10th .

RICHARD STONE sworn.

I am a hackney coachman: I was called off the stand on Tower-hill by Price, to take up a fare about nine o'clock at night; the Tower-gates were opened; I drove in; I met Fry with a sack; Price took hold of the bottom; they put it into the coach; Fry got in, and I drove to Turnmill-street; Clerkenwell, facing the Three Tuns; Fry got out, and said he would return soon; he did not return in less than half an hour; when he came he took out the sack, and carried it into a house almost facing the Three Tuns; Redgrave, a constable, followed him in, and asked, what have you got here; he said, nothing belonging to you; Redgrave followed him in; we went after him; Redgrave called for a light; one was brought; he then said, these things were stole; he put the man and things into the coach, and ordered me to drive to New Prison; Redgrave left the men in prison, and took the things to the watch-house; I gave my name to the constable, that he might know where to call for me if he had occasion for my testimony.

JOHN REDGRAVE sworn.

On Friday night, between 11 and 12, I saw a hackney coach stand at a house which was notorious for receiving stolen goods; I had a suspicion of the prisoners; Fry came out and opened the coach-door, and took out a sack with the sheeting in it; I asked what he had got; he said, what is that to you; I laid hold of the man and of the sack; the woman of the house took the candle away, and carried it into the back parlour; she put out the lights that were in the parlour; I asked Fry how he came by the things; he said, his wife, who worked for the people in the Tower, ordered him to pawn these things; this increased my suspicion: I put Fry and the sack into the coach; I searched Fry, and found this picklock key in his pocket (producing it); on Monday morning I went to the Tower to inquire into the matter; I tried the warehouse door with the key and that key unlocked it (the sheets were produced in Court).

Mr. JOHN JONES sworn.

I am barrack-master, and have the care of the bedding and sheets; on Saturday last I went to try the barrack, and found it open; I suspected something was lost, and had the sheets counted, and missed 23 pair. On Monday the constable came, and asked if we had been robbed; I told him we had; he said he had stopped a soldier who was in custody: I went to the justice's, Fry was sent for, the sheets were produced; they are the same that are now produced, they are his majesty's property;

Fry owned he had been in the warehouse on the Monday before with a soldier of the first regiment, and said that the soldier had taken away two bundles of sheets; Fry was then upon guard, and so could not attend his accomplice out of the Tower, but he attended him to the gate, with the sheets in a sack; he said he had sold them, but would not confess for what money; he owned he had got in by means of that key. I was present at the examination of Price; he said he was called upon by Fry to assist him; that he went with him near the store-room, and held the sack while Fry put in the two bundles of sheets, and afterwards carried a bundle part of the way to the mint, where he employed him to call a coach; that he brought the coach into the Tower, and ordered the coachman to drive up to the mint; that he met Fry with the bag containing the linen; that he put the bag into the coach, and told the coachman he had no occasion to get off the box; that Fry got into the coach, and he returned to the barracks.

[The lock of the storehouse-door was produced, and the key of that lock, and the picklock-key which was found upon Fry.]

FRY's DEFENCE.

I was at St. Alban's.

PRICE's DEFENCE.

I met this man on Monday night; he said he had a portering job for me; I went with him; he put these things upon my back, I carried them some part of the way; he bid me call a coach, I did, and he got into it.

FRY. Price did not know what it was; he is quite innocent of the affair.

FRY GUILTY .

PRICE NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17771015-40

673. THOMAS ANTIBUS was indicted for stealing two heifers, value 13 l. the property of John Skillman , Sept. 26th .

JOHN SKILLMAN sworn.

I am a farmer at Hendon ; I lost two heifers on Friday the 26th of September; I missed them in the morning, they were marked in the near horn: I went in pursuit of them on Saturday, but got very little intelligence; I went to Smithfield on the 29th, and enquired amongst the salesmen, and one Brown informed me that he saw a man who looked like a farmer's servant, with two black heifers, which he had sold to one Mr. Kemister, a butcher in Fleet-market; I went to Mr. Kemister, and asked him if he had bought two heifers; he said he had, that they had both been killed, and the hides were sent to Leadenhall: I went to Leadenhall to Mr. Groome, who directed me to Mr. Dowsdall, to whom the hides were sold. I did not know the skins, but I knew the horns, they had J S marked on them, the S was reversed - they were two black Welch heifers, two years old or better. I found one horn of each beast with the mark upon it; Mr. Kemister had put a mark on them, which was a K and a cross on the nose. I can swear to the horns; it is a burnt mark.

[They were produced in Court, and the marking iron with which the mark was made, which exactly corresponded.]

THOMAS KEMISTER sworn.

I am a butcher in Fleet-market; I bought two little black heifers on the 26th of September of the prisoner, at about seven in the morning in Smithfield; I asked him whose they were, he said his own; I asked the price, he said 10 guineas; I told him that was too much, he said I should have them for 10 pounds: some others coming up I said, I believe I must have them, and immediately put a K and three clips on the rump, and another on the aitch-bone. When I killed them I put a K and a cross on the nose; I sent the hides to Mr. Martin, who has sold hides for me many years; he sells hides for butchers.

Did you sell any other hides of heifers besides those that day? - No.

COURT. You know nothing of the prisoner I suppose? - Nothing at all.

Was he dressed as he is now? - As he is now; I never saw him before: I am certain he is the man. I told him at the market I could not pay him there; I took him to my house and paid him; just as he was going from the door I thought he looked frighted; upon which I said, what is your name; he said Thomas Antibus ; I set it down directly; when Mr. Skillman came I told him the name, or I believe he would not have found out the man.

ROBERT GROOME sworn.

I execute the business of hide-factor for my father Mr. William Martin ; I received two black heifer hides from Mr. Kemister; I believe it was on Friday the 26th; I sold them to Mr. Dowsdall, with 16 or 18 others; we lot them, and sell them at an average price. I took no notice of any marks but those on the nose.

BENJAMIN DOWSDALL sworn.

