Old Bailey Proceedings, 15th September 1779.
Reference Number: 17790915
Reference Number: f17790915-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of MIDDLESEX; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of September, 1779, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

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

MDCCLXXIX.

[PRICE SIXPENCE.]

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 HENRY GOULD , Knt. One of the Justice of his Majesty's Court of Common Pleas; The Honourable Sir WILLIAM HENRY ASHHURST, Knt. one of the Justice of his Majesty's Court of King's-Bench; The Honourable Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; 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.

John Cooper

Samuel Keeble

David Evans

John Deane

Ambrose Lawrence

Robert Terry

Thomas Dorring

William Martin

William Brown

Samuel Alcock

Charles Deacon

James Carter

First Middlesex Jury.

Thomas Clarke

William Wright

William Marsh

Lancelot Burton

John Page

Thomas Waddle

Thomas Carman

Benjamin Lazenby

Hugh Randall

John Seager

Robert Carter

James Henry Crutwell

Second Middlesex Jury.

George Leward

Thomas Carter

John Beardmore

Matthew Emmerson

George Richardson

John Robinson

Robert Webb

Isaac Handcock

Thomas Mabbs

Thomas Lyne

John Sutton

Edward Clemson

Reference Number: t17790915-1

366. ANN (the wife of Rowley) LASCELLES , was indicted for stealing a gelding of a bay colour, value 40 s. the property of Thomas Patrick , May 31st .

THOMAS PATRICK sworn.

The prisoner came to my house on the 21st of May, and hired a horse and chaise, for two or three days; at the end of the three days she came and paid me for the hire of them, and said I should have the horse home that evening, but that she should want the chaise for some time longer. She ordered me to send my man down to the house for the horse that evening and he should have it. I accordingly sent, but the horse was not come home. The prisoner pretended

she had left it in the country. I did not see the horse till some time after. The prisoner came up to me the next day, and said her servant was bad in the country and could not bring the horse to town; and she pretended she should want the horse a day or two longer.

Did you consent to her having it a day or two longer? - I did. This was on the Friday, on the Saturday I went to enquire after the horse and chaise, it looking very suspicious that it did not come home. I heard that the chaise and horse were parted with. I got a warrant and took her before Justice Cox who committed her.

What did the prisoner say? - She said she had disposed of it. We found the chaise in St. Martin's lane, at Mr. Aldridge's.

What day of the week was it when she first hired it? - Monday the last day of May.

THOMAS ALDRIDGE sworn.

Do you know the prisoner at the bar? - Yes; she brought a chaise to me on Monday the last day of May. She asked me to lend her some money upon it; I said I did not choose to do any such thing, but if she would fell the chaise and harness cheap I would buy it, as I wanted one for my own use; she said she would rather I should lend her some money upon it; I told her I did not choose to do any such thing. She asked me to buy the horse; I said I did not want one. At last she concluded to sell the chaise, and asked sixteen guineas for it; I offered her twelve; she said she was in such great distress that she was obliged to take it, for she should be ruined if she had not the money the next day, and she said she would in a day or two give me two or three guineas for my bargain; I told her I did not buy it with an intention to sell it again, and I would not sell it. I said if I buy it, I buy it, and will pay you for it. I gave her the money.

To the Prosecutor. Did you see the chaise afterwards in the custody of this witness? - I did; it was my chaise.

Court. Gentlemen of the Jury, This is an indictment against the prisoner for horse-stealing. I have conferred with my brothers, and we are all of opinion that under the circumstances of this case, this does not amount, in point of law, to a felony, therefore you will acquit the prisoner.

NOT GUILTY .

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

(There was another indictment against the prisoner, for stealing the chaise, upon which there was not any evidence given.)

Reference Number: t17790915-2

367, 368, 369, 370. MARY LILLEY , JOHN SPENCE , ELIZABETH DUNN , and MARGARET CREAMER , were indicted for that they in the king's highway, in and upon John Scarlet , feloniously did make an assault putting him in corporal fear and danger of his life, and stealing from his person, a hat, value 2 s. a wig, value 2 s. a leather pocket-book, value 6 d. a linen handkerchief, value 6 d. a wooden rule, value 6 d. and two guineas and 9 s. in monies numbered, the property of the said John Scarlet , Aug. 15th .

JOHN SCARLET sworn.

I was robbed at Saltpetre-bank, East-Smithfield , on the 15th of last month at about two o'clock in the morning; I saw two women standing at the corner of the street; I asked them if that was a thorough-fare into Rosemary-lane; they said it was; I wished them a good night. When I had walked about fifty or sixty yards from them, I was seised by a man and four or five women; I struggled to get away, upon which the man struck me two blows with a stick upon my legs, which lamed me; my right leg is not well yet; the man then seised me and pinioned my arms, and held me against the wall, and the women supported him on each side. I cried out loud thieves! several times; the prisoner Creamer seised me by the collar with one hand, and struck me two or three times in the face with the other; she said if I made any more noise she would see my liver, while I was thus pinioned, one of the women put her hand into my right-hand breeches pocket, and from thence took two guineas and nine shillings. Others of them,

but which I cannot pretend to say, put their hands into my coat pocket and took out a handkerchief, a three-foot rule, and a pocket-book; then they took off my hat and wig, and dispersed. I saw Creamer (to whom I positively swear) go over the way to the sign of the Sun and Sword; I went over and begged her to give me my hat and wig. She made use of very vile expressions, and told me I must go to the thieves who robbed me. I look upon it Creamer had the hat and wig, but I cannot swear to that; I went on some little way but came back. When I saw her go into the house, I knocked at the door and begged for my hat and wig; she again answered me in the same manner without opening the door. I then told her I would spare no pains to find her on the morrow. The night of the same day I found out one Israels, an officer, to whom I told the story, and he took up some of the prisoners (I believe) that night; he told me to come the next morning; I accordingly went at about nine o'clock the next morning, which was the Monday, and he had then got all the prisoners in custody.

What kind of night was it? - Darkish, I could not distinguish any of them, so as to be positive to them, except Margaret Creamer , I saw her very plain, as she stood right before me and struck me in the face several times; I swear positively to her; but I believe all the prisoners to be the persons who robbed me. I believe John Spence is the person who struck me on the legs, but I will not swear to him.

How came you out so late? - I am foreman to Mr. Burne, a sail-maker, in Wapping. I had not paid the men on Saturday night till it was very late, and then I staid a a little longer with a friend, at the same house where I paid the men, which was a publick-house, the sign of the Globe, in Globe-yard.

How far is that from the place where you was robbed? - About a quarter or half a mile.

Was you at all intoxicated with liquor? - I was not hurt with liquor at all, I perfectly remember every thing that was done.

How far had you to go home? - I have a house over the water; it was too late to get a boat, I was going to walk round over the bridge, which I generally do when I am too late to get a boat.

From Creamer. Whether you had not a woman in company with you? - I had no one in company with me.

Did you know the two women you spoke to at the corner? - I did not; they did not follow me as I know of; I never was in the place before; we were burnt out, and that made this the nearest way.

ELISABETH COX sworn.

The prisoners and Elisabeth Dunn were standing talking together at the corner of Saltpetre-bank; the prosecutor came by and asked his way to Rosemary-lane; we told him the way; he bid us good night, he went on about thirty yards, and then Mary Lilley who was standing at the end of Saltpetre-bank, swore bitterly that she would go after him and rob him of his money. She ran after him and forcibly stopped him and took the money out of his pocket: I followed her.

Did you see how much money she took? - No, but I heard her swear she had it in her hand; and I saw the prisoner, Margaret Creamer , take his hat and wig off; I did not see any body else about him.

Did you see no man? - No, not when I came up. I heard the prosecutor cry out, and I saw he was struck by some man before I came up.

Did you see Elisabeth Dunn do any thing? - I did not.

Do you know the prisoner John Spence ? - Yes, by sight.

Did you see him about Saltpetre-bank that night? - No.

Where did Margaret Creamer go after she left the prosecutor? - She went down Parrot Alley, and flung the handkerchief, the rule, and the pocket-book over into a yard, as she said herself, about ten minutes after, but I did not see her throw them over.

Do you know what became of the hat and wig? - No.

- ISRAEL sworn.

I am a constable. On the 15th of August at about six in the evening, the prosecutor applied to me and told me he had been robbed on Saltpetre-bank; I went with him to

apprehend the prisoners. The prosecutor told me he had heard that the name of one of them was Margaret Creamer . I knew her. We went and enquired for her, but could not then find her. The prosecutor went home; and about nine o'clock at night I went to the Sun and Sword, and in hall an hour Margaret Creamer came in; I took her into custody and carried her immediately to the watchouse, and took up the rest of the prisoners. I found Spence concealed under a bed. I took them all before the justice the next morning, and Elisabeth Cox was admitted an evidence. Cox having mentioned the place where Margaret Creamer said she had thrown the things, I went there and I found them in a hog-stye. The handkerchief was torn to pieces by the hogs. I found the pocket-book and rule; I have had them in my possession ever since.

(They were produced in court.)

Prosecutor. I cannot be positive to the rule and handkerchief, but I am certain the pocket-book is mine.

CREAMER's DEFENCE.

I got up in the night hearing a woman in the street cry out murder! I went out to her; her joint was out; I staid an hour in the street with her, rubbing the joint with vinegar. When I was coming home the prosecutor came up to me and asked me for his hat and wig, and said I had taken them from him. I am quite innocent of it.

Court. Gentlemen of the Jury, There being no evidence to affect Spence nor Dunn, and no evidence to affect Mary Lilley , except the testimony of Elisabeth Cox , which is totally unsupported by any other evidence, I shall not call upon them for their defence.

LILLEY NOT GUILTY ,

SPENCE NOT GUILTY ,

DUNN NOT GUILTY ,

CREAMER GUILTY Death .

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

Reference Number: t17790915-3

371. SARAH BUDGE was indicted for stealing a china dish, value 14 s. a tambour muslin cap, value 20 s. a tambour muslin cloak trimmed with thread lace, value 3 l. three holland sheets, value 4 l. a cotton wrapper, value 20 s. three hollicut handkerchief, value 30 s. six holland shirts, value 6 l. five handkerchiefs, value 30 s. five cambrick handkerchiefs, value 50 s. and a bombazeen petticoat, value 2 s. the property of John White-field , in the dwelling-house of the said John , May 24th .

MARY WHITEFIELD sworn.

I am the wife of John Whitefield . Upon the 16th of June was twelve-month, I hired the prisoner as a servant ; I had for a great while a good opinion of her, but having lost a ring which the prisoner pretended she had found in the garret, I suspected her. A gentleman and lady lodged in my house, who missed a great number of things. I got a constable and ordered him to search the garret, and in the prisoner's box he found ten shifts, which had been cut out of my holland sheets, as she herself acknowledged, and eight tuckers which had been cut out of my cambrick handkerchiefs. I can swear to them and a fine white holland gown. I had a suspicion of her sister, and took the constable to her sister's. We found a number of things there in a box. The prisoner acknowledged that the things found at her sister's were my property; there was a gown and some caps that were cut out of a tambour cloak.

(The goods were produced in court by Stephen Joyce the constable, and deposed to by the prosecutrix.)

(A paper was delivered to the court by the prisoner.)

Do you know any thing of these things being given to the prisoner by a daughter of yours? - I am satisfied there was no such thing.

Are there any books among the things? - None.

PRISONER's DEFENCE.

The things are not my mistress's property, they are my own; I bought the muslin of a poor woman; and the lace I gave eighteen-pence a yard for. I did not confess any things. She has charged me with things she

made another servant pay for. She had sixteen servants the year before I came to her.

Jury to the prosecutrix. How old is your daughter? - Thirteen years.

GUILTY Death .

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

(The prisoner was humbly recommended by the prosecutrix to his Majesty's mercy.)

Reference Number: t17790915-4

372. THOMAS COLLINS was indicted for that he in the king's highway, in and upon Ann Green , spinster , did make an assault putting her in corporal fear and danger of her life, and stealing from her person a linen shift, value 18 d. a checque apron, value 14 d. three linen caps, value 1 s. three linen handkerchiefs, value 1 s. a leather purse, value 1 d. and 3 s. 6 d. in monies, numbered, the property of the said Ann , June 6th .

ANN GREEN sworn.

As I was coming up from Birmingham to London on the 6th or 7th of June; at about the o'clock at night, being alone and near a farm house, not far from the Black Hat near Tottenham-court turnpike , the prisoner stopped me, and asked me where I was going; I said to London, and enquired of him how far it was; he said it was near a mile; he asked me if I had any money; I said not much; he said how much; I said only three shillings and sixpence; he asked me to show it him, which I did, and he took it out of my hand; but before he snatched the money out of my hand, he struck me a blow on the face; as soon as he had got the money, he ran away with it into a farmyard that was close by; he had a stick in his hand, and when he snatched the money from me, after he had struck me in the face with his fist, he held the stick across my breast so as to keep me up against the bank. I followed him into this farm; he ran in among some hay; I ran after him; there he struck me with the stick that he had in his hand; I doff'd my shoe and struck him with the heel; a battle ensued, and I believe I should have mastered him, if it had not been for a dog that frightened me away; I then went out to the turnpikeman and told him my story; I then came back with the watchmen and they found the prisoner; they took him to the watch-house; we found the purse and the sixpence that was left in it, upon him; the three shillings were not there. It was a moon-light night; I am sure he is the man that robbed me; there was a man and woman close to us at the time that he kept me in the road talking. I tried to get away from him, but he would not let me; the man and woman who were there at the time he was talking with me went on; he had been with me half an hour before they passed me; I do not mean to charge him with taking the bundle, I only lost it in the scuffle.

JOSEPH HARRIS sworn.

I am a serjeant of the watch. On a Sunday, which was the 6th or 7th of June at about twelve at night, I saw this girl (the prosecutrix) standing with one of the watchmen at his box, the watchman told me that she had informed him of her being robbed, and that he had desired she would continue with him till I came round to acquaint me with the matter. She informed me of the affair; she told me whereabouts it was at the farm-house. I took two or three of the men with me; she said he had taken a purse from her with three shillings and sixpence in money, and she had lost a bundle; she said she followed him into the farm yard, and she was sure he was gone into some of the out-houses; I went into the out-houses; we searched round with a lantern, but could not find him; there was a hay-stack on the outside of the yard almost finished, I searched round it, and we found two men, and pulled them out. We asked the girl if either of them was the man; she said no. We had almost given it up, when one of the men turning the hay from the bottom of the rick found the prisoner lying there; we pulled him out; as soon as the girl came up to him she said that is the lad that robbed me; I said be particular in what you are doing, if you swear to him you will take his life away; she

came round again and said that is the lad, I will swear to him by his eyes; she said if you search him you will find my purse and money. I searched him and found this purse (producing it) in his pocket with a little bit of white worsted, and a bit of white thread, as she had described before we found it, and one sixpence in it.

(The purse was deposed to by the prosecutrix.)

Harris. She brought an old handkerchief she took off his neck at the house when she came to give the information; I asked the prisoner when I found him, if it was his handkerchief; he said it was not, but one of his fellow servants told me he had lent him that handkerchief on the Sunday.

THOMAS PHILIPS sworn.

I am a watchman. I can say no more than what Mr. Harris has spoke before; I went with him, and found the prisoner underneath the hay; he said he belonged to Mr. Ross, and had been a servant to him some time; but Mr. Ross said he knew nothing about him. I saw this purse found upon him. The girl challenged him as the person, and she told us before we went there that she had torn a little bit of his coat off, and we found a bit had been torn out of the slap of his coat.

PRISONER's DEFENCE.

I was out on Sunday night between twelve and one o'clock; she was walking along the road; I was coming up, I was hurt with beer; she asked me where I was going; I said home; she laid hold of me and asked me if she should go along with me; I said she might if she would; she held my arm along the road, she was going into the fields to lie among the hay; she asked me if I would go along with her; I said I was going home; I said if she would go into my master's yard, I would go with her; we went and sat down upon the hay half an hour; I said I would get up and go home; she said d - n me you are not worthy of a woman, you have not above sixpence to give her; she pulled out a purse and said if I would go with her into the field she would give me that; she took off my handkerchief; when she saw it was good for nothing she wanted the purse again. She would not swear she was robbed before the justice till they told her if she swore against me, and cast me, she should have forty pounds.

To Philips. When you took him did he appear to be drunk or sober? - Perfectly sober.

For the Prisoner.

CHARLES WALKER sworn.

I have known the prisoner upwards of five years. He always bore an honest character. He drove a team for my father-in-law. I never heard any harm of him before this.

JOHN WARD sworn.

I have known the prisoner about fifteen months. I never heard but that he was a very honest man.

Jury. Did he use to stick to his work constantly?

Ward. Pretty well in general.

JOHN HARRISON sworn.

I have known the prisoner about four years. I worked with him. I never knew but that he was a sober honest fellow, and minded his business very well.

ELIZABETH JEFFERIES sworn.

I have known the prisoner five years; he drove a team for my husband. He was a sober honest fellow.

THOMAS FRENCH sworn.

I have known the prisoner five years; he lodged with me, on and off, most of that time.

Jury. What time of night did he use to come home?

French. He never was out late the whole time he lodged with me. He worked for Mr. Davis at the same time. I never knew him steal a turnip. I have asked him several times to bring a turnip home, but he would not.

NOT GUILTY .

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

Reference Number: t17790915-5

373. JAMES LAKE was indicted, for that he, in the king's highway, in and upon William Wheatley , feloniously did make an

assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a gold case, value two guineas; a gold seal, a metal watch chain, and a half guinea, and a half crown, in monies numbered, the property of the said William .

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

WILLIAM WHEATLEY sworn.

I am a coachmaker . I was robbed on the second of this month, as I was coming to town from Thames Ditton. I came through Nine Elms turnpike ; there is a little house that is at the end of it, which is called the Cow and Calves; near that I was met by two men on horseback; the prisoner was one of them. The prisoner passed me. I was in a whiskey. He headed my horse, and rode up before me. They had each a pistol. Then the other stopped me, and the prisoner demanded my money. I delivered my watch, which was a gold one in a single case, to the prisoner, and half a guinea and an half crown in money.

Was it light? - It wanted about a quarter of eight I believe: he had a white handkerchief tied under his chin, with an intention to disguise himself.

Was he dressed as he is now? - He appeared to be dressed in dark clothes; his face looked remarkably pale and white. He was close to me during the time. He had white nankeen breeches on.

Did you see any body upon the road at that time? - I saw carriages behind me; the next carriage behind me, I imagine, saw me stopped, for they attempted to stop the carriage, but it drove on. The prisoner's hat appeared to be slapped over his face.

How long might they stay with you? - They appeared to be in a great hurry; they begged I would make no delay, but deliver my money immediately.

Do you undertake positively to swear that the prisoner was the person? - I do swear positively to his person.

Was the watch found afterwards? - Yes; I believe it will be produced in court.

Cross Examination.

You did not know this person; you had never seen him before? - I may have seen him before, but not to my knowledge.

Was you terrified? - Not so much then as I was afterwards.

Then you was not quite so cool about it as you are now? - Yes; I was very cool at the time.

This man had his hat flapped, with his handkerchief round his chin? - It appeared to be tied behind under his chin, with an intention, I imagine, to be pulled up.

Prisoner. He swore before Sir John Fielding , that I had my hat flapped, and a handkerchief under my eyes; a pale face and a red beard.

Counsel. Did you say so? - No; I did not say so. I never described his beard. I could not describe any such thing.

JOSEPH MUNDAY sworn.

On the second of September, a little after eight in the evening, the prisoner was brought into a publick-house, close to Battersea-bridge, on the Surry side, by five or six people. He had had a violent fall from his horse, and was then insensible. When he was brought in, after setting him in a chair, and examining to see if he had any bone broke, he came to himself. One Dover said to him, I have got your watch, Sir. He made for answer, I had no watch. Do you wear a watch in general? Yes. What kind of watch is your's when you wear a watch? A silver one. He was then asked where he lived. He said his name was Lake, that he was a taylor, No. 23, Goodge-street, Tottenham-court-road. Nothing further passed then. Another person came in, and said Jem how do you do? Mr. Lake made no reply to him, but the person that accosted him said we have had a damned sober ride to Kew to day I think. The person who then came in went to the door to go about his business; he said; you had better stay here all night Jem, you will be taken proper care of, and I will be with you in the morning. As

Mr. Lake appeared to me to be much in liquor, and stunned with the blow he got by the fall; he went out of the yard, and sell as he went to the gate, where they take the toll. He staid there some time. I believe he did not know which way he was going. He asked if somebody would go home with him; he had before said where he lived, and offered any body two shillings to go home with him.

What time was this? - About a quarter after eight. He went away, and I went about my business.

You have no doubt that this is the person? - None at all.

Prisoner. I am the person that gave him the horse, and that direction.

Did he go away on horseback? - No; on foot. I sent the horse to the Black Raven inn at Battersea, in order to be taken proper care of.

Did he desire you to send it there? - No; a Mr. Ivey, who is clerk of the bridge, desired me to have the horse taken care of, and I sent my servant with it.

Jury. Was he so much in liquor that he could not go home on horseback, or was it from his hurt? - He appeared much in liquor.

Jury. How long after he came to himself did he deny the watch? - Almost immediately; for the man told him that he had found his watch.

Court. How far is this from Nine Elms turnpike? - Better than two miles.

Counsel for the prisoner.

He immediately denied the watch, and then told you his name was Lake? - Yes; he did.

Is that his name? - I believe it is.

And did he live in Goodge-street? - Yes.

And he said that without any kind of hesitation at all? - Yes.

Court. He does live in Goodge-street? - I know no more than what I heard at Sir John Fielding 's.

WILLIAM DOVER sworn.

I was at the publick-house at Battersea-bridge, between eight and nine o'clock, which was the time when the man was thrown from his horse. I brought him into the house myself. It was the prisoner. I found him on the middle of the bridge.

What passed in the publick-house? - He said he lived at No. 23, in Goodge-street, Tottenham-court-road. He desired they would take him home, and likewise take his horse home. When I took him up, I asked him if he had brought a watch out with him. He said no. I told him I had picked up a watch from under him. He said it was not his.

Did you show him the watch? - It was dark; he could not see it there. I took it to Mr. Munday's house, and delivered it to Mr. Munday, and desired him to take care of it for the gentleman.

Did he say he had a watch at any other time? - Yes; that he had a watch, but that his was a silver one.

(The watch was produced in court by Mr. Munday.)

William Dover . This is the watch I picked up from under the prisoner.

And the seal and chain are the same are they? - Yes.

To the prosecutor. Look at that watch. - This is the watch that I was robbed of by the prisoner.

CHARLES LAMB sworn.

As I was coming over Battersea-bridge, the morning after the robbery, I picked up a pistol. I did not know any thing of the robbery. It was between five and six o'clock when I picked it up.

Prisoner. And any boots? - I saw nothing of any boots. This is the pistol. (Producing a small pocket pistol.)

To the prosecutor. Was you sufficiently composed, and had so much possession of yourself, as to be able to know whether the pistol you saw in the prisoner's hand was a small pistol like that, or a horse pistol? - I cannot swear to the pistol.

You mentioned being robbed near Nine Elms turnpike? - Between the Cow and Calves and a small house before you come to Queen Elms turnpike.

How far is it from Battersea-bridge to Queen Elms?

Mr. Munday. About a mile and a quarter,

or a mile and an half, from the place Mr. Wheatley says he was robbed in.

RICHARD FORRESTER sworn.

I live at the White Horse, in Hanover-Yard. On the Tuesday morning the prisoner came and hired a horse. He said he should want it on Thursday about nine o'clock.

To Wheatley. On what day of the week was you robbed? - On a Thursday.

To Forrester. Was you acquainted with him before? - No.

Are you sure it is him? - Yes; I told him he might have it at the time he mentioned. I asked him where he lived. He said he was a taylor by business, and lived at No. 23, Goodge-street. He desired I would send the horse up there. I said it was a little distance, he had better come down, and have the horse in the yard. He said he wanted to go to Woolwich, and he should be back at six o'clock that night. He had the horse on Thursday morning.

What sort of a horse? - A chesnut, about fifteen hands and an inch high, or better.

To Wheatley. Did you observe the horse the prisoner rode on? - The horse the prisoner was upon was a poney.

Did you observe the other man's horse? - I did not.

To Forrester. Did you let any body else a horse that day? - No.

Did you let out a poney? - I had no other horse let out that day at all.

When did your horse come back? - A woman came the day following, and said a chesnut horse was left at Battersea. I went down that evening, and found Sir John Fielding 's men had been there. I found my horse at the Raven, at Battersea.

You got your horse again the next day? - Not till the Wednesday following.

And that was your horse? - Yes.

Not a poney, but a chesnut horse? - Yes.

JOHN IVEY sworn.

I am the clerk of the Cheque at Battersea-bridge. On the evening the robbery was committed, at a little after eight o'clock, two horse came over the bridge, bridled and saddled, without riders. I think they were both bay horses. The first ran through the gate very fast; the man could not stop it. I seized hold of the bridle of the second, and secured it.

