Old Bailey Proceedings, 7th July 1779.
Reference Number: 17790707
Reference Number: f17790707-1

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 7th of July, 1779, and the following Days;

Being the SIXTH SESSION in the Mayoralty of The Right Honble SAMUEL PLUMBE , LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER VI. PART I.

LONDON:

Printed for JOSEPH GURNEY (the PROPRIETOR) And Sold by M. GURNEY, No. 34, Bell-Yard, near Temple-Bar,

MDCCLXXIX.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable SAMUEL PLUMBE , LORD MAYOR of the City of London; the Honourable Sir GEORGE NARES , Knt. One of the Justices of his Majesty's Court of Common Pleas; The Honourable FRANCIS BULLER , Esq. one of the Justices of his Majesty's Court of King's-Bench; Mr. Serjeant GLYNN, Recorder; FRANCIS MASERES , Esq. ( Cursitor-Baron of his Majesty's Court of Exchequer) Deputy Recorder; and others his Majesty's Justices, of Oyer and Terminer of the City of London and Justices of the Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Hardy

Abraham West

James Thompson

Joseph Brown

James Thompson

Henry Birch

Arthur Loftie

Thomas Aston

Thomas Demarin

Stephen Johnson

Thomas Rannells

Thomas Wawen .

First Middlesex Jury.

Samuel Hall

Henry Sandford

William Green

Thomas Perkins

John Worner

William Mann

Benjamin Kemp

John Merrett

Michael Bird

James Mann

Thomas Kindleside

Robert Lum .

Second Middlesex Jury.

James Duthoite

Samuel Castle

Charles Ezard

James Smith

Richard Wycot

Charles Troutbeck

John Birch

John Worthington

William Tubbs

Joseph Wilson

Thomas Swan

Charles Harris .

Reference Number: t17790707-1

306. SOPHIA TAYLOR was indicted for stealing a linen quilt, value 3 s. a pair of linen sheets, value 5 s. a linen chair cover, value 6 d. a brass candlestick, value 6 d. and a flat iron, value 6 d. the property of Charles Northen , the said goods being in a certain lodging-room let by contract by the said Charles to the said Sophia

CHARLES NORTHEN sworn.

I have a house in New Compton-street, Soho . I let a second floor furnished to the prisonerat nine shillings a week; the things mentioned in the indictment were in the room (repeating them). She lived in the lodging five or six weeks; she left it last Thursday. Suspecting that she had taken some of the furniture

away, I opened the door with a key and found all the things in the indictment missing.

ROBERT ARTZ sworn.

I am a pawnbroker. I took in pawn the goods mentioned in the indictment; they were brought to me, at different times, by this little girl (Bird); she pledged them in the name of Catherine Bird , her mother. I knew her mother very well, or I should not have taken them in.

- BIRD called.

How old are you? - Fourteen and a half.

Do you know the nature of an oath? - I cannot say that I do.

Do you know whether it is a wicked thing to take a false oath? - It is a very wicked thing.

What will become of people who are so very wicked? - They will go to Hell.

(She is sworn.)

Did you pawn these goods with Mr. Artz? - Yes.

Who employed you? - That lady (the prisoner).

When did she employ you? - Not long after she was there.

Did she tell you whose goods they were? - I knew they belonged to the people of the house; she bid me pawn them in my mother's name.

(They were produced in court and deposed to by the prosecutor).

PRISONER's DEFENCE.

I did not quit my lodging, nor did I intend it.

GUILTY B .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17790707-2

307. THOMAS PALSEY was indicted for stealing a woollen cloth coat, value 16 s. a pair of woolen cloth breeches, value 8 s. a linen shirt, value 18 d. a linen stock, value 6 d. and a linen handkerchief, value 10 d. the property of Mary Undershagen , widow , May 15th .

MARY UNDERSHAGEN , sworn.

I live at the Three Golden Balls in Strutton-Ground, Westminster . I am a pawnbroker . I was robbed on the fifteenth of May, between ten and eleven at night, of a blue cloth coat and breeches, which were pledged with me for twenty-four shillings, in the name of Mary Cardwell ; a shirt and stock that were pledged for two shillings, and a white linen handkerchief for one shilling. The prisoner, who was the owner of them, came for them between ten and eleven o'clock at night; my sister reached down the things and laid them on the compter. He brought a woman with him in a Bath cloak.

Are you sure it was the prisoner? - Yes; I knew the prisoner; he laid the duplicates down on the compter; he said he knew the hand-writing of the duplicates, that they were his things.

What become of them afterwards? - My sister came in to show me the tickets, to see what they came to; I then saw the prisoner shove them all into the woman's apron, and bid her go away, and he went after her; my sister went over to the woman that pawned them, and she came to me and desired me not to surprise myself, that she knew where to find them. On Monday morning the prisoner came to my house again; there was no one at home but myself at the time, and I could do nothing with him; he was very bold, and asked me what I intended to do, if I meant to advertise them; I said no, why should I advertise them when I knew where they were, that he was the man that had taken them; he said I must be mistaken, for he was not the man. My sister then came in and said, I am surprised you should say so, you know you are the man; I said I would swear that he was the man; he said that they were his things and that he valued them at three pounds; I told him I valued them at thirty shillings, that he had taken them from me; I knew they were his things, the woman told me so when she brought them to pledge.

You had him taken up? - Yes; he was examined by Justice Wright, and committed to Bridewell.

PRISONER's DEFENCE.

I sent these things to pledge. I lost the duplicates. I went on the 15th of May to

the woman that pawned them for me, and told her I had lost the duplicates, and she told me the pawnbroker had lost them. I went to the prosecutrix the next morning, she could not then say that I was the person that took them, but wanted me to advertise them; I said I thought I had no right to advertise them.

To the Prosecutrix. Did you say you did not know he was the man? - No, I said he was the man that took the things. He said he would advertise them.

Prisoner. She said I was like the person that took them.

Undershagen. I did not say thatupon my oath.

Prisoner. She said if I took up the person that had the things I should have half a guinea reward.

Undershagen. I said no such thing.

SUSANNAH PRITCHARD sworn.

Upon the 15th of May between ten and eleven at night the prisoner came into my sister's shop.

Did you know him before that day? - No; he laid down a duplicate on the compter and said he wanted those things; I reached them and laid them down on the compter; he then said, I want a shirt and stock pawned for two shillings, in the same name; I reached them down to him. He had a woman with him who had a large cloak and bonnet on. She looked at the shirt, and told him it was his; he then asked for a handkerchief pawned for one shilling; I reached it, and then took the duplicate and tickets to my sister to look at, and in the mean time he shoved the things into the woman's apron, and they went out.

Are you sure he took them? - Yes; there was nobody else in the shop.

Prisoner. If I took the things, why did not they take me up; I told them where I worked and where I lodged. They did not take me till the Thursday following, and then they took me off the shop-board.

Court. Did the prisoner tell you where he lodged.

Pritchard. Cardwell told us. He came on the Monday morning; he was taken the Thursday following on the shop-board.

MARY CARDWELL sworn.

I know nothing of it, only I pawned the things for the prisoner; they lent me twenty-four shillings on the coat and breeches.

Did you pawn them in you own name? - Yes, I did.

Do you know whether he had them again? - No.

( The duplicates were produced in court.)

How came the prisoner by the duplicates? - I gave them to him.

Prisoner. Whether she did not say she burnt the duplicates when the man took the things away.

Undershagen. I thought they were burnt, but I afterwards found them.

PRISONER's DEFENCE.

I went down to the prosecutrix for the things; she said she had burnt the duplicates when she had given the people the things. I have a witness here to prove it. I am entirely innocent of the affair, and can prove that I was in my lodgings from nine to twelve o'clock. I was never out of the house.

Jury to the Prosecutrix. Did you offer him half a guinea reward if he found the person that had the things? - I did say when he came I would advertise and offer half a guinea reward; but I told him at the same time I need not do it, because I know you took the things from me. I said so upon my oath.

How came you to tell the prisoner you would advertise them when the man was present that took them away, and you knew he was the man that took them away? - I did to be sure say it to him, because I had said it to Cardwell. He said you told Cardwell you would give half a guinea reward. I said, so I would rather than have any trouble, upon which he said, I am three pounds out of pocket, how is that to be settled.

You knew where he worked, and he continued working with that man till Thursday, when he was taken? - Yes.

For the Prisoner.

MARY HARVEY sworn.

I take in washing. I have known the prisoner about three months, he lodges in the next room to me. On the 15th of May he came home at a little past nine o'clock, and never went out again; to the best of my knowledge, he went to bed at twelve o'clock. I saw him go to bed. I was up myself till two; we were all together in company.

Who was in company? - Elisabeth Duncan , the prisoner and his wife, and I.

Whose room were you in? - In my room sometimes, and sometimes in his, mostly in mine.

How came you to remember that it was nine o'clock? - I had been home with some linen to a young woman, the clock struck nine as I came home; he came in just after.

What is Elisabeth Duncan ? - A mantua-maker; we live all upon the same floor; there are four rooms on the floor.

Are you sure he was not out? - He could not go out without my knowing it.

Can you take upon you to say he was not out? - Yes, I can.

Did any body come home with him? - No.

ELISABETH DUNCAN sworn.

I am a mantua-maker. I lodge in the same house on the same floor with the prisoner. On the 15th of May he came home about nine in the evening.

What day in the week was it? - Saturday.

How came you to be so particular to the time? - I heard the clock strike; it was not long after; his wife was at home at the time.

Are you sure he was at home all that evening? - Yes, he went to bed about twelve o'clock.

How far does Undershagen live from you? - She lives at Westminster. I lodge in Castle-street, Long-acre. He did not go out till ten o'clock on Sunday morning; he returned at three; on Monday morning he went down to the woman where his things were pawned, to tell her he had lost the duplicate, and not to let any body have them. He went out to work, and came home at the usual hours till he was taken up.

AUGUSTUS RICE sworn.

I have known the prisoner two years. He has worked several times with me.

Did he work with you to this time? - No; he worked with me two years ago.

Prisoner. I worked with Mr. Fell in St. Martin's-lane, who is out of town.

How did he behave? - Always as an honest industrious man.

To Cardwell. What did you do with the duplicates when you took them? - I gave them to the prisoner.

Are you sure of that? - Yes.

What colour was the coat and breeches? - Blue.

To Harvy and Duncan. Did you ever see him with those clothes on.

(Both). Before that, never after.

To Cardwell. When did you see the prisoner after he pawned the things? - On Sunday night he came to me and said he had lost the duplicate and desired me to go and stop them.

What time did you see the prosecutrix? - On Saturday night, after the clothes were lost, her sister came to me and told me the prisoner had stolen the things That was between ten and eleven o'clock at night. I live just by her.

NOT GUILTY .

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

Reference Number: t17790707-3

308. RICHARD ASHTON was indicted for feloniously ravishing and carnally knowing Ann Barstow , spinster , against her will , and against the statute, &c. May 30th .

ANN BARSTOW sworn.

How old are you? - Eighteen.

Where do you live? - At Hommerton .

Who do you live with? - With my master and mistress.

What is your master's name? - Mr. Fizinere.

Do you live there now? - Yes.

How long have you lived there? - Almost eight years.

Do you know the prisoner? - Yes.

How long have you known him? - I never saw him but once in my life, that was when he came along with Mr. Church.

When was that? - On the 30th of May.

Where did he come to? - To the Crown; he and Mr. Church.

Where is the Crown? - Next to our house.

At what time? - Three o'clock in the afternoon.

Was you at the Crown at that time? - No; going to church.

Upon what day was it? - Upon the Sunday.

Who was going to church with you? - Another little girl, one of my fellow-apprentice s.

What is her name? - Eleanor Norris . Mr. Ashton came out of the Plough and saw me as I was coming home from church; he said Nanny, come here and drink a drop of beer with me; I said, yes Mr. Ashton, Mr. Church.

Which of them called upon you to drink a pint of beer? - Mr. Church, and Mr. Ashton was in the house at the time.

Did Ashton speak to you? - No, not till after I went in.

Did the little girl with you go in? - No, he called her in, but she said she would not go in.

Where did you go? - We went into the Plough, and another young woman that Mr. Church knows that lives close by our house.

What is her name? - I do not know now because she has been lately married; her name was Peggy; he sent a letter by her to give to me. When we came in he gave me some punch to drink. He said Nanny, will you take a little walk; I said no, because chapel would soon be open, and I must go to chapel; he said never mind, only come round the brook, that will bring you in your way home again. I said I would.

Where was Ashton? - He was along with him.

Did you go? - Yes, I went round the brook with him.

Who was with you? - Nobody but Mr. Church and Mr. Ashton.

What became of the other young woman then, Peggy? - She went home with her husband. She said she could not take a walk with him because she had company at her house. Then he took me to the Shoulder of Mutton and Cat, as you go to town in the field.

Did they both go with you? - Yes; then he gave me some more liquor to drink till past eight o'clock; I said, Mr. Ashton, what is it o'clock; he said eight o'clock; I said it is more, let me go home, chapel is done, my master will be uneasy; he said you shall not go home, come a little way with me; I said I could not, chapel is done; he made answer, if you are not at chapel you are at Church, and that is all the same.

Court. Did not it occur to you that it was eight o'clock, and chapel was over? - I said Mr. Ashton, Mr. Church, let me go; they said I should not, it was too late to go home, and chapel was over.

Court. But did not you think chapel was over before that time? - I did and said my master would wonder that I was not gone home; he said he did not care.

But you was with him from three to eight o'clock? - I was.

What happened next? - When we came from the Shoulder of Mutton and cat; it was past nine o'clock, and from thence he took me to another alehouse, somewhere in Spitalfields; I do not know the name of the alehouse.

What happened there? - We drank something there; it was past ten o'clock I think going on for eleven. When we came from that alehouse, Church said to Ashton, Nanny and I shall go to my summer-house.

What did he call you? - Nanny. We went to the summer-house; when we got into the summer-house, Mr. Church whispered to Ashton and went out; I did not hear what he whispered to Ashton. Mr. Ashton said something to Mr. Church, and then Mr. Church went out. Then Mr. Ashton carnally knew me against my will and consent.

Immediately after Church went out? - Yes.

This was in a summer-house? - Yes.

How far was it from any other house? - It was in a wild place.

How far from any other house? - I do not know because I was a little in liquor, but my father and mother went the next day and found the summer-house out.

Did not you know where it was? - I did not, it was in a place I did not know; I was not used to London. I

never go out from one year's end to another, without going out to church or chapel.

Did Church leave the door open or shut. - There was no door to the summer-house.

Had you much conversation together? - No.

Nothing? - We did not speak together.

Neither of you? - No.

Did you say any thing to him? - I said, Mr. Ashton leave me alone; he said, no, I will not, Nanny. When Mr. Church came in, Ashton went out to get some beer.

Which of them wanted the beer, Church or Ashton? - Ashton; he went for it.

Did he give you any thing? - No, I had none, I could not drink it, because I was in liquor, and I was reaching all the time.

When Ashton came again, did Church and Ashton drink together? - Yes, they did.

How soon did they go home from thence? - Between eleven and twelve o'clock.

Did they see you safe home? - No, they took me into a tavern in Goodman's Fields.

Had you any conversation with Church; did you ask him where he had been? - He went round the place in the time Ashton was with me.

Did he say he was going round the place? - Yes, he whispered to Ashton.

You said he whispered something that you did not hear; but did you hear him say he was going round the place? - I did.

Did he ravish you more than once? - Yes.

How often? - Twice.

Both times before Church came back? - No.

Was one time at a tavern? - No, it was on the Monday he did it again; he took me to a tavern on Sunday night to lie all night.

And did you lie together all night? - No, he went home to his wife.

When he took you to a tavern did he say you should lie all night with him? - No; he went to the house, and said, can you let this young woman lie here all night; the man said, yes, I can; he said, very well. Mr. Church went up stairs with me; he undressed me; I had no night-cap to put on; he gave me a handkerchief to put round my head.

So they put you to bed there? - Only Mr. Church came up, Ashton staid below.

What was Church an old acquaintance of yours? - I never saw Church before but once.

How came you to treat one another so kindly, he called you Nanny, and you called him Church? - On Whitsun Monday I went out two days; he and I were going into the Blackmoor's Arms, by Rosemary-Lane; he said to the landlady at Goodman's Fields, dont let this young woman go away till I come and fetch her. Mr. Church came about a quarter after ten in the morning.

You had lain a bed till that time, had you? - Yes.

Did they tell you they would come again next morning? - Mr. Church did.

What time did the other come? - Not before three o'clock in the afternoon.

Did you stay there till that time? - No, Mr. Church came for me in the morning; he said to the waiter in the tavern where I laid all night, can you get any breakfast for this young woman? Yes, said the waiter, I can. He brought some breakfast; it was then half after twelve o'clock as I had done breakfast.

What did you do then? - Mr. Church came; I said I must go home; he said you shall not go to day; I said I would go home. He said you shall not, come along with me a little way; I said I would not; this is the street where my father lives, and down I will go, you shall not keep me. He said, I should not go; come a little farther, and this will bring you straight home. I said, very well, in the name of God, let me go. He said, come a little farther, and I will give you a little beer that shall keep up your spirits, that your master and mistress may not be angry with you. I said that would not satisfy them, for they would go to my father and mother. He said, I should not go home that day. He went a little farther, and went into an alehouse, and gave me some beer; he said, Nanny, it will chear up your spirits. I said it was not used to drink, it would not.

Where did you meet Ashton again? - We went a little farther, near the London Infirmary, there was Ashtop drinking some beer at a publick-house.

What was the sign of that publick-house? - I do not know; but it was facing the London Infirmary.

Did Church tell you that he intended to meet Ashton there? - No.

Did not you expect to meet Ashton on the Monday morning? - No.

You did not expect to meet him at all? - No.

What the sign of the house was you cannot tell? - I cannot.

That was about three o'clock? - Yes, it was. Mr. Church said to Ashton, Ashton, we have spent half the day, we may as well spend the whole with Nanny. I said, I will not; I wish to God I knew my way home, I would go. He said, you shall not go home to day nor to-morrow. I said, I will go home, you shall not keep me. Mr. Ashton said, very well, Church, I will tell you where we will go; we will go to Clay Hall. I said, that is not going home with me; I wish I knew my way home. He said, you shall not go home to day nor to-morrow. Ashton said, Nanny, live with me two months, then your master will forget you, and your father and mother, and I will turn my maid away, and take you.

Did you agree to that? - I did not.

What else? - Then he took me to Clay-Hall; we went up stairs into a dancing-room; Mr. Ashton said to Church, let us have something to drink; I said, I want nothing to drink, leave me alone, or I will go and drown myself; he said, for my sake, you shall not make an end of your life; he went down stairs to the waiter of the house, or else to the master, I do not know which; he asked the master if he would let me have some tea to drink; I was almost a dying, I was so bad; they had some beer to drink; I had some tea; the woman brought the tea up; the woman asked Mr. Church if she should came and fill the tea-pot; he said, no, you need not come up into the room, I will fill the pot. When I had done tea, Church whispered to Ashton; Ashton went down stairs, and lit his pipe. When he was gone down to light his pipe, he stood upon the stairs to hearken.

Who did? - Mr. Ashton.

What was he to hear there? what was he to stand upon the stairs to hearken to? - To hear what Mr. Church did to me.

What passed between you? - Mr. Church said to me, Nanny, come here; I said, no, I will not come there; he said, you shall come here; I said no, I will not; he got me up in his arms; I struggled from him, and ran down stairs, and Mr. Ashton was upon the stairs hearkening; he said to Mr. Ashton, keep Nanny up, for she is going down to drown herself. Mr. Ashton said, you shall not make an end of your life, so come up stairs, so they both came up stairs. After that, Mr. Church went down stairs, and walked round Clay-Hall, and Mr. Ashton was up stairs in the mean time, and Mr. Ashton said to me, Nanny, come here, I have got no wife, I should like you; I said, no, I want not to be married, I am not old enough; he said, that is nothing at all, don't tell me these things; I said, let me go home; he said, you shall not; I said I would go down and drown myself; he said, you shall not make an end of your life for my sake, and then in the mean time Mr. Ashton did lie with me also in that dancing-room, and then when Mr. Church came up -

Court. Gentlemen of the Jury, if you have a particle of doubt, I will go on. If the cause strikes you as it does me, there is not a colour for the prosecution from her own account; she goes with him a second day, opportunities are given her to discover it; she sits and talks with him in the room, and permits indecencies, if you have a doubt, I will go on with it.

Whereabouts are the stairs that go up to that dancing-room? - It went first up stairs, and the dancing-room looked out of window into a pond.

What part of the house did you go into to that dancing-room? - I went out of the garden.

Jury. My Lord, we are satisfied.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. JUSTICE BULLER.

Reference Number: t17790707-4

309. RICHARD ASHTON was indicted for ravishing and carnally knowing Ann Barstow , spinster , against her will , and against the statute, &c. May 30th .

There was not any evidence given on this indictment.

NOT GUILTY .

Reference Number: t17790707-5

310, 311. SUSANNAH HODGET and ANN HOPE were indicted for stealing a pair of garnet studs, set in gold, value 20 s; two guineas and a half-guinea in monies, numbered, the property of John Corker , in the dwelling-house of John Croker , May 17th .

JOHN CORKER sworn.

I live in Bluegate Fields, Ratcliffe-highway . I am a cork-cutter ; I had been out about some business. On the 17th of June, in coming home after eleven o'clock at night, I lost two guineas and an half in gold, and a pair of garnet studs; they were in my breeches-pocket with my gold.

What was the value of the studs? - I cannot be positive; they were certainly worth a guinea.

Who took them? - Hannah Hope .

One of the prisoners? - Yes; I met the prisoners at a door in Ratcliffe-highway; I had never seen them before; I asked if there was a publick-house open near; I was faint and tired; they said, if I would give them something to drink, they would show me one; I said, agreed, and went with them. They were going to take me up a street; I said, I would not go out of my way; it did not signify; they then took me to a house in Bells-street; I said, this is not a publick-house, I will not stay; they said, if it was not they could get me something to drink. I gave Hope all the halfpence I had to fetch some beer. When I gave her the money, she threw her arms round me, and began hugging me. I felt her hand in my pocket; I pushed her from me, I did not think she had time enough to take any thing. They then both went out, and left me sitting in the room. I sat about five minutes; they not returning, I began to suspect they must have robbed me; I then felt, and missed my studs and money. I thought it not safe to sit there, left they should send somebody in to ill-use me. I went to Justice Sherwood's and was directed there to go to St. George's watch-house. I went, and got two watchmen, and came and found the door fast; they had got in; I heard their tongues and a man in the room. The watchmen took them in bed together, about four o'clock in the morning.

Was Hodget near when Hope took the money and studds? - I believe about two yards; I believe she was innocent enough of the matter.

When did you see the four guineas and a half? - In Tower-street; I had five guineas; I changed a half-guinea at the Ship in Tower-street.

They were apprehended by your information? - Yes; the watchmen took them in bed together. When we came before the justice, the party I alledged the robbery to have been committed by behaved audaciously.

Was that Hope? - Yes.

Was she searched? - Yes; when they took her out of bed there was nothing found upon her.

From Hope. Had not you been in other company before you was in company with us; with two women, and gave them three-pennyworth? - No, I deny it.

Hope. He wanted to give us a dram; we did not want it, he would give us some.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790707-6

312. ANDREW FEELE was indicted for stealing a silver watch, value 20 s. the property of John Bergdolt , February 2d .

JOHN BERGDOLT sworn.

On the 22d of February, I lost my watch off the mantle-piece in my bed-room. I am a baker in Porters-street, Soho ; I saw the watch afterwards at the Rotation-Office, Litchfield-street, in the hands of Edwards the pawnbroker; the prisoner was my journeyman .

JOHN EDWARDS sworn.

I am a pawnbroker. This watch (producing it) was pawned with me on the 9th of February, by Ann Welling , and redeemed on the 10th of March by whom I cannot tell, it was pledged again on the 15th of March.

How do you know it was the same watch? - By the book; it was pledged both times by the same person.

You are certain it was the same watch? - Yes, I am certain of it.

(The watch was produced in court and deposed to by the prosecutor.)

To the Prosecutor. What do you know it by? - There is a bit broke out of the dial plate. I do not know the number of it.

On what day did you loose it? - The 22d of February.

ANN WINNE sworn.

I lived servant with a Mrs. Panton, at No. 6, King-street. The prisoner used to bring bread to my mistress; he asked my mistress, on the 9th of February, to let me go and pledge this watch for him. I pledged it for 15 s. and brought him the duplicate of it; he redeemed it himself, I believe, he brought a watch to me again to pledge in March; he said it was the same, I pledged it for 18 s. he was arrested at the time. He gave it me before the bailiff, and desired me to get a guinea upon it; I could get but 18 s.

WALTER PETHERICK sworn.

I am an officer belonging to his Majesty's Palace Court. I arrested the prisoner on the 15th of March; he took this watch out of his pocket and gave it to the last witness to pawn, who brought 18 s. upon it.

How do you know it was this watch? - I do not know the watch.

Prosecutor. There was a watchmaker owed me some money; he said business was very bad, and asked me to have a watch of him. I gave the prisoner authority to bespeak a watch of him; I suppose that was the watch he pawned first.

Had the prisoner any liberty to wear your watch? - No; it was sometimes in the bakehouse to shew the time of day, to draw bread by.

(The prisoner was not put upon his defence.)

NOT GUILTY .

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

Reference Number: t17790707-7

312, 313. MICHAEL BRANNON and MARTIN GULLAVAN, otherwise GALLAWAY , were indicted for that they in a certain field and open place, near the king's highway, in and upon Jonathan Marriot , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 4 l. a steel watch chain, value 3 s. a silver seal, value 2 s. and eight pence in monies, numbered, the property of the said Jonathan , May 24th .

JONATHAN MARRIOT sworn.