I am a tanner; I bought these hides of the last witness: I observed a K on the nose, and something else; the horns were on when they came to my house, but were off before Mr. Skillman came, and thrown among the heap; but I knew the hides; the horns were off when he came, because they were fresh taken off; they came from the black hides; there is some of the hair left on the horns now.

WILLIAM JONES sworn.

I am a farmer, and am neighbour to Mr. Skillman; I was present when the prisoner was taken; he said he was not guilty when we first took him, but confessed afterwards he took two heifers; Mr. Skillman has lost three; he said if I would let him go he would give me five guineas which he had in his pocket, and a note for the rest of the money; I told him I could not let him go if he would give me 50: he has lived at Hendon all his life in the farming business; he was a man we little suspected; I believe we should never have found him out, if he had not left his name.

PRISONER's DEFENCE.

It is a sad thing I should suffer, and have not the money; I delivered it up in the man's hands; I was quite crazy almost when I did it: I had just been to be married.

To JONES. Could you learn any reason of his doing it? - Nothing; but he had just married, and wanted houshold-goods, and so was tempted to commit this fact.

GUILTY. Death .

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

He was humbly recommended by the Jury to his Majesty's mercy .

Reference Number: t17771015-41

674, 675. MARY MOLLOY and ANN DEMPSEY were indicted for stealing a guinea and half a guinea, in monies numbered , the property of John West , Oct. 11th .

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

BOTH NOT GUILTY .

Reference Number: t17771015-42

676, 677. JOHN EAKINS and ANN BRADBURY were indicted for stealing a guinea, a half-guinea, and six shillings, in monies numbered, the property of William Brown , privily from his person , Oct. 7th .

BOTH NOT GUILTY .

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

Reference Number: t17771015-43

678. SARAH PACKER was indicted for stealing a canvas-bag, value 1 d. 1 guinea, 10 half-guineas, and 48 half-pence, the property of John Clarke , in his dwelling-house , Sept. 20th .

NOT GUILTY .

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

Reference Number: t17771015-44

679. LAMBERT SMITH was indicted for feloniously breaking and entering the dwelling-house of Thomas Turner on the 26th of September , about the hour of two in the afternoon (no person being therein) and stealing 14 guineas, 3 crown-pieces, 2 half-crowns, 3 silver tea-spoons, value 3 s. the property of the said Thomas, in his dwelling-house .

ABRAHAM ROOME sworn.

I am a constable, and live at Edmonton; I was sent for to take charge of the prisoner on suspicion of his having stole some things out of the house of Mr. Turner; John Quin searched him, and found 13 picklock-keys and 3 crown-pieces upon him, which he delivered to me; I found a watch, a crown-piece, and 3 s. 6 d. upon him, the 3 s. 6 d. was delivered to him again.

ELIZABETH TURNER sworn.

I am the wife of Thomas Turner , who is a day-labouring man ; he is partly past his labour; I lost 14 guineas, 13 crown-pieces, two half-crowns, and six pieces of old silver out of my house; I kept it in the till of a chest; I saw the gold in the chest two days before; I missed it on Friday the 26th of September: I went out about twelve o'clock; I left no one in the house; I locked the door, and put the key into my pocket; when I returned, which was before two, I found the door open; I went up stairs, and found the rooms open, the till broke open, and my money gone; I missed three tea spoons besides the money out of the drawer; there were no marks of violence on the door; I believe it was opened by a picklock key.

WILLIAM HIGGINS sworn.

I am a carpenter: upon an information of the prosecutor's house having been broke open, and the prisoner being the person that had done it, I took him up.

JOHN QUIN .

I am a labourer: I took 13 keys, three crown-pieces, and a ring out of the prisoner's pocket, and delivered them to the constable when I delivered up the prisoner.

ROOME. I received them from the last witness; they have been in my custody ever since (the things were produced in Court).

Mrs. TURNER. There is one of the crown-pieces I know by its being smooth on the head, and another that has a dent under the chin; I cannot swear to the rest; the ring nor the watch don't belong to me.

ROOME. I was going to search him, and he gave me five guineas out of his pocket.

PROSECUTRIX. There is one of the guineas I know, because I scrupled it; I could pick it out from a hundred, but I will not swear to it.

COURT. Can you by such marks as these swear to the crown-pieces? - One I could; that which is so plain on the head.

PRISONER's DEFENCE.

I was going to Waltham-Abbey; I missed my way, and went over Edmonton Marshes, there I found the keys; the crown-pieces, and the guineas, were my own property.

GUILTY of stealing the things, but not of breaking and entering the house .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17771015-45

680. JOHN ALLEN was indicted for stealing 21 guineas and two half-guineas in monies numbered, the property of Martin Howkins , in his dwelling-house , September 28th .

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-46

681. THOMAS TILLIN was indicted for stealing a gelding, value 20 l. the property of Rivers Dickinson , July 29th .

JOHN DICKINSON sworn.

I am the son of Rivers Dickinson , who is a a brewer in Red Lion street : the gelding was missed on the 31st of July, or the 1st of August; it was a black gelding, five years old; our servant found it at Canterbury.

THOMAS SIMPSON sworn.