Did you observe what size the horses were? - The horse I secured was rather tall; the other horse was not so tall. In a few minutes after this happened, by what light there was, I could see some people collected together upon the bridge. I went up; there was a person thrown from his horse, who was very much hurt; he was by several people carried off the bridge to Mr. Munday's.

Was the prisoner that person? - Yes; in about an hour afterwards another person came to demand the horse that was secured. I refused him the horse, not being certain it was his. I made some doubt of it. He told me I might be satisfied that the horse came from Westminster-bridge. I asked him what company he was in? He said none at all, he was by himself. I asked him how his horse came without him? He said his horse threw him at the foot of the bridge. I remarked the oddness of two people being thrown so near together, one at the foot of the bridge, the other on the Battersea side, about the middle.

This horse that you secured was the horse that afterwards was sent home to the last witness? - Yes; when I told him the other person was thrown, and appeared to be very much hurt, and that he was at Mr. Munday's, he said, I will go and see him. He went in. I went in presently afterwards. He made some jocular speech to the prisoner. He said, Jemmy, we have had a sober ride, or something to that purpose. Presently afterwards he advised him to stay there all night to be taken care of. Soon afterwards he disappeared, and I saw no more of him. The prisoner, when he came out from Mr. Munday's, stopped some time at the gate. Some questions were asked him concerning the watch. He said he had no watch about him; the watch that was produced and shown him he said was not his. He offered any person two shillings to go home with him,

and mentioned his name and the place where he lived. He said his name was Lake; that he was a taylor, and lived in Goodge-street.

Court. You said the other horse ran through the gate? - Yes.

Was it ever stopped? - I never heard any thing of that horse.

Cross Examination.

The fact is two people were thrown off upon the bridge that evening; - Yes; the horses came within two minutes of each other without their ri ders.

CHARLES JEALOUS sworn.

I was at the apprehending of the prisoner. I went to search his lodging, in Goodge-street, Tottenham-court-road; I believe it is No. 23. I brought these nankeen breeches and waistcoat, and a pair of boots, up to the office.

When did you search his lodging? - The robbery was committed on the Thursday, this was on the Saturday morning.

Prisoner. He took a white cambrick handkerchief out of my pocket which I wrapped my hand up with.

Jealous. That was taken out of his pocket by my partner; he is not here; I expect him every minute.

To Wheatley. Was it a white handkerchief that was tied under his chin? - It was.

Cross Examination of Jealous.

You found him at his lodgings on the Saturday? - Yes.

He had not left his lodgings then? - No; I found him in bed.

What business is he? - A taylor.

Prisoner. This gentleman said I could not be contented, after I had robbed the gentleman, but I must leave my boots, spurs, and pistol upon the bridge; my wife said no, I had not done that, for they were in my lodging.

To Wheatley. Was you long enough with these people, when they robbed you, to observe whether they were drunk or sober? - I think they were much in liquor.

For the Prisoner.

- SPAUGHTON sworn.

I am a painter. I have known Lake four years; he is a taylor. I never heard any thing dishonest of him in my life. He was four years with a father-in-law of mine before I was acquainted with him. I never heard the least stain on his character in my life.

- GREENHURST sworn.

I am a butcher in Goodge-street. He lodged with me near six years. He lodged two months next door, before he came to me. I always looked upon him as an honest young fellow; he seemed willing to get any work, and always did it out of hand.

Has he any family? - A wife and child.

What hours did he keep? - Very good hours, and generally came in sober.

THOMAS TILLEY sworn.

I am a baker. I have known Lake eight months; he behaved like an honest young man, and was looked upon as such by all the neighbourhood.

GEORGE DYER sworn.

I am a blacksmith at Hackney. I have known him eight years, he is an honest hardworking young man.

THOMAS FLEMING sworn.

I keep a chandler's shop opposite the butcher's. I have not known him much. I am a great deal out. He has dealt at my shop, and paid honestly for every thing he had.

- HAINES sworn.

I am a grocer. I have known the prisoner three years, or better. He lodged in my house pretty near a year and an half. He has a very good character, always very sober, honest, and kept good hours. I would have entrusted him with any thing.

THOMAS HINE sworn.

I am a tallow chandler. I have known the prisoner about eight years. He lodges opposite my house. He always appeared to me to be a hard-working, honest young man. He bears a good character in our neighbourhood.

THOMAS BENTEN sworn.

I am a taylor. The prisoner worked for my father about eight months, during that time he behaved well. He is an industrious man.

GUILTY ( Death .)

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

(The prisoner was humbly recommended by both the Jury and the Prosecutor to his Majesty's mercy.)

Reference Number: t17790915-6

374, 375. MARY ROBINSON and WILLIAM COLEMAN were indicted for feloniously stealing two iron candlesticks, value 8 d. two brass candlesticks, value 5 s. an iron shovel, value 4 d. an iron saucepan, value 6 d. and an iron hammer, value 6 d. the property of Thomas Hattam , Aug. 25th .

THOMAS HATTAM sworn.

On the 25th of August I lost the things mentioned in the indictment. I am an iron-monger in Barbican. The prisoners were my servants ; I had discharged Robinson about six weeks before she was apprehended.

You discharged her in the month of June? - Yes.

Was the other still with you? - Yes; I discharged him on the 20th of August; the 25th was the day they were apprehended. I do not know when I lost the goods. On the 25th of August Isabella Prosper came to me and informed me, that Robinson had an apartment in the house she lived in, and she believed she and Coleman had robbed me, and if I would go in the evening I might see them; I went in the evening, and found the things mentioned in the indictment; they had my private marks on them.

Did both the prisoners lodge in that room? - No, only the woman; Coleman had a place in the Custom-house. Isabella Prosper informed me he visited this woman. Having secured the property, I went after Robinson; Coleman hearing of it, in the mean time had surrendered himself.

What did he say? - That he was innocent.

What did Robinson say when you found the things? - She said they were not my property; but before the justice she confessed they were.

What magistrate was she carried before? - Alderman Plomer. She acknowledged she took them herself.

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

WILLIAM HAWKINS sworn.

I am a constable. Every thing I have produced I took out of the woman's room.

Prosecutor. They have all my mark but are not in my own hand writing.

Jury. Do you always discharge the mark when you sell any thing? - No.

Cross Examination of Thomas Hattam .

You discharged Robinson six weeks before she was taken up? - Yes.

You cannot form any judgement when they were in your house? - I cannot.

Might they not have been fairly sold? - They might.

You cannot swear they were not sold? - No.

When did you miss the things? - I did not miss them. They could not have been gone above a month or six weeks, for I had not had them longer.

You say she made a confession before the magistrate; what was said to induce her to make that confession? - The alderman asked her what she had to say; she said she took them.

Was there no promise made to induce her to confess? - None.

You say Coleman has a place in the custom-house? - Yes, he has.

When he got that place I believe you gave him a character? - I did.

When was it he got that place? - About a fortnight before I discharged him.

ISABELLA PROSPER sworn.

The prisoner Mary Robinson took a lodging in the house where I live; I saw Coleman and her come in together, and heard them put something down; the next morning I went up and saw two flat irons and and two brass candlesticks; I did not see him bring any thing in, but only saw them go in together. A week after that I saw some candlesticks on the mantle-piece; I suspected by his coming frequently that he supplied her with them.

Cross Examination.

They were not concealed but were openly on the shelf? - Yes.

ROBERT GRINDAGE sworn.

I am shopman to Mr. Hattam. I know the iron saucepan and brass candlesticks to be my master's property. The marks are my own hand-writing. We had no others of the same pattern; they were got for a person and returned upon our hands.

Can you tell when they were missed? - No, I never sold them; I am positive there was nobody else served in the shop but my master; there was a young apprentice, but he did not understand the marks, and did not serve in the shop.

To the prosecutor. Do you remember whether you ever sold the candlesticks? - I never sold them.

(The prisoners did not say any thing in their defence. Robinson called two witnesses who gave her a good character.)

Jury to Prosper. Were they both discharged at the time you heard the irons set down? - No; it was a good while before he was discharged; she had been discharged about a fortnight.

BOTH NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-7

376. WILLIAM BELL was indicted for stealing a silver tea-spoon, value 18 d. the property of George Waddington ; and two silver tea-spoons, value 3 s. the property of John Lloyd , August 22d .

GEORGE WADDINGTON sworn.

I keep the Spread Eagle in Gracechurch-street . I lost a silver tea-spoon on Sunday was fortnight, the 22d of August. The prisoner came to my house and wanted a bed; when he was gone up stairs my waiter missed the spoon, and went up after him and took it out of his pocket.

What did the man say? - He acknowledged he took it. I sent for a constable. I saw the spoon when the waiter brought it down and knew it to be my own spoon. He acknowledged taking the spoon in my bar.

(The spoon was produced by Thomas Rigal and deposed to by the prosecutor.)

(There were two other spoons taken out of his pocket in the bar.)

BARNET ELLIS sworn.

I am servant to Mr. Waddington. When the prisoner went up to bed, I went after him and took the spoon out of his pocket; he acknowledged taking it, and pretended to be in liquor; he was not in liquor. This is my master's spoon.

SARAH LLOYD sworn.

I lost two silver tea-spoons on the 22d of August. The prisoner came to breakfast at our house in the morning. We keep a publick house, the King and Queen in Hare-street, Bethnal-green .

At what o'clock was he there? - About nine; he went to church and came back to dinner.

When did you miss the spoons? - Not till next day; Mr. Waddington let me know they were found upon him, and he confessed they were ours.

Did you hear him confess? - No.

(The spoons were produced in court and deposed to by Mr. Lloyd.)

THOMAS RIGAL sworn.

I am a constable. I was sent for by Mr. Waddington to take charge of the prisoner. I found, the two spoons upon him; it was about a quarter past twelve on Sunday night.

PRISONER's DEFENCE.

I was very much in liquor. Mr. Waddington's nephew said if I would confess the truth I should not be hurt.

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Imprisonment. See summary.]

Reference Number: t17790915-8

377. PETER VERRIER was indicted for stealing six yards and a quarter of corderoy, value 2 s. the property of Thomas Dawson , July 30th .

THOMAS ASHFORD sworn.

I am shopman to Mr. Dawson, who is a wollen-draper in Wych-street, Drury-lane . On Friday evening the 30th of July at about nine o'clock the prisoner came into my master's shop; he stood on the threshold of the door about half a minute; I was screwing the window-shutters; I saw him take the piece of corderoy, mentioned in the indictment, out of the window; I went after him and stopped him and brought him back.

Did he pretend to come to the shop to buy any thing? - He did not.

Did he speak to you? - No; there was no candle in the shop but at the farther end. The windows were shut; I suppose he did not see me; I was on one side screwing one of the shutters; I brought him into the shop. Mr. Dawson sent me for a constable, and we took him to Sir John Fielding 's; he made no defence before Sir John.

What is the value of the corderoy? - Mr. Dawson says it is valued at too much.

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

GUILTY of stealing to the value of 4 s.

Tried by the Second Middlesex Jury before DEPUTY RECORDER.

[Imprisonment. See summary.]

Reference Number: t17790915-9

378. ANN BROWN was indicted for stealing a pewter quart pot, value 10 d. the property of Barnett Price , August 27th .

BARNETT PRICE sworn.

I keep the Queen's-Head alehouse in Bishopsgate-street without . On the 27th of August at about the dusk of the evening the prisoner came in for a glass of raspberry; my maid served her; she paid for it and went out; when she was gone out my servant missed the pot; she told me, and I went after the prisoner; I asked her what she was going to do with the pot; she said she was going to draw some water to drink. I did not see her with it; when my servant went out and called after her, she set it down. I found a quart pot in her apron which belonged to another person; I charged an officer with her; she was brought back, and was in my passage when I saw her.

JANE ROW sworn.

I am servant to Mr. Price. The prisoner came to our house for a glass of raspberry; I served her, and went to give my master the money; when I returned, I missed a pot from the bar; I went after her and saw the pot in her hand; when she saw me she set it down in the passage; I stopped her and called my master.

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

PRISONER's DEFENCE.

I never had the pot in my hand.

Jury. Was it taken off the premisses? - No, it was in the passage.

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Whipping. See summary.]

Reference Number: t17790915-10

379, 380. ANN KINGSLAND and MARGARET MANN were indicted for stealing four guineas in monies , the property of John Nubley , August 4th .

JOHN NUBLEY sworn.

I live at No. 18, Goodman's-yard, in the Minories; I am a gun-maker . On the 4th of August I had been at the White Horse in Drury-lane, with Mr. M'lntosh and Mr. Wilson. I came from the White Horse about half after eleven o'clock; I made what haste I could home; going by Leadenhall-market, the prisoner, Kingsland came from one of the archways and laid hold of my arm, and asked me to give her something to drink; she said she had not had any thing all day; I said go along with you, you b - h! Then Margaret Mann came up, and they followed me to the Ship in Leadenhall-street ; I gave them three-pennyworth of anniseed, and then left them; they came after me to the five lamps at the end of Leadenhall-street, there they laid hold of me and bid me come out of the light of the lamps; I felt Kingsland's hand in my pocket. I had six guineas. I clapped my hand on my thigh, and saved two guineas out of the six, I lost four; they ran away immediately. They were taken afterwards separately. When Kingsland was taken she offered me fifteen shillings, and said that was all that was left; but I did not take it as I did not know how to act.

When you took Mann did she acknow ledge she was concerned in robbing you? - No; she had hold of me while the other took the money.

Was you in liquor that night? - I was not in liquor.

KINGSLAND's DEFENCE.

We met him by Leadenhall-market; he asked us to drink some gin we told him we did not drink gin, if we had any thing we would have anniseed. There were four of us; he gave us half a pint, and we went out and went away, and I saw no more of him till he came to my lodging the next morning. I had eighteen shilling's which I had in change of a guinea. I never saw his money; he asked if I had any more; I told him I had left two guineas with Mr. Jones, a publican; he said he had lost four guineas, and if I did not give him the money he would send me to Newgate; he went to the publican and gave him a note not to hurt us if he would give him the two guineas.

( Margaret Mann did not say any thing in her defence.)

BOTH GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-11

381. ANN HASSEY was indicted for stealing two guineas , the property of Richard Chancefield , Sept. 4th .

RICHARD CHANCEFIELD sworn.

I live at Brentwood in Essex. On last Saturday was se'nnight, going along Gravel-lane , the prisoner laid hold of me and pulled me into a house; I am a stranger in London. The constable said the place is Gravel-lane.

What time was it? - Between ten and eleven in the day. I was looking for an acquaintaince I had lost him.

Who was you looking for? - One Joseph Lloyd , a person I came up with; we had parted a few minutes and I did not know where to find him; there were three women who pulled me into the house and locked the door, and asked me if I had any money; I said only a little to assist my family, not much of that; then one of them put her hand on my pocket, and said d - n him, he has money. Then they threw me down with violence and took two guineas from me; they said if I made any noise they would take my life. The prisoner is the person that took the money out of my pocket; I laid hold of her hand and desired her to give me my money; she said I ought to be killed because I said I had no money; they then opened the door and bid me get about my business, they had none of my money; and they ran away; a person ran after the prisoner and brought her back to me.

PRISONER's DEFENCE.

He offered to make it up if I would give him a guinea. I know nothing of it.

RICHARD HILLIARD sworn.

The constable Lions told me if she would give the prosecutor a guinea he would go home about his business.

To the prosecutor. Did you give Lions authority to make it up if he could get a guinea? - No, I did not; I would not make it up for two guineas.

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-12

382, 383. MARY JONES otherwise WOOD , and ANN TAYLOR otherwise FORBES were indicted for stealing eight yards of muslin, value 40 s. the property of William Jones , privately in the shop of the said William , July 20th .

WILLIAM PRICE sworn.

The prisoners came into my master Mr. Jones's shop about a quarter after eight o'clock in the morning of the 20th of July. Mr. Jones is a linen-draper in Oxford-street ; they asked to look at some muslin; I shewed them some pieces; Mary Jones ordered me to cut off, a yard and a half. I had a suspicion of them, and watched them the more narrowly as they had been in the shop before and I had missed some muslin after they were gone; I now missed a piece of muslin; I jumped over the compter and asked Mary Jones to let me search her; she said that was a genteel method of treating my customers. I said I missed a piece of linen and she must have it; she then shook the muslin from under her petticoats. I did not observe her taking it; there are eight yards of it; it is worth 40 s.

(The muslin was produced in court and deposed to by Price.)

You did not see the other do any thing? - No, she sat down all the time; I got a constable and sent her to the Rotation Office. There was no one in the shop but myself. When she was before the magistrate she said I accused her wrongfully.

Cross Examination.

You showed them several pieces? - Yes.

When you show customers one piece and they do not like it and you show them more, do not you push the first parcel on to make room for it? - I might.

Then might not it fall down? - No, I jumped over the compter and saw her drop it from under her petticoats; it fell between her feet on the ground.

JONES's DEFENCE.

The gentleman will say any thing; I am not guilty of taking it; he said he had lost muslin before, and thought I was the person that took it.

( Ann Taylor was not put on her defence.)

JONES GUILTY ( Death .)

TAYLOR NOT GUILTY .

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

Reference Number: t17790915-13

384, 385, 386, 387, 388. GEORGE WELLS , WILLIAM ATKINS , JOHN EMMERSON , JOHN CATLIN , and JOHN DRAPER , were indicted, the first for the wilful murder of Thomas Hughes , and the others for aiding, comforting, and abetting the said George Wells the said murder to do and commit , August 4th .

The first three were charged on the coroner's inquisition with the said murder.

CHARLES DUGARD sworn.

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

Did you know the deceased Thomas Hughes ? - Yes.

Give an account of the affair. - On the 3d of August, about six in the afternoon he went out, and I never saw nor heard any thing of him till about five o'clock the next morning, when news was brought to us of his death. The deceased and myself were in partnership together, and lived in the same house.

ROBERT ABINGTON sworn.

I called at the watch-house at about a quarter after two o'clock, I found the constable, the warden, and the beadle sitting in their chairs, they were apparently to me asleep; I jocosely said to them, I was glad to find them all quiet. I enquired of the beadle, whose name is Francis, if he had been his rounds; he said he had. I asked if there were any charges; they said two; I asked what they were; the answer was, that one was a drunken fellow, whom Mr. Emmerson had charged with assaulting and striking him, and that one Hughes was charged by George Wells , a watchman, with assaulting and striking him and tearing his coat. There is always a book kept for inserting of charges; I asked for that book, and this paper was given to me; they said they had locked him up; I told them that as the man was in liquor they might have indulged him by letting him sit in the watch-house and not have locked him up in that place. They likewise told me there was another charge, one John Bartlet , an impressed man. They said that Hughes was so drunk, refractory, and troublesome, that for their own security they were obliged to lock him up. Observing a wig on the table, I asked who that belonged to; an answer was made, (I believe by the warden) that it belonged to the drunken fellow who was locked up. I said the man might get cold by being without his wig, and I ordered the warden to carry it to him; I said let me look at him; we went to the door, the warden unlocked it, and I saw the deceased lying on the floor on his back, the upper part of his shoulder was leaning against the end of the watch-house, his coat and waistcoat were pulled all over his head, his shirt was pulled up, his waistcoat was pulled backwards and yet there was not any of the buttons unbuttoned. Not supposing the man was dead, I ordered the warden to lift him up. A friend of mine who was with me laid hold of his hand and said the man is dead; I

felt his hand, and his fingers were quite cold. I sent for a surgeon; he rubbed the body with salt, and used every means without effect, for the man was dead.

JAMES PHIPPS sworn.

On Tuesday evening, the third of August, I went to Mr. Emmerson's house to meet with a person I wanted to see. A neighbour of mine was sitting there. I staid with him better than an hour. Mr. Hind, one of the king's messengers, came in, and called for the Gazette. I stopped to read it. While we were reading it Mrs. Emmerson opened the parlour door and said, Mr. Emmerson here is a person has called for a pot of beer, and will not pay for it. Mr. Emmerson went out immediately, and was gone some time. After he was gone out, I heard a scuffle in the passage. I went out of the parlour immediately, and found Mr. Hughes and Mr. Emmerson together; I believe they had hold of each other's collar. In going towards the back part of the house there is a step near the end of the passage. Hughes fell off the step; I rather think he slipped off. Emmerson said, take care, or you will be down the cellar, and catched at him to save him from falling. I should have mentioned that all this time there were words between them both but I cannot particularise what they were. I got in between them to part them, and said, for God's sake, Emmerson, do not strike the man. He said he would not, but it was hard to be cheated out of his property, and be struck with a stick. He opened his breast, and there appeared to be a fresh mark upon it.

Did the deceased deny having struck him. - I got in between them, and parted them. I endeavoured to persuade the deceased to pay for the beer. His answer was, he had paid for it; that his name was Hughes, and he was a man of substance, and lived in Maiden-lane. Something brought Mr. Emmerson back, but I cannot say what. The deceased then made two blows at him, one of which struck him. Mr. Emmerson immediately laid hold of him, and went to strike him. I catched Emmerson, and said he should not strike him. He said it was hard to be robbed of his property and be struck, and have no satisfaction. I told him all the satisfaction he should have in my presence should be to charge the watch with him. Upon that Mr. Emmerson went away, I supposed to call the watch; he was gone some time; all that time I was endeavouring to persuade the deceased to pay for the beer; he said he had paid for it, and would not pay again. Mr. Emmerson came in, and brought a watchman with him, and gave Mr. Hughes in charge of the watchman. They went out with him. I went into the parlour, and I heard a noise in a passage that goes into Petty France. The watchman then said the man was so obstreperous, that he could not take him himself to the watch-house; he must get more assistance. Just as I came out of Mr. Emmerson's door the deceased was sitting on his breech at the step of the door. As soon as I came out the deceased threw himself upon his back; he afterwards turned upon his right side, and, with his left hand inclining towards the kennel, he then cried out murder several times, when nobody touched him. Mr. Emmerson was just before that going to him, but I kept him back, and said he was quiet enough then. Soon after came two watchmen. I think they lifted him up, and underneath the deceased was a piece of a coat. I believe it was the shortest of the men picked it up, and said here, d - n you, you have torn my coat; but I will make you pay for that. I observed there was a piece of the right side of the watchman's coat torn off. After the man was standing upon his legs the two watchmen, the deceased, and Emmerson, all went away together, and I went home.

RICHARD SLADE sworn.

I am a watchman belonging to St. Margaret's, Westminster. Upon the fourth of August, just as the clock struck one, I saw Mr. Emmerson, the deceased, and two watchmen, come along. I asked what was the matter there. Bell, the watchman, told me they had got a gentleman that had torn the cuffs off his coat, and a piece off the back. Then they went on towards Tothill-street. When they came about two doors down, the passage was so narrow that they could not walk three a-breast.

Where were they when you saw them

first? - In Chapel-street. I told them they had much better go on the highway, as they seemed to be almost one upon another. Mr. Emmerson was before them. That is all that I saw.

PETER NOURSE sworn.

As I was crying the hour of one, I met the two watchmen and the deceased. The watchmen's names were Atkins and Wells. They passed me, and were quiet then. That is all that I know of it.

ELIZABETH PENMAN sworn.

I had been at Wapping, and came home at one o'clock. As I came along Tothill-street I heard a noise. I was afraid of getting into trouble for being out so late. I thought they had got a pressed man, and I ran under the porch of a door to hide myself. I saw them have hold of a man, and a tall man walked sometimes before and sometimes behind the man. I did not know any of them. They had lanterns in their hands. I heard the deceased groan very badly as they came along Tothill-street. The deceased said something to that tall man, I could not distinctly hear what. The tall man replied, D - n you, you rascal, you ought to have one of your arms cut off. Upon that, one of the watchmen, I believe he that had hold of the left side of him, struck him, and said, d - n your sulky eyes, you can walk if you will.

Do you know who that watchman was? - I did not know either of their faces. He struck him with a staff about the collar bone, or near his neck. They were just then passing me.

Which of the men struck him? - I cannot tell any one of them. The deceased's head hung on one side. One of them took up a lantern, and struck him on the other side, upon the temples, with the edge of the lantern, upon which I heard him cry oh! three times. Then they passed me. I saw them as far as Colonel Carey 's; there the deceased groaned three times. I ran home, and saw no more.

JOSEPH HOLDER sworn.

I am a coachman to Mr. William Jones , near the corner of Dean's-yard, Westminster. I had been out with a family to Clapham, and had set them down in Fenchurch-street. I came, and put my horses up, it was then near one o'clock. I heard some people talking at the end of Tothill-street. I stopped, and heard the voice of a man, saying, what authority have you got to use me in this manner? The answer by some person was, we have got an authority, and we will show you our authority. I then heard murder cried three or four times very loud. I went to my own door, stood upon the steps, and saw four persons in company; three of them had got hold of a man, one under each arm, and the other was holding one of his legs, and the other part was dragging on the ground, and the voice of somebody, as they went along, said take hold of the other leg. They made a bit of a stop before they came into the Abbey church-yard, and I saw no more of them.