I am a mason at Hampstead. On Whitsun Monday the 24th of May, between ten and eleven at night, as I was going home from London, about the middle of the second field from Tottenham-court Turnpike , the two prisoners came up to me there were three in company, but only two came up to me.

Did they pass you or meet you? - They met me.

What became of the third? - He was behind, he did not come near me.

When they came up to you what passed? - They did not say any thing to me, they kicked my heels up and kneeled upon my breast, and took my money and watch.

Did they say nothing at all to you? - Not any thing.

Not a word? - Not a word. When they went away one said to the other what they had got, but they did not say a word to me.

Nor did they give you any blows? - No blows only kicked up my heels.

Was you alone? - I was.

Had you ever seen either of the men before? - I thought I had seen one before.

Are you certain who they were now? - I am very certain the prisoners were the persons.

Was it not dark? - No, it was moonlight.

Which do you think you had seen before? - The tallest of the men.

Where had you seen him? - About Kentish Town.

What is he? - I do not know what with regard to his calling.

Did you ever find your watch again? - Yes, it is here, one Boyton has it; the outside case was made about ten days before I lost it.

GEORGE BOYTON sworn.

The prisoners were brought to the watch-house on the 24th of May, between twelve and one o'clock, by Mr. Woodman and Mr. Hatton, who had been robbed. I searched them and found the watch and some halfpence in Brannon's pocket.

Which is Brannon? - The tall one. The chain and seal I found in the other man's pocket.

(The watch was produced in court and deposed to by the Prosecutor.)

To the Prosecutor. What do you know it by? - By the cases and the maker's name. I know the seal by the impression, it is two doves with an olive-branch in their mouths.

SAMUEL HATTON sworn.

I was returning from Kentish Town about twelve at night on Whitsun Monday, I came to the turnpike-house, there I saw Mr. Woodman; he said he had been robbed, and described the persons; I said I had seen them. I went and met them; I let one of them pass me, and laid hold of the other. Some of the turnpike-men came up and we secured the two prisoners; the other got off. We took them to the watch-house, and the last witness searched them and found the things upon them.

BRANNON's DEFENCE.

I had the watch and chain in my pocket all the time.

GULLAVAN's DEFENCE.

I have nothing to say. I know nothing about it.

BOTH GUILTY Death .

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

Reference Number: t17790707-8

312. LUCY JOHNSON (a black) was indicted for that she in the dwelling-house of Hannah Doyle , in and upon Robert Hayes , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, eight half crowns and three shillings and sixpence in monies, numbered, the property of the said Robert , June 5th .

ROBERT HAYES sworn.

Do you know the prisoner at the bar? - Yes, very well. On the 5th of June, while I was looking at a waistcoat at a clothes shop in the middle of Chick-lane ; a woman came up and said she had a waistcoat of her husband's, who was dead, which she could sell me cheap.

What woman was it that came up to you? - I do not know; she was a stranger to me; I went with her to the house of Hannah Doyle , to look at the waistcoat; immedidiately after I got into Doyle's house, the black woman (the prisoner) and another woman rushed in and threw me down and almost throttled me; they rent my breeches, and the black woman took a guinea, eight half crowns, and three shilling and sixpence out of my pocket; when they had robbed me they all ran out of the room, and I ran after them. I can only swear to the black woman. They all of them ran away.

Had you ever seen the prisoner before? - I had seen her two or three times in Chick-lane, but I had never seen any of the others.

What did you do then? - I laid an information directly at Justice Girdler's, and the prisoner was taken up last Thursday by Roberts the constable. I gave a description of her at the justice's. I should know her from a million.

You are sure the prisoner is the woman? - I am.

Did you get your money or any of your things again? - I got nothing again. Somebody came to me and offered to make it up, which I refused.

Who was that? - The woman of the house where the robbery was committed. I believe she was concerned in the robbery, but I cannot positively swear to it.

Did you know this woman by name? - No; I enquired; the name she was known by is Black Lucy.

Did you know her by that name before the robbery? - No; the constable told me that name.

Prisoner. I was in the lane; I saw him come out of the house in a flurry; I asked him what was the matter; he said he had been robbed; we said if he had been robbed he had better go home.

Hayes. She is the woman that robbed me; positively she helped to throw me down on the floor, and it was she that took the money out of my pocket.

SARAH HOWARD sworn.

The prosecutor lodges at my house. It was near one o'clock at noon when he went out; in about a quarter of an hour he came in, in a flurry; I asked him what was the matter; he was some time before he could speak; he then gave me the same account he has given the court. I live in Chick-lane. He was at my house while he was in town; he is a schoolmaster in Suffolk.

PRISONER's DEFENCE.

I am innocent; I know nothing of the the money. He said if he could not find the women that robbed him he would take me into custody till they were found, and if they were not found he would make me pay for all. He said that before the alderman.

To. the Prosecutor. Did you ever say if you could not find the other people that robbed you, that you would make this woman pay for all? - I never said such a word. I swore the truth. I told the alderman I could swear to her, but could swear to none of the others.

GUILTY Death .

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

Reference Number: t17790707-9

314. CHARLES WIGG was indicted for stealing six linen curtains, value 15 s. a pair of linen sheets, value 7 s. a feather pillow, value 3 s. and a linen pillow-case, value 1 s. the property of Joseph Giles , the same being in a certain lodging-room, let by contract by the said Joseph to the said Charles against the statute June 26th .

ANNE GILES sworn.

On the 26th of June, I let to the prisoner a single room, furnished, at half a crown a week. The things mentioned in the indictment were in the room; he stayed there two nights; the last night I saw the goods in the room before he went to bed; he went off about four o'clock in the morning, and was never heard off till he was taken; then the goods were missing.

JOSEPH GILES sworn.

I was not present at the letting of the lodging; I remember the prisoner lodging there; I saw the things in the room over night, when the prisoner went to bed about eight o'clock; the prisoner went out about four o'clock in the morning; I went into the room; the things were missing; we took the prisoner afterwards in a new lodging, which he had taken.

MARY WILSON sworn.

The prisoner lodged with me at this time; he was absent the very two days that he lodged at the prosecutor's.

PRISONER's DEFENCE.

I never did take the lodging; I know nothing of these people.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17790707-10

315. HARY JACKSON was indicted for stealing a piece of thread lace, containing twenty yards, value 3 l. the property of Charles Pearson , June 3d .

WILLIAM BOSWORTH FARN sworn.

I am servant to Mr. Pearson, who is a haberdasher in Fleet-street . The prisoner came on the third of June to our shop, and asked the price of a piece of lace that hung in the window; I told her the price; she thought it too dear; I said I had several others that would come lower. Being engaged with a customer, I put down a box, and called a young man lately come to the shop to attend the prisoner. He turned his

back upon the woman; and at the same time I saw her take a piece of lace and put it under her cloak; I went immediately to her and asked her if there was any lace that would suit her; she said no; she went out; I followed her and brought her back. The lace was concealed under her clock under her arm. She had a child in her arms.

From the Prisoner. How could you see me take it? - I had my eyes on her all the time the young man was serving her. As she was a stranger I thought it was possible she might attempt something of the kind.

SAMUEL PEARSON sworn.

I am brother to the prosecutor. I saw the last witness bring the prisoner up the shop, by the arm; I asked him the reason; he said she had stolen a piece of lace. He turned her cloak back and took the lace from under her arm. I saw it under her arm.

Do you know that to be your brother's property? - I do.

To Farn. Do you know it to be your master's property? - I do.

PRISONER's DEFENCE.

I am innocent of it. I was out of the shop door; he called me back; I asked him what he wanted; he said I had stolen a piece of lace; I looked down and saw a piece lying by the compter; there were witnesses in the shop, who know he found nothing upon me. He said he had been robbed of a great deal, and he would punish me for the rest.

For the Prisoner.

GEORGE BOUNDS sworn.

I am a peruke maker. I have known the prisoner ten years; she is the daughter of Mr. Davis, a waiter by employment, and a worthy honest man. Her character is as fair as ever I knew that of an honest person. I believe this is the first crime that ever she was guilty of; and I rather suppose it was through necessity she did it.

THOMAS BUSTARD sworn.

I am a shoemaker. I have known the prisoner from a child; I never heard any thing bad of her till this affair.

Is she a married woman? - I believe she is.

WILLIAM SIMPSON sworn.

I am a waiter. I have known the prisoner from a child; she always bore a very honest character; her husband was pressed a year and half ago; he was a Glass-grinder.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-11

316. WILLIAM HUSTON was indicted for stealing two silver table spoons, value 10 s. the property of Samuel Durham , July 3 d .

SAMUEL DURHAM sworn.

I keep the Stock Exchange Tavern . The prisoner was my porter . Not being able to do my business, I told him he should stay only till he got another place. He got a place, which he was to go to on Monday. He went away from me. On the Saturday night after he was gone, counting up the plate, I missed the spoons mentioned in the indictment. In consequence of an advirtisement I found them at a pawnbroker's near St. Giles's.

JOHN HOWLET sworn.

I am a pawnbroker. The prisoner came to my shop on Saturday night between eight and nine o'clock, and offered to pledge two silver table spoons. I asked him if they were both marked alike; he said they were; I looked and found they were not. I stopped him, and advertised the spoons on the next Tuesday.

(The spoons were produced in court and deposed to by the prosecutor.)

(The prisoner did not say any thing in his defence.)

GUILTY B .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-12

317. BENJAMIN MOORE was indicted for stealing six linen waistcoats, value 12 s. four linen shirts, value 12 s. four muslin neckcloths, value 3 s. two linen stocks, value 1 s. three pair of worsted stockings, value 5 s. a pair of cotton stockings, value

3 s. a linen cap, value 6 d. a linen apron, value 6 d. a muslin handkerchief, value 1 s. three cloth coats, value 3 l. a pair of silver knee buckles, value 5 s. &c. the property of John Kennedy , in the dwelling-house of the said John .

JOHN KENNEDY sworn.

I am a porter at the India-House. I live at No. 3. Cock-court, Fleet-ditch . On the 9th of June I lost the things mentioned in the indictment out of my house, I can only speak to the property; they are all here.

MARTHA KENNEDY sworn.

I am the wife of John Kennedy ; we live on the ground floor. The things mentioned in the indictment were in a chest of drawers between the window and the bed. I went out about seven in the evening, and returned in about ten minutes or a quarter of an hour at most. There is a great gate; as I came in I saw a man sitting down at the door; I said it was an indecent place to ease himself in; I staid till he came away. When he had buttoned up his breeches the prisoner came over the gate, upon which I looked in at the parlour window and saw the drawers were all open; I clapped my hand on the prisoner, and said he had robbed me; he gave me a knock and ran away; I cried stop thief! and Mr. Distan pursued him and took him by the wooden rails at Fleet-ditch. There was a pair of silk stockings found upon him; I then went in and missed all the things mentioned in the indictment.

RICHARD DISTAN sworn.

On the 9th of June, in the evening, as I was standing at my door I heard Mrs. Kennedy cry stop thief! I turned round and saw the prisoner run out of the court; I pursued him and brought him back, and found upon him a shirt, a muslin apron, a muslin handkerchief, and a pair of silk stockings.

(They were produced in court by Thompson the constable, who took them out of the prisoner's pocket, and were deposed to by the prosecutor.)

Distan Mrs. Kennedy said there were other things missing. I asked the prisoner about them; he said we should find them in the yard; I found them in a bag on the dunghill, almost covered over.

(They were likewise produced in court and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I was going through this court, I thought it was a thoroughfare; I saw these things lying in the court, and put them in my pocket; Mrs. Kennedy laid hold of my collar; I asked her what she wanted; she said her house had been robbed; I ran down the court and called stop thief! and the man stopped me.

For the Prisoner.

MARTHA WALKER sworn.

I have known the prisoner ten years; I never looked upon him any otherwise than as a sober, honest, industrious boy.

ELISABETH NEWMAN sworn.

I have known the prisoner six years, he has been a sober, honest lad ever since I knew him.

SARAH THOMPSON sworn.

I have known the prisoner ever since he was born almost, he is a very honest lad.

Guilty of stealing to the value of 39 s.

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17790707-13

318. MARY the Wife of DANIEL MYERS was indicted for stealing 34 yards of thread lace edging, value 3 l. 8 s. the property of Jemima Norris , spinster , privately in the shop of the said Jemima , June 18th .

JEMIMA NORRIS sworn.

I live in Long-acre . On Friday the 18th of June between nine and ten o'clock in the morning I was called into my shop, the prisoner was in the shop looking over the thread lace edging box. When I came into the shop she asked for some blond edging; I shewed her some, and she had a yard and a half cut off, and she bought a yard and a half of blue twopenny ribbon; she then begged me to cut her out the pattern of a bonnet; that she was going a little farther, and would return for it in a few minutes.

Did she return? - She did not; some little time after, this piece of lace was missing.

Did not you miss it while she was there? - No, the pieces were put into the box together, and we did not take notice then.

What did you miss? - A piece of thread edging thirty-four yards.

What was it worth? - Two shillings a yard.

Did you ever find any of it again? - No.

How are you sure it was there when she was in the shop? - A person in the shop showed it to her, I do not know it of my own knowledge.

ANN COLPAS sworn.

I am servant to Miss Norris. The prisoner came into the shop, and asked to see some lace; I showed her some; this was the only remarkable piece; it was loose; all the rest were on cards. When I showed her this lace, she said it was too good for her; I showed her some not quite so good; she said she wanted a piece about fourteen pence a yard; then I called Miss Norris.

How soon after she was gone did you miss the lace? - About an hour; it was wanted, and I could not find it; I had left the shop a little time, Miss Norris continued in the shop.

To Miss Norris. Who had been in the shop from the time Ann Colpas showed this lace till it was missed? - Only a person for a halfpenny worth of needles; I was in the shop the whole time.

Was she near the place where this lace was kept? - No, she was only at the door; she saw me with the needle boxes, and asked for four needles; I served her, and she went away immediately.

Cross Examination of the Prosecutrix.

At what time of the morning was it that this woman was in your shop? - Between nine and ten o'clock in the morning on the 18th of June.

Are you both satisfied that that was the time.

Norris and Colpas. Yes.

This woman was searched at Sir John Fielding 's, and nothing found upon her? - Yes.

She said she could prove where she was all the day, and offered to produce witnesses? - I do not remember.

To Colpas. Do you remember she said she could prove where she was all that day, and offered to produce witnesses. - She gave such an account, whether it was proper or not, I do not know; there were persons there to appear for her.

This woman was at large from Friday till the Wednesday after this charge was made upon her, and then came voluntarily to answer it? - She was there on Wednesday; whether she was bailed or no I cannot tell.

I ask you both whether she was at large?

Miss Norris. She was bailed, I know. Did not she appear voluntarily on Wednesday? - She was there; I heard she was bailed; Sir John Fielding 's man told me, that Mrs. Morgan bailed her.

JOHN HAYWOOD sworn.

I saw the prisoner in the shop in the morning.

You are certain you saw her there? - I am certain; I think it was after nine o'clock in the morning; I lodge at Miss Norris's; I was going through the shop; I saw a person in the shop; she turned and looked at me; she had some lace in her hands; I am positive it was the prisoner.

To Miss Norris and Miss Colpas. Did you ever see her before?

Miss Norris. I have seen her in the shop many times before.

Miss Colpas. I cannot say I ever saw her before.

To Haywood. Did you ever see her before? - No.

Did she appear to be disguised? - I do not know that she did.

For the Prisoner.

JAMES LONG sworn.

Where do you live? - At Rotherhithe. Do you know the woman at the bar, Mrs. Myers? - I do.

Do you know her husband? - Yes, I do.

Have you known her some time? - I have known her ever since the beginning of

April last, and her husband some time before; he is employed by government to enlarge a water for working a mill.

Do you know whether you saw Mrs. Myers, and her husband at Rotherhithe on Friday morning the 18th of June? - I am very positive of it they slept at my house on Thursday the 17th of June.

In the morning where did they breakfast? - In my house.

At what time did they quit your house? - About ten o'clock in the morning, a few minutes over or under.

The Daughter of Mr. LONG sworn.

Do you remember the prisoner being at your father's house on the evening of the 17th of June? - Yes.

They slept there? - They did.

At what time did you go up to call Mrs. Myers? - At twenty minutes before eight o'clock; she ordered me to go up at half after seven; I neglected it, and made it twenty minutes before eight o'clock when I went up.

At what hour did she come down to have her breakfast? - At nine o'clock.

Did her husband breakfast with her? - He did.

Did any other gentleman call upon her there? - Yes, Mr. Isley; he went a little way with them, and took leave of them a little before they came to the water-side.

At what time did they go away? - At ten o'clock; I saw the clock when I went to call her, and calculated the time from that time.

And you are positive as to the hour of ten being the time she left your house. - I am very positive of it.

MARY NASH sworn.

I live near to Mr. Long; I live in his rents.

Do you remember on Friday morning the 18th of June at any and what hour seeing Mrs. Myers, her husband, Mr. Isley? - I saw Mrs. Myers about a quarter after nine o'clock, she had breakfasted then; she had her night-cap on; she went and put on her cap; the last time I saw her was going out of the gate about five minutes past ten o'clock.

You are positive that was the time? - I am.

WILLIAM MYERS sworn.

Do you remember on Friday morning to have seen Mrs. Myers, at Mr. Long's house? - Yes; at nine o'clock, and at ten o'clock.

Was you in company with them? - Yes, for an hour.

At what time did Mr. Isley, her husband, and her, leave Mr. Long's house? - An hour.

That brings it to ten o'clock? - Yes.

And she went with Mr. Isley to see after a publick-house? - She did.

WILLIAM DINT sworn.

I am a waterman; I ply at Cherry-Garden stairs.

Do you remember on Friday morning the 18th of June, plying Mrs. Myers and Mr. Isley? - Yes, it was, as nigh as I can guess, a quarter after 10 o'clock, I rowed them to Billingsgate.

Was the tide with you or against you? - It was against both wind and tide.

At what time of day did you get to Billingsgate? - Some time within ten minutes of eleven o'clock; I landed them there not being able to go through bridge with them.

JOHN POOR sworn.

I am a waterman.

Do you ply near London Bridge? - I do.

Do you remember taking Mrs. Myers, the prisoner, into your boat on the 18th? - I do.

Court. How came you to know it was the 18th.

I was going up to Hungerford without this lady; I happened to ply the gentleman and lady; I asked the gentleman if he would give me 6 d. rather than stay, the gentleman said he would. I rowed away against wind and tide; when I came up the clock struck twelve; I was near an hour in rowing against wind and tide.

It was twelve o'clock when you landed her at Hungerford Stairs? - Yes, it was.

Court. How came you to know it was

Friday? - I did not work on Saturday nor Sunday; on the Tuesday this man came to me, and asked me if I remembered carrying such a fare; I said, I did.

Counsel. I believe you went before the justice? - I was asked to go, but I could not go.

JEREMIAH ISLEY sworn.

What time of the morning was it that you set off with Mrs. Myers from the house of Mr. Long at Rotherhithe? - About ten o'clock on Friday morning the 18th of June.

Be so good as to recount the progress you made from thence to town, and the different places you were at? - At about ten o'clock we set off from Mr. Long's; we took a boat at Cherry-Garden Stairs; that waterman carried us to Billingsgate; there he set us on shore; that was near eleven o'clock. We walked from thence to the Old Swan; there I took another boat, he conveyed us directly up to Hungerford Stairs. We walked up St. Martin's Lane to the house we were going to take, the King's Arms, the corner of Hog-Lane; I was never out of her company all that time; we got to the publick-house between twelve and one o'clock.

Then from nine in the morning till near one o'clock you never had been out of her company? - Not five minutes. At one house she went into, in the market, she went backwards, and I had a dram at the bar; after that we proceeded together to Hog-Lane; we got there between twelve and one o'clock; we did not stop at the publick-house five minutes.

Court. What are you? - I have been a publican many years, but have left off.

Counsel. You went to see if this publick-house would answer? - We did.

You have known her some years? - Yes.

What character does she bear? - A very good one.

You remember her being charged with this fact? - I was with her at the time.

She was searched? - Yes; over the way at the Bear.

There was no such piece of lace found upon her, was there? - No.

I believe you may know that she then told the same story you have been telling now before the Justice? - She did.

Court. Was there any bail given for her? - No.

On Wednesday she returned again before the Justice? - She did.

Had she all the watermen there that she has to day to give the evidence for her. - There were a great many witnesses there, and I was there.

Did she not give the same account there that she has given now? - She did.

You was in her company all the morning? - I was.

(The counsel for the prisoner proposed to call witnesses to the character of the prisoner, but the court and Jury declared themselves perfectly satisfied without examining any more evidence.)

NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. JUSTICE NARES.

Reference Number: t17790707-14

319. MARY WHITEMAN was indicted for stealing a silver watch, value 40 s. the property of Jonathan Stables , privily from the person of the said Jonathan , June 20th .

JONATHAN STABLES sworn.

On the 20th of June I went to the other end of the town; I lost my watch between the hours of ten and eleven o'clock.

Where? - I cannot be certain of the place; I was in the prisoner's company.

Where was you certain you had it last? - In St. James's Square.

At what time? - In the morning.

How soon did you find it missing? - Not till after I had come from this Mrs. Mary Whiteman 's; then I found it missing; and I could not tell whether she had it or not.

Where did you see her? - To the best of my remembrance, I met her in Brewer-street, Golden-square.

Did you go any where with her? - To the best of my remembrance I was in Peter-street, Carnaby Market , at one Mr. Martin's.

With the prisoner? - Yes.

You went from Brewer-street with her? - To the best of my remembrance I went to that house; she conducted me there.

Had you ever seen her before? - No, never.

Cannot you tell with certainty where you went? - To the best of my remembrance I went into Brewer-street. Whether I had got my watch with me then or no I cannot say. When I came from her company I missed it.

Has it been found since? - It was advertised, and I applied to the advertiser.

Did the prisoner lodge in James-street, Carnaby-market? - I do not know, I never saw her before, and have only seen her once since.

How long did you stay there? - To the best of my remembrance, half an hour.

How soon did you find your watch missing? - As I was coming down from her, when I left her company I missed it; whether I lost it before or no, I do not know.

Did you miss it before you got out of the house? - It was as I was coming from the house, before I got out of the house, I missed it; I enquired if she had got it; she said she had not. I then suspected I had left it at another place which I had been at.

Was you in liquor? - I cannot say that I was really solid, if I had I should not have been guilty of such a thing.

At what time in the morning was it? - Between ten and eleven o'clock.

JOHN EDWARDS sworn.

The prisoner at the bar, on Saturday the the 20th of June last offered this watch to pledge with me; having a suspicion that she came by it dishonestly, I stopped it, and advertised it the Tuesday following, when this gentleman owned it as his property.

(The watch was produced in court and deposed to by the prosecutor.)

To the Prosecutor. I suppose you was upon the bed with her? - I do not know that I was; I believe I was not; I cannot be positive.

Was you in any situation that the watch might drop out? - It might be, but I cannot tell.

Prisoner. I desire to ask the pawnbroker whether I brought that watch to his master's house?

Edwards. She is the person.

Court. Had you ever seen her before? - Yes; and am positive to her person; she had, not five minutes before, brought a shirt to pledge. She came from a publick-house opposite us to bring the watch to pledge.

To the Prosecutor. Are you certain that this is the woman you picked up in Brewer-street, and went to Peter-street, in Carnaby-market with? - I am; and do swear she is the person I was with.

PRISONER's DEFENCE.

I met that gentleman in Brewer-street; he asked me to go with him to a house in Gravel Pits, Carnaby-market; I went with him; we were together the space of half an hour; we had a quartern of brandy together; he laid on the bed; when he got up he missed his watch; he had me searched to my shift before the master of the house; then he went away contented, and said he believed he had left it behind him elsewhere. After this I went to make the bed, and found the watch. That was after he was gone.

NOT GUILTY .

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

Reference Number: t17790707-15

320. THOMAS BRANDON was indicted for stealing 42 lb. wt. of lead, value 7 s. the said lead being the property of John Nash , and was affixed to an empty house , the property of the said John Nash , against the statute, May 26th .

EDWARD WATKINS sworn.

I am foreman to Mr. Nash, and overlook the building of some houses at the upper end of Russel-street , that comes into Bloomsbury-square. We missed great quantities of lead from these houses, to the amount of near 300 lb. wt. we never discovered who were the persons that had taken it, till at last one Joseph Turner gave me an account that he

was coming home about eight at night on the 26th of May, and saw the prisoner throwing some lead up the area at the corner house of Bloomsbury-square.

JOSOPH TURNER sworn.

I did not observe at first what it was because it was covered with a coarse cloth; I followed him to Bloomsbury-market; there he took the cloth off it and I discovered it was lead. He took it up again and carried it along. I said to him, How came you by that lead? he said I had no right to ask him for it was his own lead. I said I could find a better owner for it than he was, and took him into custody. When he was in custody, Mr. Watkins, Mr. Nash's foreman came and claimed the lead as belonging to Mr. Nash. It was a whole piece of lead. I took the dimensions, and found it answered in point of measure; then I desired it might be more certified as to its being the lead coming off that house; I took it up to the house and compared it with the nail-holes where it was fastened, and it exactly corresponded with those holes.

PRISONER's DEFENCE.

I found it in the area.

GUILTY .

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

Reference Number: t17790707-16

321. ELISABETH REYNHOLDS was indicted for stealing a silver watch, value 21 s. the property of Thomas Hill , May 27th .

THOMAS HILL sworn.

On Thursday night the 27th of May last, I was robbed by the prisoner.

At what time of the night? - I cannot tell; in the course of the night.

Did you sleep alone? - I went to bed alone.

Did any body sleep in the room with you? - Not that I know of.

Had you the watch when you went to bed? - Yes, I put it under my bolster when I went to bed.

At what time did you find it gone in the morning? - It might be between six and seven.

What reason have you to suppose the prisoner took it? - When I waked in the morning I saw the prisoner in the room. She went out directly afterwards.