I am a shop-keeper at Canterbury: on Friday the 22d of August I met the prisoner with a man that lives at Canterbury, that I knew very well, he called me by my name, and asked me if I wanted to buy a strong cart-horse; I told him I did not; he said, his friend had one that he would be glad to sell on reasonable terms; I told him that the next day was the public market at Canterbury, and he might sell it there; he asked me then to recommend somebody to him to buy it; the prisoner said, he was under a necessity of selling his horse to save his houshold goods, and that he was going into Kent to join with a man in driving a diligence; I told him if I could be of any service to him in selling it at the public market I would; he said, his horse was seven or eight miles off, and he could not recollect the man's name where it was, but described him to me; he said, he wished to have it nearer the market, but could not get it, because there was an incumbrance of 10 s. upon it for keeping; and that if I would

advance the 10 s. I should have the horse to sell and pay myself; upon this I went back with him to the Star, and wrote a note to the person where the horse was, who, I understood by the prisoner's description, was a Mr. Campher, that if he would let the prisoner and the other man have the horse, and call upon me, I would pay him the 10 s. he sent the note back, and said, he would not let him have it without I sent him the money; I sent a porter with the 10 s. and the horse was brought to the Star; I saw the horse there, and desired the publican to l et nobody have it till I came for it myself: on Saturday I saw one Robert Flanders , a horse-dealer, and another man, and told them of it; I called on the prisoner on Sunday morning, and asked him to go with me to sell it, the price he set on it was 17 guineas; going up the town I met Flanders, the prisoner said, he did not want to see him; I told him there was another man would buy it; we agreed to go to the Saracen's Head; and I went to the Star, and sent for Mr. Plummer to see it; he came and saw it; I asked him 17 guineas for it; he asked where the man that owned it was; I told him at the Saracen's Head; he went with me; I told him the prisoner was the man; he asked him the price; he said 14 guineas, and he would take no less; he offered him twelve, and put the harness on the horse, and went out to try it, and brought Flanders in with him; when Flanders came in, he said to the prisoner, Tommy, is it your horse? the prisoner said, it is; he said, what will you have for it? he said, 14 guineas; I said, Mr. Plummer was about buying it, and it was breaking in upon him; he asked what he was to give; I said, 12 guineas; he said, he would give thirteen, and as the prisoner said he was in necessity to sell it, he had better let him have it, and he gave him a shilling earnest; upon his asking for the rest of the money, he said, he had not the horse, when I delivered it to him, he would pay the rest of the money; he asked the prisoner, who he bought it of, he said, of Robert Beverly ; upon this he said, I don't know that you came honestly by the horse; I know Beverly, I will write to him to know if you bought it of him, and I shall have a letter in three or four days; upon which he said he had nothing to live upon, unless he would let him have three or four shillings; he said, he would give him the money, if I would give him security that he should lose nothing; I did not choose to be bound for that; then they went out to go before the Mayor, and I staid behind, Flanders came back, and said, why did not you go with us? I said, I did not know that there was any occasion for me to go, but I will go with you now; he said, then it was too late, that the horse was stole, and the man was off; that he had partly owned the stealing of the horse to him: I apprehended the prisoner in the town about a fortnight after.

JOHN WILMOT sworn.

I had the horse at grass; it was lost about the 30th of July; Sir John Fielding sent to me to look at this horse; I saw it was the same.

HENRY GOOD sworn.

I went to Canterbury for the horse, and found it at Sir John Falstaff 's, a public-house there; I saw it at Mr. Dickinson's; I am sure it is Mr. Dickinson's horse.

SIMPSON. It was removed from the Star to the Sir John Falstaff 's.

PRISONER's DEFENCE.

I was only a servant to one Waterman to sell the horse; he ordered me to sell it for what I could get; he bid me not to take less than 13 guineas for it; I went away because they said they would put me in gaol in Canterbury; I had no friends there, and thought that I had better leave the town and come to London, where I was known; I left word where I was gone to.

FOR THE PRISONER.

FRANCIS RICHARDSON sworn.

I am a publican, I keep the Leather Bottle near Gravesend: I came down from London with two men in the Gravesend coach one afternoon; we stopped at the Red Lion or Golden Lion on Bexley-Heath; they asked the man of the house if there had been a man there with two horses; he said, yes, he had taken one away, but not having money to pay for them, he had left one; they offered to pay for it, and take it away, but he would not let them take it till the man came that left it; I don't know

the prisoner; the one that was left was a black horse with a long tail; I saw it in the stable.

Did the man come back for the horse? - I don't know.

Do you know Waterman? - No.

PRISONER. He was with one Rowley.

RICHARDSON. I know Rowley, I don't know Waterman.

The prisoner called another witness, who gave him a very good character.

GUILTY . Death .

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

Reference Number: t17771015-47

682. ROBERT MEAVER was indicted for stealing a linen table cloth, value 6 s. three case knives, value 9 d. and three forks, value 9 d. the property of John Gabriel , April 16th .

The prisoner surrendered himself to take his trial; his notice to the prosecutor that he would do so was proved by affidavit, and the prosecutor did not appear.

NOT GUILTY .

Reference Number: t17771015-48

683, 684, 685. ELEANOR GALLOWAY , ELIZABETH THOMPSON , and ELIZABETH TAYLOR were indicted, the two first for stealing 30 yards of shag trimming for cloaks, value 10 s. 36 glass smelling-bottles, value 3 s. 20 yards of silk riband, value 4 s. a pair of womens stuff shoes, value 2 s. six horn combs, value 1 s. and a linen handkerchief, value 1 s. the property of Samuel Wiseman , October 6th , and the other for receiving the above goods, well knowing them to have been stolen .

ALL THREE NOT GUILTY .

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

ELEANOR GALLOWAY and ELIZABETH THOMPSON were a second time indicted for burglariously breaking and entering the dwelling-house of John Robertson on the 7th of October , about the hour of eight in the night, and stealing three blankets, value 7 s. the property of the said John in his dwelling-house .

ANN ROBERTSON sworn.

I am the wife of John Robertson : on the 7th of this month our house was broke open about 20 minutes before eight; I went out to get a pint of beer; I did not stay above ten minutes; I left no one in the house; the doors were fast, and the window was shut down; there is double doors; the upper door was fastened on the inside with a bolt, the lower with a padlock; on the outside, when I returned, I found the window showed up, and the inner door unbolted; I missed three blankets out of a bed; I spoke about it next morning; a man said, he saw three blankets sold in Rose-mary-lane; he described the persons who sold them; when they were taken, Bridget Matthews confessed that Thompson got in at the window, Galloway stood at the hatch; they were sold at the ship in Rosemary-lane; he said, that Matthews had half a crown of the money; I went up to the woman that bought them; she did not deny that, but said, a woman that went partner with her had got them.