How many men were there of them? - Three with him, and one walking on one side, which made four.

Do you know any of the men? - I do not.

GEORGE CARPY sworn.

I am a watchman. I was on my stand in the Broad Sanctuary, Westminster; between the hours of one and two I heard the cry of murder. I went to the place where I apprehended the cry came from; there I saw the deceased between two watchmen and a publican. One of the watchmen is George Wells , the other William Atkins ; the publican was Mr. Emmerson. They had got the deceased upon his face, lying on the ground.

Who had hold of him? - He was between them; they had not hold of him then. I asked what was the matter. The answer was that they had got a charge from Mr. Emmerson, and that he was a drunken, obstinate man. I asked how he was to be taken to the watch-house. Atkins made answer, take a limb. Thereupon I saw Wells take hold of the left side of his neck; William Atkins took hold of his right arm. I then took hold of one of his legs to save him from being dragged, and John Catlin took hold of the other. Mr. Emmerson insisted

upon his being brought to the watch-house, as he had a charge to lay against him for assaulting him, and wanting to bilk him of a pot of beer in his own house. From thence Mr. Emmerson proceeded on towards the watch-house, and we followed as fast as we could. When we came to the watch-house there was Mr. Emmerson and Mr. Draper, the constable, together, and the deceased was lying down in the watch-house. The constable said I will have him locked up directly. By the constable's desire, I had the key to open the door of the lock-up-hole; but, when the deceased was lying on the ground in the watch-house, I saw him move his head, which I should have mentioned before. I opened the door, and they brought him out into the lock-up hole, and he was put in by George Wells . He took him under his arms, and set him upon his breech on the bottom of the place, with his head against the seat. I locked the door.

Did you observe in what position his clothes were? - His clothes and shirt were all pulled up in a heap. I locked the door, and saw no more of him.

Court to Mr. Abington. Was that the position you found him in? - No; the upper part of his shoulders leaned against the end of the watch-house.

You have heard the account he has given; do you suppose, front that account, he was in the same place, when you saw him, as when this man left him? - Yes; excepting that he might have slipped down a little; but the clothes were all up as he has described.

Counsel for the prisoners. Was he a corpulent man? - Rather lusty.

To Cooper. What idea did you entertain from the way in which you saw him? What did you imagine to be the occasion of his being so lifeless? - I looked upon it that he was in liquor; they represented him to be a drunken, obstinate man.

To Phipps. From what you observed of the deceased, did he appear to be very much in liquor? - He appeared to be in liquor, but not so much as either to lose the use of his feet, on his speech.

PHILIP BERKLEY sworn.

I was taken by the lieutenant of a press-gang to the watch-house the same night. I was much in liquor myself. I laid me down upon the boards in one corner of the lock-up place. I had lain there about three hours, when they waked me with bringing the deceased in. I got up from the place to make room to bring him in. Three watchmen lugged him in by main force; they laid him down in the corner, in the place where I got up from. One of the watchmen, very jocularly said, d - n you, there is a pair of you. In their bustle one of the watchmen was locked up in the lock-up hole; they opened the door, and let him out again. I sat down upon one of the benches; the deceased lay in the corner. Between two and three o'clock I was awaked by Mr. Abington; he bid one of the watchmen unlock the door. When the candle was brought in, the deceased lay up in the corner, with his clothes, waistcoat and all, stripped over his head. One of the beadles said to me lend a hand to lift him up. We tried to lift him up; his head was inclining on one side; his waistcoat was pulled off without unbuttoning; it was slipped up; the buttons were inside, Mr. Abington said he thought the man was dead. A surgeon was sent for. He tried to let him blood, but very trifling came from him. The surgeon ordered him to be stripped, and rubbed with salt, and tobacco fumes to be blowed up his nostrils. He declared him to be dead. Then I was taken out of the lock up hole.

Mr. SAMUEL HANBURY sworn.

I am a surgeon. I was called up by the church-wardens to the deceased. The man, when I came there, was to all appearance dead. I found no pulsation; his extremities were very cold and stiff. It appeared to me that he might have been dead some time; but to satisfy my friends I used every means to restore him, but with very little hopes. I was pretty sure he must have been dead some considerable time. After trying a variety of means, I gave it as my opinion he was dead. I took particular observation if I could see any external marks that might

have caused his death. I examined him very attentively, but could find none, except a slight scratch on the fore part of his throat. A mark of something having been very tight about his neck; I judged it to be his shirt-collar. I then went into the watch-house to Mr. Abington, who was enquiring into the manner in which he was brought there, and from the account they gave there of the rough manner in which he had been brought, I got a candle, and returned again into the lock-up place. Mr. Abington went with me. I examined the body again very attentively, but I saw no other appearances upon which I could form an opinion of the occasion of his death, but this scratch upon his throat, which appeared like the mark of a nail in the neck. I then left the watch-house and went home. In the afternoon I was called upon by the coroner to inspect the body. The first appearances which I took notice of were a very large blackness, extending a good way round the neck, and a great deal round the chest; those appearances, I imagine, must have arisen from the putrefaction, and it being exceeding warm weather, and probably in some measure encreased by the pressure of the men's hands round those parts. I am particular in mentioning these circumstances, because, from these appearances, there are prejudices in the neighbourhood very much against the prisoners. I had a gentleman with me, and I opened the body. Upon inspecting the thorax I found that in a very sound state, and the abdomen too. I opened the stomach. I found nothing there but a little undigested fruit, and a very small quantity of blood; but it appeared as if he had been drinking of spirits; there were no appearances that could lead me to suppose any injury had been done to occasion his death in those parts. I then opened his head, and found the vessels of the head remarkably full indeed of serum, and there was water in the ventricles of his brain; the whole brain had just the appearance of a man that had been hanged, which case I once had an opportunity of seeing. From these appearances I was led to suppose that the man had been strangled.

Suppose he had died of a fit, occasioned by having too much heated his blood by drinking, would there have been the same appearances that you found upon your examination? - There would probably. I should imagine there would have been more appearances of blood upon the brain; there might, I should imagine, have been those appearances if there had been any pressure upon the brain.

Cross Examination.

I understood you, that when you first inspected the body you observed nothing that could lead you to say decidedly what was the occasion of the deceased's death? - I could see no marks but those I mentioned.

Is it not very easy to happen to a man of a full habit of body to be suffocated by being laid horizontally, without any remarkable degree of violence? - Certainly; there is more danger to a corpulent than a thin man.

WELLS, ATKINS,

Not Guilty of murder, but Guilty of Manslaughter only .

EMMERSON, CATLIN, DRAPER,

NOT GUILTY .

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-14

389. SUSANNAH COLE was indicted for feloniously stealing a mahogany chair with a horse-hair seat, value 10 s. the property of Edward Goodridge , July 27th .

EDWARD GOODRIDGE sworn.

I am a broker in Holbourn . I had a mahogany chair taken from my door on the 27th of July. I saw it there in the morning; I had put it out in the morning; between eight and nine it was gone.

ANN JAVAN sworn.

I saw the prisoner whom I had met before coming from Covent-garden market; I saw her as I went up to Holborn on the opposite side of the way to the prosecutor's house; she said this side will not do with me; she crossed over; I saw her take the first of six mahogany chairs, standing at the prosecutor's door; it had a hair bottom and brass nails; it was at nine in the morning, I had a load on my head, therefore I did not go immediately into the shop to alarm Mr. Goodridge.

WILLIAM KELLY sworn.

I saw the prisoner in Peter-street, Saffron-hill, with a mahogany chair with a horsehair seat and brass nails upon her head, between ten and eleven o'clock. I am sure she is the woman because I spoke to her not to break the windows as she went by.

NOT GUILTY .

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

Reference Number: t17790915-15

390. ANN HOWARD otherwise BARRET was indicted for stealing a cotton gown, value 28 s. the property of Ann Jones , spinster , August 10th .

ANN JONES sworn.

I lost a cotton gown on the 10th of August, out of my own room; I saw it about ten in the morning; at about eight at night I missed it; it was found next day at Mr. Humphreys's, a pawnbroker.

THOMAS BARBER sworn.

I am servant to Mr. Humphreys. The prisoner pledged this gown with me on the 10th of August at about five in the afternoon; she said it was her mistress Miss Jone's. She often pledged things at our shop.

JOSHUA RIDGLEY sworn.

I lodge in the same house that Ann Jones lodges in. On the 10th of August about ten in the morning I saw the prisoner knock at the door and ask for somebody; I told her I did not know any such person; she asked if there were any lodgers in the house; I said no; she then said is not this Mrs. Bruce's; I said yes; she then went out and shut the door.

PRISONER's DEFENCE.

I lived servant with Mrs. Jones; she used to send me to this pawnbroker's to pawn things; I met her on the 10th of August; she said she was going into the country and wanted a little money, and asked me to pawn this gown for her; I did for fourteen shillings; and she waited at a publick-house till I brought the money.

NOT GUILTY .

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

Reference Number: t17790915-16

391, 392. FRANCIS PRITCHARD and SARAH his wife were indicted for stealing four pieces of carpeting called Wilton carpeting, value 5 s. the property of Abraham Dyson and Josiah Widnell , August 25th .

JOSIAH WIDNELL sworn.

I know the prisoners perfectly well; the woman has been servant to me many years. I am a carpet manufacturer , and am in partnership with Abraham Dyson, who lives in Holbourn; we have a warehouse on Little Saffron-hill, where I live. On the 25th of August one Dyall, who had nursed the prisoner's child, gave my brother an inscrmation of some carpeting being in the prisoner's room; and by a key she had she let him into the room, where he saw several pieces he knew to be my property; he informed me of it, and in the morning I went to the prisoner's lodging. Dyall told me he took it to Rosemary-lane to sell. Mrs. Cole, the prisoner's landlady, said, if you look sharply after him you will catch him out, for this is his market day. I do not doubt but he is making up a bundle to go to Ragfair, and will come out presently; accordingly I waited at the door till the prisoner came out of his lodging with a basket on his head; I asked him what he had got there, he said nothing but his apron. I desired to see it; he refused to let me see it; I insisted upon it, and laid hold of it and turned his apron aside, and saw it was carpeting; the woman was then at work in my warehouse; she was intrusted to work where the carpeting is, and I thought she was a woman I could have safely trusted. They both confessed before the justice that they had carried on this practice from last Christmas. He went down upon his knees and prayed me to forgive him. He used to come backwards and forwards to bring the key of their lodging to his wife, and fetch it from her, and bring her tea, and such things. The husband accused the wife, and the wife took it upon herself; she said she had taken that piece in the morning and had carried it to her husband.

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

JAMES HITCHCOCK sworn.

On Wednesday the 25th of August at about nine in the morning as I was going to breakfast, I saw my master, who was just before me, stop Prichard, and take the basket off his head; he gave me charge of him; we took the husband up to the wife and undid the carpeting, and they both fell a-crying. The wife confessed she took it and gave it to her husband.

HENRY WIDNELL sworn.

I am brother to the prosecutor. Upon the 24th of August, a woman, one Dyall I think her name is, came to me and asked me if my name was Widnell; I told her yes; she asked if I belonged to the manufactory; I

said no, that was my brother, he was not at home; she then asked me if there was any perquisites of list or carpeting in our business; I said I believed not; she then said she believed there was some stolen from us, or something of that kind; she went and borrowed a key and took me into the prisoner's lodging, and opened a box and shewed me some carpeting; I knew it directly, and said I was sure it was not allowed, and was sorry to find it there; I went to my brother that night and informed him of it, and in the morning my brother saw the prisoner, Francis Pritchard , come out with the carpeting; my brother took him to the warehouse. Both the prisoners cried and begged for mercy. My brother sent me to Justice Blackborough for an officer; when I returned Francis Pritchard pretended to be in sits.

FRANCIS PRICHARD 's DEFENCE.

I know nothing of it; I am a porter; I came home for the basket which I had left over night; I took it, but did not know there was any carpeting in it.

SARAH PRITCHARDS 's DEFENCE.

I know nothing at all of the matter.

(The prisoners called three witnesses who gave them a good character.)

To Josiah Widnell . You say the wife confessed she had taken this piece of carpeting. - She confessed taking it.

Did she say her husband put her upon it? - No. I believe she would sacrifice her own life to save his. She said, when asked about it, he knew I stole it.

FRANCIS PRITCHARD GUILTY .

SARAH PRITCHARD NOT GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17790915-17

393. ELISABETH RICHARDS was indicted for stealing a watch with the inside case made of metal and the outside case covered with shagreen, value 20 s. the property of Charles Andrews , August 12th .

CHARLES ANDREWS sworn.

I live in Oxford-market. I had been to Covent-garden; in coming back I met a friend who asked me to give him a glass of something to drink; we went into a publick-house, and as I was coming out the prisoner laid hold of me and asked me if I would give her a glass; I said no; she went with me as far as the corner, and there four or five laid hold of me and took my watch from me.

What time was this? - Between ten and eleven at night.

Where was it? - In Hog-lane, Oxford-street .

Was the prisoner one of them? - Yes.

Did you go into any house with them? - No.

Did they ask you to go into any house? - No.

Who was it you treated with a glass? - A man, a neighbour of mine.

Where was that? - At the Crown in Hog-lane. As I came out a woman asked me to give her a glass; I said I would not.

Was that woman the prisoner? - I cannot tell.

Was the prisoner one of the four or five who fell upon you? - I cannot tell; she was taken afterwards.

Have you got your watch again? - No, it has never been found; they got me down and robbed me of my watch; I felt it go, and missed it immediately.

JOHN FULLER sworn.

On the 12th of August, about a quarter before eleven o'clock I went down to the Crown alehouse; I saw several women standing on the opposite side of the way, they were talking of Andrews; Mary Maloy swore they had done him over very easily, meaning they had robbed him.

CHARLOTTEE M'CLOUGHLING sworn.

On Thursday was six weeks, the prosecutor was at the Crown; he came out very much in liquor; Elisabeth Richards said there is a drunken man, I will go and make him treat me, for money I want and money I will have. She went and asked him to treat her; he would not, and said she wanted to

rob him; she said he should say she wanted to rob him for something; and then she knocked him down and felt for his money; she felt, his watch first and took it; and put it under her apron and ran by Maloy and said it would fetch but little, it, was in a shagreen case. I saw nobody near but the prisoner and Hughes at the time.

Jury. What are you?

M'Cloughling. I sell things about.

Jury. Do you sell things at eleven at night, how came you out then?

M'Cloughling. I was helping to spend some money with some of my own sort. I live in Church-street, St. Giles's.

MARY MALOY sworn.

I was standing at the Crown alehouse, the corner of Hog-lane, there were a good many of us all together; I saw the prosecutor come out of the Crown alehouse, very much in liquor. Richards said to Hughes, there is a drunken fellow coming; and they both went together and asked him to give them something to drink; he would not; whether they threw him down or not, I do not know but the man was down, and I saw Richards take his watch and give it to Hughes; she said it would not fetch much, it was a green shagreen case.

Jury. Where do you live? - In Church-street.

What do you follow? - I go out with a barrow, and sell lavender.

You know the prisoner very well I suppose? - Yes.

To Andrews. Was you in liquor that night? - Yes.

Was you attacked by five women? - Yes, if not more.

The witness says there were only two? - There were more I am certain, I could not stir from them, they had their arms round my neck.

You was thrown down; - Yes.

Do you recollect the witness is Maloy and M'Cloughling? - I do not remember any of them.

Jury. You do not remember seeing the prisoner that evening? - No.

PRISONER's DEFENCE.

The night they say this happened I was going to bed; my child was ill, I went out to get some anniseed, and when I came out the watchman said that some women were taken up for stealing a watch; I went down to the watch-house; M'Cloughling came in and said I was concerned in stealing the man's watch, and said she would clear twenty of them, and would swear her soul as black as a mourning coach against me; she has swore all this against me out of spite.

NOT GUILTY .

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

Reference Number: t17790915-18

394. CHARLES KETTERIDGE was indicted for feloniously, carnally, knowing and abusing Sarah Roultney , an infant of the age of four years and an half old , July 24th .

(The infant ( Sarah Poultney ) was set up to be examined, but no answer could be got from her to any questions put to her.)

SARAH POULTNEY (the mother) sworn.

This affair was found out on Saturday the 24th of July. I came home and ordered my girl to undress my little daughter at ten at night.

Where do you live? - In Baldwin's-place, Baldwin's-gardens; my husband is a powder-flask maker. When I ordered the girl to undress the child, the child said mammy, wash me, I said I was so tired that I could not wash her; she said she was sore and could not walk. I drove her up stairs; when I got her up stairs I observed her to be lame; I took her up stairs and put her upon my lap; I found her private parts were swelled as big as my fist; I cried out Lord, fetch in my neighbour to look at her; she came, and said the child has been injured by a man, she has got the foul disease; I immediately took her up to Mr. Dimond, in Holbourn; Mr. Dimond ordered me to bring her up next morning; the two brothers examined her. We took the prisoner up

and had him before Sir John Fielding . When we went with the warrant, the prisoner came to the door; I stood on the other side of the way, I crossed over and said that is your prisoner; he started, and said O Lord, what have I done, what have you got to alledge against me! I said young man, I am sorry for you, that you have not had more grace, go along with that gentleman, and you will know too soon to your sorrow.

Had you ever seen him before? - I knew him by sight but had never spoke to him before in my life. I went to Sir John Fielding ; Sir John said, my dear, tell me who hurt you; she said Mr. Wright's coachman .

Was you present at the time? - I was.

And the prisoner was present? - Yes. She said Mr. Wright's coachman; Sir John said where was it in the garret or the kitchen; she said neither, it was in the stable; where did he lay you? on the hay. Sir John said point out the man; she pointed out the prisoner; upon that Sir John committed him.

You say the prisoner was present all this time? - He was arraigned at the bar.

What did he say? - He said he was innocent.

Did he deny the fact? - He said he was innocent. I remember the child two or three weeks before, came in to me at dinner time; she had been missing; I could not find her; I asked her where she had been; she said, mammy, I could not come for Mr. Wright's coachman locked me in the stable; I said what did he do there; she said he took up my clothes before and behind; I took up her clothes and observed her to look very red; I said to my husband what does the fellow mean by playing tricks with my child, I'll go and kick up a dust with him; he said pho, pho, the coachman is always playing with the children. My child told me another time when I told her she might take a walk along with a girl, that she would rather go with the coachman who was to give her a ride; I gave her a penny to spend; when she came home she said that instead of taking her to ride in the coach he locked her in the stable; I said no more, but sent her to bed.

Do you of your own knowledge, or does any body else to your knowledge know any thing that affects the prisoner except what they had from the story of the child? - It is three times, by the child's story that he has taken her into the stable.

Has any one ever seen any thing pass? - I believe not.

BENJAMIN BERNARD sworn.

What do you know of this charge? - I know nothing but what I heard the child say.

Mr. ROBERT DIMOND sworn.

Mrs. Poultney brought the child to me on Saturday night between ten and eleven o'clock; I looked at the child, and told her there was some degree of inflammation upon the parts; she said she apprehended the child had been injured; I told her it was impossible to judge of the state of the inflammation by candle-light, but wished she would bring her the next morning; she brought the child about nine or ten o'clock the next morning; my brother and I both inspected the child; there was some degree of inflammation in the exterior parts, and there was a little discharge.

What was your opinion? - I cannot pretend to say what was the cause of it.

From your view of the parts is it your opinion that she had been lain with by a man? - I cannot pretend to say that; we find inflammations in children of that age upon these parts from other causes. I could not perceive any laceration. I saw her again on the Monday morning, there appeared then rather an increase of the discharge, but the degree of inflammation was much the same.

Mr. GEORGE PINCHES sworn.

I am a surgeon. I was called in by Mr. Dimond on the Monday morning to inspect this child, as Mr. Dimond did not choose to give his opinion himself. I washed the parts with milk and water; I inspected into the vagina as far as the inflammation would admit, but the inflammation was so great then that it was impossible to have such an examination as would enable one to say whether the child had been penetrated or not. If I had had the child under my care till the inflammation abated, I could have ascertained that.

Do you think the discharge was venereal? - It is not an easy thing to say that.

Mr. JOHN DIMOND sworn.

I saw the child on the Sunday morning; she had a discharge upon her; I desired that no application might be put to it, and that I might see the child again on the Monday morning; there appeared then a considerable discharge round about the child, owing to its not having been washed.

What is your opinion? - I cannot form any opinion upon it: I desired to see the child again but I never saw it after that time.

NOT GUILTY .

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

Reference Number: t17790915-19

395. JOSEPH ROBERTS was indicted for stealing a silver watch, value 50 s. a steel seal, value 2 d. and a cornelian seal set in silver, value 1 s. the property of John Thorley , in the dwelling-house of the said John , July 26th .

SUSANNAH THORLEY sworn.

I am the wife of the prosecutor, we live in White-Chapel road. My husband is an oilman . On the 26th of July my husband's watch hung up in a little room behind the shop near the fire place; I saw it there between ten and eleven, and missed it before eleven. I was gone out for a little time; when I came back I heard somebody go out of the shop; I missed my watch; immediately I saw a man going along, I suspected he had been in the shop; I followed him; he went into another shop just by; when he came out of that shop I laid hold of him and asked him if he had not been in our shop; he said he had been to ask for one Mr. Harris, a bricklayer, and that he went into the other shop also to ask for him; I desired him to go back to that shop again to enquire for him; when I got him there I taxed him with having got the watch; he denied it; a Mr. Rice, a neighbour, came up and threatened to charge a constable with him; he then took it out of his breeche and gave it to Mr. Rice.

(The watch was produced in court by Mr. Rice, and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I found the watch upon the threshold.

GUILTY of stealing to the value of 39 s. Fined a shilling and sent to serve the king at sea .

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

Reference Number: t17790915-20

396. GEORGE SEYMOUR HOLFORD was indicted for stealing three large silver table-spoons, value 3 l. and five silver tea-spoons, value 16 s. the property of William Hawke , and a silver tea. spoon, value 3 s. the property of Caroline Marshall , in her dwelling-house , July 14th .

ANN THORNTON sworn.

I am the servant of Caroline Marshall , who lives in Hant-street, Bloomsbury . The prisoner had been at the house some days before, and he came back on the 14th of July, pretending to take lodgings; it was just before breakfast. I let him in, and let him into the parlour. I went up two pair of stairs to call my mistress to come down to speak to him. The spoons in question lay in the kitchen; he had been in the kitchen seven or eight days before. When he called there I was the only servant in the house. I might be up stairs about ten minutes with my mistress. When I came down he was gone, and the spoons, which I missed immediately. I had seen them there the moment before he came in. It must have been him that took them, because nobody else had been in the house, for the door had not been opened that morning till he came. He was taken up upon the 24th.

What was the value of the spoons? - They are set down in the indictment, the table ones at thirty shillings a piece, and the five tea spoons at sixteen shillings.

PRISONER's DEFENCE.

I would ask her if she saw me steal the spoons. I have no witnesess here.

GUILTY of stealing to the value of 30 s.

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

[Imprisonment. See summary.]

Reference Number: t17790915-21

397. JOHN DIMSDALE was indicted for stealing two sattin wood tea-chests, value 10 s. and a looking-glass in a mahogany frame, value 10 s. the property of Richard Howell , privately in his shop , Aug. 13th .

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

NOT GUILTY .

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

Reference Number: t17790915-22

398. JOHN PEARS was indicted for feloniously stealing a black mare, value 5 l. the property of Samuel Finch , July 2d .

SAMUEL FINCH sworn.

I lost a black mare on the 2d of July; it was kept in my stables in Brick-street. I let her to hire for that day to the prisoner, to go to Sutton in Surry. He said he was to return at eight at night. He did not return with it. I asked him where he lived. He said No. 25, King-street; that he I dged there. I went next day to this place to enquire after him. There was no such man to be met with. I heard afterwards that my mare was sold on the same day at Smithfield.

JOHN HALL sworn.

On the 30th of July I found a mare near Rotherhithe. I brought her to the Rotation-office. Finch saw her, and swore to her, and I delivered it to him.

WILLIAM HOLLIS sworn.

I bought the mare of the prisoner on the 2d of July, in Smithfield, at five in the afternoon. I sold her to one Shaw, of Rother-hithe, that afternoon. I saw the mare at the Rotation-office afterwards, on the 30th of July; that was the same mare I bought. Finch swore to her.

Finch. That was the same mare that I let to hire to the prisoner.

(The jury found it special verdict for the opinion of the twelve judges.)

(The jury say they are of opinion he hired the horse with a fraudulent view, and intention of selling him immediately.)

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

[No punishment. See summary.]

Reference Number: t17790915-23

399, 400. RICHARD MILLS and PHILIP LE GROVES , were indicted for feloniously stealing twenty bushels of peas, value 3 l. the property of William Bennet and Robert Atkins , in a barge called the Betley, upon the navigable river of Thames , July 5th .