Did she sleep in the house? - I learned afterwards that that was her apartment.

Had you known her before? - No; I staid in the room till she returned, then I charged her with robbing me; missed my silver shoe and knee buckles, my money out of my pocket, and my watch. She seemed not pleased when she came back, at finding me in the room; I charged her with robbing me. At first she denied it, but afterwards she produced me my shoe and knee buckles, and said she hoped I would be contented; I charged her with my watch and money; she would not own to the taking of them; I went home and put some money into my pocket, and came back again to her apartment. There were some of her neighbours in her room when I came back. She sent them out of the room and shut the door and fastened it. She came to me then with seeming compunction for using me so ill, and told me she had taken my watch and pawned it for a guinea; and that if I would let her have as much money as she had spent of that sum, she would go directly and fetch me the watch. I gave her a crown towards the redemption of it; I did not mean to proceed any farther, if I got my watch. She went out, and would not let me go with her. Instead of redeeming the watch, I found her a little after spending that crown at a publick-house. I made a demand again of my watch; she made game of me, and asked me for more money. I went to one Master's, a pawn-broker, between the Bull and Gate and Little Turnstile, Holborn. I described my watch, and it was produced. His shopman, John Morley , who is here, said he had given her a duplicate upon it, which she would never own to the receiving of till the constable took her into custody, and then it was found in her bosom in my presence.

JOHN MORLEY sworn.

I took in a watch in pledge on the morning of the 28th of May of the prisoner.

(The watch was produced in court, and deposed to by the prosecutor.)

Morley. This duplicate (which was produced by the constable as found upon the prisoner) was what I gave her; she said the watch was her husband's, it was pawned for a guinea.

PRISONER'S DEFENCE.

That gentleman met this girl and I as we were going up Holborn; he asked if we could direct him to a lodging, he had no money but twopence halfpenny; he sent out his silver buckles to get something to eat and drink. In the morning he wanted his buckles; he said he could not go home without them; I pawned his watch, and redeemed his buckles, and gave them to him, and I gave him his change. After that he came in and wanted his watch; he flung the duplicate at me, because he said he had no money to fetch it; he came again, and I gave him his duplicate.

Court to the prosecutor. Did you give her the buckles to raise money upon? - No, neither buckles nor watch.

For the prisoner.

MARY WHEELER sworn.

The prisoner lived servant with me, three years, at No. 6, New Bond-street; she left me last January; she bore an honest character while with me, and behaved well in my service; she nursed a child for me.

GUILTY .

Tried by the First Middlesex Jury before Mr. JUSTICE BULLER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790707-17

322, 323. SARAH HOLT and MARTA CARTER were indicted for stealing a red Morocco pocketbook with a silver clasp, value 5 s. an ivory leaf memorandum book with a silver clasp value 5 s. a promissory note for 20 l. and another promissory note for 18 l. the property of Francis Lester , in the dwelling-house of George Bebb , June 29th .

FRANCIS LESTER sworn.

Did you lose a memorandum book at any time? - I had it upon the 29th of June last, I lost it in Sarah Holt 's lodging.

At what time was you there? - Between the hours of eleven and twelve at night, on the 29th of June.

Are you certain you had them when you went there? - I am very sure of it.

How long did you stay there? - Rather better than three quarters of an hour. I came from Hammersmith in a post-chaise to the White Horse cellar and had a little box tied with a cord in my hand, easy for any person to carry; going along the street near York-buildings, I met Sarah Holt ; she asked me where I was going; I said to Bull-Head-court, Newgate-street, where I live, She asked me if I would go with her; I asked her if she lived far; she said no, she lived in Vine-street, Chandos-street . I went with her to her lodgings; she told me there that the other prisoner was her servant; I agreed to lie with her; she was going to supper; she asked me if I would have any supper; I informed her I had supped; then said she you will give me leave to sup, if it is agreeable to you you may go to bed and I will come to you presently, upon which I stripped off my clothes and got into bed; I put my coat and waistcoat on the back of a chair in the bed-room, which was adjoining to the room where she was at supper with the other prisoner. I waited some time, but she did not come. The same candle gave light to both rooms. I asked her if she would come; she said she would presently; in the interim she came twice into the room; it could not be half a yard, I suppose, between one room and the other. I saw her come into the room a second time. I saw Sarah Holt

meddle with my coat and waistcoat; I asked her what business she had to meddle with my coat and waistcoat; she gave me no answer; I then had a suspicion, upon which I got up and put my breeches on, which were before under my head; I went to my coat and waistcoat, and my pocket-book was gone.

Was your pocket-book in your coat pocket? - I had the same clothes on that I have now; it was in the inside pocket of my coat; the memorandum book was in the same pocket; they were both gone together, with a toothpick-case I had in my waistcoat pocket, the toothpick-case was found the next day in a place they put their coals in, in their lodging. I charged her with taking my things; she then gave me a multiplicity of words, of blasting and swearing, and said I should not stay there; I said if she did not discover the pocket-book to me I would call the watch. Finding she would not discover where the pocket-book was, I lifted up the sash and called out for the watch; four or five patroles I believe came; they felt about her with her clothes on, but nothing could be found, neither pocketbook, memorandum book, nor toothpick-case. I then directed the patrole to go for a constable, which they did. The constable came and I gave charge of the two prisoners; they were carried to St. Martin's-lane-watch-house; the next day, Wednesday, the 30th of June, they were committed by the justice.

Was the pocket-book found again? - I have never seen any thing like it nor any of the contents; unfortunately the note for 18 l. belonged to a client of mine, which he gave me to sue for; I sued out a writ upon that.

You are certain you had your pocketbook and toothpick-case in your pocket when you went into her lodging? - I am very sure I had, because it was so near my breast I know it.

Sarah Holt . At the time he accused me of this he wanted to go to sleep with me, to make me a present of a guinea and half. When the publican brought in the beer, he had only four bad shillings and two bad sixpences; I took out a guinea and said I would pay for it; he said he had in this box 200 l. in property; that he believed me to be an honest woman. Please to ask the gentleman whether he did not offer this poor servant of mine half a guinea to lie with her; he said he thought that I had the soul distemper upon me.

Did you offer to give the other woman any money? - I did.

What was that for? - I told Sarah Holt that as they had but one bed, and as I wanted no connection with her for a very particular reason (I had searched her, and was of opinion I should injure myself, if I had any connection with her) I would give her a guinea that she should not be baulked, and I would give the other half a guinea to lie with her.

From Holt. Whether I gave the charge or he; four watchmen and a constable searched my lodging.

Court. Who called the watch? - I did; I wanted to search farther in the premises myself before ever I called the watch. Sarah Holt pinched the small part of my arm; I am very black to this moment; she kicked me, in order to prevent my searching for the book.

Court. Had she an opportunity of going out of your light? - I believe for twenty minutes at least.

GEORGE BEBB sworn.

I heard one of them call watch; I am not certain which; I thought it was Sarah Holt . I opened the door to let the watch in; and all this search was before my face; nothing was found. The next day the constable was sent for by Mr. Lester in the morning; he said, the gentleman is not satisfied with what has been searched last night, I should be obliged to you if you will come up stairs; let you and I search. We went up; and in the coal-hole. I found this tooth-pick case; I laid it on the table, and I never saw it afterwards.

What situation is the coal-hole? - Just under a closet in the room.

Holt. I was struck several times by the gentleman; when he found I would not go to sleep with him, he said I had robbed him; I said you say you have two hundred pounds in that box; let me beg before the door is opened, that the watch may be called. When

the watch came, I begged I might fetch the constable of the night; the gentleman was rather in liquor when I met with him. I beg your Lordship will enquire whether he is a man that bears the character to be possessed of one hundred pounds, when they would not trust him with a stage-coach.

Prosecutor. This black eye she got while she was in Bridewell; she never had any blow from me.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. JUSTICE BULLER.

Reference Number: t17790707-18

323. ELIZABETH BUNYAN was indicted for stealing a flowered sattin sacque, value 10 s. a cotton gown, value 5 s. a woman's silk hat, value 2 s. a silk cloak, value 2 s. and one white quilted petticoat, value 5 s. the property of Isaac Garshar , May 11th .

(It appeared on the evidence that the goods stolen were the property of Mrs. Abigail Garshar , the mother of Isaac Garshar , and not the property of the prosecutor.)

NOT GUILTY .

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

Reference Number: t17790707-19

324. THOMAS HUME was indicted for stealing a silver watch, value 30 s. a steel watch chain, value 3 d. a base metal watch key, value 1 d. and a stone seal, set in silver, value 6 d. the property of John Jenkins , May 20th .

ANNE JENKINS sworn.

I am the wife of John Jenkins ; we keep a publick-house in Upper East Smithfield ; I was going out of my own room into the club-room; I had things in my hand; I laid the watch down on the second step of the two-pair-of-stairs; while I opened the door; my husband called me; I ran down and forgot the watch; I served a quartern of gin; then I thought of the watch, and ran up stairs, but it was gone; I looked through the keyhole into the prisoner's room, but saw nobody there.

How long was you down staias before you thought of the watch? - About five or six minutes.

Was the prisoner in the house at the time? - I cannot tell; he has owned that he took the watch off the stairs; I did not see him till eight o'clock at night; this was between twelve and one; he was there in the morning; I cannot tell what time; I believe he went out about eight or nine o'clock. (The watch was produced.) That is my husband's watch; his name was on the dial-plate; it is scratched out.

Do you know it by any thing else? - Yes, by the number; I am very sensible it is the watch.

Did you hear him say he took the watch? - Yes.

Where? - Before the Justice; when I taxed him about it, I said I would give him half a guinea if he could tell where it was, and if he had pawned it, I would redeem it; he said he knew nothing of it; he told my chairwoman so; I did not hear it myself.

Cross Examination.

How long has the prisoner lodged at your house? - He came the first day of March.

You did not see him in the house the day this watch was lost from eight o'clock in the morning till eight at night; and this was between twelve and one o'clock? - Yes.

How do you know that watch from any other watch? - By his name upon the dial-plate.

But there is no name upon the dial-plate? - He has scratched it out.

Is there any other mark you know it by? - I cannot say I know it by any thing but the number; I am sure it is the watch.

What do you know it by else? - I think I have given a plain account of it; there was a silver seal to it; he has sold that from it.

JOHN DENBIGH sworn.

On the 25th of May I had been to Kentish Wells; coming back over the fields, I met the prisoner; we called in at a publick-house, and had a pint of beer; he told me he had had a misfortune, that he had lost two guineas in Wapping the night before. He then put his hand into his waistcoat pocket, and pulled out a watch; he said he would sell it to make up the money; he said it was his own; he had had it seven years. I cannot swear to

the watch. As he was determined to sell it, I told him I would endeavour to help him to a customer. We went to a stable-house, and asked some of the post-boys to buy it; they would not. We took it to a pawnbrokers; he asked twenty-five shillings upon it; the man hesitated a little, and then said he must go to the Rotation-Office; and a constable came in and took him; I went with him to the Rotation-Office.

You never heard him own he took it out of the house? - No.

JAMES ALDERS sworn.

I am a pawnbroker in Berwick-street, Oxford-street. On the 25th of May, the prisoner brought this watch, and asked twenty-five shillings upon it. I looked in the book, and saw it was advertised the day before. I asked him how he came by it; he said it was his own; that he bought it at Manchester, and gave five guineas and five shillings for it eight years before; I said it was very surprising that he should have had it eight years, and yet it was exactly described in the paper the day before; he said he did not know as to that. Upon that I said he must go to the Rotation-Office; it answered the advertisement in the christian name, sirname, place where it was made, and silver watch cock and steel chain.

For the Prisoner.

Capt. ALEXANDER EDWARDS sworn.

I am an officer in the fifty-third regiment; I have known the prisoner going on four years; he came from Ireland to me to Aberdeen as a drum; for his good behaviour I made him a corporal ; he always behaved himself extremely well. I have supported him, because I looked upon it as a vexatious charge; I have entrusted him with the value of twenty pounds sterling at a time; I always found him an honest man.

JOHN ANSON sworn.

I am a serjeant in the fifty-third regiment; the prisoner has been ten years in the regiment; he has borne an extraordinary good character.

ABRAHAM ALLPORT sworn.

The prisoner has been in the regiment ever since the year 1769; he always bore a good character.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790707-20

325. ELLIS MORRIS was indicted for stealing two wooden boxes, value 2 d. six linen sheets, value 6 s. seven china basons, value 7 s. two china punch-bowls, value 5 s. two linen table-cloths, value 4 s. two linen pillow-cases, value 2 s. four pictures, value 2 s. a gold ring set with garnets, value 7 s. one silver penny, two silver twopences, two silver groats, a china milk-pot, value 6 d. and two lb. wt. of tea, value 5 s. the property of Ann Hall , widow , in the dwelling-house of Thomas Lambord , May 29th .

ANNE HALL sworn.

I lodge at the Black-Horse in Tottenham Court-Road , with one Thomas Lambord ; I go out a washing ; I lost the things mentioned in the indictment (repeating them) out of my apartment; I saw them there on the Sunday; I missed them on the Saturday following.

You was absent the whole week? - Yes.

Who did you leave in the lodging? - No body.

Did you leave it locked? - Yes, I am very sure.

Did you find it unlocked when you came back? - Yes; I missed all the things; I found some pledged, and some sold; the people are here that have some of the things.

LAURENCE LEMUEL sworn.

I am a shoemaker. I bought these two basons from the prisoner eight weeks ago next Saturday; I gave sixteen pence for them; he said a friend at Deptford on board a ship gave them to him.

Are those the only things you had of him? - Yes.

(They were produced in court, and deposed to by the prosecutrix.)

JOHN ALDRIDGE sworn.

I am a carpenter and broker. I have a candlestick and a picture; I cannot say whether

it was the prisoner I had them of, it is so long ago, I cannot remember.

THOMAS LAMBORD sworn.

My nephew found the prosecutrix's door open one night between eleven and twelve o'clock.

What day was that? - On a Friday. I sent to the prisoner the next day; it was about six weeks or two months ago.

You did not find the doors open yourself? - I went up with another person to see if there were any thieves in the house, and saw the door open.

PRISONER's DEFENCE.

I am innocent.

(The prisoner, who was a soldier , called the serjeant of his regiment, who said he had been in the regiment about a twelvemonth, and bore a good character.)

GUILTY of stealing to the value of 10 d.

Tried by the second Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17790707-21

326. WILLIAM DEERWOOD was indicted for stealing a silver watch, value 20 s. a base metal watch key, value 1 d. a half-guinea and a half-crown, in monies, numbered , the property of John Pardon , May 30th .

(The prosecutor was called, but did not appear.)

NOT GUILTY .

Reference Number: t17790707-22

327, 328. RICHARD EVANS and ROWLAND JONES were indicted the first, for stealing seventeen lb. wt. of Jesuits bark powder, value 15 s. three lb. wt. of calomel powder, value 10 d. and eight lb. of red precipitate powder, value 10 s. the property of Thomas Jones , and the other for receiving the above goods, well knowing them to have been stolen against the statute, &c. June 1st .

(There was no evidence to affect the prisoner Jones, but a confession of the principal, which had been obtained under a promise of favour, and therefore was not admitted to be given in evidence. It appeared that Richard Evans had voluntarily made a confession of having stolen those goods, and having given them to Rowland Jones . The prosecutor gave a very good character of Jones.)

EVANS, GUILTY of stealing to the value of 10 d.

JONES, NOT GUILTY .

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

Reference Number: t17790707-23

329. ELIZABETH RICE otherwise BROWNE otherwise M'DONALD , was indicted for stealing a linen coat and breeches, value 1 s. a small linen shirt, value 18 d. a brass candlestick, value, 6 d. and a linen shift, value 4 d. the property of Thomas Spencer , June 11th .

ELIZABETH SPENCER sworn.

I am the wife of Thomas Spencer ; I lost the things mentioned in the indictment (repeating them) out of my apartment on the 12th of last month. I went out to work in the morning; I came home to fetch something about two in the afternoon; I went in, and left the key on the outside; when I came out the key was gone. I tied the door with a string. When I returned at night I found the door open, and the things gone.

(They were produced in court, and deposed to by the prosecutrix.)

Prosecutrix. I bought this shirt to breech my child; my child has a bad head; I rubbed it with stuff to cure it; there is the mark of the stuff on the shirt.

Are you certain to the other things? - Yes, but the candlestick is not here.

ANNE PINCHBECK sworn.

I am a pawn-broker; the prisoner offered to pledge the things with me the 12th of last month; I suspected her, and stopped them, and advertised them.

Are you sure the prisoner is the person that brought them? - Yes.

PRISONER's DEFENCE.

One M'Donald, an old-clothes woman, asked me to go with her to pawn the things.

I abused the pawnbroker, because she had lost a gown of mine. She took me up on the Tuesday following, and said it was for abusing her; they were M'Donald's things; she knows M'Donald very well; I know nothing of it; it is very hard I should be confined in gaol.

GUILTY of stealing to the value of 10 d.

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

[Whipping. See summary.]

Reference Number: t17790707-24

330. STEPHEN JENNET otherwise JALLATTE , was indicted for stealing a silver watch, value 30 s. a steel watch chain, value 3 s. a steel watch key, value 2 d. and a stone seal, set in gold, value 5 s. the property of William Barnett , May 24th .

WILLIAM BARNETT sworn.

On the 23d of May last I lost my watch. The prisoner, who is a barber , came to dress a lady's hair who lodges at my house, on the 23d of May, about eight o'clock in the evening. He went up stairs to the lady, who was in a room opposite my bed-room, where the watch was hanging at the bed's head. I saw it there between five and six o'clock that evening. When I went to bed at ten o'clock the watch was missing; immediately it occurred to me, that there had been nobody up stairs but the prisoner, and I had a suspicion of him. I got up at four o'clock the next morning, and went to his lodging and examined him, but did not search him; he was to come at eight o'clock to dress the lady; he did not come; that gave me a greater suspicion that he was the person. I went again about eleven o'clock, and found him in the room, and searched him, and found the watch upon him; he had broke the chain all in pieces; it was wrapped up in a handkerchief or dirty towel.

PRISONER's DEFENCE.

I took it; I was in liquor; I did not know what I was doing.

GUILTY B .

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

Reference Number: t17790707-25

331. ANN ISRAEL was indicted for stealing a woman's black sattin cloak, value 5 s. the property of Maria Daniel , spinster , June 15th .

MARIA DANIEL sworn.

Last Tuesday three weeks I lost a sattin cloak out of my room where I lodge; it was hanging in a chair by the door; I saw the prisoner take it off the chair; I ran after her to stop her; but having my cap off she got away; I never saw my cloak again; Ann Lewis and an officer took her in bed two days after.

ANNE LEWIS sworn.

The prisoner came to my room (Daniel lodged with me) to ask me to wash some things for her; I left the prisoner and Daniel in the room, while I went for a pint of beer. When I came back, Daniel was crying, Stop, thief! she said the prisoner had run away with her cloak off the chair. I went after her, but could not take her; I knew her very well.

PRISONER's DEFENCE.

I know nothing of the cloak.

GUILTY of stealing to the value of 10 d.

Tried by the Second Middlesex Jury before Mr Justice NARES.

Reference Number: t17790707-26

332. THOMAS RICKETS was indicted for burglariously breaking and entering the dwelling-house of Edward Benton , on the 4th of May about the hour of one in the night, and stealing two pair of silver shoe buckles, value 16 s. a gold enamelled locket, value 6 s. a pair of silver shoe buckles set with stones, value 7 s. a pair of silver knee buckles set with stone, value 5 s. five pair of gold sleeve buttons, value 3 l. six pair of silver sugar tongs, value 15 s. five pair of pearl ear-rings, value 5 s. and a pair of plain gold sleeve buttons, value 15 s. the property of the said Edward, in his dwelling-house .

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

EDWARD BENTON sworn.

I lived at St. Paul's, Shadwell , at the time my house was broken open, which

was on the 4th of May , at night or early in the morning of the 5th.

Was you the last up over night? - No, Mrs. Benton went to bed last.

Do you know any thing of the fastening of the doors that night? - No.

Did you lie at home? - Yes; as the watchman went past two o'clock; I heard two men under the window where I lie, which is over the shop. I heard one say to the other the hatch is open, it is well if the people are not robbed, we will call the watchman. They called the watchman to take care of the house. I jumped out of bed and said my lads what is the matter; they said your hatch is open, it is well if you are not robbed; I went down and found the door was broke open, and the glass case opposite the door wrenched open and a great number of things taken away; among the rest these mentioned in the indictment (repeating them) which are only what has been since found.

When did you discover any of the things? - Not for some time after. I was obliged to go that morning to Gravesend. Some bills were sent to Justice Sherwood's.

Was you present when he was taken? - No; I saw him when he was in custody? he had a pair of my buckles in his shoes; I saw him take them out and give them to Justice Sherwood's man; he was in the dark cellar at that time. I then went with them to the prisoner's house, and there I saw Mr. Sherwood's man take a pair of silver buckles off his wife's feet; they found a pair of child's set shoe buckles, and a pair of set knee buckles at his house; they also found a parcel of skeleton keys in the house. Just as we were come out one of them said he would have another look, and went back and in the coal-hole found the things that my house had been broke open with; there was a stock and center hit.

How did they get into your house? - A hole was bored just above the bolt of the door, and the bolt pushed back.

Are you sure that hole was not there the day before? - I am sure it was not there that night.

JOHN FLETCHER sworn.

After the prisoner was apprehended I went to search his house; I found the picklock keys in a drawer up one pair stairs, in the same drawer I found this gold enamelled locket.

(They were produced in court and the locket deposed to by the prosecutor.)

Fletcher. Out of the prisoner's shoes I took a pair of silver buckles, with the maker's name on them; which has been attempted to be erased.

(They were produced in court and deposed to by the Prosecutor.)

Fletcher. I took another pair of buckles out of his wife's shoes at the door of the house.

Was the prisoner present? - He was not.

(They likewise were produced in court and deposed to by the prosecutor.)

Fletcher. I found a receipt in the house in the prisoner's name, for a quarter's rent. The prisoner told me the house was his; I asked him how he came by the buckles; he said he bought them of a travelling Jew, whom he did not know.

WILLIAM ELBEY sworn.

I am a constable. (He produced a stock and center bit, some crows, a dark lanthorn, &c.) I found those things concealed under some tubs in the prisoner's house. On the 4th of May at night, I met the prisoner and another man in Shadwell, seeing them there at that time of night I asked them what business they were about, that it was time for them to be at home, and if they did not go home I would take them to the watch-house, upon which the prisoner said I seemed to be civil, would I go and drink with them; I went into an alehouse with them to drink, and stayed about ten minutes; the prisoner went out and left the other man drinking with me; the prisoner was taken that night; he had a light coat on, and to the best of knowledge, a light corded silk waistcoat.

Counsel for the prisoner to Fletcher. Did not he say he had them of one Jones? - No, he did not.

ANN BENTON sworn.

I am the wife of Edward Benton . I was up last on the 4th of May; I saw the doors and windows all fast.

Did you see the place in the morning where the hole was bored? - I did.

Are you sure there was no such hole over night? - There was not. I know nothing more about it.

Do you know any thing of the things, do you know the locket? - I believe it is mine, I have no doubt about it.

GEORGE BURROWS sworn.

I am a buckle-maker. (Shewn the buckles taken from the prisoner's wife). I think they are my make; I cannot swear positively to them, because the mark is not very plain, the work on the top has disfigured it.

Do you believe they are your make? - I think they are.

Is it a new pattern? - Not very new, nor very old.

Mrs. Benton. I bought some buckles of Mr. Burrows, as near as I can say they are the buckles. I have no reason to doubt of their being the buckles, though I cannot swear that they are.

MILES ASCOUGH sworn.

I am a buckle-cutter (looks at the buckles found on the prisoner) these buckles I cut for Mr. Benton; I never cut any of this size for any body else.

JOHN FARRELL sworn.

I was at the searching of the prisoner's house; I found a brace of horse-pistols and a pair of child's set knee buckles; one of the pistols was loaded with two balls.

(They were produced in court and the buckles deposed to by the prosecutor.)

DENNIS CRINNEY sworn.

I found a pair of child's knee buckles in a tea pot in the prisoner's house (producing them.)

For the Prisoner.

ANN CHAPMAN sworn.

I live at Stepney; I nurse lying-in women.

At the time of the robbery was you at the prisoner's house? - Yes.

What time was that? - I think the latter end of April or the beginning of May I do not know which. I nursed his wife.

ANN WEST sworn.

I live with my aunt, who is a butcher in Newgate-market.

What time was you at the christening of this man's child? - I was there before and after; I went to tea, and staid supper.

Was the prisoner there at that time? - Yes.

What clothes had he on at the time? - I believe brown.

How long did you stay that night? - I stayed till eleven o'clock; it then being too late to go home, I staid all night.

Did he go to bed with his wife that night? - Yes; I was in the room all night.

Court. What time did he go to bed? - At twelve o'clock.

Are you sure of that? - Yes.

What day of the week was it? - I think it was Wednesday, I know it was the 4th of May, because I stood godmother to the child.

Counsel. Do you know any thing of the character of this man? - Yes; I have known him six years. He is a wheel-wright.

Fletcher. There was but one bed in the room.

Court to West. Was there but one bed in the room! - No.

Was it not then a little odd to lie there?

Prisoner. She sat in a chair all night.

ROBERT GREEN sworn.

I am a wheel-wright at Bow. The prisoner served his time with me. I have had five apprentices; I never had a better. I never knew any thing against him in my life.

Court. What do you say to these things which are produced? - It strikes me very much.

Did you employ him at this time? - No; he has been a master himself since he left me, which was about six years ago.

WILLIAM PEARSON sworn.

I am a wheelwright. I have known the prisoner six years; I have employed him several

times as a journeyman . He behaved very honest. I never heard any thing of this kind before.

GUILTY Death .