CLEMENT SPURGEON sworn.

I am a peace-officer of the parish of St. John, Wapping: I was sent for to take charge of these three women; they all confessed they had sold the goods at the Ship in Rose-mary-lane; I saw a woman there that confessed she had bought them; she said, she would send for the things, but did not; I took them before the justice.

WILLIAM STEWART sworn.

While I was standing at the Ship, I saw, the two prisoners and another woman bring the three blankets; they offered them to sale; they asked 8 s. for them; the woman bid them 7 s. 6 d.

BRIDGET MATTHEWS sworn.

I was in company with the two prisoners all the afternoon; at night Galloway asked me to go a little way with them; we came to Ann Robertson's place; Galloway put up the sash, and put Thompson in at the window; when she got in she opened the top door, and put out three blankets over the door; we went up to the Ship; we first offered them to a woman who would have given 8 s. for them, but we could not give her change; we sold

them to another woman for 7 s. 6 d. I had half a crown given me not to say any thing about it.

One of the Prisoners. That girl has been tried for her life.

BOTH GUILTY of stealing the goods, but not of the burglary .

Tried by the Second Middlesex Jury before Mr Justice ASHHURST.

[Imprisonment. See summary.]

Reference Number: t17771015-49

686. MARTHA ADDINGTON was indicted for stealing a pair of leather breeches, value 5 s. half a guinea and three shillings, in monies numbered , the property of John Hopkinson , September 27th .

JOHN HOPKINSON sworn.

I was picked up by two girls between seven and eight at night in St. Giles's, who took me to a house in a place called The Coal-yard .

Was you drunk or sober? - Neither: I walked to this house: I was attended and guarded by both arms by the girls; the prisoner is one of them; I made an agreement to be concerned with the other girl, not the prisoner; she did not choose to be concerned with me without I pulled my breeches off; I pulled my breeches off while I was lying on the bed with the girl I had agreed with; the prisoner gathered up my breeches, put the candle out, and ran off with them; I saw her take them up, and saw the breeches in her hand; I seized on the girl I was concerned with, and called for a constable; I got somebody to assist me, and went to a public house; whilst I was at the public house, a little boy brought me my breeches; they then began pushing me about; I put my breeches on directly; every farthing of the money was gone which was in my pocket; when I pulled them off, before I was concerned with the girl, I gave the prisoner two pence or two pence halfpenny to get some gin and a candle.

SARAH PENNY sworn.

I saw Martha Addington put the breeches in her apron, and run away with them; when she came out I was at the next door; she ran violently down the court; the man came out without any breeches, and said, Holloa, my friend, you have got my breeches.

PRISONER's DEFENCE.

I never saw the man in my life till I saw him at the justice's; I was not out from Friday night till Tuesday; he said, he had something against me; I went to his house, and asked him if he had any demand of me; he said, yes; I went with him to the justice; he had taken up two other women, and said, they were the persons; as soon as he saw me, he said, I was the person; I was nursing my sister at the time: Sarah Penny is a common prostitute.

FOR THE PRISONER.

SARAH KING sworn.

I am a servant out of place; I was sitting at my door in Barley-court, and this man and a girl went by; the prisoner is not that girl that was with him; it was about nine or between nine and ten at night.

Did you see the girl come out with the breeches? - I saw the girl come down the court; I believe I should know her if I saw her.

Do you know that it was not the prisoner? - No.

GUILTY of stealing to the value of ten pence .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17771015-50

687. MICHAEL WELCH was indicted for stealing a man's hat, value 16 s. the property of Matthew Bishop , July 29th .

To which the prisoner pleaded that he had been before tried and acquitted of the same felony, and an issue was immediately taken, whether it was one and the same felony.

The Jury found for the defendant that it was the same felony.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-51

688, 689, 690, 691. CHRISTIANA FLIGGARD , SIDNEY M'DANIEL , ANN CHAMBERLAIN , and ANN BROWN were indicted,

the two first for stealing 9 linen diaper tablecloths, value 27 s. a linen table-cloth, value 3 s. 3 linen damask napkins, value 3 s. 2 flannel waistcoats, value 6 s. a cotton bed-gown, value 18 d. a flannel petticoat, value 2 s. 6 d. 8 ticking pockets, value 4 s. 2 muslin aprons, value 6 s. 2 linen caps, value 6 d. a pair of linen sleeves, value 2 d. 1 muslin neckcloth, value 3 d. a lawn gown, value 12 s. a pair of linen sleeves, value 2 d. a muslin handkerchief, value 6 d. 2 linen table-cloths, value 6 s. a pair of linen pillow-cases, value 1 s. a fustian pocket, value 3 d. 4 linen caps, value 1 s. a linen apron, value 1 s. a pair of lawn sleeves, value 3 s. a muslin handkerchief, value 4 s. a linen table-cloth, value 2 s. 6 d. a linen apron, value 1 s. a pair of linen sleeves, value 18 d. a linen apron, value 2 s. 2 muslin handkerchiefs, value 2 s. 6 d. 2 linen caps, value 6 d. 3 cotton frocks, value 5 s. 6 linen caps, value 3 s. 2 callico shirts, value 15 d. 2 linen aprons, value 2 s. a muslin handkerchief, value 2 s. a pair of linen sleeves, value 3 d. a child's cotton nightgown, value 6 d. and a linen nightcap, value 6 d. the property of Isabella Yates , widow , Sept. 19th ; and the other two for receiving the above goods, well-knowing them to have been stolen , against the statute, &c.

ALL FOUR NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-52

692, 693, 694. CHRISTIANA FLIGGARD , SIDNEY M'DANIEL , and MARY the wife of JOHN COCKLIN otherwise MARY M'DANIEL , were indicted, the two first for stealing 11 pewter plates, value 10 s. a copper pottage-pot, value 3 s. a copper saucepan, value 1 s. a brass ladle, value 3 d. a pair of black worsted stockings, value 3 d. a cheque apron, value 2 d. and a flannel shift, value 1 d. the property of John Conner , August the 6th ; and the other for receiving the above goods, well-knowing them to have been stolen , against the statute, &c.