WILLIAM BENNETT sworn.

I am master of a barge, the Betsey . She was lying at King James's stairs, Shadwell ; she had about forty quarter of peas in her. In the night of the 5th or 6th of July, I lost between four and five quarters, I believe, but I cannot be exact. I know they were lost the night of the 5th or 6th, because I was on board the barge in the evening, and left the men to lock up the hatches, which they neglected to do. I heard there was a robbery committed in the barge.

Do you know the prisoners? - Yes; they are both lightermen and watermen.

What was the value of the peas? - The real value was five or six pounds, or more.

WILLIAM TOMLINS sworn.

I am a constable. I was called out between eleven and twelve o'clock by the watch, and the officer of the night, when Mr. Bennett's barge was robbed, and was informed there was a boat seised with peas in it; at the same time the watch desired to know what they were to do with them. I went down to the water-side, and ordered them to be lodged in the watch-house, and that one of the officers might take charge of the boat, for there was nobody with the boat when I was there. I went to bed at half after one; at half after two the watch knocked me up again, and said they had got a man they believed

belonged to the gang, and they partly knew, I believe, who they were.

(There being no other evidence but an accomplice, whose testimony was not confirmed by any corroborating circumstances, he was not called.)

Both NOT GUILTY .

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

Reference Number: t17790915-24

401, 402. RICHARD MILLS and PHILIP LE GROVES were indicted for feloniously stealing six hempen sacks, value 12 s. the property of Thomas Kendall , July 5th .

THOMAS KENDALL sworn.

I am a Wharfinger and coal-merchant . I lost I dare say an hundred sacks in July last. About the 7th of July I heard that some peas had been stolen, and that my sacks were at Limehouse watch-house; upon which I went there, and I can swear to six of the sacks. They were taken out of a waggon upon the wharf.

Do you, of your own knowledge, know of any thing that affects the prisoner with having stolen these sacks? - No more than missing the sacks, and finding them there; nothing further but what the accomplice says.

(There was the same defect of evidence as before.)

Both NOT GUILTY .

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

Reference Number: t17790915-25

403. MORRIS DOYLE was indicted for that he, in the king's highway, in and upon Sarah Simpson , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one shilling and 7 d. in monies numbered, the property of the said Sarah , July 26th .

(The prosecutrix was called, but not appearing, the court ordered her recognizance to be estreated.)

NOT GUILTY .

Reference Number: t17790915-26

404. SUSANNAH BRYAN , spinster , was indicted for stealing two pewter pint pots, value 10 d. the property of William Mansfield , a pewter pint pot; value 5 d. the property of Charles Power , and a pewter pint pot, value 5 d. the property of George Smith , September 9th .

WILLIAM MANSFIELD sworn.

I am a publican . Two pewter pint pots, that were found on the prisoner are my property.

JOHN JONES sworn.

I am a constable. I took the prisoner. I found these pint pots in a barrow the prisoner was wheeling.

(Two of the pots were produced and deposed to by Mr. Mansfield.)

CHARLES POWER sworn.

I saw the prisoner take a pint pot out of my house, and put it into her Barrow. I sent for Mr. Jones, and gave him charge of her, and then we found seven more in her barrow.

(The pot of Charles Power was produced in court, and deposed to by him.)

GEORGE SMITH sworn.

This pot of mine (pointing to it) was found in the prisoner's custody when she was stopped.

THOMAS HOWARD sworn.

On Tuesday was a week the prisoner came into Mr. Smith's house. She called for a pint of ale. It was brought her in a spouted pint pot, with a glass to drink put of. The prisoner had a barrow at the door with small nuts and pears. She had her dinner with her. In about half an hour she paid for her ale and went away; after she was gone, the spouted pot was missing.

PRISONER'S DEFENCE.

The barrow did not belong to me. As I was going along a woman asked me to drink with her. I sat on the side of the barrow with her. One of the gentlemen came out, and said his pint pot was missing. I then sat on the side of the barrow. He said, if it is in the barrow open it. They did, and found the pots in it. I know no more of it than the child unborn.

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

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

Reference Number: t17790915-27

405. ELIZABETH BATCHELOR was indicted for feloniously stealing a gold ring, value 18 s. the property of John Emerson , Feb. 2d, 1777 .

ANN EMERSON sworn.

I am the wife of John Emerson . I lost a gold ring. I missed it from some part of my house up stairs. I found it again at a pawnbroker's some time ago. I went over accidentally, and saw it in the window. I found it very lately.

Did you know the prisoner? - Yes; she used to come occasionally when any of the family were ill, and she used to go to my drawers. I thought well of her.

- MENIZ sworn.

I am a pawnbroker in petty France, Westminster. I took that ring of the prisoner at the bar the second of February, 1777. I lent her half a guinea on it. Fourteen months after that she came again. I then bought it of her for sixteen shillings in March 1778. Since that time it has been in my window, but I could not meet with a customer for it.

Did she give any particular account of it when she brought it? - She said it was her own; that it was given her; she has brought very good things sometimes for other people.

PRISONER'S DEFENCE.

I found the ring about half a yard from the door, and there was another ring with it of base metal.

Court to Ann Emerson . Can you recollect whether this woman was backwards and forwards in your house at that time, in Feb. 1777? - I was ill at that time, and she was with me as a nurse.

To Ann Emerson . Do you know your husband's hand-writing? - Yes.

Look at the name John Emerson (showing her a Letter)? - It seems like his.

The Letter read.

Mrs. Batchelor,

Do not be afraid, you have nothing to fear. I will do all I can for you. I expect Mr. Minns, my wife, and the lawyer, and if possible they can get off they will not appear

From your friend,

JOHN EMERSON .

NOT GUILTY .

Reference Number: t17790915-28

406. THOMAS WILLIAMS was indicted for stealing two jars, value 5 s. the property of Edward Puyke , Sept. 4th .

(To which he pleaded guilty .)

Reference Number: t17790915-29

407. ELIZABETH HARRIS was indicted for stealing seven yards of red and white linen cloth, value 4 s. the property of John Priestman , July 10th .

SAMUEL CORRALL sworn.

I am servant to Mr. Priestman. On the 10th of July, between two and three o'clock, the prisoner came to my master's shop, in company with a man who came to pawn a pair of shoes. She was speaking to him. She stood a minute or so near some linen that was hanging up for sale. A woman who was in a box, pawning some linen, told me the prisoner had a piece of linen hanging under her petticoats. I looked and saw the linen, and jumped over the counter, charged her with having the linen, and saw her drop it from under her petticoat. I do not know whether the prisoner or I took it up. She begged me to let her go, and said what would you have more, you have got your property again. I charged a constable with her, and took her before the justice.

PRISONER'S DEFENCE.

I never had the linen. I had been drinking with a woman, who came in to pawn some linen, and in spite she said I had the linen.

GUILTY of stealing to the value of 10 d.

Tried by the Second Middlesex Jury before Mr. Deputy RECORDER.

[Whipping. See summary.]

Reference Number: t17790915-30

408. SARAH JOHNSTON was indicted for stealing a silver watch, value 3 l. a steel chain, value 6 d. a clay seal, value 1 d. and a stone seal, set in base metal, value 1 d. the property of James Lock , Aug. 14th .

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

NOT GUILTY .

Reference Number: t17790915-31

409. JACOB DANIEL was indicted for stealing a wooden firkin, value 1 s. and 55 lb. of butter, value 30 s. the property of Richard Price , Aug. 25th .

RICHARD PRICE sworn.

I am a cheesemonger in Whitechapel . On Wednesday the 25th of August, in the evening, I had some butter brought in a cart from the Swan-inn; there was a firkin of it lost out of the cart. I know nothing of its being lost till the firkin, and the prisoner, were brought back. I gave charge of the prisoner to an officer.

DANIEL FREDERICK HENRY sworn.

I am servant to Mr. William Claxton , of Whitechapel. I was standing at my master's door, in the evening, on the 25th of August. I saw the prisoner and another man follow a cart, laden with firkins of butter. I saw the prisoner go to the cart, and take a firkin out. The cart was going on towards Mr. Price's. I immediately pursued him, and took hold of his arm, on which he dropped the firkin. I took him back to Mr. Price, and my fellow servant took up the firkin, and brought it after him,

(The prisoner, in his defence, called his mother, who gave him a good character.)

GUILTY .

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

[Whipping. See summary.]

Reference Number: t17790915-32

410. 411. SARAH BRIDGWATER and JANE BRISTOW were indicted for stealing a silver watch, value 40 s. a steel watch-chain, value 1 s. a steel watch-key, value 1 d. a steel watch-hook, value 1 d. and two silver seals, value 3 s. the property of John Wormald , July 22d .

JOHN WORMALD sworn.

On the 22d of July, in the evening, a little after six o'clock, I took a walk out in Mary-le-bonne fields ; it began raining, and I went for shelter into a skittle ground, at the Queen's-head and Artichoke. I staid there about three quarters of an hour. The prisoners went out first. It being fair, I thought I would take a walk as far as a house called the Jews-harp. There is a narrow passage that goes into the fields; as I was going through that passage Bristow laid hold of my arm, and pulled me into a necessary belonging to the Queen's-head and Artichoke, and asked me what money I had in my pocket. I said I had only a few halfpence. Bristow put her hand part of the way into my waistcoat-pocket. I took hold of the money on the outside of my pocket, and begged to have the privilege of making them a present of it myself. I then took out my money, and put it in my mouth.

You refused to give her the halfpence? - Yes; then Bridgwater lifted up her fist, and began beating me about. I said what is the matter; let me out; I do not know you; I never saw you to my knowledge. No, blast him, says the other, bolt the door. They bolted the door, and Bridgwater kept her back against it, and got my head beside her belly. I had put my watch in my waistcoat pocket for fear of losing of it. They let my breeches down behind, and then they left me. As soon as they were gone I missed my watch. I went into the fields after them, and begged and prayed of them to give me my watch; they danced and capered about the fields, and would not give it me. I went and got assistance, and had them taken up. When they were brought to the watch-house, Bridgwater said to me, God bless you, Sir, I take you to be an honest man, but I do not know whether you are a man or a woman.

She might have known that? - Yes; it was against my consent.

Have you found your watch? - No.

RICHARD MAY sworn.

Mr. Wormald, the prosecutor, came to me, and said he had been robbed of his watch by some women, who were in the fields. Mr. Small and I went and took them. I took Bristow; she said she would go peaceably. Mr. Small came up with Bridgwater; she seemed to go peaceably with him at first, but soon after struck him on the breast. I quitted the other, and came up to her. She said, I looked something like a man, she would walk quietly with me. We had not got far before she served me in the same manner, and got quite away. I was some time before I

recovered myself. Some of Mr. Wellings's people came to my assistance, and we secured her again; four or five of us could hardly manage her. I put a pair of hand-cuffs on her with a great deal of difficulty, and she kicked and bit my arm. At last we got her to the watch-house; she then said, if I would go back with her into the field, the watch should be produced; it was then about ten o'clock.

Did she confess taking it? - No. I would not go with her by myself, but asked her to tell me where it was, or let somebody go with us, but she would not. The next day, when she was before the magistrate, she said it was bid in the necessary. A person went to look for it, but it was not found. She said she was innocent of the affair. Jane Bristow made no confession in the world.

BRIDGWATER's DEFENCE.

I was at the Queen's-head and Artichoke; this man was in the skittle-ground, much in liquor. I went to draw a pail of water, and saw him go into the necessary. He came into the skittle-ground again, and said he had lost his watch, and would take up some of us for it. He struck me with a stick he had in his hand, and threw down the water. I am as innocent as the child unborn.

BRISTOW's DEFENCE.

I was at this publick-house, talking with Bridgwater. We went out, and were going by the necessary, and this gentleman pulled me in. I asked him what he wanted me to do; he said I must whip him. I went out, then he pulled me in again and this young woman, and bolted the door; he then took out his handkerchief, and tied some knots in it, and said we must whip him. I did not know what he meant; he afterwards said he had lost his watch. I never saw any thing of the watch.

To the prosecutor. I do not see what occasion they had to unbotton your breeches to take your watch? - They are the persons that robbed me of my watch; they have made it out that I was in liquor; I was as sober as I am now. If I was on my deathbed I would say the same.

Bristow says you pulled her into the necessary? - They were both there before. Bristow pulled me into the necessary. I am above sixty years old; I could not stand against these creatures. I gave four guineas for the watch thirty years ago.

Both GUILTY of stealing to the value of 30 s.

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-33

412. PHILIP KIERNAN was indicted for the wilful murder of Thomas Graves , July 8th .

He was charged on the coroner's inquisition with feloniously killing and slaying the said Thomas.

ANN LULHAM sworn.

Did you know Thomas Graves ? - Yes.

He is dead? - Yes.

Do you know Philip Kiernan ? - Yes.

Did you see what happened between them on the 8th of July? - I did not see any of the blows. I was gone to the other end of the inn. I was told the deceased was knocked down. I went and saw him on the ground, and helped to lift him up; he had no strength to stand; he had no sense at all; he never spoke after.

What day was this? - The 8th of July about six in the evening.

What place was it at? - Fullwood's-rents. He died about a quarter before ten that night.

Did you see any marks of injury? - There was a mark on his forehead, and a blow in his throat, under his right ear; that I suppose clenched his teeth that he could never open them afterwards. There was a little blood on the child that went home with him in the chair.

GEORGE WILKINSON sworn.

Did you know the deceased? - I did.

Do you know the prisoner? - I remember it is the man. I did not know much of him before. I live at the County-court-office. Fullwood's-rents. I belong to the Register. I was going home about six in the evening, as near as I can recollect on the 8th of July.

Where was you? - I was at the County-court-office door. I had ascended the steps; there are four steps; I was on the uppermost step. I heard some words, in Gray's-inn, between the prisoner and the deceased, which I could not distinguish; there is a high brickwall between the place where I was, and where the parties were.

Do you remember the effect of the words? - I could not distinguish what the words were; they seemed to be quarrelling. The deceased came out of Field-court, and the prisoner very close to him, following of him to the door of a Mr. Dancer, which is directly opposite where I live. The prisoner asked the deceased if he would fight him then. The deceased replied, I will not fight you now, I will fight you to-morrow morning. The prisoner gave the deceased a push, or tap, with his hand, just to touch him.

Immediately? - There were a few words, but it was very short the whole of it.

What part did he touch? - About the breast, and repeated his question will you fight me now. The deceased replied no, I will fight you to-morrow. There were more words passed, which I do not recollect. The prisoner then snatched a stick which the deceased had in his hand from him, and attempted to break it upon his knee, and then struck him with his fist.

On what part did the blow fall? - About the head; the deceased fell, but was, not entirely down; I believe he was almost down. As he attempted to rise again, and was partly up, the prisoner struck him a second blow, which laid him flat entirely at his length on the ground. I afterwards called to some officers that belonged to the County-court who were near, to remove the man. I perceived he was incapable to help himself at all. That is the whole that I know of it.

After the deceased was knocked quite down on the ground what became of the prisoner? - He went away.

Immediately? - Not immediately; there was a soldier laid hold of him.

How long was it after the second blow that the soldier laid hold of him? - I believe not two minutes; I cannot be exact as to the time. The prisoner then went his way; the soldier, as he told me, did not apprehend the consequences.

Did you know these parties before? - I knew the deceased, as he was a runner to the officers of the County-court, to assist them in doing their business.

You did not know any thing of the prisoner? - I did not know that he belonged to Gray's-inn.

The prisoner snatched the stick out of the deceased's hand, and attempted to break it on his own knee? - Yes.

Did you know the meaning of that? - No.

Was it that the prisoner wanted to provoke the deceased to fight, and wanted him to be on equal terms? - I do not know what he meant.

He did not break it? - No.

What became of the stick? - I do not know how that came out of his hand. It came afterwards into mine, and I produced it before the coroner.

Jury. Did the deceased offer to strike the prisoner? - Not that I saw; many things might pass that I did not see.

Cross Examination.

A great many things might happen that you did not observe? - There might.

There were a great many people present? - A great number.

ANN WESTON sworn.

What did you see of this affair? - I saw the deceased go out of a publick-house, the sign of the Duke of York, at Fullwood's-rents, at about six o'clock in the evening. Mr. Wilkinson was standing on the Court of Conscience steps. He called the deceased to him; he came out of the Duke of York, shaking his stick at Ann Green. Mr. Wilkinson bid him not beat the woman. Ann Green is the person that lived with the deceased. He said to Mr. Wilkinson what must I do with her; I cannot tell what to do.

Did you see any thing of the prisoner? - Yes; I did not see any thing of him till after the woman went into Field-court. This woman came up to Mr. Wilkinson at the Fountain-steps, and he bid her go home. She

want into the court and turned herself round and called Mr. Talboys and the deceased rogues and villains; the prisoner came up and told her she was not to make a riot there. The prisoner was the porter of Gray's-Inn. she told him she would go or stay, which she pleased; the deceased hearing him speak to the woman, went up to him and told him not to use his wife ill, for if he himself used her ill nobody else should; the porter desired them both to go; this was in Field-court; the deceased said he would go or stay which he pleased, that they had no business to interrupt him and his wife; the porter said to him, you would look simple if I was to give you a slap in the face; the deceased said if he did he should be very apt to return it; the prisoner said if he would go into the Rents he would fight him for a guinea; then they both came out and went into the rents.

How far are the rents from Field-court? - They go directly out of the rents into Field-court. The prisoner said to the deceased will you fight me now?

Did you see Mr. Wilkinson at that time? - He was standing upon the steps; the deceased said he would not fight him, he would defer it till the morrow; then the prisoner took the stick out of his hand, put it over his knee and attempted to break it; it did not break in two, it split; then the deceased went to put his hand to take the stick from him, and the prisoner struck him.

Do you remember where the blow fell? - I cannot justly say, it was some part of the head; the deceased fell, and as he was rising again the prisoner gave him another blow which laid him flat on the ground.

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

Cross Examination.

Do you remember when they were in the inn together the first interference of the prisoner, who was the porter of Gray's-Inn, was for the purpose of bidding the woman get out of the inn, who was making a noise there? - Yes it was.

Then the deceased came up and said, if he had a right to use his wife ill nobody else should; do you recollect the deceased challenging the prisoner to fight, and taking out money for that purpose? - I never saw any money, nor did not hear him say any thing to challenge him.

Did you hear him swear or use any imprecations that he would beat him or thrash him if he would come out of the Inn? - No, I did not hear any such expression.

When they came out of the inn did you see any attempt on the part of the deceased to strike the prisoner? - I did not see any.

FRANCIS LINDSAY sworn.

I was in my own shop I think upon the 8th of July last at about six at night, I heard a noise in the Rents; I did not go out directly; just as I went out I saw the prisoner's arm in the act of giving the deceased a push or a blow, I cannot tell which, and the deceased tell down.

You know nothing of the beginning of the business? - No, I do not.

THOMAS DONALDSON sworn.

I was coming past the Court of Conscience steps at the time the deceased was talking to Mr. Wilkinson, who advised him to let his wife alone; the deceased said what can I do. At that time the woman was making a noise in Field-court. The prisoner attempted to put her out there and told her he would have no noise; I went into Field-court, and stood at a distance; I heard more words pass. The prisoner was aggravated by the the deceased to return back twice.

In what manner? - There were words, but I cannot pretend to say what the words were; the prisoner was coming away from him in Field-court; they went then into Fullwood's Rents; I followed at a distance; when I came into the Rents, I saw the deceased give the prisoner a sort of a shove; then the prisoner attempted to break his stick.

Did he take it from him? - I believe he took it from him, I saw him attempt to break it, upon which the deceased gave the prisoner a blow on the side of the head, I believe.

Court. You do not mistake this matter do you; you say the deceased gave the prisoner a blow on the side of the head? - Yes; then the prisoner gave him a blow and knocked him down; in rising again, before he was quite up, the prisoner gave him another

blow and laid him down upon the ground again.

Cross Examination.

You said the prisoner was twice about to leave this man and go away from him peaceably, but he was brought back by the deceased aggravating in, as you call it, what do you mean by that aggravation? - Abuse. He twice turned round to come away.

JOHN COLRICK sworn.

I was standing at my master's door in Fullwood's Rents, Holbourn ; when I came out of the door there was the deceased's wife knocking at a gentleman's window. Graves, the deceased came out, shaking his stick; the little girl said, mama, mama, he is coming; they ran into Field-court; Mr. Wilkinson was standing upon the steps going up into the County-court; he stopped the deceased; the deceased said what can I do with her; will you go home? she said she would not. The prisoner came up and talked with them; I was at too great a distance to hear what passed; the deceased ran up to the prisoner; they seemed to wrangle; this was in Field-court; then the deceased ran up to the prisoner, talked a good while, I went up to the gate; the deceased was pulling a shilling out of his pocket, and the prisoner pulled out his watch and they were talking of fighting; the prisoner said come into Fullwood's Rents, I will have no noise here, and I will fight you there; I went in before them, the prisoner came up to the, deceased and asked him if he would fight him; the deceased had a stick in his hand; he snatched it out of his hand; a man in the crowd said do not strike him with the stick; he said no, nor he shall not strike me with it, and he turned about to break the stick on his knee; the deceased gave him a blow somewhere about the head; he let the stick fall immediately and gave him another blow; he was rising up again; I turned round, the deceased fell just behind; I did not see the blow.

NOT GUILTY of murder but guilty of manslaughter only .

Fined 1 s. and discharged .

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

Reference Number: t17790915-34

413. ANN HASWELL was indicted for stealing a pair of woman's stays, value 5 s. the property of Richard Halby , November 2d .

MARY HALBY sworn.

Upon the second of November or thereabouts, the prisoner, who lodged in the house where I lodge, was turned out of her lodging; I gave her leave to sit in my room all night, that she might not be in the street. She went away about nine in the morning or after, and I missed a pair of stays and a cloak. I never saw the prisoner for a great while after. About a month ago I met her in the street; I charged her with having stolen my cloak and stays; the prisoner owned it, and said she had worn the stays out, but she would return the cloak, which she did. She told me where she lived. She was afterwards taken up on a charge of robbing her master, and her master sent for me last Thursday.

WILLIAM PAYNE sworn.

I was sent for by the prisoner's master to take charge of her; the prosecutrix was there; the prisoner confessed she had had the stays, but that they were worn out; she said she had given her the cloak again.

PRISONER's DEFENCE.

She gave me the stays; she said they would keep me warm in the cold weather.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Whipping. See summary.]

Reference Number: t17790915-35

414, 415. JAMES WOOD and ELIZABETH LEVY were indicted, the first for feloniously stealing a wooden trunk, covered with leather, value 5 s. three striped silk gowns, value 28 s. a cotton gown, value 9 s. two stuff petticoats, value 5 s. a cloth coat, value 20 s. and a pair of bellows, value 6 d. the property of Thomas Rathey , August the 23d ; and the other for receiving the above goods well knowing them to have been stolen; against the statute .

THOMAS RATHEY sworn.

My coach was robbed on Monday night

the 23d of last month of a leather trunk. I am a coachman ; I drive the Stratford coach. It belonged to a passenger. I do not know what was in it.

MARGARET EPPE sworn.

I took a coach in Whitechapel to go to Bow. The coachman drove to Crutched Friars to take up my trunk and box; he returned to Whitechapel , and stopped there some time; while we were there, there was an alarm that the trunk was lost; I know nothing how it was taken. All the things mentioned in the indictment (repeating them) were in the trunk.

SAMUEL SOLOMON sworn.

I was going from Petticoat-lane into Whitechapel, going across the broad place. I met four young fellows with this box; the next day going through Whitechapel I heard that a box had been lost; I told them I had seen four fellows with a box the night before.

Did you know either of the four you saw with the box? - No.

Was the prisoner Wood with them? - He was coming across the place at the time.

Was he one of their company or not? - Yes, he was in company with them.

You do not know what box they had? - No, it was dark that night.

JOHN TANN sworn.

The prisoner was taken up and by his information I had a warrant to search the house of Mrs. Cantell.

Did you search that house? - Yes.

How do you know the prisoner made that information? - I was present; it was in his examination before the justice.

Was that examination taken in writing? - Yes.

(The examination was not returned into court by the justice of the peace.)

Tann. I found part of the box and these things in Mrs. Cantell's house (producing some of the property of the prosecutrix) Barber was with me.

JOHN BARBER sworn.

I belong to the Rotation Office, in Whitechapel. I went with Tann to search the house of Mrs. Cantell; we took her and the things before the justice; the prisoner Wood said that he was in the house, when the things were brought in, and they asked him to break the box open.

Cross Examination.

You found the things in the house of Cantell, who is run away? - Yes.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr Justice ASHHURST.

Reference Number: t17790915-36

416, 417. MARY MATTHEWS and REBECCA HASLEM were indicted for stealing a cloth coat, value 5 s. and a cloth waistcoat, value 3 s. the property of Peter Saubergue , July 20th .