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

Reference Number: t17790707-27

333. THOMAS BUTTS was indicted for that he in a certain field and open place near the king's highway in and upon Mary the wife of John Rowell did make an assault, putting her in corporal fear and danger of her life, and stealing from her person 4 s. in-monies, numbered, the property of the said John , July 2d .

MARY ROWELL sworn.

I am the wife of John Rowell . On last Friday, as I was coming through a field adjoining to Vauxhall , at ten o'clock at night, I was robbed. John Mullings was then with me. I am sure the prisoner is the man who robbed me; his coat was buttoned, and his hair down his neck. The prisoner and two more jumped out upon us; they stayed with us near a quarter of an hour. The prisoner pulled me away from the gentleman I was with, and threw me down in the grass. One of the men when he came up first said, stop, d - n you, and asked us what we had got. When he threw me down in the grass he looked to see if I had any buckles; I screamed out; the prisoner said if I did it again he would kill me. He presented a pistol when he first came up, and demanded my money. I had four shillings and two pence; he took that, d - d me, and said is that all? I said it was; he called me b - ch, bid me not look at him, and went away. I never saw his face till he told me not to look; I just saw it then, that was all. The next day I saw him at a publick-house at Shadwell. Mr. Mullings came for me, I knew him directly.

JOHN MULLINGS sworn.

I am an officer in the Excise. I went with Mary Rowell on Friday night from Vauxhall; walking in a field near Vauxhall, we were met by three men; one said stop, let me have what you have got. The other two men took me by the arm whilst the prisoner robbed Mrs. Rowell; afterwards the prisoner came up to me searched my pockets and took out some keys I had in my pocket; whilst he was taking the keys out I observed his face; I am certain the prisoner is the man. The next day I made an information at Justice Sherwood's, in consequence of that I was sent for to the prisoner's mother's house; there I saw him and knew him; I immediately charged him with it; he neither confessed it nor denied it.

JOHN DAVIS sworn.

The prisoner and another young man came last Friday and hired a couple of horses of me about two o'clock; they brought them home some time after ten, and paid me for their hire; and they went from our house much in liquor as I thought; the watchman had gone ten o'clock; but I cannot tell how long. When they indicted them at Hicks's-Hall, I saw this gentlewoman and the gentleman (Rowell and Mullings) at Hicks's-Hall. I asked Mrs. Rowell, whether she could swear to this man; she said Yesterday, I thought I could swear to him, but to day it touches so near death, I think I could not swear to him.

Jury. What sort of a night was it when he came home at ten o'clock? - It was after ten o'clock.

What sort of a night was it? - I could not have discerned them if they had been strangers to me; the prisoner was a stranger to me at that time; the other was a neighbour's child, I knew him very well, and had no doubt they would bring the horses home safe, or I would not have trusted them with the horses.

Court. Where do you live? - Adjoining the New Road, St. George's within about three hundred yards of the place this gentlewoman swears to being robbed at. I asked Mrs. Rowell whether she could swear to that young man; she thought she could not swear to him; I asked her, whether she could swear to the other young man; no, said she, if I was to see him, I do not know whether I could swear to him or no; I replied, aye, you could swear to me now you see me.

Court. How came you to say that to her, now, you may swear to me now you have seen me? - She said there were three men, and one was six feet high; and I don't know any body thereabouts that is near that size but myself.

Court. You was saying that Mullings said something? - I asked Mullings the day before yesterday at Hick's-Hall, if he could describe any thing of the other young men; he said, he could not, only that there were three of them.

Court. Who was with you at Hicks's-Hall when this passed? - Both of them.

Any body else? - No, not in company at that time.

Court. Did Mullings say any thing about this man? - No, he said he had given a description of him to the Justice.

Court. Did you ask him any questions about this man? - He would not satisfy me about the other questions I asked him; therefore, I did not ask him any questions; he said he could not describe them, nor he would not.

Court. Had you heard him say before whether he knew the prisoner or not? - I asked him; he said he thought he could swear to him.

Court. You said just now you did not ask him about this prisoner? - That is the first question I asked him about, that he said he could swear to him; then I asked him about the others that I knew.

Court. Now you say you asked him first about this man? - Yes.

Court. What answer did he make you? - He said he thought he could swear to this man.

Court. He was not positive? - He did not say he was positive to this man; he thought so.

Court. Did he say any thing more about this man? - No, nothing else.

Court to Mullings. What passed between you and Davis the day before yesterday? - He asked me if I could swear to the prisoner; I told him, Yes.

Court. Was that the first thing he asked you? - That was the first thing he asked.

Court. Did you tell him positively yes; or that you thought you could? - I told him yes.

Court. Positively so, not that you thought you could? - No, I told him positively that I could swear to him.

Court. Did he say any thing more to you about the prisoner? - No; he told me the other men were neighbours of his, and asked me if I could give any description of them. I told him I had given a description of them to Justice Sherwood's clerk.

Court. Did you give any description to him? - No; I gave none to him.

Court. Did you refuse to give any to him? - He did not ask me after I said that.

Did you in terms refuse to give him any? - Not in direct terms.

Court. Did you say you would not describe them to him? - No, I said I had given a description of them to Justice Sherwood's clerk.

Court. But did you tell him you could not describe the other men? - No.

Court. Or that you would not? - No:

Court. Where was this? - At the Two Lions, by Hicks's-Hall.

Court. Was any body else with you? - Mrs. Rowell was in company, but we spoke very low.

Counsel for the prisoner.

What day of the month was it, and what time of night was it that you was robbed? - On Friday the 2d; the clock had gone ten.

Mary Rowell again. What passed between you and Davis the day before yesterday? - Davis and I were talking about the prisoner; he told me he thought it was a very particular case; I said so it was, I was afraid of his life. He asked me if I knew him; I said yes; it struck me when his coat was buttoned and his hair was down.

Court. What else past? - Nothing else that I can remember.

Did you tell him that you thought you could swear to him the day before, but could not now? - I said no such thing; I said that when his coat was buttoned and his hair was down it occurred to me directly that he was the person.

That was when you saw him first at the publick-house? - Yes, when I went before Justice Sherwood.

Did you, when you was talking to Davis

the day before yesterday, say that you thought you could not swear to him then? - No, I did not.

Did Davis ask you any questions about the other two men? - No.

GEORGE FORRESTER sworn.

What are you? - A headborough for St. Paul's, Shadwell. On last Friday night, while I was drinking a pint of beer at the Gun in the Back-Lane, about two hundred yards from the New-Road, Butts the prisoner and another came into the bar; it wanted about five minutes of eleven o'clock; they came in in a great hurry, and drank a glass a piece, and went out again directly. I heard some body at the door, but one person did not come in; I said to the landlady they are in a great hurry about something; but I knew nothing at all then. I went down to the office at Shadwell in the morning, and heard there had been a robbery committed in the New-Road; I said I saw Butts and another together last night; therefore, I took him up upon it; we went to his mother's; he was sitting in a chair; I asked him who it was that was with him last night; he said, one Rusty.

Court. How was he dressed that night? - He had a great coat on then; he was not dressed as he is now.

Court. How was his hair? - I did not take much notice of his hair; I had not time; though I knew him, I did not take so much notice as to observe particularly his hair; Mr. Fletcher and I took him; I said where is this Mr. Rusty who was along with you last night; he said he was at Mr. Jortin's brewhouse; we sent the servant maid for him; we bid her make use of Butts's name; the maid came back, and said he was gone home; we went to his home in Mill-Yard before we got down to the house Butts's mother was standing at the door, and the door was last locked.

Was you with the prisoner when Mary Rowell or Mullings first saw the prisoner after he was taken? - Yes.

Where was it? - We brought the prisoner along the Back-Lane; the gentleman went to acquaint the gentlewoman, that one of the men was taken up who robbed them.

Had Mullings seen the prisoner before he went to tell Mary Rowell of it? - Yes.

Did he know him when he saw him first? Yes, he said he knew him to be the person; and he said he would go and fetch the lady; and accordingly he brought her down.

Court to Mullings. Describe the field? - The field is adjoining the garden at Vauxhall on the other side of the New-Road.

Do you mean Vauxhall, Lambeth? - No, Vauxhall near Whitechapel.

Where is that Vauxhall? - Just by the New-Road, by St. George's Church; it is nearer Ratcliffe-highway than Whitechapel.

JOHN FLETCHER sworn.

I was with Forrester on the Friday evening in the New-Road; I forget the sign at present, they call it St. George's Road, I believe. I parted with Forrester at half after ten o'clock; Forrester said, he was going into the Back-lane to the Gun and Holly Bush ; I left him. The next day upon Forrester's seeing Butts there, we had a suspicion of Butts, and Butts admitted before the Justice, that he was at the Gun and Holly Bush, and saw Forrester there.

Prisoner to Forrester. What clothes had I on? - A great coat and a flapped hat; I think the hat had two buckles to it; he was not in the house above two minutes; as soon as they drank the liquor and saw me they went out directly. I did not see the other man; but I heard another man at the door.

Prisoner. I had this coat, this waistcoat, and this hat on; this hat has two buckles in it.

Prisoner to Mrs. Rowell. What clothes had I on?

Court. Mention again what clothes he had on? - A great coat, as near as I can remember, buttoned.

Did you observe his hat? - It was a round hat.

Flapped? - I do not remember.

Court to Mullings. Did you observe what hat he had on? - A round hat, slapped, and a great coat buttoned, very tight.

For the prisoner.

CHARLES WILSON sworn.

I was at Mrs. Clayton's on Friday night last at the Admiral Keppel in Mill-Yard, Rosemary-Lane;

the prisoner at the bar, and another young man called there about a quarter before ten o'clock; they stayed and had a pint or two of beer; then they said they were going home with the horses; a boy held their horses at the door while they came in to drink; they stayed may-be eight or ten minutes, and went away to put their horses up; and it was as near as I can guess to a minute or two, between a quarter of an hour or sixteen or seventeen minutes past ten o'clock. This young man ordered the maid to draw him a pint of beer; and he took the pint of beer over in his hand to one Rusty; and there he supped and layed all night. I will be upon my oath he had that coat on that he has now, and had the same hat; his hair was curled up as it is now, and his waistcoat was unbuttoned.

Did he seem a little disordered? - He was a little in liquor; but not much.

Do you know how he has got his living? He is a painter.

What has been his character? - I know nothing against his character; I have not known him any long time; but I have never heard any thing amiss of him.

Court. How far is Mrs. Clayton's from where this robbery was committed? - About half a mile.

Court. Do Mrs. Clayton and Davis live in the same house? - I do not know where Davis lives; he told me yesterday; but I have forgot.

Davis. I live under Mr. Hall's wall, adjoining the New-Road.

To Wilson. Do you know what horses they had? - No; I am very confident to the time they came there, and when they came back again.

Jury. Will you undertake to swear that he had no great coat on at that time? - I have swore that already; I wish to serve the man, but not to perjure myself; I am upon my oath that he had no great coat on, and his waistcoat was open, and his hair was curled as it is now.

Court to Wilson. Where do you live? - In Rosemary-Lane; I am a salesman.

SUSANNA CLAYTON sworn.

Where do you live? - In Mill-Yard.

Do you keep a publick-house there? - Yes.

Do you remember on the night this robbery is said to have been committed to have seen the prisoner at your house? - Yes, he was in a little before ten o'clock; he and the other were on horseback at the door; a boy held their horses; they had a pint of beer; they stopped some time drinking of it; then they went away with their horses. They came back again in about a quarter of an hour; it might not be so much; I cannot speak positively to the time; but I am certain it was no more than a quarter of an hour; they did not stay long; I said to the other young fellow, make haste home, your mother will be uneasy on account of your being absent. He was dressed just as he is now; no great coat at all, and his hair pinned up.

What character does this lad bear? - I never heard any harm of him in my life.

What trade is he? - A basket-maker . Does he follow his business? - Yes; he used to come once or twice a day in an afternoon to drink at my house?

Court. Who was the other man that came with him to your house? - One Rusty, who lives almost facing me.

Court. What is become of him? - I don't know where he is.

Court. Was the prisoner's coat buttoned up when he came to your house? - No; his waistcoat was open; and he was very warm; they had been drinking, I believe; the other was very much in liquor; the prisoner was not.

Court. He was twice at your house? - Yes.

Court. Was he very warm when he first came and drank at your house? - No; his waistcoat was not open then; when he came back again he was very warm; and he mentioned stopping and drinking a glass by the way.

Court. Did he say where he drank it? - No, he did not mention the place.

Counsel for the prisoner.

Did they say where they had been? - They said to Pairlock-fair.

How far is that off? - About twelve miles off; they were at my house in the

afternoon, when they made the proposal to go there.

WILLIAM WINDLE sworn.

I am a painter, and live in Whitechapel; I was at Mrs. Clayton's; Rusty and Tom Butts came in together; they made a proposal to go to the fair; I left them, and went down to the fair; I saw them at the fair, and spoke to them; I saw them stop at Ilford; I took a coach there; I saw them pass me; I came home to Mrs. Clayton's; it was rather better than half after nine o'clock; I had not been there long before they came in.

What dress was the prisoner in? - I positively cannot say; I did not particularly take notice of his dress.

Did you observe his hair? - It was pinn'd up, I am positive of that, and he had on his round hat. I went into Mrs. Clayton's, and stopped there; they had a pint of beer; the boy walked the horses up and down; they went home with them and came back-in about a quarter of an hour or twenty minutes. Rusty ordered a pint of beer and took it home with him, and to the best of my knowledge, they went home to bed.

Can you recollect what o'clock it was when they returned back the second time? - To the best of my knowledge about a quarter after ten.

Court. Had Rusty and Butts boots on? - They had neither of them boots on, I believe.

RACHAEL CRAWFORD sworn.

I saw them come home on Friday night the 2d of July, just as the watchman came past ten o'clock. I sat at my own door. I live next door to Rusty. I saw them go up stairs to bed. I was up the whole night and never heard the door open or shut from the time the mother shut the door at half after eleven till the next morning. I have known this lad these three years; I never heard any thing to blemish his character; he is a hard working young man.

What dress had the prisoner on? - The same clothes he has on now.

Was his coat buttoned or unbuttoned? - Unbuttonned.

Was his waistcoat buttoned or unbuttoned? - I did not take notice.

How was his hair? - Pinned up as it is now.

Are you sure the clock had struck ten before he came there? - Yes; the watchman had been past ten o'clock.

The prisoner lives with his mother? - Yes.

Does he maintain his mother? - Not that I know.

Court. The person that you have been speaking of who came home at half after ten was Rusty, was it not? - This young man lay at Rusty's house all night.

Court. Did he come home with Rusty? - Yes he did; and they sat and ate cold lamb before they went up to bed; they were eating cold lamb when the watchman went past ten o'clock.

Court. Did you see them in the house before the watchman went past ten? - Yes.

Court. Had they been there some time? - They might have been there a minute or a minute and a half. Rusty's mother reached the victuals out of the cupboard the moment they came in.

JOSEPH GALLOWAY sworn.

I am a watchman. I was called out at ten o'clock to beat my round. As I was beating my round in Mill-yard I saw the prisoner about a quarter after ten in at Mr. Rusty's house a gentlewoman was at the door.

You did not take notice of his dress? - No, I was not in the house.

SUSANNA PALMER sworn.

I keep a publick-house. The prisoner is the same trade my husband is, which is a basket-maker. The prisoner is an industrious working man as far as ever I heard.

Have you ever heard any ill of him before? - No.

MARY TODD sworn.

I live in Mill-yard.

How long have you known the prisoner at the bar? - About a twelvemonth, going backwards and forwards.

What is his character? - An industrious honest young man.

Did you ever hear him accused of any crime before this? - No never; he regularly worked at his business.

Court to Galloway. What time might it be when you went by the house? - About a quarter after ten o'clock. We are called over at ten o'clock, then I had about a quarter of a mile to go down and cry the hour.

ELISABETH GLOVER sworn.

I have known the prisoner between nine and ten years; I never heard any harm of him. I knew him as well as I know one of my own children.

Court to Charles Wilson . What time was it when they went to Rusty's? - About a quarter past ten; they did not stop two minutes; when they came back from carrying their horses.

Court. How far is Mrs. Clayton's from Davis's? - It may be about a quarter of a mile.

Court to Mary Rowell . Can you take upon yourself to say whether the man that robbed you had or not boots on? - I really do not know.

To Mullings. Do you know? - He had no boots on.

NOT GUILTY .

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

THOMAS BUTTS was indicted for that he in a certain field and open place near the king's highway in and upon John Mullings did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a base metal watch, value 3 l. the property of the said John Mullings , July 2d .

(There was not any evidence given.)

NOT GUILTY .

Reference Number: t17790707-28

334. THOMAS JONES was indicted for stealing five pieces of printed cotton cloth containing 140 yards, value 15 l. the property of John Bush in his dwelling house , April 29th .

EDWARD DUTTON sworn.

I am servant to Mr. Bush, a linen-draper , in Cheapside . About a fortnight before we knew of the prisoner being taken up we missed two pieces of printed cotton; about the time he was taken up we missed two pieces more; they lay in the day time near the door; we lay them on the counters at night. I can identify part of the pieces which were found at a pawnbroker's.

JOHN DINMORE sworn.

On the 1st of June, about three in the afternoon Justice Blackborough received a letter in consequence of which I went with Isaacs, to search the prisoner's lodging, and we found a parcel of pawnbroker's duplicates. He was taken and examined before the justice in the evening. He said the duplicates were his property; that he bought this linen in the city of Dorset, and that he gave them to a young woman to pawn for him (who is to be indicted for receiving them in Middlesex) I found two pieces of linen in the drawer in his lodging.

Cross Examination.

Did not he tell you that he had them in change for goods at Dorset? - Yes.

Are you one of what the people call thief-takers? - I am not; I am a constable of Clerkenwell. I should think it no disgrace to take a thief.

THOMAS ISAACS sworn.

On the first of June I went with Dinmore to search the lodging of the prisoner; we found these duplicates.

How do you know it was the prisoner's lodgings? - By the information we had.

Did the prisoner ever say it was his lodging? - Yes; when we had him in custody he said he had the cotton in change of goods at Dorset. The linens are here.

JONATHAN REDGRAVE sworn.

I am a constable. The prisoner confessed he gave the things to the young woman to pawn.

Cross Examination.

How many of you constables attend the worshipful Justice Blackborough? - I suppose

if you ask him he can tell you; I do not know.

JOHN HEYDEN sworn.

I am a pawnbroker. There was some cotton pawned with me by a young woman the duplicates of it were brought to me by Justice Blackborough's men.

PRISONER's DEFENCE.

I exchanged some tea and muslin for it at Dorset as I was coming to London.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-29

335. HELEN wife of MUNGO DICK was indicted for stealing a piece of printed linen cloth, containing seven yards, value 10 s. the property of Christopher Hall , July the 1st .

(It appeared in evidence that the prisoner, if she took the things at all must have taken them in the presence of her husband.)

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-30

336, 337, 238. GRACE MADDOX , SARAH ANDREWS , and MARY ANDREWS were indicted for stealing a piece of printed linen cloth, containing 25 yards, value 35 s. the property of John Bardford , and David Heron Pugh , June 19th .

JOHN BARDFORD sworn.

I am in partnership with Mr. Pugh. There is a piece of linen found, which I suppose was stolen ought of our warehouse; we did not miss it; it is impossible we should, we have so many hundred pieces. I have seen two of the prisoners about our warehouse several times; I can only speak to the property.

CHARLES REYNHOLDS sworn.

I know the linen to be Mr. Barford's and Mr. Pugh's property.

HENRY JONES sworn.

I am a constable. I saw the three prisoners together in Dartmouth-street, Westminster; Mary Andrews had the linen in her apron; I stopped her, took her into an alehouse, and took it from her; I sent another constable after the other two. She said she bought it of a Jew, and gave two guineas for it. It was wet when I found it upon her.

(It was produced in court and deposed to by the prosecutor and Reynholds.)

To the Prosecutor. Are you sure you never sold that? - This is unkalendered; we never sold a piece to any body unkalendered.

JOHN SHUTER sworn.

I am a constable. I can say no more than what Jones has said; I was with him when he took the cloth on Mary Andrews .

MARY ANDREWS 's DEFENCE.

Grace Maddox and Sarah Andrews asked me to go with them to Tower-hill, and Grace Maddox gave me the linen to carry.

(Maddox and Sarah Andrews were not put upon their defence.)

ALL THREE NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-31

339. FRANCES ANDERSON was indicted for stealing nine pillow cases, value 4 s. twenty linen napkins, value 20 s. eight linen caps, value 4 s. a linen curtain, value 1 s. and a linen sheet, value 4 s. the property of John Gourjon , June 1st .

Mrs. GOURJON sworn.

I am the wife of John Gourjon . I am a laundress in Silver-street . I wash for the Swan with Two Necks Inn, Lad-lane. I missed a great many things at different times; the prisoner has worked for me two years and a half. Her son James Anderson was stopped at a pawnbroker's with some things.

ELISABETH CLAPHAM sworn.

I am one of the proprietors of the inn. On the 2d of June the pawnbroker brought a sheet, and asked if it belonged to us; it was marked with large letters Swan with Two Necks, Lad-lane; in consequence of which I searched the prisoner's lodging, and found a number of our things.

How do you know it was her lodging? - By her confession; she first took us into another person's room; I found I was wrong, and went back and searched her room.

WILLIAM SERGISON sworn.

I am a constable. I went with the last witness to search the prisoner's lodging. We found a parcel of linen tied up in an apron in an unfurnished room adjoining to the prisoner's room, and the rest of the things in the prisoner's room.

(They were produced in court and deposed to by the prosecutrix.)

Cross Examination of Gourjon.

You keep a laundry? - Yes.

This woman was employed to work in the laundry? - Yes.

You have given her liberty to wash her own things? - I have seen an apron or cap, and have asked whose it was; she has said, mine. I did not allow it.

Mistakes were frequently made as to linen? - There have been mistakes.

Whether the linen as to number has not been generally found right? - They were not.

Was not a Mrs. Lemon employed by you? - Yes.

To take an account of the linen? - No more than the others.

ELISABETH POTTINGTON sworn.

I live on the same floor with the prisoner. I never knew any thing amiss of her before. She desired me to go into her room and take out a bundle of things that were brought there by Mrs. Lemon and put them into the next room which was an empty room, I did not know it was any thing wrong, and they were found there.

JOHN WHITE sworn.

I am a pawnbroker. On the 2d of June the boy brought a sheet having the Swan with two necks upon it; I stopped it; I know nothing more.

For the Prisoner.

- LEMON sworn.

I am book-keeper to Mrs. Gourjon. I take an account of the clothes.

Do you know of the prisoner's bringing any of her things to wash? - Yes; she always brought her things to wash.

There was often mistakes in the linen? - Yes, I often found it wrong; it was often interchanged. I pack up all the linen when it is washed.

The linen found on the woman was packed up by you and delivered to the prisoner? - Yes.

You was intrusted with the linen? - Yes; if there were any mistakes I was answerable for it.

Court. Was there any linen left in the room of the linen taken by mistake? - The linen was always right in the account, only there was some changed.

Court. Was the linen right at that time as to the number? - Yes; and the prisoner always bore a good character.

- MORRIS sworn.

I have known the prisoner about a twelvemonth; she always bore an excellent character.

To Gaurjon. Did not you find some of your things pawned? - A sheet was stopped on the boy, the marks were cut out of a great many things found in her lodging here is a towel with the mark cut out.

Jury. How do you know it to be your property now the mark is cut out? - I can swear to it, it is my own making; the marks are taken out and they are sewed up again. Here is a napkin with the mark blacked over.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-32

340, 341. KENNETH WILLIAM WILLIAMS, M'KENZIE, otherwise WILLIAM MURRAY , and PATRICK DOYLE were indicted, the first for stealing a gelding of a hay colour, value 40 l. the property of James Spencer , June 14th ; and the other for feloniously and maliciously procuring the above prisoner to commit the said felony .

JAMES SPENCER sworn.

I am a dealer in horses , and live in Oxford-road . On the 12th of June, Doyle came to me in the morning about ten

o'clock; he said he wanted two saddlehorses for a gentleman; he said I do not know whether you recollect me or not; I formerly lived with Lord Molesworth, but I now live with a gentleman of the name of Murray. I then recollected him very well. I said I had a saddle-horse out of town, I would send for him home; he asked when he could see him; he appointed to come on Monday; he came on Monday and asked if the horses were come home; I said they were not; he said it does not signify, you have some fine horses here that will do, and said the gentleman will be here presently, that he had left him at the Hotel, and he desired me to tell the gentleman that he was gone to Lambeth. About seven o'clock Mr. Murray came into the yard, walked by me, and asked my man for Mr. Spencer; he told him I was there; he came to me, and said he wanted to buy some saddle-horses; I said your name is Murray; he said it was; he desired to look at some horses in the stable; he looked at one that was lame, then he looked at another which I recommended to him very strongly; he said he should want another saddle and two phaeton horses; he asked if he would go quietly with the saddle on, and desired I would put one on; I bid my man put the saddle on; he did and the prisoner rode the horse out of the gate; I was surprised he rode out of the gate without asking my leave. I desired my man to get on a horse and ride after him; he did, but missed of him. The prisoner returned, and said he went very gently, did I know whether he would go quietly among carriages; I said I did not know; he then desired me to let him ride it in the street; I said he might; I desired my man to get a horse and ride after him, but not to keep too close to him. My servant returned and said he had missed the gentleman with the horse. The prisoner not returning, I went to Lord Molesworth's to enquire his character, and heard a very bad character of him. I went the same evening to Sir John Fielding 's; it was then too late to do any thing. I went the next morning and Sir John Fielding 's clerk said immediately it was Doyle and M'Kenzie that had my horse. I advertised my horse in hand-bills, in consequence of which I received an information that it was in Plaistow marshes; I went on the, Friday morning and found my horse, with his ears cut off, booked in the name of Barrington.