ALL THREE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-53

695, 696. MARGARET HOLMES and SUSANNAH GREAVES were indicted, the first for stealing a silver watch, value 50 s. a silver watch chain, value 3 s. a silver seal, value 2 s. a case metal watch-key, value 1 d. a pair of stone shoe-buckles set in silver, value 7 s. and a pair of stone knee-buckles set in silver, value 4 s. the property of John Robert , Sept. 29th ; the other for receiving the above goods, well-knowing them to have been stolen , against the statute, &c.

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-54

697. JOHN PERRY was indicted for burglariously breaking and entering the dwelling-house of John Cockbill , on the 7th of October , about the hour of one in the night, and stealing 3 silver table-spoons, value 3 s. 3 linen table cloths, value 3 s. 30 guineas, 100 half-crowns, the property of the said John, and a bank-note, value 40 l. another bank note, value 30 l. 2 other bank-notes, value 20 l. each, and 4 other bank-notes, value 10 l. each, the said notes being the property of the said John Cockbill , and the money secured thereon being unpaid to the said John, the proprietor thereof, against the statute, &c.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17771015-55

698. JOHN DALE otherwise JOHN WEBSTER DALE was indicted for that he took to wife Lucy Crisde , spinster, and that he afterwards feloniously took to wife one Ann Goodyear , spinster , and to the said Ann was married, the said Lucy, his former wife, being still alive , against the statute, &c. Jan. 17th .

NOT GUILTY .

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

Reference Number: t17771015-56

699, 700, 701. MARY BOWEN , ELIZABETH FAGAN , and ELIZABETH DUNN , were indicted for stealing 3 pair of silk stockings, value 21 s. the property of William Wilmot , privily and secretly in the shop of the said William , October 1st .

WILLIAM WILMOT sworn.

I live in the Strand ; I lost the things mentioned in the indictment; on the 1st of August the three prisoners were playing about the door, my journeyman went down stairs, I was in the back-shop; Fagan and Dunn came into my back-shop, and pulled up their coats and asked me if I had any such stockings as they had got on; I said, no: they then went out of the shop; I was informed by a neighbour, that they were gone down the street with some silk stockings; I followed them, and when I came up to Bowen she very civilly opened her cloak and gave me three pair of stockings; she said the other two gave them to her; she behaved very well, the others were very impudent. I took them before Sir John Fielding , and he committed them; the stockings were taken out of my window: Bowen shewed a good deal of contrition.

BOWEN's DEFENCE.

I have no friends here.

FAGAN's DEFENCE.

I have no friends here.

DUNN's DEFENCE.

I sell table-mats about the street ; I have no friends here.

ALL THREE GUILTY of stealing the goods, but NOT GUILTY of stealing them privately in the shop .

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

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-57

702, 703, MARY GARDNER and REBECCA BEDWELL were indicted for that they in the king's highway, in and upon Sarah the wife of James Mills , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person, and against her will, a cotton pocket-book, value 1 d. 9 half-pence, 1 farthing, and 1 s. 6 d. in monies numbered, the property of the said James , September 19th .

BOTH NOT GUILTY .

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

Reference Number: t17771015-58

704. BRIDGET MURPHY was indicted for stealing half a guinea and 4 s. in monies numbered , the property of James Frazier , October 7th .

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

NOT GUILTY .

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

Reference Number: t17771015-59

705. WILLIAM HAYFIELD was indicted for stealing 70 lb. weight of cork, value 20 s. and a hempen cord, value 1 d. the property of John Knight , October 17th .

JOHN KNIGHT the elder sworn.

I am a cork-cutter in Aldersgate-street; I have a warehouse by the Skin-market in Wood's-close ; my son informed me, that he saw the prisoner take the cork out of my warehouse.

JOHN KNIGHT the younger sworn.

I live at Islington; I was informed that the prisoner had offered to sell some cork at a third of its value; and that he was to carry some to Mr. Mason at half after six in the morning; I got up early and went to the Skin-market, from whence I could see through the crevices into our warehouse; at about half after six I saw the prisoner come and take a bundle of cork out of our warehouse; I watched him, and saw him carry it and pitch it at Mr. Mason's door; Mr. Mason took him to the Horns ale-house; upon the prisoner's seeing me he lifted up his hands, and said, I am ruined for ever! here is my young master! He was servant to my father, and intrusted backwards and forwards in the warehouse.

MICHAEL MASON sworn.

I live in St. John's-street; I am in the cork-trade; the prisoner offered me a bundle of

cork at 8 s. my wife informed a Mr. Ling of it, and he informed Mr. Knight; Mr. Knight came to me: I informed him the prisoner was to bring a bundle to me on Thursday morning; in consequence of which he watched him, and he was secured.

PRISONER's DEFENCE.

The foreman ordered me to bring him a bundle that morning; I was going with it, and only stopped to drink a pint of purl with Mr. Mason, when my young master came; I have been 20 years with him, and never robbed him of a farthing; I was not going to defraud him, they have sworn false against me.

GUILTY .

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

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-60

706. PETER HAYES was indicted for stealing an iron spade with a wooden handle, value 3 s. and a pair of iron shears with wooden handles, value 2 s. the property of Fox Smith , Sept. 21st .

THOMAS ROBERTS sworn.

I am gardener to Mr. Fox Smith , a hot-presser at Tottenham-high-cross ; the spade and shears were lost on the 21st of September; they were sold to Richard Scorah ; I know nothing of the prisoner.

RICHARD SCORAH sworn.

I live at Tottenham-high-cross; I bought this spade and these shears of Peter Hayes on Sunday the 21st of September; I gave him 3 s. 4 d. for them; he was a stranger to me; he said he was going to work at Hammersmith, and did not like to carry his tools so far.