PETER SAUBERGUE sworn.

On the 20th of July I sent my wife out to dispose of a coat and waistcoat; she informed me they were taken from her.

MARY SAUBERGUE sworn.

I am the wife of the last witness. I was going over Tower-hill with a bundle under my arm, on the 20th of July, at about seven o'clock in the evening, one of the prisoners came up to me and wanted to take the bundle from me; she beckoned to the other prisoner to come to her assistance; they asked me if I had any thing to sell, they thought I was going to Ragfair, and wanted me to untie the bundle for them to look at them; I told them they were things that were very good and I thought would not suit them; I would not untie the bundle; I said it was an improper place; they got on each side of me, and told me there was a publick-house over the way where they dealt; that they were known there and if I would go there they would bargain with me; I went with them to the publick-house; I had hardly got in, when Matthews took the bundle from me and flung the coat and waistcoat carelesly over her arm and bid the other woman call for a pint of beer; I bid her not call for a any beer for me; I looked after the clothes, and Matthews was gone with them; Haslam

said she was only gone into the other room with them, and begged I would not be uneasy, for she was a very honest woman; she went out at a back door with them; after her telling me that, somebody (who I suppose belonged to them) came to the window and said to Haslam that there was a crowd of people, and an acquaintance of theirs had like to have been killed; then Haslam ran out of the house, upon that I asked the womand of the house, who appeared to be a creditable woman, if the woman with the coat and waistcoat was in the other room; she said no, that she supposed they had taken me in; she bid me keep close to the other woman; I went after her and saw her on Tower-hill, and desired she would produce me the clothes or the money; she took me into Ragfair, and there she wanted to leave me; I desired her to give me the money or the clothes; she said it was nothing to her; I took her by the tail of the gown, upon which another woman gave me a knock on the arm, and gave her a push, and bid her go away, and not mind me. Haslem turned round and gave me very bad language, and said I had stole the clothes, that they were not my property, and got away; a person behind me said he supposed I was wronged, and desired me to apply to a person who took Haslem, that was about nine o'clock; Matthews was taken about twelve o'clock the same night. When I was before Justice Sherwood I saw the salesman who had bought the clothes; he had them at home then.

JAMES BARKER sworn.

I am a constable. At about seven o'clock this woman came to me and told me she had been robbed; she gave me charge of Haslem and another woman, who was discharged before the Justice; I took Matthews about ten o'clock at night, just by the ship door in Rosemary-lane.

( James Grateloux , the salesman who bought the clothes, was called; but not appearing, the court ordered his recognizance to be estreated.)

BOTH NOT GUILTY .

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

Reference Number: t17790915-37

417. JOHN CRAYTON was indicted for stealing a linen handkerchief, value 5 s. the property of Edmund Estcourt , privately, from the person of the said Edmund , July the 9th .

EDMUND ESTCOURT sworn.

On the 9th of July; between nine and ten at night, I went into the Union Coffee-house in the Strand . I found a man rather close upon my heels all the way up the Strand; a boy ran in after me and said, have not you lost your handkerchief? I felt and missed it; he said a man who was gone up towards Temple-bar had stolen it. I went after him with the boy; we did not find him; we came back; the boy said he often came by of an evening, and he knew him very well, and supposed he would come by again; I ate my supper at the coffee-house; I told the boy if he would give intelligence if the thief came back, I would give him something; the boy afterwards came in and said the thief was gone by; I ran out; he pointed out the prisoner; I took him into the coffee-house, and in the presence of a great many people there he took out and dropped my handkerchief, and kicked it under the box; I am certain it is mine, it has my mark upon it. He was taken to the watch-house, and I was bound over to prosecute him. My lord, when I preferred the indictment, I said it was worth five shillings, as they cost me six shillings and sixpence by the dozen; I find by that means the indictment is laid capital; I was not aware of the consequence when it was so put down. This is the handkerchief (producing it) I sealed it up in a paper, and have had it ever since.

You said somebody was near you; you do not know who it was? - No, I do not.

From the prisoner. Did you see me near your person? - No, I did not.

THOMAS M'ANOY sworn.

I live at the Union Coffee-house. I was shutting up the shutters on the 9th of July, between nine and ten at night, I observed a man behind Mr. Estcourt, and saw him take something out of his pocket very quick.

Do you know who that man was? - Yes, if I saw him (looks round) that is the man (pointing to the prisoner).

Was there light enough to see him? - Yes. Myself and a gentleman who keeps an oil shop saw him one night picking pockets. The prisoner ran over the way; I went to ask Mr. Estcourt if he had lost any thing; he went away; I ran towards Temple-bar, but could not find him. Mr. Estcourt desired me, if I saw him again, to let him know. I stood at the door; I saw him again; and informed Mr. Estcourt of it. We went out and laid hold of him, and brought him into the coffee-house; we searched him. The prisoner took out the handkerchief behind his coat and dropped it.

Did you see that? - No; I saw when he was first taken, that he shifted something into his hand behind his coat.

From the prisoner. Did you see me near you, or find the property about me? - You was near me.

PRISONER's DEFENCE.

The prosecutor laid hold of my collar and bid me pull all I had out of my pocket, which I did. He took me into the coffee-house and made me strip naked; he found nothing about me; he turned round to a bench and picked the handkerchief from under the bench. He had been all day in the coffee-house, as I hear: I am innocent of it.

GUILTY of stealing to the value of 10 d.

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

[Imprisonment. See summary.]

Reference Number: t17790915-38

418. MARGARET MORGAN was indicted for stealing a pair of callimanco pumps, value 2 s. the property of Benjamin Banks , August 12th .

BENJAMIN BANKS sworn.

I am a shoemaker . On the 12th of August, about five in the afternoon, the prisoner came into my shop and asked for a pair of callimanco pumps; I shewed her several pair; she found fault with them; I left one pair by her and went to reach some more; when I returned I saw that pair a good way under her petticoats; I showed her a pair then that fitted her; she desired me to put some sprigs in the heels, whilst I was doing that, I kept my eye upon her, and saw her with her left hand put the shoes up her petticoats; she then said she had not money enough; she would return for the shoes; she went out of the shop; I followed her into the street, laid hold of her and told her I must have the shoes she had secreted; she seemed a good deal surprised, and said she did not know what I meant; I told her it was in vain to conceal it, for I saw her secret them. I brought her back into the shop and my sister found them upon her.

ELISABETH BANKS sworn.

I put my hand in the prisoner's pocket hole and took the shoes out of her hand, and delivered them to Mr. Cavell.

(The shoes were produced in court by Mr. Cavell and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I went to the door to see after an acquaintance; the gentleman came after me and said I was going to steal his property.

GUILTY .

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

[Whipping. See summary.]

Reference Number: t17790915-39

419. ELISABETH SCOTT was indicted for stealing a pair of silver shoe-buckles, value 10 s. the property of George Moffat , September 7th .

GEORGE MOFFAT sworn.

I live at the Blue Mare and Magpie in St. Catherine's. I belong to Lieutenant Scott . On the 7th of this month, while I was speaking to the prisoner in Mr. Franks's yard, who keeps the King's-arms, East-Smithfield ; she took my breast buckle out of my breast; I made her give it me again; she picked my pocket of my shoe-buckles.

Was it day or night? - It was about six o'clock in the evening; they were in my jacket pocket.

Did you get them from her? - No, she ran away.

Did not you perceive her taking them out of your pocket? - No.

When did you see her again? - Not till two days after.

Did you know any thing of her before? - I never spoke to her above once before in my life; I knew where she lived; I sent an officer after her; she had left her place; he found her two days after.

Did he find the buckles upon her? - No.

What did she say when she was taken up? - She said nothing at all to me.

JOHN SADLER sworn.

I took up the prisoner on the Information of Moffatt; I asked her what she had done with the buckles; she said she was so much in liquor if she did take them that she did not know what she had done with them.

NOT GUILTY .

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

Reference Number: t17790915-40

420. ANTHONY WRIGHT otherwise WILLIAM WRIGHT was indicted for stealing three cloth coats, value 20 s. three dimity waistcoats, value 20 s. a cane with a gold head, value 10 s. a silk purse, value 2 d. a German flute, value 5 s. two pair of leather shoes, value 4 s. two hats, value 5 s. a pair of linen sheets, value 5 s. and a piece of foreign silver coin, value 4 s. the property of Edmund Harvey Combe , August 23d .

ANN FURMAN sworn.

I am laundress to Mr. Edmund Harvey in the Temple. On Monday the 23d of August between seven and eight o'clock, I was at the chambers, and missed the several things mentioned in the indictment; the chest of drawers was broke open and the things taken out of the drawers.

Who took them? - I believe the prisoner, who was waiter at Knight's Coffee-house in Essex street, because Mr. Adams his master said he had some of the things.

ANN AMBRY sworn.

I am servant to Mr. Weaver, who keeps the Dolphin in the Strand at the top of Essex-street. The prisoner came to my master's the night the things were lost, and desired him to let him leave a bundle or two there; he said he had had a quarrel with his master, and should leave him in a few days; at the first time he brought the gold cane and the hat; he went out again and brought another bundle; there was the cape of a coat stuck out; he brought another bundle with eight new books. They were taken away again the same night. His master and Mr. Adams came and had the things. I cannot tell what the bundles contained.

(The goods were produced in court and deposed to by Ann Furman .)

(The prosecutor was called but did not appear.)

NOT GUILTY .

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

Reference Number: t17790915-41

42. ADAM WALKER was indicted for stealing thirty yards of silk ribband, value 4 s. the property of Thomas Harris , August 27th .

(The prosecutor was called but not appearing the court ordered his recognizance to be estreated.)

NOT GUILTY .

Reference Number: t17790915-42

422. 423. CATHERINE LINGLEY and SARAH NEW were indicted for stealing a silk handkerchief, value 1 s. and 11 s. 6 d. in monies numbered , the property of Nicholas Stephens , July 12th .

(The constable produced the handkerchief and some money, which he found on New, which he deposed the prosecutor had said were his property; he said he had enquired after the prosecutor, according to the directions he gave him, but had never been able to find him.)

Both NOT GUILTY .

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

Reference Number: t17790915-43

424. THOMAS KING was indicted for stealing three silver butter boats, value 3 l. 10 s. two silver table spoons, value 22 s. four silver tea-spoons, value 8 s. a silver strainer, value 2 s. a silver punch ladle, value 16 s. two silver salt-cellars, value 24 s. two silver salt-spoons, value 4 s. a pair of leather pumps, value 4 s. 6 d. and a pair of worsted stockings, value 3 s. the property of Robert Anderson , in his dwelling-house , July 12th .

ROBERT ANDERSON sworn.

I keep a publick-house at Shadwell . The prisoner is a soldier ; he was quartered upon me. Upon the 12th of July I was robbed of the goods mentioned in the indictment (repeating them). They were taken out of my chamber. The prisoner was pursued and taken, and brought to my house, and in my presence the goods mentioned in the indictment were taken out of his pocket. I set them down on a piece of paper, one by one, as they were taken out of his pocket.

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

MARY GROVES sworn.

I am servant to Mr. Anderson, the prosecutor. I was drinking tea in the bar-room, when the boy came to me, and said the soldier had passed him, and he heard something rattle in his pocket like plate. My mistress bid me go up stairs, and see if there was any missing; then we went in pursuit of him.

JAMES STEWARD sworn.

I was sent for to take charge of the prisoner, and I saw the plate taken out of his pocket.

FRANCIS HARRISON sworn.

I was standing in the kitchen. As the prisoner passed me. I heard something rattling in his pocket like plate. I told my mistress of it. We went after him, and took him in Old Gravel-lane; the prisoner went back with us to my master's house.

To Anderson. What is the plate worth? I have valued it in the indictment at between seven and eight pounds; but I have put them at a very low price.

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

GUILTY ( Death .)

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

Reference Number: t17790915-44

425. CHARLOTTE DAVENPORT , otherwise BARRIMORE , a single woman , was indicted for stealing a capped and jewelled watch, the inside case made of gold, and the outside case of base metal, covered with fish-skin, value 5 l. a steel watch chain, value 6 d. a base metal watch key, value 1 d. and two stone seals, set in gold, value 20 s. the property of William Stonehouse , privately from the person of the said William , July 16th .

WILLIAM STONEHOUSE sworn.

I am an apothecary I supped with a friend, on Friday the 16th of July, at the west end of the town; and after supper, having taken rather more wine than usual, I became a little elevated. The gentleman I was with said he would see me part of the way home; going along we were accosted by the prisoner at the bar, and another woman, who asked us to give them some wine.

Where were you accosted? - I do not recollect the street; but it was in our way from Wardour-street, Soho , towards the Strand .

At what time of night was it? - Between eleven and twelve o'clock, to the best of my recollection. We went to a house, known by the name of the Ham, in Cecil-court, where the prisoner took us; we went up stairs, and my friend called for a bowl of wine and water. He went out of the room with one of the women, and told me if I would wait a little while he would come to me again. I accordingly waited with the prisoner at the bar. After a quarter of an hour had elapsed, my friend came out of the room with the other woman. He went down stairs, and then the woman that came out of the room came and sat on the left hand side of me. The prisoner sat on the side where my watch was, on my right hand side. My friend never came back. In a very short time after, the person who sat on the left side of me got up, and went to

the farther side of the room, and the prisoner immediately said I want to speak to my friend; in consequence of which, after a little subsequent discourse between themselves, they both went down stairs, and left me by myself in the room. The woman of the house immediately came up to be paid for the liquor which my friend had called for, and upon putting my hand into my pocket for money to pay for the liquor, I missed my watch. I said I had lost my watch; those women had robbed me. I asked her if she knew any thing at all of the two women. She said no, she had never seen them before.

When do you recollect having your watch? - I recollect having the watch at the time I went into the house.

Did you take it out to see what it was o'clock? - I did not.

What makes you remember it particularly? - I cannot say any particular circumstance, only knowing I had it at the time I went into the house.

Are you sure as to that woman at the bar? - I am certain that is the woman.

Have you any thing to lead you to suspect her more than the other woman? - I cannot say I have.

Do you think it possible, from the manner in which you sat with two women, one on each side of you, that either of them might have taken your watch, and you not know which it was? - I cannot say that, because I must have felt the hand of her that sat on my left hand coming across me. I did not feel the watch go. I was a little elevated, but was sober enough to know perfectly what passed.

Have you got your watch again? - No; it was pawned; the pawnbroker is here. It is a gold watch in a fish-skin case, capped and jewelled; there were to it two gold seals, one with a coat of arms, the other a cypher, one a white seal, and the other a red one.

Was you in such a situation that your watch might have dropped out of your fob? - No; I was sitting down all the time.

It could not have dropped out? - It could not; it was impossible.

Had you ever seen the prisoner before? - No.

JAMES COLLINGS sworn.

I am a pawnbroker, and live at the corner of Walker's-court, Berwick-street. On the 17th of July the prisoner pawned with me a gold watch, in a green fish-skin case, and one gold seal. I lent her four guineas and a half upon it.

Did you know her? - Yes.

Did she give any account of it? - No; I had lent her money before.

Did you guess at her profession; did you think her a woman of the town? - I did.

Court. And you take men's watches of women of the town, knowing them to be such? I would inform you, that such conduct makes you as near being guilty of the crime of receiving stolen goods, knowing them to be stolen, as it is possible to be.

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

ROBERT ARTZ sworn.

I am a pawnbroker. I took this seal in pledge, of the prisoner, on the 17th of July in the morning. I lent her half a guinea upon it.

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

PRISONER's DEFENCE.

I took a walk with another woman, and met that gentleman. He asked us to have a glass of wine. A little time after we were in the house the other gentleman went out. When they were gone he said he had no money, but he would leave me his watch if I would give him a direction, and he would call again. He was very much in liquor.

GUILTY of stealing the goods, but not guilty of stealing them privately from the person .

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-45

426. 427. MATTHEW KELLY and NATHANIEL ARKIN were indicted, the first for stealing six iron bars, 210 lb weight, value 3 l. three iron cramps for chimneys, 60 lb. weight, value 10 s. a clinkering iron, value 6 s. an iron paddle, value 4 s. and a bearing bar, 20 lb. weight, value 5 s. the

property of Joseph Baker ; and the other for receiving the above goods, well knowing them to have been stolen , Aug. 27th .

BENJAMIN HALL sworn.

I am servant to Mr. Baker, who is a dealer in ashes , in St. John's-street . On the 27th of August, when I was going with my master's horse and chaise to the stable, I saw the prisoner, Kelly, come out of my master's warehouse with two bars of iron. When I returned he was got to his work; he was putting up a crane for my master. I catechised him about it; he said his master ordered him to take them, and work them up in the crane. I told my master, and he ordered me to get a constable, and take him up. When we went before the magistrate he ordered us to go, and search among the shops to see if we could find any of my master's property. We first went to four or five places, and then we went to the foreman, who was over Kelly, and he said he had sold them to Arkin. We went there and found all the things mentioned in the indictment, in a shop at the back part of the house. We took them and Arkin before the magistrate. There Arkin said he bought them of the prisoner for a penny a pound. Kelly said he took the things away from my master.

Was there any promise made by your master or you to induce them to confess? - No.

Cross Examination.

When you first met Kelly, did not he tell you he had the foreman's direction to take these things away? - Yes.

Did he or the foreman tell you where they were carried to? - The foreman.

Court. What did he say? - He said the foreman was as much concerned in it as him.

JOHN ASPINGSHAW sworn.

I am a smith. I have seen these irons; they are the property of Mr. Baker; I made them for him myself.

You was present before the magistrate? - I was. Kelly confessed that he stole them, and that he sold them to Mr. Arkin. Arkin owned to the receiving of them, and paying one penny a pound for them.

What is the value of them? - They are worth one penny a pound.

Any more? - Not to sell again.

Cross Examination.

Arkin made no secret of it? - No.

The magistrate let him go upon his promise to appear again at another day? - He did.

Jury. The iron was no way concealed? - No; it was in the shop where he works.

JOSEPH BAKER sworn.

The iron is my property.

It was not to be worked up in the Crane? - No.

KELLY'S DEFENCE.

There was a man who was deputy foreman to me; he ordered me to take the iron down. He said he had agreed with Mr. Baker to do some little jobs for him. I am as innocent as any body here. I took all by the order of the foreman.

(Arkin was not put on his defence.)

KELLY GUILTY .

ARKING NOT GUILTY .

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-46

428. BENJAMIN BROWN was indicted for escaping from on board the lighters, and being at large before the expiration of the term for which he had been sentenced to hard labour on the river Thames , July 23d .

JOHN MARSHALL sworn.

Here is a certificate of the conviction and sentence (producing it) from the office of the clerk of assise for the home circuit. I know the prisoner was on board the lighters, and made his escape.

CHARLES JEALOUS sworn.

I was at Kingston assizes, and saw the prisoner capitally convicted for house-breaking in Kingston-lane two years ago.

You are sure the prisoner is the person? - I am. I took him at large on Ludgate-hill, on the 23d of July.

How came you to take him? - Because I knew he was at large; as soon as any of the convicts escape, word is sent to Sir John

Fielding's. I belong to Sir John Fielding's-office.

PRISONER's DEFENCE.

I thought I was prepared with a counsel, but am entirely lost. I have been at work thirteen months at my business. I leave myself to the mercy of the court. I am willing to serve his majesty in any capacity.

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Imprisonment. See summary.]

Reference Number: t17790915-47

429. JOHN FIELD was indicted for feloniously and traiterously making and coining a piece of false, seigned, and counterfeit money, to the likeness and similitude of the good; legal, and current coin of this realm, called a shilling , Aug 21st .

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

JOHN DIXON sworn.

I went, in company with Hyde, M'Donald, and Grub, to the house of the prisoner, John Field , on the 21st of August, at about ten o'clock in the forenoon. Mrs. Field was just coming out at the door. I went in and saw Mr. Field sitting in a chair at the bottom of the stairs, near the window in the lower parlour; he seemed to look earnestly at me, seeing me a stranger. I said, old acquaintance, how do you do? He fell back in his chair, and made no answer. I said I had an information, that some coining implements, were concealed in that house. He said, the Lord have mercy upon me, I am a dead man! I said, where is the money is it above stairs or below; and your tools? He made no answer, but his wife endeavoured to get up stairs. I prevented her, and passed just above her. I found these bags lying upon the stairs.

Were they on the steps of the stairs? - Yes.

Perfectly open? - Yes; the prisoner could not fit where he did without seeing them. These two bags (producing them) contain finished shillings. I counted them, but I do not exactly recollect the number; there is about 5 l worth, I believe, in one bag, and about 6 l. in the other.

Where did you proceed to search afterwards? - This bag (producing it) I found likewise; these are unfinished. I believe there are 500 shillings, and more. Here are some bags of jet and of silver. I believe these were in the large bag on the stairs; I do not remember that they were separate, and here are the patterns (producing them.)

Where was it you proceeded to from the stair-case? - I went up the two pair of stairs; there I found two pair of flasks.

In what room? - In the fore room; there are no back rooms. I found two pair of flasks, about five or six and forty crucibles; a trough of sand for the casting; a lathe; three dutch stoves; some sieves; two bottles of aqua fortis; files and metal, and copper. These two crucibles were in the fire-place; there is a shilling in one, and some metal in the other.

Was the fire alight? - No.

This lathe was fixed, I believe? - Yes; it was fixed upon two blocks, with just space enough for a shilling. This paper (producing it) lay under to catch the filings. This file lay by it; it has the appearance of having been used. The filings are base metal, a mixture of copper and silver. There was a large quantity of scowering-paper lying on the bench in the room, and this one shilling, which is not finished; it has been edged but not rubbed with the scowering-paper sufficiently. There were three or four large pans of pickling for the finishing of money.

What is that pickling? - Aquafortis and water; here is some that has been used, and some that has not been used.

Who was the person that laid hold of Field to secure him? - He was very quiet, and did not need any body to lay hold of him at first. We desired M'Donald to take care of the prisoner below, while Hyde and I went up stairs. While we were up stairs we heard a noise below. I came down and saw Field and M'Donald lying on the ground in the yard.

Cross Examination.

If I am rightly informed there are but three rooms in the house? - I believe there are but three and the cellar.

The ground-floor where the prisoner was, another room, and the two-pair-of-stairs? - Yes; the two-pair-of-stairs was hung round with blankets and ruggs, that a hole should not be made to look through.

He was at breakfast, I believe? - No; he was sitting by the stairs.

There were preparations for breakfast? - I heard that his wife was going out for the rolls for breakfast.

How near was he to the door of the house? - The stairs is a very little way from the door, and he sat by the bannisters, with his elbow on the bannister; the steps were on his left hand, and he was leaning on his left elbow.

The steps of the stairs were on the same side he was leaning on? - Yes.

The things found were all in the highest room, except the bags on the stairs? - Yes.

All you have yet told us of were found in the two-pair-of-stairs? - Yes.

That is the highest room in the house? - Yes. This pot (producing a bell-metal pot, with brick-bats and charcoal in it) was standing on a chair in Mr. Field's bed-room, and these tongs across it.

That pot is for coining I suppose? - It might be used for it.

It may be used to make broth, I believe? - Yes; but they do not make broth of brick-bats and charcoal, I believe. There is another bag that was found in the two-pair-of-stairs room.

DENNIS M'DONALD sworn.

I went with Dixon, Hide, and Grubb, to this house.

When you came there where did you see the prisoner? - He was sitting at the window just by the stairs; he might lay his hand on the stairs where he sat. The breakfast things were set. I took charge of him while the others went up stairs. He and his wife offered me 50 l. or 60 l. to let him go. While his wife was gone to get some money he jumped out of the window, and I jumped out after him; she laid hold of my coat, and tore the flap. We were on the ground. I called for Jack and the rest. He said often, before he went out of the window, and afterwards, Lord have mercy upon me, I am a dead man. When they were up stairs he begged me to let him go several times. The room where he worked was all hung with rugs and clothes.

Cross Examination.

Where who worked? - Where the workshop was up stairs.

CHARLES GRUBB sworn.

You went with the two last witnesses to this house? - I did.

Did you proceed to search it? - I did; I went in a coach with a person who was to show us the place. When we came there I staid in the coach with that person, and Dixon brought the prisoner to me in the coach. We did not meddle with any thing till we came back. On the side of the room where there were any houses there were rugs hung that nobody might bore holes; there was no occasion to hang them on the other side, because there were no houses.

Cross Examination.

Do you know any such person as one Turner? - No.

To M'Donald. Do you? - No.

To Dixon. Do you know any such person?

No.

To Dixon. What is the name of the yard this house is in? - The Yorkshire Grey-yard, Bishopsgate-street.

JOHN JONES sworn.

Do you know the prisoner Field? - Yes.

Did he rent any house of yours in the Yorkshire Grey yard? - He has been my tenant since I have had the premisses, that is two years last August. He was in the premisses before.

How long before? - I believe five or six years; I understood him to be a jeweller.