That was the horse that was stolen from you on the Monday? - Yes.

How long had you had the horse? - The horse was bought at Beverly-fair on Holy Monday; I believe he had been in my stable three weeks; it was a bay gelding.

Before you lent him to the prisoner did you examine his age? - Yes; I believe he was about four years. I mentioned in the bills that I thought he was five years old.

M'Kenzie. Whether I did not ask his approbation to try the horse the first time? - Yes.

M'Kenzie. Whether after I had had the horse away three days you received any letter from me? - Yes, I received a letter; it came by the penny-post on Thursday.

Who from? - Mr. Murray; he said he liked the horse very well, and would call and pay for it in a few days.

You advertised it on Tuesday? - On Tuesday the bills were handed about; it was advertised, I believe, on Wednesday.

When you received the letter did you make any enquiry? - I sent it down to Sir John Fielding 's; they said it was of no consequence, it was only to keep me quite a little.

Did neither of the prisoners call upon you? - Neither of them.

When were they apprehended? - I do not know what day they were apprehended?

M'Kenzie. Whether he did not give me leave to take the horse to Sunny-hill? - No such thing.

THOMAS BARRINGTON sworn.

I keep the Angel-Inn by the side of the Fleet-Market.

Do you recollect the prisoner coming to your house? - On the 14th of June the tall man (Murray) came into my yard with a bay gelding, between the hours of eight and nine o'clock in the evening, it was the same horse Mr. Spencer has described; I saw it afterwards; Mr. Morris came in soon after him to buy

the horse; they agreed for price, but not in my presence; he was to give 35 l. for the horse and desired me to write a receipt for it.

Which agreed to give the 35 l? - Morris; I desired my son to write the receipt for the 35 l. Morris got up and took some money out of his pockets and said, take all I have; it is either a pound or a guinea.

What did they do with the horse? - It was left at our yard in Morris's name.

Was there any particular directions given? - Not to me.

Was you to do any thing to the horse? - No, only to take care of him.

It was between nine and ten o'clock in the evening? - Yes; I believe so, it was not dark.

How long did the horse stay aty our house? - Till Thursday .

What condition was the horse in when he came to you? - In a very good condition.

Were his ears on? - Yes, when he came to me.

Did any body order his ears to be cut off? - Not in my presence.

M'Kenzie. Do you take upon you to swear I sold the horse? - I swear he offered you 35 l. for it; you signed the receipt.

Court. Who desired you to write the receipt? - I believe Morris.

THOMAS BARRINGTON junr. sworn.

I am the son of the last witness.

Do you remember the prisoner, Murray, coming to your yard? - Yes, he went up stairs; my father called me up stairs to write a receipt; I wrote the receipt and went down stairs.

Did you receive any directions about this horse? - No.

How long did he stay? - Till Thursday; then he desired me to take it to Plaistow in the name of Morris. I took him to the Green-Gate; they said they did not know Morris; I said they might book it in my father's name.

Did you give any orders to cut his ears? - Yes, to cut his ears off; that was on Thursday morning.

He desired you to take it to grass at Plaistow? - Yes.

Jury. Who gave orders for the ears to be cut off? - Morris; they were cut off by one Bradshaw in our yard.

ALMOND JOHNSON sworn.

I am a Marshalsea-Court officer. I arrested M'Kenzie on the 14th of June, in the name of Brett; and Doyle, in the name of Villers; I then took them to a lock-up house in Wych-street; they desired me to let my man go for one Morris.

Which of them desired you to let your man go for Morris? - M'Kenzie; I said he might go; but he could not be bad for him, as he lived in the city; I left them; when I returned, I found Morris and the prisoner together; Morris asked what the debts were; I told him, one was 8 l. 11 s. the other 7 l. 8 s. he said they were about agreeing for a horse, would I take his word for Brett's coming back again? I told him, no; I would not take any man's word; if he would leave the money, I would deliver it when he came back; he did not know he said whether he had so much; he pulled out seven guineas, and asked me to trust him the rest; I said I would; he then said let Captain Brett go with me, because he has a horse I am about agreeing for.

What time was this? - Half after six or seven o'clock; they went out, and Morris returned in about an hour; I asked if they had agreed; he said he believed they had; and in about a quarter of an hour M'Kenzie came back on horseback; Morris went out and spoke to him, and then said he would come back and pay me the rest of the money; I went out about some business; I returned about nine o'clock; and then the person I had left them in the custody of was giving them a receipt for the money for me; he gave me the money, and they were discharged; M'Kenzie said, that he had a horse of his own, that he bought of a person in the King's-Bench; and that if he had been on the horse, I should not have arrested him, for the horse, would have plunged at me.

M'Kenzie. Do you know that I sold the horse? - I do not know; Morris said he had agreed for the horse.

You did not know from Brett whether he had sold the horse? - No.

M'KENZIE's DEFENCE.

I have not much to say, further than that I did not sell the horse; I went to Mr. Spencer and asked to look at some horses; I had a horse of Mr. Spencer; it was by his approbation I rode it; I took the horse to Mr. Morris, and left it for 17 l. to redeem this man from the spunging house. I never sold the horse; when it was advertised, I sent to the man to send the horse; I thought to redeem it; he said he could not send the horse, for that he had disfigured it; he had cut his ears off.

DOYLE's DEFENCE.

I have nothing to say.

BOTH GUILTY Death .

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

Reference Number: t17790707-33

342. KENNETH WILLIAM WILLIAMS M'KENZIE was indicted for stealing a brilliant diamond stud, value 60 l. the property of James Bellis , privately in the shop of the said James , April 26th .

JAMES BELLIS sworn.

On Monday the 26th of April, between eleven and twelve o'clock in the morning, the prisoner came in a coach to our shop in Pall Mall , the corner of Market-street, and asked for a pair of gold wire ear-rings. I took the ear-rings to the coach, a pair of which he bought. He then gave me a guinea to change, which I was obliged to send out to change; he then asked to look at some gold watchchains, which I likewise took to the coach. He offered me eight guineas for an old fashioned watch-chain, which I asked nine for; I said I would go and look in the stock-book for the lowest price; I said he should have it for what it cost. On my going to get the stock-book down, he got out of the coach, and came into the shop; he agreed for a watch-chain, and told me he would call at night; that he had not money enough about him to pay for it. My mother seeing he had the appearance of a gentleman, desired I would go for the change. I went out, but could not get any, nor could my lad. When I returned, I saw the two show-glasses open, and my mother speaking to him.

Were they open when you went out? - They were not, when I went in for the watchchains; nor did I see them open when I went out for the change; he afterwards found silver enough to pay for the ear-rings without changing; they came to five shillings; just as he was going away, a beggar woman came to the door to beg of him; he put his hand into his pocket and gave her something; he then got into the coach; he was hardly in the coach, when the beggar woman said to my mother that gentleman has taken something; I believe she said a pair of buttons, I am not sure.

You heard her tell your mother that? - I did; upon that my mother called to me to run and stop the coach, for he had certainly

taken something. I said it was a dangerous thing to stop him, as he had the appearance of a gentlemen, I would look first and see if I missed any thing; I looked among the buttons, but did not miss any thing; in a few minutes after, I missed the diamond stud. I went to Sir John Fielding within ten minutes after, and gave information of it; and there were hand-bills printed, but I could hear nothing of it. I afterwards heard M'Kenzie was taken up; I went to Sir John's to see him; and when I saw him, I immediately knew him to be the person that was in our shop. The jewels are taken out every night, and put up in the morning; nobody had seen them before he came; I never found the stud again.

WILLIAM VERDIER sworn.

I am a jeweller; I work in Mr. Bellis's house. On Monday morning, the 26th of April, I saw the diamond stud in Mr. Bellis's show-glass.

Was there more than one there? - There were two paste studs in the same showglass, but never another brilliant.

Mr. Bellis. There was never another brilliant stud there.

To Verdier. What time of day was it you saw it in the show-glass? - As near as I can recollect, between nine and ten o'clock; I was waiting to receive some orders, which occasioned me to look over the show-glass.

To Mr. Bellis. Have you any doubt of the person? - No, none at all.

ELIZABETH BELLIS sworn.

Do you know the prisoner? - Yes, he came into our shop on the 26th of April. I saw nothing of him while he was in the coach. When he came into the shop he asked to look at some gold enamelled fancy buttons; I took the two show-glasses out to him.

Did he look at any buttons? - He put his hand in both drawers,

Was there any thing besides buttons in the drawers? - Yes; ear-rings and fancy things.

Was the diamonds there? - Yes, this brilliant stud was in one of the drawers.

Do you recollect whether you had observed the diamond stud there that morning? - No, I did not, I am but seldom in the shop.

Are there more show glasses in the shop? besides these two? - Yes, a great many.

But the diamond stud if it was there was in one of these two? - Yes.

He did not buy the buttons? - No, my son returned, he could not get change and the prisoner paid for the ear-rings with silver, and immediately went away.

Do you remember a woman begging of him while he was in the shop? - Yes; when he was gone out the woman said that man has taken something out of the glass like buttons.

You cannot find that woman out? - No. I called to my son to stop the coach; he said he had the appearance of a gentleman, and it was a dangerous thing to stop him.

How long was it before your son missed the stud? - A few minutes.

What was the value of that stud? - 60 l.

Mr. Bellis. It cost me 63 l.

PRISONER's DEFENCE.

I know nothing at all of the matter. If any other person had been apprehended and answered the description, I believe they would not have hesitated a moment to swear to him.

To Mrs. Bellis. Have you any doubt of the person? - None.

To Mr. Bellis. Have you any doubt of the person? - No.

JOHN PLUMMER . sworn.

I went to try to get change; I saw the prisoner in the shop when I returned. I knew him again at Sir John Fielding 's; the prisoner is the man.

NOT GUILTY .

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

Reference Number: t17790707-34

343. PATRICK DOYLE was indicted for stealing a gold watch, value 13 l. the property of James Webb , privately, in the shop of the said James , June 23d .

JAMES WEBB sworn.

I am a hard-ware man in New-street, Covent-garden . On the 23d of June the prisoner came to my shop and asked to see

some watches. I took him backwards to a place contiguous to the shop and shewed him some gold watches. I put down a quantity before him; I told them as I put them down; he desired to see another parcel; I took that parcel away; I told them again, and missed one. I laid them on one side, and shewed him another parcel; I told them as I laid them down; when I took that parcel away I likewise missed one of them; he desired then to see some silver watches; I bid my man shew him some; he shewed him seven, and I missed one of them. The prisoner was then about going away; I told him he had some watches of mine about him, and threatened to send for a constable; upon which he stripped off his coat and waistcoat, but I could find no watches there; then he pulled off his breeches, and between his breeches and a pair of drawers I found a gold watch; we got a constable and took him to Sir John Fielding 's, and he was committed. When I missed the watches I gave my servant a hint of it. The prisoner afterwards attempted to run away, and my servant stopped him.

(The watch was produced in court and deposed to by the prosecutor.)

Prosecutor. He said he wanted them for Spain, and would venture 600 l. upon them; he said if I would rectify something he found fault with, he would take six of each sort.

ROBERT TWEEDUP sworn.

I am servant to Mr. Webb. The prisoner came to my master's shop on the 21st of June and asked for medals, and if we sold watches wholesale for exportation; I told him we did; he said he would come the next day; he came again on Wednesday the 23d; I told my master that was the man that had been on the Monday; we went backwards and shewed him some watches; I suspected him, and told my master my suspicions; my master shewed him some gold watches; my master gave me a hint that he had got one; he shewed him some more, and then gave me another hint. My master then got down the silver watches and I shewed them to him.

Did you see him searched? - He took a gold watch out of the slap of his breeches.

PRISONER's DEFENCE.

I have been led unfortunately into these affairs; I do not know how to get rid of them. He said he believed I was concerned with some people that had defrauded him of several hundred pounds and he would punish me for all. I put the watch in my pocket by mistake.

Jury to Mr. Webb. You lost three watches? - The silver watch he as artfully put on the table as he had taken it off when he was charged.

Did you find the other gold watch? - No, that is lost. I insisted he had another watch; he said he had not; the gold watches are tied with blue strings, the silver watches with catgut. I undid all the parcels of watches to see if it was not in some of them, but could not find it. I thought then it might by mistake have got among the silver watches. I undid them, and saw a watch with a blue string, upon which I concluded that was the watch. We can only see the strings, the watches are all in leather bags; but afterwards when we came to take the watches out of the cases I found it was a silver watch. I then went to Sir John Fielding 's about it, and to the prisoner in prison; he said he had not the watch, but if I advertised it I should find it again, and then he hoped I would speak a word for him.

GUILTY of stealing, but not privately in the shop .

Tried by the First Middlesex Jury before Mr. JUSTICE BULLER.

Reference Number: t17790707-35

344. FRANCIS MORRIS was indicted for feloniously receiving a gelding of a hay colour, value 40 l. (of which Kenneth William Williams M'Kenzie , and Patrick Doyle had been convicted of stealing) well knowing the same to have been stolen , against the statute. June 14th .

(The record of the conviction of the principals was read.)

JAMES SPENCER sworn.

I live in Oxford-road.

You had a horse stolen from you by M'Kenzie, on the 14th of June? - I had.

You found it in Plaistow Marshes on the Friday following? - Yes. I brought him to town to my own stables. I gave the man a note that I would be answerable to him for it. It was booked in the name of Barrington. I enquired the character of Barrington; I heard an exceeding good character of him.

Did you go to Barrington's? - Yes; and Mr. Barrington told me that Morris bought the horse; and he took me to Morris's; Morris was not at home; we came back and found him in Mr. Barrington's yard; I asked the prisoner Morris if he knew any thing of the person he bought the horse of; he said he did not know him, he wished he did, for he had given 35 l. for him, and if I would go home with him he would shew me the receipt he had from him; he wanted me to go with him; I refused it; I said I had no business with that; I told him he need not be at any trouble to go to the marshes for the horse, for I had found the horse and brought it home with me; he said he thought it very hard, and wanted to know who was to lose it; I said he must unless his friend would return the money; then I left him.

What time was the horse taken out of your yard? - I believe about seven o'clock on Monday the 14th of June.

Morris said he did not know the person he bought it of, did he mention his name? No. I then shewed him the letter I received on Thursday. I shewed it to Mr. Barrington; he said it was the same hand that signed the receipt.

Court. Are you certain you shewed it to Morris? - I am not certain that I shewed it to him.

Cross Examination.

When you first saw him you did not tell him you had got the horse? - I asked him first about the man; we were not together above two minutes I believe.

He told you, the first time he was charged, that he had bought the horse, and the price he had given for the horse and offered to take you home to see the receipt? - He did.

Was Barrington present? - Yes.

Young Barrington ? - No.

Counsel for the Prisoner.

What was the first thing you said to Morris when you saw him? - I asked him whether he knew the person he bought the horse of, he said he never knew any thing about it being my horse till he saw it in the advertisement that morning.

Was the horse in the same situation when you found him as he was when you lost him as to his ears? - No, his ears were cut off.

Prisoner. Do not you remember I told you the horse was in Plaistow Marshes before you told me you had got the horse?

Spencer. I believe not; I am very clear in it you did not. He certainly did not tell me so till I had told him I had got the horse.

What reason had you to say he need not give himself any trouble to go to the marshes after the horse, if he had not said any thing about it? - He had not said any thing about its being there.

Court. Something must have passed about the marshes before he said that? - Mr. Barrington had been talking to me about it as we came into the yard.

How long was it after this before he was apprehended? - I suppose above a week. Sir John Fielding said we had better not apprehend him till we had got the principals.

Court. You have heard this horse was cropped? - Yes.

What sort of ears had he? - Very handsome ears, and stood exceeding well before he was cropped.

Prisoner. How was his head?

Spencer. His head was very handsome; he was a very fine horse.

What age was he? - Four years old.

THOMAS BARRINGTON sworn.

You keep the Angel-Inn in Fleet-market? - I do.

What o'clock was it when M'Kenzie came to your house? - Between the hours of eight and nine; near nine I believe.

Did you know him before? - I never saw him but once or twice before.

What is his name? - I never heard his name till that night; he said his name was Murray.

What day was it? - The 14th of June.

How long after was it before you saw Morris? - In the course of about ten minutes.

Had you ever seen them together before? - I had seen them together but once before.

What business did they come about? - Buying this horse.

Who sold it? - Murray; they desired me to write a receipt; I bid my son write it for 35 l. Murray signed it and Morris put his hand into his pocket and pulled out something and said there is a pound, or, a guinea, I do not know which; that is all I have in my pocket.

How long did the horse remain at your house? - From Monday to Thursday as I was informed.

Were any directions given by Morris? - None, only to take care of him in his name.

Did you see the horse when Spencer got him home? - Yes, it was the same horse.

What sort of a horse was it when you first saw it? - A bay horse, with his ears on, he was a fine horse.

Cross Examination.

Did you know Morris? - Yes, I had known him eight or nine months.

Does he keep horse at your house? - Yes, he did keep horses there.

This horse staid there till Thursday? - Yes.

Yours are publick stables? - Yes.

There were no orders to conceal it? - No.

Court. Do you understand horse? - Yes.

Did he set his ears well? - I thought it a clever gelding; it was about nine at night, it was almost dark; I went out of town the next morning early; I did not return till Thursday.

Jury. If it had been your horse would you have had it cropped? - No.

Prisoner. Had it not a large head?

Spencer. It had a larger head than some have.

Prisoner. They crop them when their heads are large, do they not?

Spencer. They do,

Jury. If it had been your horse would you have had it cropped? - No; but that depends entirely on fancy.

This horse has a large head? - Yes.

That is a reason often of cropping horses? - Yes; I have known gentlemen have as fine horses as ever were cropped.

THOMAS NIMROD BARRINGTON sworn.

The last witness is your father? - Yes.

You wrote the receipt? - I did.

The horse was ordered to be sent to grass? - He was.

Who gave the orders? - Morris; he gave the orders to have the horse cropped.

Did you take the horse to the marshes? - Yes.

You had no particular directions where to take him? - No.

You were to take it to Plaistow marshes? - Yes.

Cross Examination.

Morris did this thing openly; he did not give any particular orders who was to crop it did he? - Yes.

Morris was well known at your stables? - Yes.

He had horses at your stables? - Yes.

Prisoner. I had three horses at his stables at that time? - Yes, he had three horses and a phaeton.

ALMOND JOHNSON sworn.

I am an officer of his Majesty's Palace-Court; I arrested Brett and Villiers.

Are those the people we understand by the name of M'Kenzie and Doyle, that you saw tried here the other day? - Yes.

When they were in your custody, did any thing pass? - Yes; Brett desired me to go or send for Frank Morris .

Do you know what the message was that was delivered to your man; was you present? - Yes.

What was it? - To go to Mr. Morris and tell him that Brett wanted him; we asked him whether he knew him by that name; he said, describe me, that I am a

tall likely man, and he will know me; he went once or twice, but did not find him; he found him at last; Morris came to them to the lock-up house. Morris asked me what sum was due, and asked what Brett's sum was; I told him I believe it was 8 l. 7 s. he asked me if I would take his word for that; I said, no, I don't know you; he put his hand into his pocket, and gave me seven guineas; I consented then, as that was so near the sum, to let him go; and Morris said, if I bring him back, you will return the money; I said I certainly should do so; Morris said that he was going to look at a horse; and if they agreed, he should find money to discharge both.

Did they go out of the house at this time? - Yes.

At what time did they go out of the house? - At about half after six or near seven o'clock.

How soon after did you see Morris? - About an hour; I asked him where Brett was; he said he would be there in two or three minutes; in a quarter of an hour or ten minutes after, he said, I believe, we have dealt; but if he should not return, I shall be robbed; but I will pay you the deficiency.

How soon did he come back? - In ten minutes or a quarter of an hour; he came back on a bay gelding; M'Kenzie was on horseback; Morris went out and spoke to him; Morris said, now I will fetch you your money for the debts and costs. I looked upon it that was the horse Morris had purchased; M'Kenzie said before that (as I told the court yesterday) that he had a horse of his own.

Did these people seem to be acquainted? - They seemed to know each other; but I cannot take upon me to say as to that particularly; I thought they seemed to know each other.

Cross Examination.

Then so far from this being a secret, they talked of it before you, before Mr. Clipson, and other persons that were in the lock-up house? - Yes.

And so far from being concealed, the horse was brought to be paraded before the lock-up house; you said, before you saw Morris, this man said he had a horse of his own to dispose of? - Before he came, he said he had a horse to dispose of; that he gave thirteen guineas for him, and he would not take thirty for him.

Did you offer to buy it yourself? - No.

Prisoner. Did not you see me go out publickly into the open street, and stroke him down the neck? - Yes, and give him a cut with a whip, I believe.

Counsel for the prosecutor.

What were the debt and costs he paid? - The whole debt and costs I received, paid by Morris, amounted to 19 l. 5 s. 8 d. I received them in the presence of Morris; as I locked them up at Clipson's house, I went in just as Clipson and he were present; he saw the money paid.

EDWARD ABBOT sworn.

You was at this time servant to Mr. Johnson? - I was.

Was you sent from Clipson's lock-up house in Wych-street to Morris? - I was.

Who sent you? - A person that went by the name of Mr. Brett.

What message did he deliver to you? - Go to Mr. Morris, and say, Mr. Brett wants to speak to him; and if he does not know the name, describe my person as near as you can, and he will know my name. He was not at home the first time; the second time he was at home; I did not know Mr. Morris; I said Mr. Brett and Mr. Villiers want to speak with you; he said he did not know them. I described them, and said they were at Mr. Clipson's in Wych-street; he said, tell them I will come to them.

Was you present when he did come? - No, not when he did come; I was present afterwards, and saw him with them.

Did they seem to be acquainted? - I thought so.

Prisoner. Did not I tell you I knew no such name? - He did hesitate at first, when I said Brett and Villiers; when I described their persons, he said I know them; tell them I will come to them directly; that

was by their descriptions only; Mr. Brett said, describe the persons and he will know who it is.

JOHN CLARKE sworn.

You are one of the persons who took up Morris? - I got the warrant backed, and got a city officer to execute it; but I was not the first person who apprehended him.

Did you search him? - I did; but before I searched him, I had these papers from him (producing them) there are two receipts for debt, and costs, and a receipt signed William Murray .

Do you know any of the circumstances of the case? - Only that Morrisdenied knowing M'Kenzie; he said, he did not know him before.

Did Morris say any thing about this gelding? - He only said he bought the horse, and that is a receipt he produced for the purchase of it.

Was Morris present when M'Kenzie was examined? - Yes.

Was any thing said about the payment of this 35 l. - Yes, M'Kenzie said before Sir John Fielding that he had not that money which was on the face of that receipt; for they extorted it of him, that he had only received seventeen guineas, and the rest upon that receipt was extorted from him.

What did Morris say to that? - He entirely denied it; he said he had two guineas of his own which M'Kenzie owned him.

Court. What name was he brought to Sir John Fielding 's by? - He was apprehended by the name we know him by, M'Kenzie, but he was arrested by the name of Brett.

Court. Did he say when they were before Sir John Fielding that he had never seen M'Kenzie before? - He said he had never seen him in his life before.

Mr. Spencer again.

Court. This was a five year old horse? - Four years old this last May or June.

Was he a fresh horse? - Yes, bought in Beverly-fair in Yorkshire.

Had he been sent for up to grass, or was he in the house, because you spoke of sending for some up? - This horse was bought on Holy Thursday; I bought thirteen horses of the same man.

Holy Thursday was the 13th of May? - Yes.

He was bought at that fair? - Yes, by a country dealer; I bought him from that man.

He had been in your hands long; was he in order? - Yes.

Was he well footed? - Yes.

Was he in a state to show for sale? - Yes; I have forty horses in my stable, and not one more fresh.

Would you at that time of the year have turned that horse out to grass? - No.

He was in a right state then to be continued in the house to go to market for sale? - I never had a horse more fit for sale than he was.

Then as a horse-dealer you would not have turned that horse out to grass? - Certainly I should not.

Had he those sort of ears that you think he would show better with his ears on or cropped? - We seldom have a horse that looks better cropped.

Counsel for the prisoner.

What would you sell him for now? - I should have thought him worth 45 guineas when company was in town to buy horses; but trade is not now so brisk as it was then. We do not reckon it right to turn horses out in fly time with fore places about them.

Court. Would you turn a horse out to grass immediately with his ears cropped in fly time? - I should think it not reasonable; but in all my business I never had but one horse cropped.

For the prisoner.

WILLIAM CLIPSON sworn.

What have you in your hand? - A receipt I gave Mr. Morris for 19 l. 5 s. 8 d. this is Mr. Johnson's receipt to me; that is to say, I gave Mr. Johnson a receipt; I keep a lock-up house; Mr. Johnson brought Mr. Brett and Mr. Villiers to my house as prisoners. He came out and said, I might let Mr. Brett go; I did. They came back sometime after; Mr. Brett came with a likely bay horse; he seemed to stand well upon his legs; Morris went out in the street, and looked

at the horse; I observed the horse; I think I should know him again if I was to see him. Mr. Brett and Morris went away together; they were gone two hours, I believe, before they came and discharged the other person, (who was Villiers) then he came and paid me 9 l. 9 s. 4 d. for Villiers; he paid for a bottle of wine, I believe, and four shillings besides; Mr. Johnson came in before they went out of the house; I paid the money in the presence of Mr. Johnson and Villiers, and here is Mr. Johnson's receipt for it.

Cross Examination.

Are you a horse dealer, or a judge of them; now from the observation you made of that horse, was it a horse that it was highly improper to crop his ears to make him handsome? - I thought him rather a Roman nosed horse; I observed that particularly of the horse.

Court. Was M'Kenzie called Brett is the presence of the prisoner? - I believe he was, to the best of my recollection; when the horse stood at the door, I said it was a likely horse; Villiers said it is the best hunter in the kingdom; I said it is a likely horse; he stands well upon his legs; it is very clean. Villiers said Brett had refused forty guineas for him.