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

The prisoner, in his defence, said he found them in the road.

GUILTY of stealing to the value of 10 d.

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

Reference Number: t17771015-61

707. BENJAMIN WATKINS was indicted for stealing a pair of leather harness , the property of John Milward , Sept 10th .

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

NOT GUILTY .

Reference Number: t17771015-62

708. WILLIAM BRACKNEY was indicted for stealing a silver seal set in wood, value 5 s. the property of Thomas Harris , Sept. 7th .

NOT GUILTY .

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

Reference Number: t17771015-63

709. JANE WILLIAMS was indicted for stealing 3 pieces of printed callico containing 12 yards, value 3 l. the property of Samuel Hayward , October 16th .

SAMUEL HAYWARD sworn.

I am a linen-draper at No 9, Snow-hill ; on the 16th of October the prisoner came to my shop, and asked for a quarter of a yard of long lawn; I had some suspicion of her; when she was gone out a person at the door asked me if I had lost any thing, and said the prisoner was gone down the hill with something in her lap like chintz; I followed her and took her in the Fleet-market; I asked what she had got, she said she had got nothing; I opened her lap and took out three pieces of callico: I brought her back; the callico was on the counter before she came in, when I went back it was missing.

HERMAN M'CARRON sworn.

I went with Mr. Hayward, and took her in Fleet-market; the things were in her apron.

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

PRISONER's DEFENCE.

I found them on the ground as I came out, a woman was just gone out; I took them up and put them in my apron.

GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-64

710. JOHN JONES was indicted for stealing a piece of woollen cloth, containing 3 yards, value 40 s. the property of George Anthony , Sept. 29th .

GEORGE ANTHONY sworn.

I am a taylor ; upon the 29th of September I sent my apprentice to Mr. Kempson's in Fleet-street for a piece of cloth; he came back and told me a fellow had stole the cloth from him, and went into a house in Wood-street; I went with him, and found a great many people about the house; it was in a court that was no thoroughfare; a person told me the man was gone out of the garret-window over the tops of the houses; the people not being very willing to go after him, I offered a guinea to the first that took him: he was taken in another house which he had got into, and got down one pair of stairs and concealed himself under a bed.

ROBERT CHAMPION sworn.

On the 19th of September I was sent by my master to fetch some cloth from Mr. Kempson's in Fleet-street; it was wrapp'd up as it is now; I believe that is the cloth: the prisoner came behind me, and snatched it from me, and ran away; I followed him, and called, Stop thief; he ran up Paul's-court in Huggin-lane, Wood-street, and run into a house; some people went in after him, but could not see him: I fetched my master; I am sure the prisoner is the man.

ROBERT FOLIER sworn.

Coming up Wood-street I heard a cry of stop thief; a gentleman and I who were walking together went into Paul's-court to see what was the matter; there were a number of people gathered together, they said the man that had stole the cloth was gone into an empty house; Mr. Anthony came and offered a guinea to the first man that should take him; upon which I went up stairs in search of him, and took him; he produced the cloth, and said he was sorry for his crime; I am positive the prisoner is the man; I sealed the cloth, and delivered it to Mr. Anthony (it was produced in Court) I believe that is the cloth.

PRISONER's DEFENCE.

I was going along the street; I saw the people run; I went to see what was the matter: there were a great many people going up stairs, and this man laid hold of me, and hawled me away to the Counter; he got the bundle from the man next to me, and asked me if I had any friends that had money; for if I would give him five guineas he said he would not appear against me; he came to me several times in gaol to tell me that.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17771015-65

711. ANN LACEY was indicted for stealing 2 silk cotton gowns, value 30 s. a flannel petticoat, value 2 s. 10 linen shirts, value 40 s. 8 linen aprons, value 8 s. 2 muslin aprons, value 4 s. 2 pieces of printed cotton containing 3 yards, value 10 s. and 10 linen shifts, value 30 s. the property of Peter Maber , October 2d .

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

NOT GUILTY .

Reference Number: t17771015-66

712. JOSEPH LEE was indicted for stealing 27 linen handkerchiefs, value 30 s. 11 cotton handkerchiefs, value 20 s. 10 pieces of linen cloth containing 340 yards, value 18 l. 2 pieces of linen and cotton cheque containing 42 yards, value 50 s. the property of William Reddish , October 14th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17771015-67

713. THOMAS MASON was indicted for stealing a hempen bag, value 2 d. 120 lb. weight of iron nails, value 39 s. the property of Theodosia Rowley , widow, and company , Sept. 17th .

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

NOT GUILTY .

Reference Number: t17771015-68

714. GEORGE WARE was indicted for stealing a mahogany tea-chest and 3 tin cannisters,

value 3 s. and a linen apron, value 1 s. the property of Mary Harrowsmith , October 11th .

MARY HARROWSMITH sworn.

I am servant to Mr. Meeres, who lives in Friday-street ; the tea-chest and apron were in the kitchen; I went to market, I returned in about half an hour, and my fellow-servant had detected the prisoner with the things.

EVAN PRICE sworn.

I am servant to Mr. Meeres; I saw the prisoner going down stairs; I called to him to know what he wanted; he said he had been up stairs to enquire for a Mrs. Curtis; I stopt him at the door, and found the apron under his arm, and the tea-chest in his hand; my master took him into the warehouse, I went up into the kitchen to see if there was any thing missing, and missed the tea-chest off the dresser; I got a constable, who took charge of the prisoner and the things.

[ John Mayne the constable produced the goods, which were deposed to by the prosecutrix.]

PRISONER's DEFENCE.

I went to the house to enquire for a Mrs. Curtis, and found the tea-chest at the door; I took it up, and went in and tapped at the door to see if there was any body there.

MAYNE. He confessed before Mr. Alderman Alsop, that he took it, and all for the love of a woman.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17771015-69

715. JOHN WARREL was indicted for stealing 8 lb. of plumbers solder, value 6 s. the property of William Tydee and Sawyer Spence , October 13th .