Was you there when they found the things in the house? - I was in the yard, and being landlord, they asked me to go in.

Did you see these things in the house? - I saw things of the same kind; I cannot swear they are the same.

- NEWTON sworn.

You were, I think apprehended yourself upon the 21st of August by some officers, as being suspected of coining or practices of that sort? - I was.

Have you had any dealings or transactions with the prisoner, of what nature, and when? - Yes; it may be six months or more ago, I cannot speak exactly to the time; there were some shillings and sixpences found in my house which I believe to have been part his, and part we had taken which we put by.

How did you come by those shillings and sixpences? - Mr. Field brought about three pounds worth to me; I returned most of them back again, because they were so bad I did not know what to do with them.

What did he bring them to you for? - To pay away I suppose.

I ask you for what purpose he brought them to you? - To pay away, to sell them to me.

Had you any other dealing with him besides that? - Yes, I believe the farthings produced to day I had of his wife.

Cross Examination.

You received the money from him about six months ago? - That or more, I cannot say.

Whether they were good or bad you did not know? - I did not know much about it then.

Counsel for the crown. Do not you know whether those shillings he brought you were counterfeit or good ones? - I did not know at that time; I imagined them not to be good.

You returned some back that were not good? - Yes.

Counsel for the Prisoner. Have you received three pounds worth of silver from any man in which there has not been a great many bad ones? - I have received money from several people, and I dare say eight or ten or more bad.

How did the prisoner bring them to you? - I understood I was to have twenty-seven or twenty-eight shillings for a guinea.

Counsel for the Crown. Do not say what you understood, but what he said to you? - He said if I had twenty-six shillings for a guinea it would be so much profit; but I did not like such sort of money.

Counsel for the Prisoner. What sort of money do you not like? - Not bad; I returned it back.

How much? - Not all, I had a guinea's worth I think.

How much is it that you call a guinea's worth? - Twenty-six shillings for a guinea.

Do you usually get twenty-six shillings for a guinea? - Never but that one time.

Just now you said some of the money they found in your custody you believed to be Mr. Field's? - Yes.

Are you not sure of it? - I am certain some of it was for it never was paid away.

So he put off twenty-six or twenty-seven bad shillings upon you once? - Yes.

Did you know them to be bad at that time? - No, not at first; I knew it afterwards.

At the time you took them did you know them to be bad? - They must be bad because I did not like them then.

But you would have liked them if they had been good? - Yes.

Then you would have given a guinea for twenty-six shillings if they had been good; and did you understand that they were good when you gave a guinea for twenty-six? - No, I believed them to be bad and told him so at the time.

And you agreed to have twenty-six for a guinea? - Yes.

And you took them knowing them to be bad? - Yes.

And returned them all but a guinea's worth? - Yes.

But those you passed away? - My wife I believe did.

So you intended to put them off for good? - I kept them by me.

So you gave a guinea for twenty-six shillings in order to keep them as a matter of curiosity? - They laid by.

But what did you intend to do at the time? - If nobody would take them I could not pay them away.

But did not you intend it? - I had no intention to intend it.

Then you intended not to pass them? - No they laid by.

Do not tell me what happened afterwards. Now Mr. Newton you look like an exceeding honest man; I never saw a better looking man in my life, now did you when you took them mean to pass them as good money or to keep them? - I might have passed them.

But you altered your opinion afterwards? - Yes.

Then your design at that time was to be a very great rogue? - That might be.

But did you mean to be a rogue? - I did not pass them after I found them so bad.

But did you mean to be a rogue, and to cheat the world, or what, when you took them? - I do not know what you mean by that.

Court. Did you mean to pass the money? - I did not know any other but that they were good to pass.

Counsel for the Prisoner. Then that is an answer. You swear upon your oath that when you took them you did not apprehend they were bad shillings? - I do not say so, I knew they must be bad.

Then when you gave the guinea for twenty-six shillings worth you knew them to be bad; now did you mean to pass them or not? - Yes, if they could have gone.

You meant to cheat any body that would be cheated? - Yes, If they could have been passed.

Then you meant to be a very great rogue, but could not accomplish it by their being too flagrant? - I do not know what you mean.

I will tell you what I call a great rogue; a man that takes bad money, knowing it to be bad, intending to pass it, to cheat the world. Now is that your case? - I cannot say what you please to call me; I wish there were nobody greater rogues in that than me. If Mr. Field had not brought them to my house I should not have gone to his house for them.

Do you know one Turner? - No.

Do you know Mr. Field's house? - Yes.

Who lived in that house? - I do not knew.

Any servant? - I do not know. I never was in any part of the house but the lower apartment.

Counsel for the Crown. Did you give him the guinea at that time or not? - I cannot recollect.

Mr. FLETCHER sworn.

I am one of the moniers of the Mint.

Is that silver good or counterfeit? - Some of these appear bad, and others are doubtful.

(Several were cut that were in the bag. Then Mr. Fletcher said they were all bad.)

PRISONER's DEFENCE.

My lord and you gentlemen of the Jury, I am perfectly innocent as to the knowledge of any money being coined in my house, or any implements for that purpose being there in. It is now near six months ago since I entered the garret, having no use for it whatever, but to place lumber therein, and since which period it has been occupied by a person who calls himself by the name of Turner, and who had hired that room of me to make buckles there. The morning of the search in my house, the said Mr. Turner came in in a great hurry about eight o'clock, and left something in bags on the stairs and ran out again almost instantly with a large bundle, declaring he should soon return again, but unfortunately for me it is not in my power to find out or learn where he can be met with, nor do I know the contents of the said bags, it was then I began to fear my own person was in danger from such a discovery, and I have a witness in court to prove what I have above set forth.

For the Prisoner.

- PHILLIPS sworn.

Are you acquainted with Mr. Field? - Yes.

You know his house well? - Yes.

How many rooms does his house consist of? - A room on the ground floor, a chamber and a garret, and there is a cellar.

What does he do with the garret? - I do not know that he made any use of it.

Did you ever know any body a lodger there, or whether it was let out to any body? - I will give you to understand as

far as I can recollect of the matter; I was at Mr. Field's, the prisoner's house, about six months ago; a man came there and said he had heard there was an apartment to let.

A man you do not know the name of I presume? - He said his name was Turner. The prisoner asked him what business he was? he said a buckle-maker.

Then he was a stranger to him as you understood at that time? - He asked who recommended him; he mentioned some name which I forget.

Do you know what price was agreed to be paid for the lodging? - They went both up stairs, and were there some time; I cannot say as to that.

Then all you know is that he came there to ask whether any room was to be let; he said his name was Turner; being asked his business, he said a buckle-maker; and being asked who recommended him, he mentioned a name you do not recollect; and then they went up stairs? - Yes.

What passed there you do not know? - No.

You did not hear any bargain made? - No.

Did you frequently go to Mr. Field's and see him and his wife? - I have been there three or four times a week.

You was very intimate with him? - Yes.

Did you ever see that Turner in the house coming up or down stairs? - Yes.

How long did he continue there? - I had seen him within a few days of the prisoner, Mr. Field, being taken into custody.

What are you? - A widow.

Where do you live? - In St. John's-square, Clerkenwell.

Cross Examination.

Do you follow any business? - My husband was a gilder, he is dead; since his death I have employed journeymen to carry on the business.

In what street? - Facing the printing-office, St. John's square.

Have you the whole house to yourself? - Yes, but I let out part of it.

What is the number of your house? - No. 5.

In St. John's-square? - Facing the printing office; there is a passage that goes up from St. John's square into Red Lion-street.

In that passage is it? - Yes.

How many journeymen may you employ? - Two generally; I have but one at this time, because business is rather slack.

You was very intimate with Field and his wife? - Yes.

So intimate as for your visits to lead you there three or four times a week? - I did not go at any set time; my business led me that way; I have customers in Moorfields, and I made it my business to call and ask them how they did when I went that way.

What sort of a man was this Turner? - A tall thin man.

Did he wear his own hair? - Yes, black curled hair, a little bald upon the top of his head.

Mr. Field did not know him at all? - I do not know that he did.

From what passed it is clear he did not, for he did not know his name nor who had sent him there? - I do not know that he did.

Did he ask him if he would let him a lodging? - If he would let him a place to work in.

Mr. Field has but one bed in his house has he? - There is one bedchamber, but there are two beds in it.

Only one sleeping room in the house? - Yes.

All that this man wanted was a room to work in, that was a singular thing; did he assign a reason for wanting a room to work in; had he a number of journeymen or why did he not work in his own room; he must lodge somewhere? - I did not hear any reason.

Did Mr. Field say he would let him have this room at once without saying he would enquire of the gentleman who recommended him? - They went up stairs; I cannot say.

JOHN CLARKE sworn.

I believe you are in general employed by the Mint in search after coiners, do you remember six or seven months ago hearing of or taking a person of the name of Turner? - I did not take him.

Was he in custody? - He was not.

Was you in search of a person of that name? - Yes, and apprehended his wife, his maid, and another woman in the house for coining.

You had reason to suspect he was a coiner? - I found a great deal of bad money there.

Cross Examination.

Where did this Turner live? - At Hoxton.

Did you examine his house? - Yes.

Had he any workshop there? - No.

Any implements? - No.

Did you find any thing in the house? - Five or six pounds worth of counterfeit money and some casting sand.

Were there implements there? - None at all.

Do you know any thing of this woman who has just given evidence? - I never saw her before.

Counsel for the Prisoner. What sort of a person is this Turner, you have seen him? - I have had him in custody before now.

What sort of man is he? - Taller than me.

Is he a thin man? - Thinner than me a good deal.

Does he wear his own hair? - Yes, his own black hair, and bald on the top of his head.

Counsel for the Crown. This Turner is a notorious coiner? - Yes. I dare say he will be at this bar by next sessions.

GEORGE COOPER sworn.

Do you know the prisoner? - I do.

What is your business? - A gold-beater

What is the trade of the prisoner? - My knowledge of him originated in his applying to me for foil, which is a branch of my business and I have served him ever since I first knew him.

He is a foil maker? - Yes.

That is an ingenious business and known to but few? - But few practice it.

We understand that there was a bell-metal pot found in his room, is that an implement used in foil making in his trade? - I can say nothing to that; with respect to the process of his branch of business, I am unacquainted with that; his business is to polish and colour it for the jewellers and button makers.

How long have you known him? - Upwards of five years, I believe.

What is his character? - I always looked upon him as an honest man, because he always paid me honestly.

Was he estimated an honest man? - He bore a good character.

Cross Examination.

Have you had any great dealings with him lately? - For two years past I believe I have taken forty or fifty pounds or upwards of him; my former connexions with him were more trifling.

Counsel for the Prisoner. That is pretty large dealings in that way? - Pretty well.

- DE LA FONTE sworn.

Do you know the prisoner? - Yes. He applied to me five years and a half ago to teach him the art of foil making; I taught him; he gave me a premium for it.

That is an art that requires some ingenuity? - An art that is kept mostly among ourselves.

It is not by any means generally known? - No; we are extremely careful of it.

Do you suffer any body to see you when at work? - No, we are very careful of that.

What has been his general character since you have known him? - I always looked upon him to be an honest tradesman; I dealt with him afterwards, and was backwards and forwards, at his house several times.

JAMES BRUNDELL sworn.

I deal in hard ware and jewellery and live in Bishopsgate-street; I have known the prisoner these ten years; he is a foil-maker. I always looked upon him as a fair, honest, industrious man. I never heard any thing against him till this happened.

Cross Examination.

Why you never saw him work in his trade did you? - No.

WILLIAM HUDSON sworn.

I am a jeweller. I have known the prisoner about two years; I never heard any

thing amiss of his character; I always look-upon him to be a sober, careful, honest man, and always punctual in his business. He is a soil-maker.

Counsel for the Prisoner. In order to shew that the prisoner could not be driven by necessity to such practices, I will shew the court that he had an employment in the port of London,

- ALLEN sworn.

You are employed in some business in the Custom-house? - Yes.

You know the prisoner at the bar? - Very well.

Has he any employment under the Customs? - An established office.

What office? - A noon tender, he takes in charge all that the land waiters and the weighers shall leave from one to three o'clock.

These are his only hours of attendance? - Yes.

What is his office worth a year? - His salary is only sixteen pounds a year.

What is his general character? - I have known him ever since he has been an officer; he bore a good character there by all that knew him, he is a very steady good officer.

WILLIAM BLICK sworn.

I did business for the prisoner twenty years ago; he was then in partnership with one Sorrel at Birmingham; he was then a jeweller; I sold him stones. I am a lapidary, and bought stones of him, he then bore an honest character. He then failed, and the partnership was dissolved, upon which he came to London.

What is his character? - A very good character then. I never saw him till this time.

ROBERT ALLEN sworn.

Do you know the prisoner? - Yes. He has an employment under the Customs? - Yes.

What is his character? - A very excellent one; I have known him near two years, no man can bear a better character.

- PUGH sworn.

I know the prisoner very well, he bears a very good character for whatever I have heard, and has discharged his duty in a very punctual manner.

- BALDROCK sworn.

I have known the prisoner twenty years, he has always borne a very good character; I never heard any thing to the contrary.

JOHN COOPER sworn.

I am a pearl and tortoise-worker. I have known Mr. Field thirty years; I was a play-fellow with him; he was always reckoned an honest industrious boy and man.

JAMES LEECH sworn.

I am a taylor in Carey-street; I have known Mr. Field about a year and a half, during which time he has borne an exceeding good character.

- CAMPION sworn.

I am a smith. I have known the prisoner two years and a half; I looked upon him as an exceeding upright honest man. That has been his general character.

Jury to Dixon. How was the room fastened up two-pair-of-stairs that you searched? - It was not fastened at all; the door was wide open, and so was every door in the house.

Counsel for the Prisoner. Was it understood you had a warrant against Newton? - No warrant against him; we had a warrant to search his house.

When had you that? - The night before.

Was it the night before you was at Newton's? - No, that morning; it was in our road, and he told us where the house of Field was.

How long before had you been at Newton's? - An hour before or thereabouts.

GUILTY ( Death .)

Tried by the London Jury before Mr. Justice ASHHURST.

Reference Number: t17790915-48

430. SARAH STEWARD was indicted for stealing a silver shoe-buckle, value 1 s. four pieces of silver lace, value 2 s. a silk gown and petticoat, value 40 s; four pieces of thread lace, value 20 s. and a sattin cloak, value 20 s. the property of Isaac Hyman , Aug. 3d .

ISAAC HYMAN sworn.

I live in Green-court, Houndsditch . The prisoner was my servant . I hired her in July; she lived with me about five days. About the 3d of August my wife missed the things mentioned in the indictment (repeating them). My wife said she had them in her hand the day before, and that they were taken from a room which was locked, and she had the key. I then said there must be some false keys. I called the servants together and searched their pockets ; I found four pieces of silver lace in the prisoner's pocket. I said she had better confess the whole robbery. She said she found it in the garret. I said she could not, for the door was locked. Then she said she knew nothing of the robbery. I sent for a constable, and he found twenty keys in her bosom, a silver buckle of my child's, and a razor. I desired her then to tell of the rest of the robbery; she would not tell any thing. Then I took her up before his majesty *. The constable has got the keys and property in court; the sacque and petticoat, and some lace, were found in a box of her's at the Compter. It was sent to his majesty *, and I was sent for. It was my property. I asked her, when I saw the sacque and petticoat, what she had done with the cloak. She said she had pawned it with Mr. Bunn, in Houndsditch; we went there and found it, and then she owned committing the robbery.

* The Justice of Peace.

HYAM JOSEPHS sworn.

I was called by the prosecutor. I came into the house, and saw some lace lie on the dresser. The prosecutor said he had taken it out of her pocket. I asked her, had you this in your pocket? She said yes. I asked where she got it. She said she found it in the garret. I found a buckle, twenty-two keys, and a razor, in her bosom.

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

RICHARD HILYARD sworn.

I found the sacque and petticoat in this box (producing it) at the Compter. The box was brought from the prosecutor's house. There was nothing in it when it was brought to the Compter; they were conveyed to her privately, after she was committed. Upon finding them she confessed where the cloak was in pawn. When she was taken before the magistrate she asked what shall I say? I said, what can you say when things are so clear against you. We went to the pawnbroker's, and found the cloak pawned in the name of Mary Stranger . The pawnbroker delivered it to us.

PRISONER's DEFENCE.

I was but five nights in the prosecutor's house; the first night I was there he sent his wife and family into the country. There was nobody in the house then but him and me. In the night he came to my room, and behaved rude to me. The next day his wife came home; he desired me not to tell her, and asked me to accept of these things; he said he had got them from Holland. He gave me the stuff, and desired me to have it made into a sacque and coat, and meet him at Vauxhall. I went, but he was not there. He said his wife was out of her mind, and would not miss the things. He said he dealt in lace, and would give me some, if I would let him be free with me. He said he would take me a lodging, and the things were sent to Bishopsgate-street, to go to Clapton. He said afterwards, if I would return the gown and coat, to prevent uneasiness between him and his wife, he would give me 20 l. There is a prisoner who saw him come every day to me in the jail to give me money.

To Hyman. You have heard what the prisoner has said, is there any truth in it? - When she came to me my wife was ill; my wife went out of town. There was another servant with her; she was not alone. I never offered her any thing. I advertised the things, and offered four guineas reward.

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-49

431. SARAH HAWKINS was indicted for stealing three yards of printed cotton, value 8 s. the property of Daniel Gardner , July 23d .

DANIEL GARDNER sworn.

On the 23d of July I stepped from my own to the next door. As I returned, an old man on the opposite side of the way said that an indifferent looking woman had come out of my shop. I went in and missed this remnant of cloth. I pursued the prisoner, and took her about one hundred yards from my house. I found the piece of cotton under her cloak. I asked her what she meant by it. She said, why, Sir, you are not hurt, you have your property again. I said, yes, you jade, and you too. I brought her back, and delivered her to a constable; he took her before an alderman, who committed her.

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

Prisoner. I have nothing to say in my defence.

GUILTY .

Tried by the London Jury before Mr. Justice ASHHURST.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-50

432. BENJAMIN AYNSWORTH was indicted for committing beastiality with a cow , Aug. 25th .

JAMES CLARKSON sworn.

On the 25th of August, between nine and ten in the morning, Mr. Archer came to the counting-house, where I was, and said, Master, master, for God's sake come up, you will see such an inhuman thing you never saw in your life. I looked into the fields, and saw a cow lying down, and the prisoner at the hinder parts of her, with his body moving backwards and forwards.

Where is your counting-house? - In Hoxton brick-fields .

Where was the prisoner? - In the field.

How far is the counting-house from the field? - I suppose about eighty yards. I saw him lying at the hind part of the cow, nearly close, with the middle part of his body moving backwards and forwards. The cow was lying down. I called to Mr. Petit; he came forward by the time the prisoner got up from where he lay. The prisoner buttoned up his breeches, and moved forwards towards a bank. Afterwards he got up, and came to the counting-house, where Mr. Archer, Petit, and I, were.

How long did he lie down there? - About the space of a minute, I suppose.

Whose counting-house is it? - Mr. Thomas Scott 's, the brick-maker. When he came to the counting-house, Petit charged him with the crime, and asked him if there was never a bull in the field, that he was obligated to be the bull? He made for answer, he had no connexions with the cow he was sure. He attempted to run away, but Mr. Petit catched hold of him and secured him.

How far from the cow and the man might you be? - I suppose about eighty yards.

Was you near enough to see distinctly what passed? - I was not.

Can you undertake to say whether he had this sort of connexion which you suppose he had with the cow or not? - I cannot no further than what I saw.

Then all you mean to say is, you saw him in that posture near the cow, but whether he had carnal knowledge of the cow or not you do not know? - No; I do not.

ROBERT PETIT sworn.

What did you see? - No more than what Mr. Clarkson has related about charging him with being a bull and so, and he denied the crime. I told him I was not his accuser, but Mr. Clarkson and Mr. Archer were.

Then you saw nothing did you? - I was five hundred yards off at work. I saw nothing, only I heard them charge him with being a bull, and I saw him attempt to run away. I, being an officer, took charge of him.

You did not see any thing yourself? - No; I did not.

SAMUEL YARDLEY sworn.

I know nothing of the action, but I was at his examination. After he was locked up, I took off his shirt to search him, and the flaps of his shirt were all daubed with cow-dung.

You was not present at the time when he was secured? - No.

When was it you took him up? - Mr. Petit took him, and brought him to Mr. Wilmot's office. I attend the jail to carry the prisoners backwards and forwards. I brought him to Newgate. He acknowledged the fact to me in the coach, and said he was very sorry for it.

Did you observe any thing else upon the shirt but the cow-dung? - No; only some common dirt, I believe.

( Thomas Archer was called, but not appearing, the court ordered his recognizance to be estreated.)

NOT GUILTY .

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

Reference Number: t17790915-51

433. EDWARD STEWARD was indicted for that he on the king's highway, in and upon Cuthbert Potts , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a metal watch, value 10 l. a gold watch-key, value 5 s. two cornelian seals, set in gold, value 3 l. a silk purse, value 2 d. a guinea and 3 s. in monies numbered, the property of the said Cuthbert , July 15th .

CUTHBERT POTTS sworn.

As I was coming from Waltham Abbey on the 15th of July, in the evening, in a single horse chaise, accompanied by my sister, two men, on the road between Islington and Tottenham-court road , upon the left hand of the road, ran to stop the chaise. I seeing them intending to stop me, pushed on my horse. They put a pistol to my sister, and frightened her. It was between nine and ten o'clock at night. One of the men jumped into the chaise, and insisted upon my money. I gave them all I had in my purse. There was I think a guinea and some silver; they insisted upon my watch, which I also gave them, and, seeing my sister in a fit, they left her, and ran across the fields.

What sort of a watch was it? - A metal watch, with silver seals. They left me, and ran into the fields. One of the seals had the impression of my arms, the other my crest. At the time they were robbing me there was a whistling and some noise, as if there were accomplices in the neighbourhood. I did not attempt to stop after they were gone, and saw no more of them. When the prisoner was apprehended I was sent for, and I do verily believe, that the prisoner is the man who came into the chaise to me.

Are you certain that the prisoner was one of them? - To the best of my belief I think him the man that robbed me; it was by no means dark; it was light enough to see his countenance, and I most sincerely believe he is the person that robbed me from his profile, size, dress, and every other circumstance; and also because of the person taken with him, Garland; I think he was the accomplice, but I cannot answer as to him; but I think the prisoner is the person that came into the chaise to me; his dress, when taken, was as I had described, a loose great coat, and his hair was hanging down; at the same time his countenance struck me as the same person.

What colour was his great coat? - It was a dark brown loose great coat.

Prisoner. I am informed that gentleman is near-sighted.

Potts. I am, but at the time I was robbed I had my spectacles on, which I usually wear when I ride or walk; (puts on his spectacles) with these spectacles I have the pleasure of seeing as well as any gentleman in court. The prisoner insisted, if I did not hold my hat before my face, he would shoot me. The pistol which was shown at Sir John Fielding 's was to me the same kind of pistol, an old, rusty, horse pistol.

CHARLES JEALOUS sworn.

On the 6th of August Sir John Fielding desired somebody would go upon the road that leads from Tottenham-court road to Battle-bridge, as there had been many robberies committed thereabouts. Five of us went at half after nine in the evening; we met three men, and the prisoner at the bar, at the end of the duke of Bedford's private road; we attacked them immediately; Steward the prisoner came up with this cutlass to strike at an officer who was along with me; as his arm was lifted up I struck at him, and cut him in his arm, upon which his arm and the cutlass fell; we then secured them, and in searching about where they stood I found this horse pistol lying on the ground.

To the prosecutor. Is that the pistol you saw at Sir John Fieldings ? - Yes.

Court. Is that like one of the pistols put to you? - Yes; but it is now brighter in the barrel.

Did you search any of them? - Yes,

when we got them to Bow-street, but we found nothing upon them. I found seven pieces of lead upon the prisoner.

Percival Phillips was with you? - Yes.

He knows nothing more than you do? - No; he likewise saw the cutlass fall from Steward.

NOT GUILTY .

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

Reference Number: t17790915-52

434. WILLIAM GARLAND was indicted for that he, in the king's highway, in and upon Elizabeth, the wife of Thomas Evans , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person a black silk cloak, trimmed with lace, value 40 s. a pair of red Morocco shoes, value 2 s. three pounds of mutton, value 15 d. two ounces of green tea, value 1 s. a pound of sugar, value 8 d. a china bowl, value 1 s. and three artichokes, value 3 d. the property of the said Thomas Evans , Aug. 14th .

(The prosecutrix did not attend at the trial.)

( Charles Jealous said that the prosecutrix swore to the prisoner before Sir John Fielding , but he did not know where to find her.)

NOT GUILTY .