Court. Did Villiers say in the presence of Morris, Mr. Brett has refused forty guineas for him? - No.

Court. Was Morris in hearing at that time? - No; he was examining the horse in the street; he said he had had him two years, and had refused forty guineas for him when he was hunting with him last season, and he was the best hunter in the season.

Prisoner. Mr. Barrington knows my character.

Mr. Barrington. During the time I have known him he has had horses of me, and dealt with me; he is an honest man.

Jury. How long has he lived in your neighbourhood? - He lives near the Fleet-Prison.

GUILTY .

Tried by the London Jury before Mr. Justice NARES.

[Imprisonment. See summary.]

Reference Number: t17790707-36

345. JOHN BAKER was indicted for stealing a silver watch, value 40 s. a silver seal, value 1 s. and a knife, value 3 d. the property of Jonathan Welch , May 27th .

JONATHAN WELCH sworn.

I am master of a fishing smack . On the 27th of May I went to market; I left my watch on the locker in the cabin on board the vessel; I left the vessel about half after one o'clock, and returned about six o'clock in the morning; a little boy I left in the cabbin told me the prisoner had been on board; that is the only reason I have to suspect him; the watch has William Page written on the dial-plate.

THOMAS JACKSON sworn.

I am a watch-maker in East Smithfield. On the 27th of May, about nine o'clock in the morning, Mr. Welch called upon me, and told me he had lost a watch with William Page on the dial-plate, and Henry Kemp on the inside, and desired me if it was brought to me, to stop it. The watch was brought to me about eleven o'clock by George Aggas ; I told him I had an order to stop it till I saw the parties. I stopped the watch, and followed him, and saw him and the prosecutor going into Justice Clarke's; it is only a part of the watch; it is without the case.

What was the watch brought to you for? - To know what it would cost to repair it.

(The watch was produced in court and deposed to by the prosecutor.)

JOHN SADLER sworn.

I searched the prisoner, and found a knife upon him (producing it.)

Prosecutor. I believe it is my knife; I will not swear to such a thing as that:

WILLIAM WHITEHEAD sworn.

On the 27th of May I was at Justice Sherwood's Office when Aggas was under examination; he directed me to his house to go and get the case of the watch from his wife, which I did; this is the case (producing it.)

EDWARD DAYS sworn.

I keep a silversmith's shop. On the 27th of May a man sold me a silver seal, which he said he found among the rubbish of the fire at Wapping; I gave him fifteen pence for it.

What man brought it? - Not the prisoner.

(The prisoner was not put upon his defence.)

NOT GUILTY .

Tried by the Second Middlesex Jury before DEPUTY RECORDER.

Reference Number: t17790707-37

346. CATHERINE, the wife of JAMES PENDERGRAST was indicted for stealing fourteen yards of linen cloth, value 10 s. the property of Henry Thwaite , privately in the shop of the said Henry . June 28th .

LAWRENCE HEYDEN sworn.

I am servant to Mr. Thwaite, a linen-draper at the Seven Dials . On the 28th of June the prisoner and another woman came into our shop and asked to be shown some cloth; I showed her several pieces, which she did not like; I had a suspicion of her; she at last asked the price of a piece; I told her it was one shilling a yard; she bid me cut off three-fourths of a yard. As I was cutting it off, I looked in her face and saw her change colour very much; and as she was going out I saw she had something under her apron; I stopped her, and found this piece of cloth (producing it) under her apron; it is my master's property; it has his mark upon it.

Mr. Thwaite. It is my property; I saw my man take it from her.

PRISONER's DEFENCE.

I had not the linen; I know nothing about it.

GUILTY of stealing to the value of 4 s. 10 d.

Tried by the Second Middlesex Jury before Mr. DEPUTY RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790707-38

347. MARY ANN SULLIVAN was indicted for stealing a silver watch value 20 s. the property of John Irons , June 24th .

JOHN IRONS sworn.

On the 24th of June, between the hours of four and five o'clock in the afternoon, while I was at the Blacksmith's Arms East Smithfield , the prisoner came in with some shrimps; I bought some of her; as I was taking my money out of my pocket, she took my watch; I desired her to give it me again; but she winked and blinked, and shoved me about, but would not give it me.

Did she go off with it? - Yes.

Did you ever find it again? - No.

Did you see it in her hand? - Yes, she held it up, and slipped it down into her pocket; it was in my fob.

When did you see her again? - On Saturday; this was on Wednesday.

PRISONER's DEFENCE.

I was at the house on Friday; no-body said any thing to me; on Saturday I saw the prisoner there; he asked me to drink; he asked me if I knew any thing of his watch; I said, had he a watch; he said, yes; that he lost it on Wednesday at one o'clock; I went away at twelve. I asked him why he did not advertise his watch; he said he had had it thirty-five years, but did not know the number; he wanted two-guineas to make it up.

To the prosecutor. Was you in liquor? - No; I followed her; I thought she would give it me again.

Did you offer to take two guineas to make it up? - I did not; I believe somebody did go to her to make it up.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17790707-39

348. JOHN MURTON was indicted for feloniously escaping from the custody of Duncan Campbell , Esq. before the expiration of the time for which he was sentenced to hard labour on the River Thames , June 28th .

To which indictment he pleaded GUILTY .

[Imprisonment. See summary.]

Reference Number: t17790707-40

349, 350. ELIZABETH CADMORE and SARAH OWEN were indicted for stealing a piece of spotten lawn, containing ten yards, value 30 s. the property of Christopher Hall , May 26th .

CHRISTOPHER HALL sworn.

I am a linen-draper . On the 26th of May the prisoner came to my shop to match a gown; I could not match it; Owen then asked for a lawn apron; I showed her some. While I was showing, them to her, I missed

something off the counter from underneath the goods I was showing her; presently Owen put her hand to her pocket-hole, I suppose to pull something up between her legs; she said there was none that she liked, and asked if we should have any more soon; I said, yes, I believed on Saturday; they then said they would come on Saturday, and went out of the shop; I sent two of my young men after her; but they not bringing her back, I went after her myself. I began feeling about her petticoats, and she dropped the lawn from under her petticoats; I saw it drop.

THOMAS BROWN sworn.

I am servant to Mr. Hall; I saw the two prisoners go out of the shop; Mr. Hall ordered two of the young men to follow them, and Mr. Hall went out after them; I saw the lawn drop from Owen; I took it off the ground and brought it into the shop, and Mr. Hall delivered it to the constable.

(It was produced in court by the constable, and deposed to by the prosecutor.)

OWEN's DEFENCE.

I had been in the shop; when I was come out, two women ran by me and dropped the piece of lawn; the gentleman came out and laid hold of us, and charged us with stealing it; I am quite innocent of it; there were other people in the shop.

(Cadmore was not put upon her defence.)

CADMORE, NOT GUILTY .

OWEN, GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790707-41

351. RICHARD HARPER was indicted for feloniously coining a halfpenny .

2d Court. For coming a piece of counterfeit money to the likeness of an halfpenny, June 15th .

THOMAS GATES sworn.

I am the City Marshal; I had an information that there was coining carried on at No. 9, in Huggin-Lane ; I went there on the 15th of June, between seven and eight o'clock. When we came there, we knocked at the door; no body came; we knocked harder; we found we could not get in without breaking it open; I think my brother got in first; we found a quantity of half-pence, part in papers, and part loose. In the cellar we found a cutting engine, and a large stamping engine; there was a candle burning, and the dies which were in the engine were warm. There was a large quantity (I suppose half a bushel) of halfpence; beside the engine, several of the halfpence were warm. On the Britannia side of the halfpenny, there is a little slaw upon the die, which flaw is almost upon all the halfpence struck with it. The moment we were getting into the house, there was an alarm, that a man was on the top of the house; there was a trap door at the top of the house. When he was taken to the Counter, I found these pieces of lead ( producing them) with the impression of a halfpenny upon them; the use of them is to try whether the dies are set perpendicular and true.

Did you find any thing else in the house? - Yes; materials to take the colour of the half-pence, brimstone and those kind of things.

Did you find any sheets of copper? - Several, besides secil.

JOSEPH GATES sworn.

I went with my brother to this house; Mr. Payne made an alarm, that there was somebody on the tiles of the house; I did not see him till Mr. Payne had hold of him; Mr. Payne called me to assist him.

DANIEL M'COY sworn.

I was at work in the shop of an adjoining house; I heard an alarm; I ran out and saw the prisoner on a ladder; I stopped him as he came down.

What dress was he in? - In a light blue coat, I believe.

Had he his hat on or his collar open? - I cannot say.

Joseph Gates . He had no hat on; his collar was open, and his hands black and oily as if he had just been at work.

(Thomas Faulker produced some papers he found in the house.)

THOMAS LINTON sworn.

While Joseph Gates was endeavouring to get in at the door, some people said there was a man on the top of the house; I went down to Queenhithe and saw the man on the tiling getting into the gutter. I saw the prisoner after he was taken; I believe he is the man; I have not the least doubt about it.

JOHN CLARKE sworn.

Look at those halfpence; are they counterfeits? - Yes; those leaden dumps are what they set the dies by to see that they are exact, otherwise one side will be thicker than the other; the rest of the things are what are used in coining.

Have you seen these papers? - I have.

In the articles there is mention made of necessary and leather, what is meant by leather? - It appears by the evidence that has been given here for nine years past that it means copper.

In the Paper mention is made of nine pieces - I believe a piece means a guinea's worth.

PRISONER's DEFENCE.

I can prove I get my bread in another manner; I have a letter here that my master whom I work for sent me.

For the Prisoner.

EDWARD COOK sworn.

I have known the prisoner six years; he is a cabinet maker ; I never heard but he was a very honest man.

THOMAS PHILLIPS sworn.

I have known the prisoner between six and seven years; he always bore a good character.

STEPHEN FRANKLIN sworn.

I am a chair-maker; I have known the prisoner seven years; he has always borne a good character.

JOHN LOVER sworn.

I am a silversmith; I have known the prisoner between six and seven years; he always bore an honest character.

JOHN M'FARLEY sworn.

I have known the prisoner between two and three years; as far as I understood, his character is a fair one.

GUILTY .

Tried by the a London Jury before Mr. RECORDER.

[Branding. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790707-42

352. ALICE HOUSE was indicted for stealing a pewter quart pot, value 10 d. the property of Thomas Green , July 2d .

THOMAS GREEN sworn.

I am a publican ; I lost a quart pot, which was found upon the prisoner; she came into my house, and had a pint ofbeer, and stayed about an hour to the best of my knowledge.

SUSANNAH PRENTICE sworn.

I am servant to Mr. Green; the prisoner came into our house, and called for a pint of beer. As she was going out, I saw a quart pot under her arm, I took it from her and gave it to Mr. Green.

( The pot was produced in court and deposed to by the prosecutor.)

Elizabeth Williams confirmed the evidence of Prentice.

PRISONER's DEFENCE.

I have nothing to say; I never did such a thing in my life.

GUILTY W .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-43

353. THOMAS JONES was indicted for stealing a black sattin cloak, value 5 s. a pair of metal shoe buckles, plated with silver, value 1 s. and a pair of stuff shoes, value 1 s. the property of Ambrose Shears , June 1st .

SARAH SHEARS sworn.

I live in Fetter-lane ; my husband is a timber-merchant . On the first of June, I had been to spend the evening with my sister in St. John's Square. It has pleased God to afflict me with fits. As I was coming home about half after ten o'clock at night, I found myself poorly in Smithfield; and coming down Snow-hill I fell down in a fit, and lost my things; I cannot say who was about me.

Have you found your property again? - Yes, I saw it before Justice Blackborough.

( The goods mentioned in the indictment were produced in court and deposed to by the prosecutrix.)

Cross Examination.

Was you sober? - Yes.

Had you any conversation with the prisoner that day? - Not that I know of.

Court. How long was you in the fit? - I suppose I was two hours before I came to myself.

JOHN HOLLINGWORTH sworn.

I am a watchman; I was going my rounds at ten o'clock on Snow-hill, coming down Cock-Court, I saw a man and a woman; the woman was sitting on her backside; he was behind her holding her by the arms; he desired me to go and get a coach, he said his wife was in fits. I went to Smithfield to get a coach; when I returned the man was gone. The woman was lying on her back still in a fit. I stayed some time till she came to herself; she lost her cloak and shoes; I asked her if she had any money; she said she had fifteen shillings; she felt in her pocket, and her money was gone; I did not know what to do with her; the constable came, and we took her to the watch-house; there she lay till two in the morning; one of the watchmen learned where her husband lived, and sent to him, and he came at two o'clock and took her home.

Was the man you saw supporting her the prisoner? - Yes, I saw the prisoner afterwards before the Justice; I described him before I saw him; I was in the room; he was sent into the room; I knew him directly.

THOMAS ISAACS sworn.

I apprehended the prisoner on the first of June in Turnmill-street, Clerkenwell, upon an information for another affair. I saw these things under his coat; I asked him what they were; he said they were his wife's; there was a cloak and a pair of shoes. As we were going along he said he bought them that morning at the bottom of the Minories, near Rag fair, for six shillings, who he bought them of he said he could not tell.

JONATHAN REDGRAVE sworn.

I was with Isaacs and the other watchman at the apprehending of the prisoner on the first of June after eleven o'clock at night; we took him going up a narrow passage to his lodgings; Isaacs found the things under his coat, and asked him, what they were; he said, nothing but what he had bought for his wife; that he gave six shillings for them in

Rag-fair; I searched him, and found a pair of buckles in his inside pocket; he said they were his own.

(They were produced in court and deposed to by the prosecutrix.)

JOHN DINMORE sworn.

I was at the apprehending of the prisoner, but was not time enough to see the things taken from him; I heard him say first that they were his wife's, then that he bought them in Rag-fair.

PRISONER's DEFENCE.

On the first of June, going down Snow-hill, I met that woman; she appeared to be very much in liquor; she took hold of my arm, and desired me to see her home. We had not gone far before she went up a passage, and said she would go no farther. I called to the watchman to go and get a coach. I then went down to the Fleet-market to buy something for supper, and when I returned the woman and watchman were both gone; and I picked up a cloak and a pair of shoes and buckles. As I was going home, the watchman laid hold of me. I intended to have had the things advertised the next day.

(The prisoner called four witnesses, who gave him a good character.)

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Branding. See summary.]

Reference Number: t17790707-44

354. ELEAZER LAZARUS was indicted for feloniously receiving, well knowing it to have been stolen, a watch, the inside case made of silver, and the outside tortoise-shell, value 40 s. the property of Daniel Darke , November 18th , being parcel of the goods for the stealing of which William Jones and Richard Baker were tried and convicted in December Sessions .

(The conviction of the principals were produced in court and read.)

DANIEL DARKE sworn.

I was robbed of my watch on the 11th of October last, by Richard Baker and William Jones , who were convicted in December

Sessions; the watch was not produced then, but only the seal, which was with the watch when I lost it.

The only thing proved to be in their possession was the seal? - I believe there was a chain; I am not certain.

The watch was not produced? - The watch I am pretty sure was not.

Did you ever see the watch in the prisoner's possession? - No.

BARNARD SHEWDY sworn.

Do you know the prisoner? - Yes, he lives in Little Duke's Place; he sometimes goes out with hats, sometimes buys clothes. I bought a watch of him; I gave him 1 l. 14 s. for it; there was only a piece of ribband to it.

How did he tell you he came by it? - I did not ask him such a thing. This is the watch (producing it)

Cross Examination.

You are a Jew too? - Yes.

When you bought the watch did you take particular notice of it? - Yes.

You was taken up? - Yes.

For receiving it, or as the thief? - No, thank God, I never was a thief.

Did you buy it privately or publickly? - Publickly, in Duke's-Place; there were a great many people present.

Was it in Great or Little Duke's-place? - Great Duke's-place.

SOLOMON FACTOR sworn.

The prisoner offered me the watch; he asked me 36 s. for it; I told him I would give him but 28 s. for it; afterwards Barnard Shewdy bought it.

You deal in watches? - Yes; plate and watches and jewellery goods.

Cross Examination.

Was this watch handed about publickly in the Broad-court? - He shewed it in the publick street; whoever would give him the most he would sell it to. He said he bought it in the street and gave a laced hat which cost him 9 s. and 23 s. in money for it.

At that time you thought it a fair bargain? - I said if you do not meet with a person that buys it for his own wear, you will not make your money of it.

A Witness sworn.

I am a watchmaker in the Borough. On the 25th of November last Barnard Shewdy offered this watch to me for sale. By an advertisement I knew it was a stolen watch. I stopped the watch and him. I am certain it is the same watch.

(The watch was deposed to by the prosecutor.)

PRISONER's DEFENCE.

At about two o'clock in the afternoon, as I was coming past Chancery-lane, I met an acquaintance, a Mr. White. I said to him, how do you do; he said, Lazarus, I am glad to see you, if you will go home with me I have a suit of clothes to sell you. I went along with him; a man came to me and said you buy old clothes; I said yes; he said he had a watch in his pocket, he wanted money, and would sell it; I asked Mr. White, might I buy this watch; he said yes, I think you may venture to buy it of him if you can get a shilling by it. I gave him 23 s. for it, and a laced hat that stood me in 9 s.

For the Prisoner.

- WHITE sworn.

Do you know the prisoner? - Yes.

Did he buy some clothes of you? - Yes.

Do you remember the day? - Not exactly; it was sometime about November, I believe; I overtook the prisoner with this bag, he had some hats and clothes; I told him I had got a suit of second mourning clothes to dispose of; he might see them, if we could agree for them. I knew him when I was in the publick way. I kept a publick-house between Chancery-lane and Shoe-lane, on the right-hand side, near the bar. A man met him and said I think you are in the dealing way; I have got a watch to dispose of, let me look at it; he pulled it out; they had some little talk together; he bought the watch of him, and the man took a hat in change.

What was the money? - 23 s.

You are not a Jew? - No.

Jury. What age might the man be that he bought the watch of? - He appeared to be about thirty-five.

NOT GUILTY .

Tried by the London Jury before Mr. Mr. DEPUTY RECORDER.

Reference Number: t17790707-45

355, 356, 357. ANN FOSTER , JANE CAMPBELL , and ANN GRIFFITH were indicted for stealing a watch with the inside case made of silver and gilt with gold, an outside case made of base-metal and gilt with gold, two stone seals set with base metal, and a case of surgeon's instruments , the property of William Gill , July 4th .

Mr. WILLIAM GILL sworn.

I am an apothecary and surgeon in Duke's-street. Portland-place. On Sunday morning last at about two o'clock, as I was returning home from the city, I was beset by the prisoners in Newman-street, Oxford-road .

How came you to be out so late? - I was with some friends who were going out of town; I had taken a coach part of the way; I had got out of the coach; the prisoners came up to me in Oxford-road; there is a passage between Newman-street, and Glanville-street, where I had occasion to stop, and they took from me the things mentioned in the indictment (repeating them) they wanted me to go with them; I refused; they all three came up to me and laid hold of me, and Jane Campbell took the case of instruments. I do not know which took the watch. On missing my watch I secured Campbell; the other two ran off but were taken by the watchmen.

WILLIAM EYRES sworn.

I am a watchman in Piercy-street. I met Mr. Gill with Jane Campbell on Sunday morning in Newman-street, Oxford-street, the other women were following him; he desired me to drive them back; I did; he and Jane Campbell were walking quietly in a friendly manner. In about half an hour after I saw Mr. Gill with Campbell again; then he said they had robbed him of his watch and a case of instruments; I gave another watchman charge of Campbell, and went after the other two prisoners, and took them; we carried them all three to the watch-house where they were searched by the constable, who is not here. When they were in custody, I saw Ann Griffith put her hand in her bosom and take out a case of instruments and attempt to throw it down the necessary belonging to the watch-house; I took it up.

(It was produced in court and deposed to by the prosecutor.)

GEORGE PONDER sworn.

I am a watchman. I was present at the apprehending of the prisoner; they were all three lodged in the watch-house.

ELISABETH RICHARDS sworn.

About eight o'clock on Monday morning, I found a watch in a stable-yard between Newman street and Glanville-street; it is a thoroughfare.

(The watch was produced in court and deposed to by the prosecutor.)

Richards. (Looks at the watch) That is the watch I found.

PHILIP DUFFEE sworn.

Elizabeth Richards asked me to buy a watch about ten o'clock in the morning; she said she found it; I did not choose immediately to purchase it. I said I did not know what it was worth, and desired to have it in my custody to enquire the value of it. I carried it to Mr. Francis a pawnbroker, and offered to pawn it.

Why did you offer to pawn it? - I thought by that means to get at the true value of it; the pawnbroker stopped it.

EDWARD FRANCIS sworn.

I keep a sale shop in High-street, St. Giles's. Philip Duffee brought the watch to me and offered to pawn it; I took the watch to Litchfield-street; Duffee was taken into custody the next day. Mr. Gill came and owned the watch, and charged the prisoners with robbing him of it.

(The prisoners did not say any thing in their defence.)

ALL THREE NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. DEPUTY RECORDER.

Reference Number: t17790707-46

358. DAVID BARCLAY was indicted for stealing a man's saddle with plated strap irons, value 15 s. and a double rein bridle with a plated bit, value 5 s. the property of George Broderick , Esq . March 31st .

(It appeared in evidence that the saddle and bridle were lost out of Mr. Broderick's stable;

they were traced into the possession of the prisoner, who kept a Smith's shop; he proved that he had bought the things by a person who was present at the time of the purchase.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17790707-47

359. JAMES GRANT was indicted (together with Thomas Tickle and Bob the Barber) for making an assault upon Richard Downs , with intent the monies of the said Richard to steal, take, and carry away , May 25th .

RICHARD DOWNS sworn.

I am a journeyman carpenter . On Whitsun Tuesday I was going home in company with Charles White , between nine and ten o'clock at night; as we were crossing Petticoat-lane , we heard somebody coming after us; White turned back and saw Grant, Thomas Tickle , and Bob the Barber, he said gentlemen, do not go to use us ill, for I know you; he had no sooner spoke the word than I was knocked down, and the forefinger of my right-hand was cut off; I was cut in several places while I was on the ground.

Not a word passed from you to them at all? - No.

How came they to desist from beating you? - As soon as I could get up I ran to a publick-house for shelter, for fear of being murthered.

What do you suppose was their intent in thus attacking you? - I suppose to rob or murther me.

CHARLES WHITE sworn.

I am a carpenter. I was in company with Mr. Downs; coming along Petticoat-lane at about half after nine o'clock. I heard somebody coming after us; I saw Grant going to strike Downs; I said, gentlemen, do not hurt us. I was knocked down immediately as soon as they had knocked Downs down; I got up and was knocked down five times. Bob the Barber had a knife in his hand.

Did you see the situation Downs was in when he was down as to his hand? - I did not; as soon as I could get up; I ran away and did not see Downs again till he came to the publick-house, afterwards.

You did not say any thing to them? - No.

Court. What did Grant knock Downs down with? - I saw nothing but his hand.

Cross Examination.

Upon the examination of the prisoner before the magistrate there was no mention made of a robbery or an intent to rob? - The intention must be so, else why should they knock us down.

PRISONER's DEFENCE.

On Whitsun Tuesday coming from my rendezvous (I am in the impress service, and have been for a year and half, I have that about me that will prove it) coming down Petticoat-lane on Witsun Tuesday, at the corner of Five Inkhorns-court, these two men, Downs and White, ran out of the court in a violent passion; I said what the duce is the matter that you are cursing and swearing in this manner; White turned round and said d - n your eyes, what is that to you, and struck at me, and hit me. I struck at him again; we had several tumbles on the ground, he ran as he fought and I ran after him, and licked him till he gave out, and then he shook hands with me, did you or not?

White. I shook hands because I was afraid to stay.

Prisoner. Did not your brother come and say you should fight me for a guinea?

White. When we came back, my brother said I should fight him for a guinea; I went and cleaned me and brought three or four persons with me; I thought we could take them.

Court. Where did you find him? - In Petticoat-lane, with Tickle and Bob the Barber.

Prisoner. I saw him a week after, as I was talking with one Withers; I asked him where he was going; he said what was that to me; I said why could not he be of a mild temper like me. Did not that pass?

White. He said, have you got the guinea yet?

For the Prisoner.

MARY JUBILEE s worn.

One evening in the Whitsun week; I do not know the day; the gentleman that had his finger cut off, and the other man were in my room together, about half an hour; they were a great deal in liquor both of them; they quarrelled about paying for a pot of beer; there were some children in the court threw in some orange peel; they ran out in a great passion and said they would lick them; I locked my door and went after them, and saw them fighting with the prisoner at the end of the court; in the time of the fight the man's finger was cut; when they had done fighting they shook hands and went to the alehouse together.

What are you? - My husband is a porter.

How came they in your house? - They came in with a young woman and had a pot of beer.

Do you keep a publick-house? - No.

Cross Examination.

What is your name? - Mary Jubilee .

Where was you married? - My husband is a Jew.

Are you a Jewess? - No.

Is it the custom of the Jews to marry without rings? - Yes.

Do you know Bob the Barber? - No.

Do you know Tom Tickle ? - No.

Only Grant? - Only Grant.

Grant is the lieutenant of a press-gang ? - I do not know that he is a lieutenant; I know he has been in a press-gang five years.

When you came out did you see any body in company with Grant? - No, there was a great mob, but there was nobody fighting with the man that is pitted with the smallpox.

What is his name? - I do not know.

Was not he in your house half an hour? - Yes, with a young woman, but I do not know his name.

Did you see the man that had his finger cut? - He came up when the fight was over, and said he had got his finger cut.

- LEWIS sworn.