SAWYER SPENCE sworn.

I am a plumber , and am in partnership with William Tydee ; we lost a bar of folder about 8 lb. weight; on Sunday evening my partner told me there were two bars concealed in the stable; he shewed them to me; the prisoner was employed to drive a cart and look after the horses for us; nobody else went into the stable: we got up in the morning to watch who would take the bars; when he went with the first load of dung he took one of the bars with him; we followed him, and found the bar of solder in his breeches pocket: there are always eight bars together; we found the rest in his lodging.

John Simpson , who is clerk to the prosecutors, confirmed Mr. Spence's testimony.

PRISONER's DEFENCE.

I am innocent of it; I have had this solder 6 months in my possession.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-70

716, 717, 718. JANE HUNTER , ANN LLOYD , and ELIZABETH NESBIT , were indicted for stealing a pair of silver knee-buckles, value 4 s. a piece of silk and worsted damask containing 3 yards, value 6 s. 5 pieces of worsted cheque containing 10 yards, value 10 s. and 4 pieces of morine containing 12 yards, value 20 s. the property of Robert Fry , Sept. 4th .

ROBERT FRYER sworn.

I am an upholsterer ; I missed my knee-buckles about six weeks ago out of my bed-chamber; I took them out of my knees at night, and missed them in the morning; Jane Hunter was my servant ; I did not miss the other things at any particular time: I found a piece of carpet in the lodging of Lloyd, and the remnants of cheque at Nesbit's; the rest of the things at the pawnbroker's.

ROBERT WILSON sworn.

I was sent for and searched Nesbit's lodging, and found these remnants in the drawers; I found nothing in Lloyd's lodging, but the carpetting; Jane Hunter was servant to the prosecutor, and then in the house; she told me that those two women came to her master's and asked her if she could not give them some patches to mend their stays, and that she gave them some; the knee-buckles were found at Mrs. Kelly's pawned for a shilling.

REBECCA KELLY sworn.

I am a pawnbroker; I took in these pieces of remnants, one piece of Nesbit for 2 s. and a pair of buckles from Nesbit for 1 s. 2 pieces of a woman of the name of Doreham: the

knee-buckles were brought out; I delivered them to Mr. Fryer.

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

JOANNA DOREHAM sworn.

I pawned some morine with Mrs. Kelly, which I received of Nesbit.

CHARLES DORMAN sworn.

I apprehended the prisoners, and searched their apartments; I found in Lloyd's apartments some carpetting, and in Nesbit's some remnants and cuttings of tickings of beds.

JAMES MIDDLETON sworn.

The prisoner Nesbit pawned some pieces of cheque furniture with me at different times.

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

HUNTER's DEFENCE.

I know nothing at all of them.

LLOYD's DEFENCE.

I know nothing at all of them.

NESBIT's DEFENCE.

I bought the pieces in Rosemary-lane.

They called several witnesses, who gave them a good character.

HUNTER NOT GUILTY .

BOTH THE OTHERS GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17771015-71

719. MICHAEL SIMON was indicted for stealing a pair of leather wheel-harness, value 5 l. and 2 leather bridles, value 10 s. the property of John Lycet , Aug. 7th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17771015-72

720, 721, 722, 723, WILLIAM LOVERIDGE , ROBERT COLLINS , JAMES ANDERSON , and NICHOLAS RYDER , were indicted for breaking and entering the dwelling-house of Mary Marshall , widow , on the 1st of October , about the hour of three in the afternoon ( no person being in the said dwelling-house) and stealing a mahogany tea-chest, value 8 s. 4 oz. of green tea, value 4 d. a lb. weight of lump sugar, value 2 s. a silk bonnet, value 10 s. a cotton bed-gown, value 2 s. and a black sattin cloak, value 4 s. the property of the said Mary, in the same dwelling-house .

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

MARY MARSHAL sworn.

I live at Hackney ; my house was broke open; I think it was on the 1st day of this month; I went out about 3 o'clock to the chandler's shop; I locked the door, and had the key in my pocket, the window was fastened down; when I returned; which was in about 10 minutes, the window was cracked, the glass pushed into the house, and the sash was quite open: I missed a tea-chest, a bonnet, a child's black sattin cloak, and a bed-gown; there was a girl who saw the prisoner get in; I was informed that they gave her a shilling not to tell: I have never recovered any of my goods.

SARAH SHAW sworn.

I know all the prisoners; they came to the Rose and Crown where I was waiting the day this fact was committed; they came in about 2 o'clock, and called for a pint of beer, and some bread and cheese; they knew me by living at Mrs. Preston's, and asked me to drink, which I did; then they went out, and went round the corner; there are but six houses in the row; they came back again, and Loveridge went to the prosecutor's window, and pushed the glass out of the window, it was cracked before; Anderson got in and handed out a black bonnet to Loveridge, and then he came out with a tea-chest; what he had else I cannot tell: Ryder and Collins stood at the corner while he went in.

How came they to do this before you? - I work for Mr. Scott: I went to see if the rest of the people were at work, and as I was coming over the field, I saw Anderson in the window, giving the bonnet to Loveridge, and he held up his hand to me to say nothing; so

I said nothing; I went into the Tile-kiln yard, the next door; they were not at work, so I went home; I had not been at home ten minutes before I was taken up for the robbery, and then I told who it was that did it; Anderson threw down a shilling to me, and said, I might take it up if I would, if I would not I might let it alone; but if I said any thing, he would cut my head off; I took it up after they were gone.

LOVERIDGE. She brought three stout men into the room where I lay, and they said to her, are any of these the men that were concerned in it; she said, no; they asked her a second time, and she said, no; and then they went away; they came some time after, and took three of us.

MARY PHILPOT sworn.

I live at the Rose and Crown; all the prisoners but Loveridge were drinking at our house on that day between three and four o'clock; our house is next door to the prosecutrix's.