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

Reference Number: t17790915-53

435. AMELIA WOOD , spinster , was indicted for stealing two silver table-spoons, value 24 s. two silver tea-spoons, value 2 s. a pair of stone shoe-buckles, set in silver, value 10 s. two stone sleeve-buttons, value 6 d. three cotton handkerchiefs, value 2 s. a linen handkerchief, value 1 s. a silk handkerchief, value 1 s. a linen shirt, value 1 s. a linen night-cap, value 6 d. two linen pillowcases, value 4 s. a linen table-cloth, value 18 d. a piece of old ribband, value 1 d. and 25 s. in monies numbered , the property of William Ruppersberger , Aug. 26th .

ELIZABETH RUPPERSBERGER sworn.

I am the wife of William Ruppersberger . On the 26th of last August I lost the goods mentioned in the indictment (repeating them.)

RICHARD SPRATLEY sworn.

These goods were thrown out of the apron of the prisoner in the course of the pursuit. Immediately after the theft was committed the prosecutor called out after her; she ran away; upon seeing herself pursued she threw them out of her apron; I picked them up, and brought them home at the instant.

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

PRISONER's DEFENCE.

I did not steal the things; I am but eleven years old.

GUILTY . W .

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

Reference Number: t17790915-54

436. JEREMIAH HETHERLY was indicted for stealing five men's hats, value 30 s. the property of Richard Burton , and William Busby , privately in their shop , Aug. 10th .

RICHARD BURTON sworn.

I am a hatter , in partnership with William Busby , in the Strand. The prisoner was an apprentice to my partner. We have missed hats for two years past. I suspected that the people in my own house had robbed me. At last I missed a hat of a particular description. I suspected my journeyman, whose name is Jeffreys, or the apprentice, had taken it. I saw the journeyman come out of the necessary. I went in, and found the hat. The necessary goes into the shore, and there is a place where any thing may be laid. In consequence of finding the hat, I charged the journeyman with having taken it; he confessed hiding it in the necessary, and said it was taken out of the shop by the prisoner, and that the prisoner had taken several, eight or nine, and had given them to his wife to pawn. In consequence of this information, I charged the prisoner with having stolen

them. The prisoner confessed he had taken them, and owned all the account of Jeffreys to be true. I found the hats at the several pawnbrokers.

(Five pawnbrokers produced five hats which they received of Ann Jeffreys , and they were deposed to by the prosecutor.)

ANN JEFFREYS sworn.

I pawned the five hats that have been produced; Jerry brought them to me; he told me he bought them.

PRISONER's DEFENCE.

I am as innocent as the child unborn. I never took any hats in my life; as to the woman saying I brought the hats to her it is only to screen her own husband.

To the prosecutor. Where were the hats? - In the shop in boxes ready to shew customers.

GUILTY ( Death .)

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

The prisoner was humbly recommended, by both the Prosecutor and the Jury, to his Majesty's Mercy.

Reference Number: t17790915-55

437. 438. MARY MOORE , otherwise FOSTER , and FRANCES SMITH , were indicted for stealing fifteen yards of muslin, value 4 l. the property of William Rickets , privately, in the shop of the said William , Aug. 25th .

WILLIAM RICKETS sworn.

I am a linen-draper in Oxford-road . On the 25th of August, at about six in the evening, the two prisoners, and another woman, came into my shop, and desired to see several pieces of muslin; at last they bought a quarter of a yard of muslin, and then went away; before they went away they shuffled about in a manner that caused me to suspect them. When they were gone we examined, and missed two pieces of muslin, containing fifteen yards.

- WILLIAMS sworn.

I am shopman to Mr. Rickets. I waited on the prisoners. One of the pieces of muslin that we missed was one that I had just before shown to the prisoners, and no one came into the shop for a good while after the prisoners were gone. In consequence of our suspicion we pursued the prisoners. We found Frances Smith at a publick-house in Mutton-lane, and afterwards we found the other prisoner. We took them before a magistrate. We never found the muslin. They offered at one time to pay 4 l. for the muslin, but they never confessed that they took it.

Both NOT GUILTY .

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

Reference Number: t17790915-56

439. WILLIAM TOMLINSON was indicted for stealing a man's cloth coat, value 20 s. a man's hat, value 14 s. and a linen handkerchief, value 1 s. the property of William Gray , Aug. 2d .

WILLIAM GRAY sworn.

On the second of August another young man and I were at the Angel, in the Broadway, Westminster , playing at skittles. The prisoner set up the pins for us. I had my coat off on account of the heat of the weather. I lost my coat, hat, and handkerchief. I do not know who took them.

JOHN TREURN sworn.

I lodge at the Angel. On the 2d of August, when I came home, I saw the prisoner leading Gray in very much in liquor; he had hold of him under his arm, and a coat over the other arm; he took him into the parlour. I bid the prisoner put the coat down till he came to himself; he said it was not his, it belonged to Gray's comrade in the skittle-ground. I knew nothing to the contrary, as I never saw them before.

MARY WILLIAMS sworn.

I saw them in the skittle-ground; Gray was very much in liquor, he fell off the bench where he was sitting. The prisoner (who is a soldier ) took him in one arm, and the coat on the other, and went out of the skittle-ground. I saw no more of it.

Gray. I met the prisoner the next day, and I asked him if he was in company with

me the night before. He said he was. I asked him where the coat and hat was. He said he knew nothing about them.

PRISONER's DEFENCE.

We were all drunk playing at ski ttles together. I know nothing of it.

NOT GUILTY .

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

Reference Number: t17790915-57

440. GEORGE LISTER was indicted for the Wilful Murder of James Proctor , July 4th .

(The witnesses were examined a part at the request of the brother of the deceased.)

ROBERT TROTTER sworn.

On the 4th of July the prisoner brought the deceased to the watch-house, and gave me charge of him. A great many words passed, and Mr. Lister ordered him into the room above the watch-house; he came down again, and blasted and swore at Mr. Lister; he clenched his fist at him, and said he would be revenged of him. About a quarter, or half an hour after that, Mr. Lister was going, when the deceased ran up to him, and clenched his fist at him, and said he would knock his jolt head off. Lister, upon that, gave him a push back with his fist across his breast, the deceased made a couple of steps backward, turned on his left side, and fell over a form. He said, What, d - n you, do you mean to murder me? I said no, there should be no murder done there. I went and took him up, and gave him some beer. He blasted Mr. Lister again. About one o'clock Lister went away; he was in the watch-house about half an hour. The deceased staid till three in the morning.

After the fall did he complain of pain? - No; he complained of nothing. I left the watch-house a little after two; he was there then. The affair happened between twelve and one.

When you left the watch-house did he appear to be hurt with the fall? - No; I set him on the form, and gave him some beer, and bid him be quiet. He blasted me, and gave me a smack of the face. I said he had better go home. He said, if he did he would go and break his windows. I said I supposed he would if he went in that condition. Then he gave me another smack of the face. I then took him in my arms, and carried him up into the room.

When did he die? - On the 9th; this was on the 4th of July.

He did not complain that he was hurt by the fall? - He did not complain at that time. His brother came to me upon the Monday week, and said he should be glad to speak to me. I asked him what he wanted. He said I hear my brother got his death among you. I said I did not know that he did. He begged I would show him the watch-house. I did so. He said his brother told him that four watchmen took him up into a room, and threw him down, and said he might lie there and be d - d.

Did you ever see the deceased after that? - I saw him twice. I saw him I think on the 4th day after; he then appeared as well as usual.

Cross Examination.

You have represented him as a troublesome man in the watch-house? - He was as troublesome a man as I ever knew; he was in liquor.

The prisoner put out his hand and gave him a shove, and he, being drunk, staggered, and fell backwards? - He did.

WILLIAM MARTIN sworn.

On Sunday the 4th of July, between eleven and twelve o'clock, Lister and Bailey came into St. Sepulchre's watch-house. Lister took his leave of them about half after twelve o'clock, and went home. A little after that the deceased, Bailey, and another watchman, came into the watch-house again. They brought the deceased before the constable of the night. The deceased was very much in liquor. Lister said the deceased had like to have pushed him down in the Old-Bailey, and some words ensued, and he would see who and what he was, and ordered him up stairs; he was let down again, and words ensued immediately;

the deceased offered his fist to strike at him, Lister warded it off with his left-arm, and the deceased fell over a form in the watch-house. He said, For God's sake do not murder me! Lister meddled no more with him. Trotter took him up, and set him on the form.

What did he die of? - I do not know. I saw him the next day as I was going to Guildhall; I went into the prince of Denmark's head in the Old-Bailey; the deceased saw me and came in, and asked me where that rogue Lister was? He said, if he could see him he would lick him as long as he could.

He did not complain then of the effect of the blow? - No, he did not; I saw him on the Tuesday week after, he was dying there.

What do you know of his death, did you see him about the time of his death? - I saw him on the day before his death.

What was he ill of? - He was very bad.

Was it the effect of this blow? - He did not tell me that; he shook hands with me and said God bless you, Martin, you have behaved like a gentleman to me.

Cross Examination.

The next morning when you saw him in the Old Bailey was he drunk or sober? - He did not appear to be in liquor, but full of spirits and ready and resolute to attack Lister if he could see him.

ROBERT THORNBOROUGH sworn.

On Sunday night, the 4th of June the deceased, Proctor, and I were drinking together; I went about ten o'clock to the watch-house to set the watch; he came after me and asked me to give him some more beer; I said he had had enough, and bid him go home and go to bed; he went away, and was brought afterwards to the watch-house by Lister: I was present at the time.

Did you see the blow or push? - It was a violent blow or push, I cannot say which; he fell down with a violent force; there was a form, he fell on the form, and pitched on his side, and his head fell under the bench; they picked him up, and he said, for God's sake do not murder me! they took him up, and he was sent up stairs directly.

Did Lister give him any other blow? - No. The deceased came to me the next morning and said that he had received his death, he had received a violent blow that he should never recover.

Did he say he had received his death by the blow given him by Lister? - He said from the fall he received in the watch house. I never saw him afterwards till he was dead.

Cross Examination.

What time in the morning was it that you had this conversation with him? - About nine or ten o'clock.

Did he drink with you? - Yes.

Counsel. Because he was in high spirits a to eleven o'clock we hear.

Mr. JOHN DIMOND sworn.

I am a surgeon. I opened the body of the deceased. Upon viewing the body before I opened it. I observed the right side of the body was swelled, and discoloured; upon the scrotum there was a large black place the size of a half-crown piece. Upon opening the body I found there was no mischief under the appearance of that black place, it was nothing but an outward blackness. I proceeded to examine all the entrails; there was no appearance of any thing but what was natural; it was observed to me that he had made bloody water; I examined the bladder; there was no appearance of any thing amiss there. I cannot tell the cause of his death.

What do you think might be the cause of his death? - It is impossible for me to say; the fall might have produced a fever, and the fever might produce death; he might have died of a fever sooner if he had had no blow. He was attended by an apothecary in his life time.

Cross Examination.

You cannot say what was the cause of his death? - It is impossible for me to say what his death was occasioned by.

There was nothing that you can determine upon of any injury that caused his death? - No, there was no fracture in the skull; no strain of the membranes; there

was rather a larger quantity of water than usual in his skull.

Should you if you had not heard the story of his fall when you opened the body have collected that the man had had a bad fall? - I should not.

ANN HUTCHINS sworn.

On the 4th of July, when Proctor the deceased came home he told me he had received a blow from Lister that would be the occasion of his death; I told him I hoped not; I begged of him to go to bed; he went to stoop to unbuckle his shoes but could not for a pain in his side, from the blow he had received. I undressed him and got him to bed.

Did he continue to complain of that? Yes, every day till the day he died he complained of a pain in his head and side.

Did he complain of the head-ach? - No, of a pain on the top of his head.

Did he call it a blow or a fall? - A blow he gave him and knocked him over a table, and that the table fell on him; and that he spit blood, and there was blood in his water.

Cross Examination.

In what capacity did you live with him; I believe you passed as his wife? - Yes, I did.

He was out every day after? - Yes, he was.

He was out the next morning? - Yes.

He was brought home the day before he died with his clothes all wet? - Yes, his clothes were wet.

Did you hear of the violent fall he got in Trump street? - No.

How came his clothes wet, was he not brought home insensible? - He went out insensible; he was insensible from the Thursday.

Then how came you to let him go out? - I could not help it.

Did you learn how he got that wet? - When he went out he met with no misfortune.

As you was not with him, you cannot tell that he met with no misfortune? - He did not complain of any misfortune.

Mr. THOMAS PIGGOT sworn.

I am an apothecary. I attended Proctor in his last illness.

What do you ascribe his death to? - To an injury he had received; by what means I cannot tell; I suppose an inward hurt, by a fall or a blow, I could not determine which.

How many days did you attend him? - Not till the day before his death. I found him extremely convulsed; I thought him very dangerous and apprised him of the danger.

Had he much of a sever? - No; his breast appeared very much distended; he breathed with difficulty, and spoke with difficulty; but seemed very sensible. He said that on the Sunday week before that he reeled against Lister, and Lister was not pleased, and being a constable he said Lister said he would press him, and take him to the watch-house; that words arose and something happened to him.

What happened did he say? - That Lister gave him a fall or struck him, or something to that effect.

Did he seem to have any hurt in his side? - I cannot say that.

Did you from his appearance think his story probable that his death happened from some fall or blow? - The woman complained of his making bloody water.

Cross Examination.

What symptoms were there to induce you to believe he died of a blow or fall, did you strip the body and examine it? - I did not. If the body had been hurt in nine or ten days, I should not have expected to have found the discolouration. I was sent for too late to do him any good. I ordered some broths and a fomentation.

Was you present when the body was opened? - No.

Could a blow be given without there being an appearance of it when the body was opened? - Yes; I think a blow in the stomach might be given without any appearance of it.

JOHN PROCTOR sworn.

I am the brother of the deceased. He sent for me on the Monday the day before he died. I found him very ill in bed, very much convulsed. I asked him what was the matter; he told me he was going home on the Sunday night, and met Lister, that he and Lister jostled together, and Lister took him to

the watch-house, and said he was a proper person to serve his majesty; that Lister gave him a violent blow in the watch-house. I was with him twenty minutes. He said, Lister, that villain, had given him a blow that would be his death.

Was he delirious that day? - No; the next day he was quite frantic, and ran out, nobody could stop him; he died in half an hour after.

What did he say on Monday? - He said he was in too much pain to speak, he would write; it is in this book (producing it.) It is read as followeth.)

Mr. Lister and James Proctor quarrelling in the watch-house near St. Seputchre's, words ensued; some say blows; I was ordered up into the prison above. Four watchman that belonged there took me by the arms and legs and carried me up by force, opening the door stood upon steps, underneath the flooring, and flung me all along.

Did your brother the deceased ascribe his death to a blow received from Lister? - He did.

Did he describe the circumstances of the quarrel? - Only jostling together.

He did not explain the quarrel in the watch-house? - He did not. I met Martin in the Old-Bailey the night before the coroner sat on the body; we went and drank together, and talked of the affair; he said he had a great regard for Jim, he was a hearty fellow; he said he was under obligation to Lister because he owed him for some bread; he said if his hands had not been tied, Lister should not have treated him in the savage manner he did.

Trotter. I carried him up stairs myself.

Both times? - He walked up stairs himself the first time.

Was he taken up after Lister was gone out of the watch-house? - It was after Lister was gone home.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-58

441. JOHN SHORT was indicted for feloniously coining a farthing , Aug. 30th .

EDMUND WADE sworn.

On the 30th of August we went to the prisoner's house in Crown-ally, Moorfields ; we went there upon an information we had received. I went up the stone steps at the door of the house. I heard a sound at the window, crunch, crunch, and repeated knocks, one after another. I went up the steps and knocked at the door, when a woman put her head out of the window. I thought it was the best method to get in at the window. I threw my body right through the window into the cellar; there I saw a press and a fly. I went up-stairs, and let in Yardly and Hobbs. We secured the door, and then went up stairs into the chamber. I saw the prisoner standing upon the stairs, but whether the first or second pair I am not certain; his coat was off, and he was in his shirt sleeves. I presented a pistol to him; he desired me to put it up, and said he would come quietly; upon which I secured him and his sister; then Yardly and I went into the cellar, there we found these farthings (producing a great quantity in a bag) some on the ground, and some by the press. This farthing (pointing it out) was between two dies. We put the farthings into a bag, and took them and the prisoner to Justice Wilmot's office. There was no one in the house besides the prisoner, except two women, one of them the prisoner's wife, and the other his sister.

Jury. You did not see any body in the cellar? - No; I heard a kind of rumbling on the stairs, as if somebody was going up; that was just as I broke in, before I saw the prisoner. The women were dressed in their morning dress. One of the women called for a gold ring which was in the cellar.

What are you, and Yardley and Hobbs? - All three constables.

SAMUEL YARDLEY sworn.

I went with the last witness at the time he has mentioned. I can say no more than he has related. He broke in, and let us in; Wade took them to the office. After we were let in I went into the one-pair-of-stairs room, there I found a quantity of farthings all black; they were in a brown paper, blacked over as if they were old farthings. We went up stairs to find the prisoner; he knew me very well; he was on the stairs, in a waistcoat without sleeves, and without a coat on, and, as I believe, but am not certain, with his shirt-sleeves tucked up. There was no one in the house, besides the prisoner, his wife and sister, and two small children. I found some copper blanks, and a piece of copper they call cecil. We found three instruments for cutting blanks, two for farthings, and one for halfpence.

Mr. FLETCHER sworn.

I am one of the moniers of the mint (looks at the farthings). These farthings are every one of them counterfeits.

(The press and fly are produced.)

Is that engi ne fit for this kind of work? - It will answer the purpose of coining.

PRISONER's DEFENCE.

The cellar does not belong to me; I rent but the kitchen and the garret. The cellar belonged to one William Lannan .

GUILTY .

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-59

442. TERENCE SHEEN , otherwise SHEELY , was indicted for buying of Samuel Newton 1344 counterfeit farthings for one guinea; the same being a lower rate and value, than they by their denomination did import to be of .

2d Count. For buying the same money, each of them counterfeited, to the likeness of a good farthing, &c.

3d Count. The same as the first, only laying them to be bought of a person unknown.

4th Count. The same as the second, only laying them to be bought of a person unknown, Aug. 23d .

SAMUEL NEWTON sworn.

I keep a publick house at Shoreditch. I know the prisoner. Upon the 15th of August I had some dealings with him; he sold to me a piece and a half of farthings, at the rate of a guinea for 28 s. worth. I gave information to the officers of the mint; in consequence of which the prisoner was taken up soon after, and I have since seen the farthings he sold me.

JOHN DIXON sworn.

I went to the house of Sheen, who was in custody when Newton was apprehended; in his bed-room, in a closet, I found the coins now produced; there were 23 s. worth 8 1/4 d.

To Newton. Are those the farthings you bought? - They are; I know them by the shape and make of them.

Dixon. When I came to Sheen's house, I told him what I came for, he owned he had some farthings, he did not say where they were; he said he had them for a bad debt.

Mr. FLETCHER sworn.

These farthings are all counterfeits; they were not coined at the mint.

GUILTY .

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-60

443. 444. MARY CUMMINS , otherwise STRATHAM , and SARAH PERRY , were indicted for stealing a silver watch, value 20 s. a steel watch-chain, value 6 d. a silver seal, value 1 s. and a steel watch-hook, value 1 d. the property of John Field , privily from the person of the said John , Aug. 18th .

JOHN FIELD sworn.

I am a butcher . On the 18th of August, between twelve and one in the morning, as I was going home, I had occasion to make water in the street; the two prisoners came up to me; Cummins laid hold of my left arm, the other stood close to me on my right side; very few words passed between us. I had no kind of connexion with them. They

went away from me, and in a minute or two I missed my watch. I was fully satisfied it must be taken from me by Percy, who was on my right side, while the other woman held my left arm.

Did you feel her take it? - I did not. I ran after them; they were then in fight, but they got away from me. The next day I went round to the pawnbrokers, and found my seal pawned at one place, and my watch at another. I found out who the prisoners were, and had them taken up. I saw them very distinctly, and being so near I am certain as to their persons; it was a moon light night. When they were taken up they owned they had taken the watch, and said it was pawned with Mr. Burroughs for 18 s. I found the watch at Burroughs's.

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

WILLIAM JAMES BURROUGHS sworn.

I am a pawnbroker. The watch and key were pawned with me, without the seal, for 18 s. by one John Cummins . I heard the prisoners confess they had taken the watch from Mr. Field, and had given it to a man to pledge for them.

JOHN BOWTELL sworn.

I am a constable. I apprehended both the prisoners. This seal (producing it) I took from Mary Boker , in Portpool-lane, where she was pawning it; she said it was given her to pawn by Mary Cummins , and that if any questions were asked she was to say she found it by St. Andrew's church. I took Cummins before the justice; she acknowledged she pawned the watch for 18 s. at one Mr. Burroughs's; that she told Percy that it was only pawned for half a guinea, and she gave her 4 s. 6 d. out of it. Percy said she would tell the truth if the justice would show her favour, the justice said he would if he could.

Court. You must not mention what she said after that promise being made her.

Bowtell. Cummins said Percy took it from Field, and gave it her to pawn. I took Cummins in Portpool-lane, and Percy at her lodgings in Baldwin's-gardens. Cummins said that Percy said to her, d - n my eyes there is a gentleman making water, shall we go and do him, and take his watch; that Percy went up on one side, and she on the other, and took his watch, and that it was pawned for 18 s.

PERCY's DEFENCE.

I was coming home very late. This gentleman stopped me, and asked me where I lived. I said in Baldwin's gardens. Cummins came up. He wanted to be very rude. I told him I did not like it. He asked me what he should give me. I told him I did not know. He said he had no money, but he would leave his watch till the next morning. The next day I was distressed for a little money, and gave it Cummins to pawn.

CUMMINS's DEFENCE.

I heard the gentleman say he would give her his watch; that it was of very little worth. He was very much in liquor.

Both GUILTY of stealing the goods, but not guilty of stealing them privately from the person . Imp. 6 mo.

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

Reference Number: t17790915-61

445. GEORGE HAMMOND was indicted for stealing 28 quires of printing-paper, value 18 s. a printed bound book in duodecimo, value 12 d. 12 printed books in sheets, value 9 s. two other printed books in sheets, value 8 s. one printed bound book in quarto, value 6 s. another printed book in sheets, value 5 s. another printed book in sheets, value 16 s. another printed book in sheets, value 10 s. three other printed books in sheets, value 7 s. two other printed books in sheets, value 9 s. and two other printed books in sheets, value 10 s. the property of William Fox , Aug. 12th .

WILLIAM FOX sworn.

I am a bookseller in Holborn. The prisoner served me as a porter from last October till about four or five months ago; then he quitted my service; much about that time, and a little before, I missed the books mentioned in the indictment, and many

more which I have not inserted in it. I had a suspicion that the prisoner had robbed me, which suspicion was grounded partly upon the time when he left me, which agreed with the time when I missed the books, and partly upon the prisoner having access to my quire warehouse, which nobody else then had. I had him apprehended. He had a lodging in Oxford-road, where he had set up a bookstall. I had his lodgings searched, and there I found all the books mentioned in the indictment, and many more, all which I took to be my own, except as many as might be worth about 20 s. When the prisoner was taken up, he did not account how he came by those books, but set me at defiance, and said I could not identify the books for want of marks. The books were stolen in sheets, and he had done some of them up in boards for sale, or in order to disguise them the better. In binding the books in boards the prisoner had used some of my paper to put before and behind, which cost twice as much as the paper commonly used for that purpose. Nobody would have bought such paper for that purpose. There are no marks in most of the articles, but, from their correspondence with my quire-stock, I cannot have a doubt of the whole being mine; but some of the articles which are damaged or tied up in a particular manner I can speak to with certainty. Here is also a Field's bible, that I found at a bookseller's in Middle-row, which I know to be mine; it has the name of the gentleman I bought it of in it. I know that I had never sold it.

JOHN CUTHELL sworn.

I am a bookseller in Middle-row, Holborn. I bought this Field's bible of the prisoner at the bar from his stall, as he exposed it to sale.

THOMAS SHIRLEY sworn.

I am a constable. I went with a search-warrant to the prisoner's lodgings, and found the books which are produced in the prisoner's lodging, and a great many more, that Mr. Fox swore to. The prisoner said he bought them at one place or another, but could not tell when, nor ascertain of whom he bought them. Mr. Fox in my presence asked him whether he could ascertain any one person he bought any of them of; he said no. A soon as I found the books I took the prisoner to Sir John Fielding's office; he was examined there, and committed for further examination. On the Wednesday following we attended at the publick examination day. Mr. Fox swore positively to these books; the prisoner was committed, and I was bound over to produce the books.

From the prisoner. Will your lordship please to ask the prosecutor whether he can, upon oath, ascertain these books to be in his shop when I came to work with him on the 1st of October last? - My lord it is impossible all these articles could then have been wanting without my missing, in the course of that time, some one or other of them, or a multitude of them; these books must have been, some or other of them, taken away since, for if they had been taken away before I must have missed them. The first article I missed was Kenrick's dictionary. I can swear I must have missed some one or other of the articles.