I keep the White Horse in Petticoat-lane. I remember the day Downs had the misfortune to have his finger cut off; he was at my house with White most of that day playing at skettles; they went away about nine o'clock, and came back in about half an hour, and asked where they could get a constable, and Downs said he had been knocked down and had his finger cut off; I asked where? he said at the end of such a court; as I was talking with Downs, the prisoner and Bob the Barber came along; he said Grant knocked him down; I asked him who cut him; he said that tall man, do you know him? I said yes, his name is Tom Ticklecock ; I said if he cut you lay hold of him; the prisoner and Bob the Barber came up to my door, and said, are you talking about us, what do you say about us?

Cross Examination.

White and Downs had been at your house most part of the day? - They had.

Playing at skettles? - Yes.

That is pretty warm work, they drank a good deal I suppose? - No, they were not much in liquor, they were regular.

They did not say any thing that they thought there was an intent to rob? - He said they had knocked him down, that was all he said.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-48

360. ROBERT WRIGHT was indicted for that he with a loud voice and in a publick open manner did sing, say, speak, utter, and pronounce divers false, scandalous, infamous, malicious, and obscene songs and and matters of and concerning Elizabeth the wife of Joseph Orpwood and Elizabeth the daughter of the said Joseph reflecting on their character and reputation .

2d Count. That he did cause and procure the said songs, &c. to be sung, said, spoke, uttered and pronounced with the same intent.

3d Count. For publishing the said songs, &c.

A COPY OF VERSES

Made on a young Lady in W - E C - L M - T.

GOOD people, I pray, to these lines now attend, And listen a while to these lines I've penn'd; It is of a young damsel I mean for to sing, Who has long time been pleas'd with a delicate thing.

Tol lal lal lol, &c.

A waggish young lass I protest she has been; And by this time our neighbours are near of a kin. [pris'd; It is reported for truth that a young man she So attend to what follows, and be not surpris'd.

Says she, my dear, I hope you'll be so kind, You shall ever enjoy me when you are inclin'd; Tho' I'd have you take care; for if we are found out, It will certainly cause a most terrible rout.

My dear, such a scheme I have got in my head; Which, if follow'd, will lead you secure to my bed; [smile, And whenever I give you the nod, wink, or Then I mean to retreat to my chamber a while.

You must know that I lie near the top of the house, Where there's none to molest us, no, not so much as a mouse; In at the garret window you easily may get. Then into my room you I quickly will let.

Where we safely may lie, and fulfil our designs, And none to suspect us or rifle our minds; No girl half so happy or joyous as she, [be. And wish'd that such frolicks ne'er ended might

But her father has lately found out their fun, By which I'm persuaded, his daughter's undone. Her mother cries, Hussey, how could you do so? And Betsy says, Mammy, you very well know,

When you was in your youth you the like game did play, Then be not so angry, dear mother, I pray; It is said that one P - in the Borough did dwell, A man that you loved most wonderous well.

It is well known that you both to a tavern did hie, And call'd for a bed there all night for to lie; And after you had revell'd the night unto day, P - gave you the bag, left the reckoning to pay.

Since then, my dear mother, your frolicks are known, I hope you will always be ready to own, That all have their failings, tho' a difference in crimes; And you've had your tail-n-gs some hundreds of times.

And now to conclude, I have only to say, It is a fatal disorder that will have its sway; But since its found out, it is a folly to pine, Since your case is my case, and my case is thine.

Tol lal lal lol, &c.

JOSEPH ORPWOOD sworn.

Are you a butcher in Whitechapel-market ? - Yes.

You are married I understand? - Yes.

And have a daughter? - Yes.

Do you know the defendant Wright? - Very well, he is a butcher in our neighbourhood.

He was acquainted with your family at one time? - Very much so.

At one time he paid his addresses to your daughter? - I do not know that, there was a kind of a detachment two years ago. I was told my daughter did not much approve of it, and for that reason she never spoke to to him after. In January, and before, there were several of these songs industriously spread about in the market and to some of my customers; they came and told me there were some scandalous songs made, upon my wife and daughter.

You had some of them afterwards sent you I believe? - I had some in letters; I have one here. I saw John Cooley come out singing them; about six or seven doors before he came to my door. I sent John Cooley to Wright's house, to see if he could get any of the songs of him; I saw Wright deliver the songs into John Cooley 's hand; upon that I went up to John Cooley and said what have you got? what are you singing? some songs, master, says he; I said what

songs? he said a copy of verses upon a young lady in Whitechapel-market. How do you sell them? a halfpenny a piece; how many have you got? three; I bought the three songs of him. Wright came up almost close to us; I said where might you get these songs? Cooley said; I bought them of Bob Wright , did not I? Wright made answer, yes you did. Wright turned about to me, my daughter stood close to me, he pointed at my daughter, says he there is the young lady, there is a pretty maid for you, only look at her. He said that before twenty or thirty people. I believe he said you let them in at the garret window you know. My daughter fell a crying, and went in; he said I will sell you five or six dozen if you want them; I said I would have them; he said does the cap fit you? if it does you must wear it; I said when I have done wearing it I will make you wear it; he said now I would not have your daughter if you would give me 500 l. nay, I would not have her at all now. My daughter went in; she cried and said she would not stay in the house, and should be glad if we would send her into the country.

Look at this song and see if it is one of the songs that you had of Cooley? - Yes, this is it, I set my name on the back of it.

Is this one of the songs that Wright admitted he had sold to Cooley? - It is.

I need scarce ask you, whether this has or has not occasioned great uneasiness in your family? - Any body that has children will I dare say take it into consideration.

How long have you been married? - Twenty-five years. I pay 60 l. a year for the house I live in, and about 16 l. a year taxes.

This thing has become publick in your neighbourhood? - Yes; it has done me a great deal of prejudice among my customers, but I do not prosecute for any profit but for the sake of publick justice, that we may be cleared from such an infamous libel.

Counsel for the Crown. Need we read the song?

Counsel for the Prisoner. No, I admit it.

ELISABETH FREEMAN sworn.

Was you standing in Whitechapel-market? - I was standing at Mr. Orpwood's door, at the same time Cooley was there with these songs.

Do you remember seeing Wright the defendant there? - Yes, I did.

Did you hear him say any thing about these songs or about the young woman? - I heard him say he would sell Mr. Orpwood five or six dozen, and if the cap fitted him he might wear it; Mr. Orpwood said when I have done with it I will put it on your head. Mr. Orpwood's daughter stood by; he said that is the young lady, look at her, a pretty maid, she lets them in at the garret-window, I would not have her for 500 l. nor at all now.

Were there many people about? - Twenty or thirty standing about.

What are you? - A green-grocer.

Cross Examination of Mr. Orpwood.

You did not explain what the young fellow is; you said he is a butcher, and nothing more, he is either a journeyman or an apprentice? - He is nearly out of his time I believe.

He is not set up for himself? - No.

THOMAS GAMBLE sworn.

What are you? - A butcher.

Do you know Wright the defendant? - Yes.

Do you remember at any time being at a publick-house in Whitechapel? - Yes, at the Bull's-Head in Whitechapel, in January. I bought one of the songs in the Bull's Head ale-house of the draw-boy.

Did Wright come in soon after the song was bought? - In a few minutes.

What did he say about the song? - I asked him if he had got any of those songs about Betsy Orpwood .

It was well understood who they related to? - Yes, he made answer, He had, and he would give any body five dozen of them for nothing that would sing them up and down the market.

This was in the publick-house? - Yes; and it was very full of company at that time; it was about seven o'clock in the evening.

(The prisoner left his defence to his counsel.)

GUILTY , Fined 1 s. and discharged, upon condition of publickly asking pardon of the prosecutor and his family, and paying all the expences of the prosecution .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17790707-49

361. JAMES BARRETT was indicted for feloniously committing a rape on the body of Ann Lowther , spinster , and carnally knowing her against her will , and against the statute, June 30th .

ANN LOWTHER sworn.

Where do you live? - In White-Horse-street.

Do you know any thing of the prisoner? - I never knew him till he met me in Stepney Church-yard upon the 30th of June on Wednesday night.

What time? - Eight o'clock.

Was you by yourself? - No: I had three children with me, two boys and a girl; one was about five years old, the other four, the other two.

Was the girl two years old? - No; the girl was between three and four.

Do you live near Stepney Church-yard? - In White-Horse-street. This man came up to me, and asked me the way to White-Horse-street; I said I was going that way, and would show him; but thinking he would walk faster than me, I showed him a cart, and said that was going there.

How old are you? - Going of fifteen.

Past fourteen? - Yes; he told me he did not want to know the way to White-Horse-street, and asked me to go of an errand for him, and said he would give me a guinea; I said I would not go for two guineas; I told him I could not leave the children in the Church-yard; he said then he would give me three guineas if I would leave them in the Church-yard; I said I would not, they did not know the way home. He then desired me to take the children home and come again; I said I would; but I did not intend to come again. As I was going home from the Church-yard, I met my brother and sister.

Were those children you were with your brothers and sisters? - Yes.

How many did you meet? - Only two; they stayed by the way, I went home with the youngest.

What did you do when you had taken the youngest home? - I saw the other little girl at the door going of an errand; she said she was going to call a washerwoman for her aunt, and asked me to go with her; I said I would go, and went with her.

What girl is that? - Her name is Mary Stone , her father is a breeches-maker.

What age is she? - Going of fifteen.

Where was the prisoner at this time? - We did not see him; when we came into the Church-yard, I saw him standing at a burying, with his hat off; I said to the other girl this man will follow us, let us go home. We went as far as Stepney alms-houses, and this man followed us.

That is in the way home? - Yes; only we stopped to talk to two little girls as we were going home, and this man came up to us.

How came you to stop, when you expected he would follow you? - I did not expect he would follow us then, I thought he would if we went through the Church-yard; he came up, and asked us if we would go of an errand for him; he said he had some smuggled goods he had left with a boy of thirteen years of age at Rhodes' Well, and he was afraid of the custom-house officers, and would be obliged to us if we would go and fetch them for him.

What, did he say he would give you then?

He said three guineas, a piece of muslin, and a yard of lace a-piece.

This was to each of you? - Yes, a bit of muslin to make a gown a-piece. I told him I was not willing to go; he asked me what I was afraid of; I said I was afraid he did not mean any good; he put his hand to his heart, and said He wished God Almighty might strike him dead that precious minute if he wished us any harm; he said it would be better for us if we would go. The other girl said, let us go a little way. We ran a little before him, through a field to Rhodes' Well. I then said to the other girl, let us go home; the other girl said, let us stop and hear what he says; by that time he had got up to us, and asked us what we were afraid of, because we seemed to be afraid and timorous.

What was you afraid of? - We thought within ourselves that he meant some harm; but he spoke so fair that we did not think he could do us any harm; we told him we thought he did not mean any good; he said

again, Here is my hand from my heart, and said, he wished God might strike him dead if he meant any ill; that he had children of his own as big as we were, and he would scorn to hurt us. There were two gates; he bid us get over one in the beginning of the road, the other in the middle; they go into the fields to Rhodes' Well; he says to one of us, you get over one gate, you over the other. I said, no, we would get over together; he said, the custom-house officers would take notice of two; we both got over into the field together; we seemed afraid; he said, what are you afraid of and pulled out a great parchment, and said this parchment is 1000 l. property, you need not be afraid; so we went across two fields. I said to the other girl we shall not know our road home again; he said, yes, you shall, for I will put you safe into the road again, as soon as I have got the bundles. We came up to a five-bar-gate; he wanted us to creep through; I said I would not go through that field for ever so much. A man came by on horseback; he said, look, here is a custom-house officer; I said if there was a devil-officer, I would not go into that field; he said, then he should loose his bundles; I said I did not care, I would not go into that field for all the bundles in England. Then he says, if you won't go I will get some body else that will; then we went to go home. I said to the other girl I was afraid we were not going the way home; he said, yes, we were. He then took us down to the side of a hedge, and then he said, If you do not submit to what I like, I will cut your throats; and he fumbled about in his pocket for his knife, and took hold of our throats, and throwed us down, and said, God d - n you, and bugger your eyes, if you do not submit to what I like I will cut your throats directly! then I screamed again.

Did you scream before? - Yes, when he threw us down we both screamed, and he put his hand before our mouths.

One on each mouth? - Yes; we were both down on the ground; he put his hand on both our mouths, and there we lay a little while; and then he said he would lie with the eldest first. He asked which was the eldest; I said, for God's sake, have mercy on us, I said I would submit to any thing if he would not touch the other girl, because she was so young.

So you owned you was the eldest? - Yes, I told him I was the eldest.

How old was the other girl? - I thought she was younger than I; but when I came to hear her age, I found we were of the same age; I thought I was turned of fifteen. When I came to ask my father, I found I was only turned of fourteen. Then he threw me down on the ground, and swore if I offered to stir he would cut my throat directly; and he took hold of the other girl by the clothes, and held her down while he was indecent with me.

Remember you told us you was down before - We were down once; we got up again, and he knocked us down again.

You said at first you screamed again the second time? - We screamed twice the last time; he put his hands on our mouths, and said, if we screamed again he would c ut our throats directly.

Recollect yourself, was you down twice or three times? - Only twice; it was the second time he put his hand upon my mouth.

You said just now, that after he put his hand upon your mouth you got up, and then he knocked you down again? - I said, after he knocked us down the second time we screamed, and he put his hand upon our mouths.

Then he did not put his hand upon your mouth the first time? - No.

Then he lay with you? - Yes.

And held the other girl down at the same time? - Yes, with his elbow; she untied her apron, and thought she might get away from him and call help.

How came you to observe what she was doing while he was lying with you? - I kicked and tumbled about; I heard every word she said, because she was close to me.

I should think you was so frightened you would not have observed what was done to her; did you observe what he said and did while he was lying with you? - See, I did not, but I heard; I was afraid he would do her some mischief or another.

How long was this about? - About half an hour.

He was not half an hour in lying with you? - Yes, he was as near as we could guess; we were frightened, and thought five minutes was a great while.

What became of the other girl? - He held her down. When he had done with me, I got up directly; as we were going home I downed on my knees, and said, pray don't touch her; he said he would not; but as we walked along the field, he said the other would tell of me if he did not serve her the same; and I told him (not as I thought to keep it in from my father and mother) I told him she would not, because we had lived together so many years; he bid me not to tell any body; I said I would not (because I was in danger of my life, not that I intended to keep it in); the other girl was walking along. In the mean time he said, whenever I come down White-Horse-street, if I don't serve her the same you will take me up and put me into the watch-house.

How near was you to the road? - A field off; there was not a person in the road to call to. Then he throwed the other on the grass; I said, for God's sake! don't touch her; he said he would, by God he would; says he, I know she will tell; she will hit it in your teeth whenever you quarrel. I said we never quarrelled; he said, we could not live without quarrelling. He took her by the shoulder, and throwed her down; instead of holding me, he let me go; I ran a little way off from him. As soon as he saw me got away from him, he fetched me back, by holding my shoulder, and struck me on my breast, so that it was black for several days. After he knocked me down, I thought I should not have risen any more; I had not power to speak for two or three minutes after.

Did the other girl see all this? - She got up and attempted to run away.

Then you walked away at the time he had got the other girl down? - I ran towards the road.

Did he get up from the other girl and follow you? - She got up; she had not power to move for fright; she thought I was run away from her. I thought if I could get to the road I could call some body to my assistance. He ran very fast; he seemed rather to fly than run; he said, what, are you going to call some body to your assistance; what do you think of it; why, I could have run five miles off with this poor girl.

Did the other girl get up while he was running after you? - Yes, she did; he took me back to her again; she offered to run away; he called out, and said, if you don't stop it shall be worse for you; there was no place for her to run away; he snatched her, and threw her down again; he held me by the clothes, and swore, I will serve you the same as I have done before, and I will beat you like a sack of wheat:

Did he hold you down while he held her down? - Yes, he held me down as he did the other whilst he was with me, with his elbow.

What happened then? - The other said what do you think will become of you, you will surely be hanged as you are born; he said he did not care; I said here is somebody in the field; I said there was a press-gang or one thing or another, in order to set him to run; he said he did not care if the devil was in the field, he would have his will. I did not hear any body, I only told him so, to try if I could make him run away; by that time the other got up.

Had he any thing to do with the other at that time? - He was with her then when I told him there was some body in the field.

Had he any thing to do with that girl? - Yes, all the while he was with her; I think I may say pretty near three quarters of an hour.

This was all in the same field? - It was.

Was there any path there? - No path at all.

How far was it from the gate? - A good distance; we went through one field, then the other; we went over a bank to it; I really don't know, for I did not mind.

Did you go over a bank into this field where this happened? - Yes, a pretty high one; but it was trod down, there was no path at all in it; there was a cow and a calf in the field.

You went out of another field into that? - Out of the first field into that; the field that we were to go through to go home.

One field you said you would not go into? - That was the other field that we said we would not go into it; we did not go into that field at all; but we went into two fields; he wanted us to go into three fields; it was a great high wheat field; the wheat was fit to cut that he wanted us to go into. When we refused to go into that, he took us as if we were going home; we had been across two fields.

Did he make you to get over the bank? - Yes, he said, come over this bank, and it will not be ten minutes walk there.

How long after he had thrown you down was it before he threw the other down? -

Not five minutes. I forgot to tell one thing; when he got to the field where the wheat was, he beckoned his boy, and said, Jack, come here; he said Jack could not hear him; I said I would not go through that field, for I mistrusted some ill then.

You say it was not five minutes after he lay with you before he lay with the other; are you sure of that? - Yes, I am.

Did you lie very still, or struggle with him? - We both struggled a great deal with him; but it was all to no signification; he swore at us so that we downed on our knees six or seven times, and begged he would not kill us; he swore at us so that we were quite frightened at him; he was above our strength a great deal. We did not know our way home; I said to the other, I am sure we do not know our way home; I said to him, what do you think our fathers and mothers will say when we get home; he said he did not care. We asked him if he was not ashamed of himself; he said no, that he had served younger than us so. As he walked along with us, he said we should go home and we were very thankful he spared our lives; we were going home; he took us over into the last field which is next the road; then he said to the other -

Did he give you any thing? - No, nothing in the world.

How long did he walk with you? - About ten minutes; then he took hold of the other, and said he had not done with her; I downed upon my knees, and said, for God's sake, don't hurt her any more, you cannot ruin me more than you have done, kill me, or any thing, but don't touch the other girl; he said he had not done with her.

What happened then? - He throwed her down again, and swore by God, if we made any resistance, or tried to run away from him, it should be worse for us. He made me sit down again, whilst he was concerned with her, and he held me the same again. There was a cart went by, we were pretty near the road, and there was nothing but two boys in it; he held our heads both down against the grass. If they had been two men instead of boys, we should have called to them if we had been killed; but the boys would have been nothing in his hands.

So you did not call out because they were not men? - Yes; when he had done with the other he got up again.

Did he lay with the other then? - Yes, he lay with her twice.

He did not meddle with you then? - No, he never touched me any more; he said he did not like me; but when we were together he offered me a guinea; I said I did not want either him or his guinea, and he never spoke to me afterwards while we were in the field.

Did he meddle with the other girl any more? - He did, twice; he said he would give us a guinea; I said I either wanted him nor his guinea; he said he did not like me, the other was the best natured girl, because I was so timorous to go with him, the other seemed to have a better heart than I had; and she said she did not think there was that in him, he spoke so fair that he knew so many folks in our street that I knew, that I thought he would not have that behaviour.

Did he give the other girl a guinea? - No.

Did he offer it to her? - He said he would give it us between us.

Did he leave you then? - We went over the bank into the road, and we walked on first, and he returned to a bit of water; said he, I must wash my shirt or else I shall be blowed.

Did you see him wash his shirt? - I cannot say I saw him, because I walked on; we tried to get up to Sunderland's.

Did you see any thing of his shirt? - Yes, at Justice Sherwood's.

Did you go home directly? - He said he would go to Sunderland's to get something to drink; instead of that he ran away; I never saw any more of him; we went home by ourselves, and my father and mother and people were coming to seek for us; we met them; because we never were girls that went out with fellows, or were out late at night; we told them immediately what had befallen us.

Did your mother come? - The other girl's father and mother did and two or three neighbours; my mother did not come, because she has a young family at home.

What are their names? - Her name is Mary Stone , her father's name is William Stone .

Did they see any thing of the man? - No, he was run away.

Did you tell them every thing? - Yes, all I have told your Lordship.

Cross Examination.

You say you live in White-Horse-street? - Yes.

Whereabouts? - Facing the school.

There are two roads; one that leads to Limehouse Church, and another road that leads to Stepney Church-yard; which of these fields was it you went through? - We went the road that leads to Limehouse church; but instead of that we crossed the fields which leads directly to Rhodes' Well.

Whether there is not a publick path that leads to Poplar and another that leads to Bow, from these fields? - It was Bow-fields on the side of Ben Johnson 's head.

Do you know what path it was that went through the fields? - I am not acquainted with the fields.

But you could see whether there was a path in it or not? - There was no path in it I know.

Jury. Is there a gravel-pit in the field? - The field is begun to be cut as if it was to be ploughed; there was no gravel-pit in it.

How far was it off the road? - There was a field and then a road, and then two fields more. It was on the left-hand side of the way as we went down the road leading to Limehouse church.

You are you say turned of fourteen years of age? - Yes.

How came you to be persuaded, who knew the way home so well as you did, by a man that that was the nearest way, when the Gentlemen of the Jury know, and every body must, that it was the farthest way you could go? - It was not me that asked the way to White Horse-street; I said the man asked the way to White Horse-street.

I do not understand that the man laid hold of you to pull you over, how came you to go over that bank? - He asked me the way to White Horse-street, I did not ask him; I said I was going there, if he would follow me I would shew him; I said there was a cart going if he went by that cart it would take him directly to White Horse-street.

What size girl is the other girl you speak of, is she as lusty as you are? - No, she is quite thin.

I understand you that you swear that he laid with you half an hour together?

Court. That he was half an hour about it, and held the other girl down with his elbow.

Now upon your oath did not you consent rather than the other girl should be abused? - I did not, I only said so.

Did you struggle? - Yes.

Which elbow did he use to hold the girl down? - The left elbow.

How came you to find out the man? - Dr. Hatton's maid told my father that she had been assaulted by such a man, and he offered her three guineas, three yards of lace, and something else if she would go and get a bundle, the same as he did us; she said she would not; he said if she did not like the things he would give her five guineas to go; she said she had been of an errand, had over stayed her time and could not stay to go; he said he was a captain of a ship, that he was going away the next morning, and that his name was Williams; he told me so, and that he lived in Tooley-street; I asked him two or three things because I thought we should find him out.

Did he shew you any knife? - No, he only felt about.

You did not call out to the people in the road or the field? - There was nobody but the two boys.

Was it the Limehouse road that you saw the boys in the cart in? - I do not know, it was quite dark.

You used another expression, that after he had taken the liberties with the other girl he said he did not like you? - He said he did not like me because I was ill-tempered; that was in the field.

But the other girl was very willing? - Not to do what he did; she was willing to go into the field, because she thought him a good sort of man.

She was willing to go out of the way with the man as well as you; I understand you she was more willing than you? - Yes.

So she was willing to go out of her way? - We were not both together when this man met us.

Now upon your oath was the guinea offered to you after he said he did not like you? - When he was with her he said he did not like me; it was afterwards the guinea was offered, when he was great with her the second time.

What did he offer you the guinea for? - That I do not know.

I should have thought it was for you to hold your tongue? - I would not have held my tongue.

When the girl was held down by his left elbow did that girl struggle at all to get from him? - Yes, she did.

Court. Where did he offer you the three guineas? - In Stepney Church-yard.

He did not give it you? - No.

What did he say for deceiving you, for not giving you the three guineas he promised you? - Nothing at all.

Did he make no excuse? - No.

Why did not he do it? - I do not know. I did not go for the money; he said it would be a friendly action if we would go for him; he seemed so much in trouble to us; I did not go for the money but it was a friendly action.

Did you tell him so? - He said it would be a friendly action, and would be better for us if we would go: he said that before we went.

Counsel for the Prisoner. How came you to go back again? - To fetch my brother and sister home, because they were left behind.

Jury. Did not you say you went by Ben Johnson 's head? - As we came home we did.

Jury. Ben Johnson 's Head is in a little bit of a common leading to Rhodes' Well, which way did you come from Stepney Church-yard? - I was by that wall that leads to Limehouse Church. I went straight up that road which carries you to Limehouse Church and crossed the fields on that side that goes to Rhodes' Well.

Jury. Where was you when the man left you? - Just by Sutherland's by Ben Johnson 's Head, in the road.

Counsel for the Prisoner. Do you know one Drinkwater? - There was a man that they took up named Broadwater.

Did you take him up upon a charge of this sort? - I did not, but the folks that were with me did.

What did you say when the man was brought? - I said he was not the man.

Who was the person that took him up? - The other little girl's father and somebody else.

Did the girl in your hearing describe this Broadwater; was he carried before the justice? - Yes.

Was you there then? - I was.

What did the girl say about him? - She said it was not him, and so did I, both of us.

Court. Which side did the girl lie of while the man was lying with you? - On my right-hand side as I lay down.

You have a mother? - Yes, but she has got a great family of children and could not come.

Could she get nobody to take care of the children while she came out, upon so important a business as this? - She lives in White Horse-street; but my father is without side the door.

Which did you see and tell it first to, your father or your mother? - Neither of them; I told it to a neighbour.

When did you discover this? - As soon as we went home.

Who did you discover it to? - A neighbour.

What is her name? - Mrs. Monk.

Is she here? - No. She was the first I ever told it to.

Who is Mrs. Monk? - A neighbour that lives by.

But she might have come? - She can say no more to it than I have.

How many days after was it that you took him up? - This was on the Wednesday, we took him up on the Saturday.

You told Mrs. Monk first? - Yes.

Did she tell your father and mother? - I do not know; I believe she told them. I told my mother myself the next day when we were together by ourselves.

You never told your father of it? - No, for he was in a great deal of trouble.

Jury. Whether you told the story to the father and mother of Stone, and the neighbours that met you? - It was the father and mother, Mrs. Wilson, and two or three more met us together.