LOVERIDGE's DEFENCE.

I never was in the place in my life; this person says it was between three and four, and the other said between twelve and three.

FOR THE PRISONERS.

MARY KENNY sworn.

I keep a lodging-house at Saltpetre-Bank, opposite the sign of the King of Prussia: Loveridge, and the other man, Bobby, I don't know his other name, lodged at my house.

PRISONER. My name is Collins.

KENNY. One Wade, and another man, came to my house, went into the room where Loveridge and Bobby was, with the evidence, and they asked if she knew any of them; she said, she knew none of them, shaking her head; about two hours after they came and took them out of my house.

JANE GRIGG sworn.

The evening of the day this was done, Loveridge and Collins were in my house; the next morning the prosecutor and the evidence came, and while the evidence and two of the justice's men went to the last witness's house, I asked what was the matter, and he said, he had been robbed, and repeated the articles he had lost; I said, is this girl concerned? he said, yes; I asked him who they were; he said, four boys, about thus high ( describing them).

ALL FOUR GUILTY . Death

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

Reference Number: t17771015-73

724. MICHAEL CASHMIN was indicted for stealing a horse, value 50 s. the property of Richard Sinfield , October 1st .

RICHARD SINFIED sworn.

I live in Tottenham-court Road , opposite the Chapel: I had a bay stone-horse, with one eye, stolen out of the field in the night of last Tuesday was fortnight; I saw the horse in the possession of James Spencer on the Thursday following.

JAMES SPENCER sworn.

I am a post-boy out of place: I saw the prisoner last Wednesday was se'ennight with this horse at Cranfield-bridge; he offered it to sale for two guineas; it was about nine in the morning; I followed him to take him; he endeavoured to get away, and rid into a pond, I secured him when he came out of the pond, and brought him and the horse to the office in Litchfield-street, and the prosecutor was sent for.

JAMES BETWORTH sworn.

I had the horse in my custody; I delivered it to the owner.

PRISONER's DEFENCE.

I worked all the summer; I could not get my cloaths from Tom, the brewer; he told me this was his horse; I took the horse for my cloaths.

To SPENCER. What account did the prisoner give of the matter when you took him? - He was in different stories; he said he bought it of different people.

GUILTY . Death .

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

Reference Number: t17771015-74

725, 726. THOMAS TIMSON and RICHARD PARKINSON were indicted for stealing a man's hat, value 5 s. the property of Thomas Norris , October 5th .

The prosecutor deposed, that whilst he was asleep the prisoner Timson took off his hat, upon which he and Parkinson ran away together; they were immediately pursued and secured by Edward Jones .

Edward Jones confirmed the evidence of the prosecutor.

Parkinson called two witnesses, who gave him a good character.

TIMSON GUILTY .

PARKINSON ACQUITTED .

[Branding. See summary.]

Reference Number: t17771015-75

727. THOMAS BRIGHT was indicted for burglariously breaking and entering the dwelling house of Thomas Williams on the 11th of June , about the hour of one in the night, and stealing 150 yards of mantua silk, value 6 l. 165 yards of sattin, value 40 l. 110 yards of silk mode, value 40 l. 200 yards of silk riband, value 3 l. 28 scarlet cloth cloaks, value 14 l. a black silk cloak, value 12 s. 60 yards of linen cloth, value 3 l. 200 yards of silk lace, value 10 l. and a piece of Manchester cotton, value 18 s. the property of the said Thomas in his dwelling house .

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

NOT GUILTY .

Reference Number: t17771015-76

728, 729. JAMES GRANT and LAMBERT SMITH were indicted for burglariously breaking and entering the dwelling house of John Batchelor , John Ham , and John Perigal , on the 28th May , about the hour of twelve in the night, and stealing 24 pieces of flowered wrought silk containing 590 yards, value 160 l. and three pieces of sattin containing 134 yards, value 50 l. the property of the said John Batchelor , John Ham , and John Perigal in their dwelling-house .

BOTH NOT GUILTY .

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

Reference Number: t17771015-77

730. JOHN SCARLETT was indicted for obtaining by false pretences of Robert Kennell four silver salts, value 3 l. 10 s. and a silver soop-ladle, value 37 s. the property of the said Robert , September 13th .

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: s17771015-1

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

Received sentence of death, 13.

John Smith otherwise Smithwaite, William Loveridge , Robert Collins , James Anderson , Nicholas Ryder , Henry Parkinson , Sarah Ellison , Thomas Antibus , Benjamin Russen , Thomas Tillin , Michael Cashmin , George Johnson , and Morris Geary . Morris Geary to be drawn upon a hurdle to the place of execution.

Three years Navigation, 8.

John Jones , George Ware , Charles Woollett , William Watson , Thomas Smart , Thomas Waylan , William Fry , and Lambert Smith .

Branded and imprisoned 3 months, 11.

Hannah Beach , Dinah Ellis , Hannah Stubbs , Jane Williams , John Worrell , Ann Lloyd , Elizabeth Nesbit , Thomas Beer , Mary Bowen , Elizabeth Fagan , and Elizabeth Dunn .

Imprisoned three years, 3.

Ann Rogers , Eleanor Galloway , and Elizabeth Thompson .

Branded and imprisoned 6 months, 1.

William Hayfield .

Branded and imprisoned 1 month, 1,

David Jones .

Whipped, 8.

Thomas Hunt , John Kitson , John Storer , Martha Addington , George Edward Ditcher , William Foster , Simon Clark , and Patrick Miles .

Branded, 2.

Thomas Timson , and John Howard .

Judgment was respited on 2.

Elizabeth Stone and Elizabeth Hart .

Reference Number: a17771015-1

*** Trials at Law and Arguments of Counsel taken in Short-hand, also the Art of Short Writing completely Taught, by JOSEPH GURNEY of Southampton-Buildings, Chancery-lane, Author of Brachygraphy or Short Writing made easy to the meanest Capacity.

Reference Number: a17771015-2

*** 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.


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