Did you tell your story to them? - We did not tell them then directly, because we were in the street; we only told them how we had been used, but did not tell them the whole truth of it because we were in the street.

What did you tell them? - We said a man had behaved very indecent to us and that was the reason they took the other gentleman up; that was all we said till we got home, and then we told them; the little girl and I.

Did you tell the whole story to Stone and his wife? - I did not to Stone and his wife, but his daughter did; I went home directly.

Did Stone's daughter tell them what happened to you as well as to her? - Yes, she did as soon as she came home.

How do you account for that, you said a man behaved indecently to you and therefore that was the occasion of the other man's being taken up? - Because they thought that had been the man that had served us so, and for that reason they fell upon him directly.

Did you describe the man? - We were confused and frightened, we had not power to speak to them, we only said that was not the man; they said we only said so; they took hold of the man because we were confused and did not know the man, and because this man came out of Sunderland's, and they thought he had been the man and had changed his clothes, and therefore they took him up, for they said we might be deceived.

Had that man when he was taken up the same sort of clothes on as the prisoner? - He had not.

Counsel for the Prisoner. Upon your oath did not Stone's daughter describe a man? - Yes, she did.

And you was by at the time? - I was at home; I went to bed directly as soon as ever I went home; I was not by but I described him the same she did, as they said.

When did you tell Mrs. Monk? - My father bid her take me and ask me questions as soon as ever I went home.

So you went to Mrs. Monk's to tell her by your father's directions? - I did.

Counsel for the Prisoner. Your father was angry with you for staying so late? - Yes.

Court. And what did you say to your father that your father should bid you go to Mrs. Monk? - I did not say any thing to him, he saw how we had been used, and bid her ask me a few questions.

What had your father seen that induced him to send you to Mrs. Monk? - I do not know any more than they asked me whether the man had served us so and so; I told them yes; that was the same night, and so I suppose it came to my father's ears.

Court. Was not your mother at home at that time? - Yes; but she was like to be in sits, and for that reason they sent her to another house.

JAMES LOWTHER sworn.

I am the father of the girl. I was eating my supper between ten and eleven at night, and word was brought me that the children had been decayed out, that a man had ill-used them, and that he was in custody.

Do you remember who told you so, was

it any of Stone's people? - None. A person came running in, who it was I do not recollect from the confusion I was in; upon that I went immediately and I found two men had a man by the collar; a peace officer went along with me; they said what is the matter here, is this the man who has used your child ill? The peace officer said who gives charge; Stone said I do. There were several women buffetting the man about. I said to the women stand off good women, if the man has done any thing he is amenable to the law, and let the law take its course, but he shall not be hurt. They led him on; I followed; they took him to the watch-house. The children had declared that he was not the man; but the neighbours thought it might be from the confusion the children were in; some of the people even said they were drunk. They were drunk with terror and with the fright. That child had been beat about the mouth; her mouth was swelled, and she had been very severely beat.

Did you observe any blow in any other part besides the mouth? - It was not fit for me to examine, some other neighbours said she had had a blow upon her stomach. The man was taken to the watch-house. I had heard that the children had said before that was not the man; but however I went in. As the man was going by, my child said O father, they have got the wrong man; I said I do not know. I persuaded them to let the children go down to the watch-house.

(The girl falls into a strong fit.)

Is she subject to fits? - I never saw her in one till since this affair; she has had one before. She is a strong hale child. She said that was not the man; I let the children both be taken to the watch-house; and said do not keep the man if it is not the man. Every body was of opinion that in the state the children were in then, that it might have been as much against the man as for him, for in their terrour and fright they might as well have said it was as not. I did insist upon it the man should not be let go till the matter had been before a magistrate and investigated, for which I have a paper in my pocket to be brought to Westminster for insisting upon that. When I went home a neighbour, one Mrs. Monk, came in and said, take her and examine her and see whether she has been injured; they very foolishly and inadvertently only examined her by asking her a few questions, when they ought I think to have proceeded to a much stricter examination; they came and told me she had been injured.

Court. You must not say what they said? - When she came home I said go to bed and compose yourself. That was all that I said to her.

What questions did you put to the child? Not one. I could not suppose the girl would have courage to reveal such a thing to me.

This woman should be here. - It was told me before the magistrate that there was no occasion, as she had not made the examination that I expected she would have made; she only verbally examined her; I meant a different examination. She was carried the next day before Mr. Sherwood, and this Mr. Broadwater was there; he separated the girls, put one in his parlour, and the other to the bar; as soon as the children saw him; they severally declared he was not the man. Mr. Sherwood asked if they thought they should know the man; they told him they could pick him out from a thousand, they should know him to the latest day of their lives. Upon a description that I learned from these children, and a corroborating testimony of the cook maid belonging to Dr. Hatton, the minister of Stepney, though Dr. Hatton smothered the evidence, for he would not suffer the servant to go before Mr. Sherwood till he knew who was to pay her. Dr. Hatton's servant gave me a description of that man.

Is she here? - No, she would not come. Before the justice she gave me a description of this man; her description of the man's person so corresponded with the children's that by means of that I found him out. When I found him he answered to the description. I did not send for my own child, for particular reasons, lest they should say I tutored

her; I sent for Stone and his daughter, and bid Stone go with another person to a publick-house the corner of King James's Stairs, where the man was. When they came there Stone went in; I took the child over with me, and said be cool and deliberate, a man's life, at least his character, is at stake; if you fix such a thing upon him it is one of the worst crimes you can be guilty of in the sight of God and man; now look steadily into the house when you go in and point me the man out. There were between twenty and thirty people in the house. I said to the father, Mr. Stone, how do you, will you drink. Just as I said these words the child catched me by the arm and said, that is the man, the man that did it; he said did what? she said that injured me in Stepney-fields. I collared him directly.

Was you by when your own child saw him at any time? - I was following the man, and the rest came up into Shadwell-market, just as they turned the corner of Griffin-street my daughter, who was thirty yards from him, said that is the man! that is the man!

Had you ever seen the prisoner before yourself? - Never, to my knowledge, in the whole course of my life.

Was you with your child before the justice? - I was.

Did she fix on him then? - She did identify him directly.

And you had heard a description from her, and the description she gave before corresponded with the person of the prisoner? - It did; but though the prisoner has not got the same clothes on now, I could pick him out from ten thousand people.

Cross Examination.

As you have told your story very honestly and faithfully, I would ask you a question; had you any warrant to take the prisoner up? - I had no warrant.

Had you any constable with you? - No.

Did he go voluntarily with you? - He did not; he would not have gone at all if some of Mr. Sherwood's people had not come in; I told him if he was an honest man; he would not be afraid to go to Justice Sherwood. When I laid hold of him I told him I would not quit my hold if I lost my life. I wanted no warrant, for I think when the man was pointed out, any man had a right to seise him.

MARY STONE sworn.

Do you know the prisoner? - Yes. I was down at my aunt's, she sent me down to the church-yard to fetch a washer woman for her. Ann Lowther ran after me and asked me where I was going; I said for a washerwoman for my aunt, and asked her to go with me; she said she would, and told me about this man; she said that he asked her the way to White Horse-street, that she told him she had three children with her, and if he would go with her she would shew him the way, but it might be he would walk faster than her, and told him to follow a cart; he said it was not that I wanted, will you go of an errand for me, I will give you a guinea; she said no, I would not go for two guineas; then he offered her three guineas to go, and bid her leave the children in the Church-yard; she said she told him she would take the children all home, that they did not know the way home.

Did she say she would return again to him? - Yes she said she told him she would return again after she had taken the children home. When I was coming almost against the church-yard, she came to me and said Polly, where are you going; I said over the church-yard for a washerwoman. I asked her to go with me; when we were about half over the church-yard, she turned and said that is the man that asked me to go for some smuggled goods for him. He was standing at a burying. She said she would go back, for he would follow us, and we turned back again and stood a little farther by the yard, and he followed us; says he, well, have you a mind to go; Nancy said no, I do not like to go; I said do go a little way with him, and so we went.

You did go a little way? - Yes we got a little way. Every now and then she stopped and said she did not like to go; I desired her to go, and at last we got to Rhodes' Well.

Did he desire you to go on when you stopped? - We stopped to speak to two girls at the alms-houses, and they wanted to go with us he said there must not be so many, people would take notice of it.

Did those two girls go back? - Yes.

What girls were they? - Their names were Wilson.

How old were they? - One twelve the other fourteen.

You went on without them? - Yes; he said if only us two went, either we must go first or he must go first; so we went over Limehouse fields, and crossed over till we got to Rhodes' Well. We walked first and got to Ben Johnson 's head; she said let us go home as fast as we could, for she did not like that man. We had got to a lane, and were turning down to go homeward; he called to us and asked us what we were afraid of. He was a good way behind us. Then he called us for to stop, and asked us what we were afraid of. Nancy said, I am afraid that you are about no good; he said here is my hand to my heart, I wish God may strike me down dead this minute if I mean any harm; says he I have got children of my own bigger than either of you, I would scorn to hurt you, or to use you ill; said I, well then we will go with the gentleman; says he, I wish one of my daughters was here now, I would not give you the trouble to go; he said it is not far now, I will shew you the place, and he pointed between two trees; there, he said, is my boy waiting with the bundle for you to fetch it; we went with him over two fields; we came to a great high gate, where there was a field full of corn, so he wanted us to get over there; she said she should not go. There came a man by on horseback; he said here is a custom-house officer, I am sure it is; get through this gate, the holes between the gate are wide enough to creep through, creep through, says he, if you will not creep through get over; she said she would neither creep through nor get over for 1000 l.

All his discourse was directed to her? - Yes; he said well if you will not get over nor get through I will get somebody else, and I will see you safe home.

Did he offer to see you safe home of his own accord or did the other girl say she did not know her way home? - She said she did not know her way home; he said I will see you safe home and I must get somebody else; then we went to the bottom of the field, and she said she was sure we were not in the way home; he said we were, and took us both by the hand and said you are going home, and then he took us by the neck and knocked us both down.

How did you get into that field? - Over a gate.

At the bottom of the field was it? - At the bottom of the field.

How did he knock you down? - He scratched me; you may see the mark in my neck now; he took us both by the neck, one in one hand and the other in the other and knocked us both down.

Describe how he took you both by the neck? - Thus (describing it).

You say there is the mark still? - Yes.

What did she say to him then? - She cried out and he said d - n your eyes, you bitch, if you offer to make a noise, I will cut your throat, and shuffled about for a knife.

Did you cry out? - We both screamed.

He fumbled in his pocket, as if feeling for a knife? - Yes; making believe to frighten us. When we got to the gate he pulled out a roll of parchment.

You got up again? - This was before we got into the field. He got over the gate first, and pulled it out and said, my dear, this is worth a thousand pound property.

Who did he say that to? - He shewed it to us both; so then he took us to the lower part of the field and knocked us both down.

When he knocked you down did you get up again? - We tried to get up again and he held us fast, we could not get up again.

Which was it he attempted first? - The other girl.

Did she say any thing to him? - She prayed that he would not touch me for I was too young.

Which side did you lie of the other girl, was she on your right hand or left? - Indeed, Sir, I cannot tell, I was so frightened.

Did you try to get up? - Yes; but he held my clothes with his elbow.

Can you tell which elbow it was? - It was his left elbow; after he had done with her -

Did he lie with her? - Yes; then he walked down the field with us, and said, he would see us home; he did not offer to touch me. When we got almost through the field, he said to her, if you have any quarrel this girl will throw it in your face, I must serve her the same.

Did he? - Yes, he laid hold of me, and laid me down.

Where was she? - She was close by, he made her sit down the whilst.

Did he hold her? - No, I cannot say he held her, he made her sit down as close as possible.

And he lay with you then? - Yes, he did.

How long was it between the time of his lying with the other girl, and his lying with you? - Not above five minutes.

Did the other girl struggle at all? -

Yes; while he lay with me she ran away, he missed her, ran after her, and brought her back, and said he would lather her for it, and struck her a blow.

Was that after he had done lying with you? - Yes.

What became of you then? - He got up from me to fetch her back; I got up, and we walked along; he said he had not done with me what he wanted.

How far had you gone before he said he had not done with you? - Not above a yard.

What did he do then? - He threw me down again.

Then it was immediately after he brought her back? - Yes; then he laid with me again.

How long was he upon you the first time? - Almost an hour.

How long was he the last time? - About half an hour.

Where was the other girl at that time? - She was close by me.

Did the other girl say any thing before he threw you down the second time? - Yes, she begged him not to touch me.

What became of him then, did he walk with you any time afterwards? - We walked a little way out of the field till we came to a ditch; then he said he must go back to wash his shirt, else he should be blowed.

Did he go away then? - When opposite Ben Johnson 's Head, he said he would run and see if Sunderland was up at the publick-house, and ran away as fast as he could, and we saw no more of him afterwards.

Who did you meet after this? - As we were going home together, a man came up to us, and asked where we had been at that time of night.

Did you see any body come by before he lay with you the second time? - Yes, two boys came by in a cart, and he bid us hold down our heads, or he would cut our throats.

Were the little boys in the cart? - Yes, I fancy they were both in the cart.

Who did you meet; did your father and mother come out? - We were going along; she led me, I was not able to walk; going by the Church-yard wall; a man overtook us; he said, you young jades, where have you been at this time of night; she said we had been used cruelly, and are going home to White-Horse-street.

What time was it then? - Almost eleven o'clock.

Did you know that man? - No, we did not know him; he said he lived in Brook, and said he would see us safe home. Just as he was going along with us, we met my father and mother and several other people, and they thought that was the man, and took him up.

Did you tell your father and mother what had happened? - Yes, we told them; they said we were both drunk, we had not had a drink of any thing; we said he was not the man; they said we were both drunk, and did not know what we talked about, and took the man and put him into the watch-house.

That man was let go at last? - Yes, we went before the justice the next day, and acquitted him directly.

Did you tell your father and mother of it the same night? - Yes.

Who told the story? - I told the story to my father and mother, and she told her father and mother.

You were not both together? - No.

Jury. Was the other girl present when you told your father and mother? - Yes.

Jury. Are you sure of that?

You was at home when you told them? - Yes, I was.

What did this man do when you cried out and screamed? - He told us he would cut our throats if we made a noise.

Did he do any thing at that time? - No.

He did not put his hand on your mouth? - Yes, he did once, that we should not scream for any body to hear us.

Was that before or after he lay with the other girl? - After, to the best of my knowledge.

You screamed as soon as he knocked you down? - Yes.

Did you ever scream after that? - No.

He gave you a blow on the neck? - Yes.

Had the other girl any blow? - Yes, when he fetched her back he gave her a blow on the stomach, it was very black next day.

Had she a blow in the mouth? - Yes, when he knocked her down.

He took you both round the neck and knocked you down? - He took us both by the neck and knocked us down; our heads went against the bank.

Was there any money offered to you by the prisoner? - He said he would give us a guinea between us as we were going home.

Did he offer any as you were going? - He offered her three guineas; he offered me nothing; he said he would give us a piece of muslin to make us a gown a piece.

What did she say to that? - She said she was willing to go if it would serve him and not hurt hers elf.

Did you see the hurt of her mouth? - Yes.

You think it was done when he threw her down? - Yes.

This man was taken up afterwards? - Yes.

Are you sure that is the man? - Yes, I am sure he is the man.

Did you see any thing on his shirt when he said he would go and wash it? - No, I did not see any thing then.

Was you before the Justice? - Yes.

Was his shirt shown there? - Yes.

Cross Examination.

You saw it? - Yes.

Is he a married man? - He told us he was a married man.

You don't recollect whether you went over a bank? - No, we went over a gate.

Did you tell your father and mother all the particulars you have told the court now? - Yes.

Did you ever see the prisoner before? - No.

Did you give a description of the person that was taken up, or was it from the neighbours? - I described this person, I told them that was not the man.

Ann Lowther again:

Court. You have told us in general terms that this man lay with you, it will be quite necessary for you to tell us what he did, and what you perceived; he threw you down? - Yes.

Did he enter your body? - He did.

Are you sure of that? - I am quite sure of it.

How long did he continue on you? - For the space of half an hour.

Did he continue in your body for a considerable time? - For about a quarter of an hour.

In your body? - Yes.

Did he stay there as long as he would, and got off of his own accord? - I believe he did.

Had you strength to throw him off? - I had not strength.

Did he get off of his own accord? - He did.

Was there any body that searched you? - Yes, Mrs. Wilson.

JANE WILSON sworn.

Are you a midwife? - No.

What do you know of this affair; did you search either of these children, particularly Ann Lowther? - I had no more particular search of her than what I saw of her linen;

when I saw her come home it was very much stained.

With what? - I saw blood.

did you see nothing else besides blood? - No, nothing else.

Was you before the justice of peace, and did you see his shirt? - Yes.

How was that? - That was bloody.

Was it produced in his presence? - Yes.

Had he it on? - No; Fletcher the officer had charge of him.

Do you know any thing else of it? - No further.

Lowther did not relate any thing to you? - No further than that she had been used very ill.

That she had been lain with? - That was all, that the man had used her very ill.

Do you know Elizabeth Taft ? - Yes, she was with me when I saw the girl.

Cross Examination.

Was you there when the father and mother were spoke to that night? - Yes, I am next door neighbour; the girl went to bed.

Did she relate the story to her father and mother? - No.

ELISABETH TAFT sworn.

You was with Mrs. Wilson when she examined Ann Lowther ? - Yes.

Did you search her linen? - Yes.

The night this happened? - Yes.

Before she was put to bed? - Yes.

Did you observe any thing upon it? - Yes, blood.

Are you a married woman? - I am a widow.

Did you see any other marks? - No, I cannot say I examined any further than that.

Did you see the shirt before the Justice of the peace. - Yes.

What did you perceive on that? - I perceived on that as I did on the girl's linen.

Nothing more? - No.

Cross Examination.

You don't know the prisoner? - No, I never saw him before in my life.

Is he a married man or a single man? - A married man, they say; I do not know.

JOHN FLETCHER sworn.

I took this shirt (producing it) off the prisoner's back last Saturday; he was asked how long he had worn it; he said from the Sunday before the Wednesday on which the fact was committed.

To Taft. Is that the same shirt you saw? - Yes.

To Fletcher. That is the same shirt you showed the woman? - Yes; it appears to have been washed. I have this to observe further, that on the Saturday evening, before we took him to gaol, he behaved very bad; he layed down on the floor, unbuttoned his breeches, and showed his private parts to several women present, and said, You bitches, is not this enough for you?

PRISONER's DEFENCE.

I am as innocent as the child unborn. I was at home at my own house at half past nine o'clock at night the night it was done. As to my shirt, my wife was brought and examined to prove that she was so and so at the time; she was examined by women who are here, Mrs. Charleton, Mrs. Penwick, and several examined her at the same time.

To Fletcher. Was this man kept in custody till his wife was sent for? - He was.

The wife was sent for? - She was, I believe.

Was she examined by the women? -

I heard she was examined; I do not know of my own knowledge.

Was she examined by the order of the justice? - Not to my knowledge.

When was it she was examined; was it while he was before the justice? - She was examined on Saturday, I believe it was done without the knowledge of the magistrate. I heard nothing of it.

Was it while he was before the magistrate? - No, while he was at the publick-house, after he came from the magistrate.

Did he make it his defence that his wife was out of order? - He did say so; he was very loth to let me look at his shirt; when he found I would, he showed it me.

Was that mentioned before the magistrate? - On Monday it was.

Was there my women when he was there the second time to tell the justice that his wife was out of order? - I do not know, the justice did not examine any.

To Taft. Did you hear any mention before the justice of what you hear now? - I did not.

For the prisoner.

ROBERT NEWMAN sworn.

Do you remember on the 30th of June what time the prisoner was at home? - Nine o'clock, or a few minutes after.

How came you to remember the day so particularly. - Because I went in just as the clock struck nine o'clock, he was at my house he might stay, half an hour after I undressed myself and went to bed; he was there when I went to bed.

Court. What day was it? - Last Wednesday se'ennight.

What day of the month? - The 30th to the best of my knowledge.

You went to bed? - Yes, at half after nine o'clock.

What reason have you to mention Wednesday more than any other day? - I never saw the man before that day.

What did he come to your house for? - To talk to my landlady; he lived but a few doors off. There is a hole in the door where I lodge; he put his finger through to lift up the latch for me, I could not do it.

What is your landlady's name? - Charleton.

If she here? - Yes.

MARY NEWMAN sworn.

I am the wife of the last witness.

Do you remember the prisoner coming into your house on the 30th of June? - I saw him between the hour of eight and nine o'clock, standing at the corner of the house where I lodge; I went in; I came out again just after nine o'clock, then I saw him in the house.

Court. Where do you live? - In Shadwell, the top of Serles-street, New Gravel-lane; I have only lodged there since last Saturday; I have lived a year and a half within three doors of it.

JANE CHARLETON sworn.

Do you know what time the prisoner came to your house; where does he lodge? - A few doors from my house.

Do you remember his coming to your house? - I remember the words that passed between him and Newman, but I do not remember the day; Mrs. Newman called him up stairs; Mr. and Mrs. Newman were both there.

He was had up before the justice again on Monday? - Yes.

What was his defence before the justice? - We were not before the justice, we were at the door, we were not admitted.

Did you examine his wife? - Yes.

Was she out of order? - Yes, she was.

Court. What day was she examined, Saturday or Monday? - I think it was on the Saturday.

GRACE PRIVATE sworn.

You are one of the persons that examined the wife of the prisoner at his desire? - Yes.

Did you find her to be well, or in what way did you find her, did you examine her linen? - Yes.

Did you find her in order or out of order? - Out of order; there were stains on her linen.

EDMUND COOKE sworn.

I have known the prisoner seven years; he is a sea-faring man .

Is he a married man? - He is a married man.

Has he any children? - Not that I know of; his wife and he lived in my house; he behaved like a sober honest man.

Have you ever heard him accused of being a vicious man? - Not while he lived in my house; he has been gone about a year.

MATTHEW BOWMAN sworn.

I have known the prisoner more six years.

To the time he has been taken up? - Yes.

What has been his character? - A very good one.

You do not think he would be guilty of an action of this sort? - No.

Court to Cooke. He lodged in your house a year together? - Yes.

Did they live together lovingly? - Very agreeable together as far as ever I saw or heard.

ROBERT REYNOLDS sworn.

I have known the prisoner five years; I never knew any other character of him then that of an honest man.

Do you know his wife? - Yes.

Did they live harmoniously together? - Yes.

Did you ever hear that he was a bad man? - No.

GUILTY Death .

Tried by the First Middlesex Jury before Mr. JUSTICE NARES.

Reference Number: t17790707-50

365. RICHARD JONES was indicted for willfull and corrupt perjury .

(There was no evidence to prove the defendent's taking the oath upon which the perjury was assigned.)

NOT GUILTY .

Reference Number: o17790707-1

The following persons who had been capitally convicted received his Majesty's pardon on the following conditions.

To be sentenced to hard labour on the River Thames for the use of the Navigation for the terms of three years.

James Taylor , Nicholas Figges , Samuel Bonner , Pierre Nassau , William Binns , William Bird , Robert Dare , John Richmond otherwise Browset , James Woolly , John Huddy , William Germain ; Thomas Norman , Nepthali Jacobs , Thomas Fox , William Walker , and John Hutton .

On condition of being sentenced to the Navigation for 4 years.

John Farmer , Thomas Deer , William Hilsden , John Harris , William Halloway , and George Graham .

Reference Number: o17790707-2

On condition of being sentenced to be imprisoned for 3 years.

Mary Lightburn , Mary Groves otherwise Penticross , Sarah Hill , Elizabeth Lambert , and Mary New .

On condition of being sentenced to be imprisoned for 5 years.

Christopher Foley .

Reference Number: s17790707-1

The TRIALS being ended, the Court proceeded to give judgement, as follows:

Received Sentence of Death, 7.

Michael Brannon , Martin Gullivan alias Galloway, Lucy Johnson , Kenneth William Williams M'Kenzie alias William Murray, Patrick James Rickets , and James Barrett .

Navigation for 3 years and 119 days, 1.

John Murton .

Navigation for 3 years, 3.

Charles Wigg , Benjamin Moore , and Francis Morris .

Branded and imprisoned 1 year, 1.

Richard Harper .

Branded and imprisoned 6 months, 1.

Elizabeth Reynolds .

Branded and imprisoned 3 months, 2.

Sarah Owen , and Catherine Pendergrast .

Branded, 2.

Mary Claxton , and Thomas Jones .

Whipped, 1.

Elizabeth Rice .

Reference Number: s17790707-1

The following persons who had been capitally convicted received his Majesty's pardon on the following conditions.

To be sentenced to hard labour on the River Thames for the use of the Navigation for the terms of three years.

James Taylor , Nicholas Figges , Samuel Bonner , Pierre Nassau , William Binns , William Bird , Robert Dare , John Richmond otherwise Browset , James Woolly , John Huddy , William Germain ; Thomas Norman , Nepthali Jacobs , Thomas Fox , William Walker , and John Hutton .

On condition of being sentenced to the Navigation for 4 years.

John Farmer , Thomas Deer , William Hilsden , John Harris , William Halloway , and George Graham .

Reference Number: s17790707-1

On condition of being sentenced to be imprisoned for 3 years.

Mary Lightburn , Mary Groves otherwise Penticross , Sarah Hill , Elizabeth Lambert , and Mary New .

On condition of being sentenced to be imprisoned for 5 years.

Christopher Foley .

Reference Number: a17790707-1

This Day is published, Price Half a Guinea, dedicated (with Permission) to the King BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions, By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS) By whom Trials at Law, and Arguments of Counsel are carefully taken in Short-Hand.

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.

Reference Number: a17790707-2

This Day is published, Price Half a Guinea, dedicated (with Permission) to the King BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions, By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS) By whom Trials at Law, and Arguments of Counsel are carefully taken in Short-Hand,

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.


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