Prisoner. Whether, upon oath, he can declare that he had never a servant in the house since the 1st of October last but me? - I had no other servant in the house when I missed the books. When I turned him away I took a maid-servant. I do not much live in the house myself; I go out. She came about a week after he went, I believe.

Prisoner. Do you mean that never since the 1st of October you had no other servant, during the time that I lived with you? - I think not, if there was, it was a few days when he first came, and if she had taken them I must have missed them much sooner than I did, but to the best of my recollection I think she was gone before he came.

Prisoner. Whether he had an officer with him when he took these books he lays to be on the premisses? - The officer has himself sworn that.

Court. It is not material.

PRISONER's DEFENCE.

At the time when I was taken into custody by the prosecutor, and brought before Sir John Fielding , in order to be examined, the

prosecutor, with the officer whom he brought with him, brought these few articles before Sir John Fielding which he had singled out. He was told that there were a great many more in my lodgings, but he would not venture to touch any of them, until such time as they were pointed out to him every article belonging to him, which was done by one Mr. John Hayes , who came along with Mr. Fox. I told them as to pointing out every particular article belonging to Mr. Fox I could not do it, but if he could certainly swear to any of them, or could with safety to himself claim any of the property he found upon my premisses he might take them in the name of God. Upon the strong persuasions of my friends; the promise made by the prosecutor not to appear against me; the horrid apprehensions of a prison, and the natural love of liberty worked upon me to deprive myself of my property, and to risque my life. I delivered up an order to the prosecutor to go and take such books as he chose to take, which he thought he could claim.

Court. Have you any witnesses? - Yes, to prove that about this time twelve months, when I kept a shop in Peter's-street, Saffron-hill, I was afraid of my landlord. I took that shop about this time two years. Being afraid of my landlord, and the tax-men, I moved off the principal of my shop-goods to a friends of mine, who is ready to appear; but having unfortunately lost my catalogue among the other effects, which sell into the hands of the broker, and after the sale I could not procure it, I am therefore deprived of showing to you the number; denomination; the quality; the time when, where, and at what price, I have bought my books, being deprived of that happiness, I had nobody to recur to but my friends to prove that I had these books; they cannot possibly ascertain the value, but I moved a great quantity of books upon my friend's premisses about this time twelve months. I was obliged to serve the prosecutor as a porter; he hired me to sold and few, and put books in boards for him. It was on the 29th of September last I left off, and the books I had not time to remove unfortunately fell into the hands of my landlord. I removed what I could of my books to a friend's in Bridgewater-gardens, intending to re-assume my profession afterwards.

For the Prisoner.

JOSEPH GAUNT sworn.

I know the prisoner; he was a bookseller fifteen or sixteen months ago in Peter's-street, near Cow-cross.

Had he a good stock of books? - A great stock. About this time twelve months he brought to my house a large chest, containing, as he told me, books. I did not know it then, but I knew it a week afterwards. He brought so large a chest, I wonder he stood under it, for my apprentices and I had much a do to get it off his shoulders. He brought some more in a sack, in which sack I saw a parcel of books, such as pamphlets and old magazines; he said he was obliged to remove them for fear the officers of the parish should take them for parish dues; they might be there two or three months.

Do you know whether these books now produced are some that were in the sack? - I will not pretend to say that I know any of them. I am certain these were not; those were in blue covers.

Were there any books larger than pamphlets? - I cannot say.

Did they seem to be new books or old books? - Those I saw seemed to be new books. I can say nothing as to the contents of the trunk. I have known the prisoner ten years; I never heard any thing bad of him; he is an honest industrious sober hard working man, and took care of his family.

What are you? - I am in the watch way.

Where do you live? - At No. 1. Bridge-water-street; I have kept house in that parish fourteen or fifteen years.

THOMAS DOUGLAS sworn.

I have known the prisoner many years. In May 1777 he took a house in Peter-street, Saffron-hill. He asked if I would come and credit him for a few things in the stationary way; I did, about fifteen or sixteen pounds. He seemed to go on very well. I did not hurry him for the money, not from that time till he was in trouble; I had a good character

of him; he stands indebted that sum to me now.

Jury. Did you sell him these books produced? - No, none of these ever belonged to me; he has a parcel of books of mine to do, but here is nothing here belonging to me.

JOHN LOCKE sworn.

I have known the prisoner ten years; I never heard but that he was an honest man. and worked hard for his family.

JOHN MONK sworn.

I have known the prisoner about ten years. He always bore the character of an honest industrious man.

GUILTY N. three years .

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

Reference Number: t17790915-62

446. THOMAS WATSON was indicted for stealing twenty-five live ducks, value 2 s. the property of Richard Plaistow , Esq . May 7th .

TIMOTHY HALL sworn.

I am a labouring man. I live near General Plaistow , in the parish of South Mims. The General lives at Potters-bar . I saw the prisoner at three or four o'clock in the morning on some day in the beginning of May, I cannot fix the day, take some ducklings, a considerable number, I cannot fix the number; I saw him put them into a bag and carry them into his own house which was just by; he keeps a publick-house at a small distance from General Plaistow 's. I saw him at his house take them out of the bag, and the next morning I saw the ducklings at the prisoner's house; I said to him and Mrs. Wells, Mr. Watson's house-keeper, your family is greatly increased since last night; they made no answer to that; and I gave no further explanation of it; I made use of the expression in the presence of Greenbury.

EDWARD GREENBURY sworn.

I did hear the last witness say that Mr. Watson's family was increased.

For the Prisoner.

SARAH JACKSON sworn.

I was servant to General Plaistow .

Do you know what ducks General Plaistow had? - Three old ducks; one of them set herself upon seven eggs, the other brought out five young ducklings, but the vermin destroyed them. I came away on the 15th or 16th of June. They were destroyed when they were quite little ones, quite weak, for I saw them lying about the field when I came away.

MARY WELLS sworn.

I live as house-keeper to Mr. Watson, he keeps a publick-house at Potters-bar.

Perhaps you know in what condition he was during the beginning of May, during the whole month of May indeed? - On the 26th of April he scalded his leg, and he was never out of his house for two months; I took the key home with me every night.

And you take upon you to say he was never out of the house for two months? - Yes; for I took the key home every night and unlocked the door every morning.

Was he able to walk even across his room from the violent scald he received? - No, not for ten weeks; he had, besides, the gout in both his legs.

Had Mr. Watson any large quantity of young ducks? - Yes, he has two ducks and drakes of his own, and I set two hens upon thirteen eggs; one brought off ten.

NOT GUILTY .

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

Reference Number: t17790915-63

447. RICHARD MAILLING was indicted for stealing 36 lb. wt. of copper, called shruff copper, value 20 s. 6 lb. wt. of old brass, value 3 s. three brass weights, value 7 s. a quarter of an hundred of copper filings and turnings, value 9 s. six pewter patterns, value 20 s. twenty lead patterns, value 40 s. sixty copper patterns, value 7 l. and six brass patterns, value 20 s. the property of James Penticross , and Job Cox (and whereof William Walker was at the last sessions convicted of burglariously stealing) well knowing the said goods to have been stolen, against the statute , March the 4th .

JOB COX sworn.

I am a brasier and founder , and am in partnership with James Penticross on Eyre-street-hill. In the night of the 3d of March a burglary was committed in our house. We lost but of the house all the things mentioned in the indictment, the value of them as stated in the indictment is a moderate value. William Walker was convicted of the burglary; and received his majesty's pardon. By an information received from Joseph Penticross , I suspected Mealing, the prisoner, to have received the stolen goods; I went to Mealing's house about it, and heard Mealing confess that he had several patterns which he bought of Walker and Penticross, who broke open the house; Mealing endeavoured to pacify me, and promised to return the things if I would break off the partnership with Penticross, and called Penticross a bloody minded villain.

Whether he made that an absolute condition? - I do not expressly remember that he said so, but he said if I would break off the partnership with Penticross he would return the goods; he told me he bought them cheap of Joseph Penticross , my partner's nephew, and Walker; that they were of little use to him; that he had given a guinea for them; the patterns were worth fifty shillings if they were melted down; but for the use of a person in the trade, if they were made for a person they were worth 40 l. I did not give that for them because I made them myself.

JAMES PENTICROSS sworn.

I am a brasier and founder, in partnership with Job Cox. The dwelling-house is mine, it was broke open on the 3d of March last at night, or early in the morning of the 4th; Walker was convicted for it.

What is a founder? - A caster of such work as a brasier makes use of; a brasier cannot go on with his trade without a founder. I am of both trades; I served my time to them, and am a freeman of the city of London; my shop is the corner of Eyre-street, in Leather-lane, part comes into Summer-street, and part into Eyre-street; our house was broke open and we lost the things mentioned in the indictment. By information given by my nephew. I had reason to suspect the prisoner Mealing had the goods. I was at the prisoner's house several times; I made a minute of the times I was with the prisoner. My nephew told me they went to Mailling's the night before the burglary, and bought the instruments to break the house open with, and that they were sold to Mailling; I went to Mailling's house with Dinmore the constable; and Mailling confessed that he bought the goods for a guinea of Joseph Penticross and Walker, and he said if he had known they were mine he would have returned them immediately. He acknowledged that he knew they were stolen from No. 13. but that he did not know that it was my house; he acknowledged the same thing to me the next day, and promised me to return the patterns; he made these promised me to return the patterns; he made these promises five different times. I was willing to make up the matter on receiving my goods; but finding he did not keep his promise, but put me off from time to time from the month of March to the month of May; I at last got an indictment against him. The patterns were fairly worth 100 l. and if melted down would be worth three or four pounds. The prisoner acknowledged not only that he had received the patterns, but that he had received the other goods mentioned in the indictment.

What is Mealing's trade? - I look upon him to be an infamous man, a buyer of stolen goods.

Cross Examination.

This man keeps a good house does he not? - He appears to keep a house there.

He deals in old iron? - Yes, I believe him to deal in stolen goods; I have made it my chief study to watch him day and night.

Perhaps you knew? - Not before this affair.

Did you know him before you went to America? - I did not.

This man was free in confessions, he made no secret of it to you or any body else? - Possibly he might; if he had been an honest man he would have done it at first; my opinion is he is as great a rogue as any existing; if it were not for such men as he very

few I believe would come to an ignominious death.

You have been at America I believe? - When my lord judge pleases to ask me I will solve it. I have nothing more worth your hearing.

You have been at America? - I will not solve you; I have never been there for any thing that is bad; if my lord judge will ask me I will solve him.

You say the gentleman in black that is by me came and offered you forty pounds, was it not you that offered him forty pounds? - I did not.

Did not he tell you he sent for you to go before the justice, and that the justice would not take bail without you? - No. Would not take bail! I do not know your meaning.

Did not the person that you say offered you forty pounds come and tell you,

"I am come from the justice and he desires you will attend, for he will not take bail for the man without you are present?" - Not to my remembrance.

You did not offer him forty pounds? - No, it was beneath me.

Did not you make an appointment to attend at six o'clock? - It was between eleven and one, I was casting; I said I could not attend then; I told him I should be done casting at six o'clock; he said his watch was with the Horse Guards, as true as the sun; that he would be there at six.

Do you know one Bartum? - Give me your reason for asking that question; I will not answer that question, it is not a fair question. I do not owe Bartum a farthing; I do know him.

Do you know Mr. Baxter at Cow-cross? - I have as much reason to ask you that question.

JOSEPH PENTICROSS sworn.

Did you carry any goods you took from your uncle's house to Mealing's? - I did; I carried some small lead patterns in my hat; Walker carried all the rest of the things (repeating them) in a bag at different times he weighed them, and said they came to just one pound one shilling; this was in the morning after the burglary, I believe between seven and nine o'clock. He asked Walker where they came from; Walker said out of Eyre-street. Walker said I hope you will keep them safe, as Penticross is a man that knows things, and this is his nephew; I am afraid we shall come into trouble. He told him where they came from in my hearing. He was an older acquaintance of Mealing's and could converse with him better than I could.

Where did he put the things? - They were on the counter when we came away.

Have you had any conversation with Mailling since? - No, only at the Castle and Falcon in St. John's-street; he said to me, now you have confessed the robbery you shall be hanged.

Did Walker tell him they were stolen? - He knew the place was to be robbed before it was robbed; the tools to break open the house were bought of him; he made some old keys at the time; the tools were straight, and he made them red hot and bentthem, fit to break the house open; I was present at the time.

Did he tell him what the tools were for? - Yes.

Cross Examination.

Did Walker tell Mealing you were going to rob Penticross? - Yes.

You was taken up for this burglary? - Yes; I told my uncle the same story before I was in custody.

When you was taken up did you tell the constable you sold these things to Mailling? - Dinmore said, Stumpy, where are these things fenced? I said they were at Mailling's.

Did not you say the property was left at Walker's, under the bed? - No, I said the bags were there; the property was at Mailling's.

You do not know what the weight was? - No, I do not, indeed; he bought them by the pound; he weighed the lead, pewter, and copper all separate.

PRISONER's DEFENCE.

I never had the copper; young Penticross never was at my house.

For the Prisoner.

JOHN DINMORE sworn.

I am a constable. I apprehended the parties. When I apprehended Joseph Penticross , he said I might find the other parties in Maiden-lane; that they were gone there

with a jack-ass. He said the patterns were left in a bag under the bed in Walker's room; that all the property taken in the house was in the bag; I went up to Walker's room and found the bags, but no property, only two small patterns in the closet, and some in Walker's pocket; when he came before the magistrate, he voluntarily surrendered himself to be an evidence; the magistrate asked him what he had to say; he said nothing at all till the other men came up; when they came up he said he knew nothing of the property, nor of the parties: false swearing is nothing to him. On the 19th of May when we were before Mr. Serjeant Glynn for the settlement of the money for apprehending of them, James Penticross called me out of the King's-head, and said he had often been after Mailling; and that if I could see him and get thirty pounds of him, he and his partner would have twenty pounds, and I might do what I would with the other ten.

- ISAACS sworn.

I was present when this conversation passed between Dinmore and James Penticross ; he said to Dinmore, I cannot see this Mailling, he will not come near me; and he desired him to frighten him, and said if he could get thirty pounds he and his partner would have twenty pounds, and he should have the other ten. One night, prior to that, he sent for me and asked me if I had seen Dinmore, and told me if I saw him to tell him to let Mailling know he had indicted him, and desired him to come to him and settle the matter.

- CHAMBERS sworn.

I am clerk to an attorney. I attended at the justice's to give bail for the prisoner; the justice would not bail him, without James Penticross was present; I went to Penticross; when I knocked, he opened the door himself; he was in a hurry, and asked me to come in; I saw a publick-house opposite, and asked him to go over the way, that I wanted to speak to him; he said he was melting, if I would go down stairs it would be the same. The partners were there together; he said he supposed I was come about Mailling's affair; he said there was no occasion to go on in that nonsensical affair; that he need not be afraid to come to him, that he would settle it; I told him he could not do that now there was this indictment hung over his head, that that was not my business, if he would meet me at Mr. Blackborough's his time should be my time; he showed me several patterns, and said they were of great value; I asked what value; he said fifty pounds, and if he would pay him forty-seven pounds he would settle it.

Did you offer him forty pounds to settle it? - Not a halfpenny.

GEORGE BAXTER sworn.

I have known the prisoner five or six years; I never knew any harm of him in my life. He keeps an old iron shop; I went twice to James Penticross by the prisoner's desire, to see to get him bailed. Mailling said he would never give him a halfpenny to settle it. Penticross would not be agreeable to bail him; he wanted the money.

(The prisoner called three witnesses who gave him a good character.)

GUILTY N. seven years .

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

(As soon as sentence was passed on the prisoner he drew out a small knife and stabbed himself in the throat. A surgeon who was present in court, examined the wound and said it was not mortal.)

Reference Number: t17790915-64

448. SARAH GOODYE spinster was indicted for uttering to one Elisabeth Fitzgerald , a piece of counterfeit money in the likeness and similitude of a sixpence .

2d Count. For having in her possession at the same time another piece of counterfeit money in the likeness and similitude of a shilling, August the 27th.

WILLIAM ROGERS sworn.

The prisoner came to our shop, Mr. Painter's, an oil-shop, No. 6, Newgate-street, between eight and nine o'clock on the 27th of August for half an ounce of stone-blue; I weighed her the blue; she offered me sixpence for payment; I took it up and rubbed it on my shoe, and said this is not a good one; she offered to leave a shilling with me

till she came for the blue; I said I did not like the shilling, so that she need not leave it; she went out, and I followed her as far as Mr. Vanbagen's, the pastry-cook, in St. Paul's church-yard, there she bought a tart, and changed sixpence; then she went as far as Mr. Bowles's, the pri-shop, there she met a young man and talked with him five minutes; after that she left him and went to a fruit-stall at the corner of the Chapter-house, there she was about to buy some trifle; I met Bumfield; I said to him I believe this woman is putting off bad money, go see if she gets change; afterwards I watched her into Cheapside, I staid till the constable and Bumfield came; she went to another fruit-stall at the corner of Friday-street, there the man left her; she was purchasing some peaches when the watch took charge of her; while she was purchasing them she offered a sixpence; the girl disliked it; she said it was only discoloured with being among copper; the girl agreed to take it, and was counting out the change, when Bumfield and the constable came and took her.

ELIZABETH FITZGERALD sworn.

I keep a fruit-stall at the corner of the Chapter-house. The prisoner came to me and asked me how I sold my peaches; I said two a penny; she offered me a sixpence; I asked her if it was a good one, and gave it her again; she said it was a good one; I took it and put it in my pocket; I had only a crooked sixpence and a plain one. As I was giving her change, the man came up and asked for the sixpence.

- WILTSHIRE sworn.

I was charged to aid and assist in taking the prisoner. There was a man that was taken up with her; I had this sixpence from the last witness (producing it).

Fitzgerald. That is the sixpence the prisoner gave me.

To Wiltshire. Did you search the man that was taken up with her? - Yes, there were eighteen bad sixpences found upon him, and five afterwards, and nine shillings and twopence halfpenny all in halfpence; in his side pocket there was found a duplicate of a ring, he put it in his mouth and tore it in three pieces; the constable took it from him; he said it would do them no good; the woman said my dear let them have it. Squires said to the woman I must search you, he took her up stairs, and searched her.

JOHN SQUIRES sworn.

I searched the prisoner; I found upon her a bad shilling and about an ounce of blue; she had no halfpence (the shilling produced). before I searched the woman, I found six bad sixpences on the man, five in one pocket and one in the other.

REUBEN FLETCHER sworn.

I am one of the moniers of the Mint (cuts the money). The shilling is bad; I cannot pronounce upon the sixpence; I cannot tell whether it is bad or no by this light; there is an appearance of yellow metal in the shilling.

Prisoner. My defence is this, question the girl over again, she said the sixpence was a plain sixpence; Mr. Clark told her at the Mansion-house it was a passable shilling.

For the Prisoner.

JOHN CLARK sworn.

Did you see the shilling found upon the prisoner? - I saw the shilling that was produced by Squires.

Did you say that it was passable? - Yes, it was passable, though it was a counterfeit shilling.

Is that the shilling? - It is impossible for me to tell because it is not in the same state.

Look at this sixpence and see whether it is good or a bad one? - It is a very bad one.

GUILTY Imp. 1 year .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-65

449. MARGARET CUNNINGHAM was indicted for uttering to one John Chattle , a counterfeit shilling .

There were two other Counts charging her with having in her possession at the same time two other counterfeit shillings, August 3d .

JOHN CHETTLE sworn.

I am an apprentice to Mr. Wright, a distiller, at the corner of Fleet-market, Fleet-street . On the 3d of August, at about four in the afternoon, the prisoner with two other women came into the shop and asked for a glass of gin; I gave it to her; she offered me a bad shilling; I refused it; she then offered me another; I refused that; she put down another, and then another; there were four bad shillings on the counter together; I then took them all up, upon which she desired one of the other women to give me a sixpence; she gave me one and that was bad; she then threw down a parcel of money for me to take my choice; I found they were all bad. I thought it was not proper she should have them again; I took them to my mistress, and she sent for a constable who took her into custody; there were seven bad shillings and two bad sixpences; I was informed the constable found a good sixpence upon her.

REUBEN FLETCHER sworn.

(Looks at the money) To the best of my knowledge they are bad.

PRISONER's DEFENCE.

I am a misfortunate girl of the town. Last Monday week going through Fleet-street, a gentleman asked me to go with him; I went into Shoe-lane, and he made me a present of this money? I went to the Boar's Head in Fleet-street, and staid all night; the next morning I was going with two other women to buy me a pair of shoes, and we called in at this shop to have a glass of gin; I gave him a shilling; he said it was bad; I gave him another, and he said that was bad; I then said good God, have I two bad shillings! and threw down the rest of the money; I did not know that they were bad.

GUILTY on the first Count , Imp. six months .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-66

450. JOHN KIPPAX was indicted for marrying a second wife, his first wife being then living , May 4th .

MARY GWYNN sworn.

Do you know John Kippax ? - Yes I was married to him on the 4th of May la in Catherine-Cree Church, Leadenhall-street . Some time after I married him he went down to Yorkshire; in the mean time I received a letter from his wife, directed to him, dated Netherthong, June the 30th, that was the first time I suspected his being a married man; I carried the letter to Mr. Alderman Plomer.

Do you know what her maiden name was? - Mary Portsmouth . She lives in Yorkshire. (The letter was produced in court.)

HENRY GOLESON sworn.

I have known the prisoner eleven or twelve years; he married my first wife's daughter Mary Portsmouth ; I gave her away to him at St. Andrew's Church, Holbourn, on the first day of the year 1769.

Do you know whether she is alive now? - No; I received a letter from her last September, this time twelvemonth; I have not heard from her since.

Do you know her hand writing? - I have seen that letter which Mrs. Gwynn has, it appears to be the same hand writing with the letter that I have. My letter is dated from Netherthong. I taught her to write.

ROBERT GUNSON sworn.

I have known the prisoner ten years. I am a manufacturer of shag duffel for great coats; he worked with me in the year 1772, with a woman he called his wife; he went down to Norwich; she got a pass and went after him; he came up again by himself in 1773, and worked for me in July; I never saw him here since he sent for me when he was in the Poultry Compter; I asked him how he could be so foolish to marry another wife, his former wife being alive; he said he had been down into the country and saw her; and unfortunately while he was gone two letters came up; but he had settled matters; so that no harm could come of it. I asked him if he had any connexion with her when he was down; he said no, not so much as to kiss her lips. That was before his second examination.

WILLIAM BROWN sworn.

I am clerk of St. Catherine-Cree church. (He produced the church register of the second marriage, which was read. The letter from the first wife, dated 30th of June, was likewise read.)

PRISONER's DEFENCE.

I leave my defence to my counsel. I am innocent of what I am charged with.

GUILTY . Fined 1 s. and imprisoned one year .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-67

451. 452. 453. BOB THE BARBER was indicted, together with JAMES GRANT and THOMAS TICKLE , not in custody, for making an assault upon Richard Downs , with an offensive weapon called a hanger, with intent the monies of the said Richard from his person to steal , May 25th .

(There was not any evidence given.)

NOT GUILTY .

Reference Number: t17790915-68

454. JOHN BARKER was indicted, on the coroner's inquisition, for feloniously killing and slaying William Conway , July 13th .

PETER GAUDEN sworn.

I am a harpsichord maker.

What do you know of the death of Conway? - I was at home. I heard a quarrel in Fetter-lane. I went out of doors, and saw Conway was in the street making a noise. Conway was a hackney coachman ; I believe his wife kept a green-shop. Conway said to Barker he would fight him, he would go to Gough-square. Barker was in doors; he laughed and said he would smoke his pipe first. Barker laughed at it, and thought it was only fun. Conway was in liquor. They went to Gough-square. I followed them. When they came into Gough-square Conway took off his clothes to fight; Barker kept his clothes on. Conway went to Barker, and struck the first blow, and there were several falls, and terrible ones. Conway in general gave the falls, and rolled over Barker; he was the heaviest man. Conway gained the battle; the prisoner gave out.

Conway had some bad bruises? - Yes; but I did not observe it then.

When was this? - I cannot say.

The 13th of July? - Some time thereabouts.

What day of the week was it? - I cannot say; I came home with Conway as far as his house; I thought he was very well; he asked me to drink; I left him and saw no more of him afterwards; I heard of his death, but never saw him.

What is the prisoner? - A captain's clerk of a ship.

Mr. VALENTINE JONES sworn.

I am a surgeon. I reside at St. Bartholomew's hospital. Conway, the deceased, came to the hospital, about eleven o'clock on Tuesday the 13th of July; I enquired what was the matter; he said he had fallen from the coach, and bruised his arm. I examined his arm, but found no bone broke. I asked him if he had any other bruises; he said none. The next morning I saw him, and asked him if anything else was the matter with him (he being intoxicated the night before); he said no; his wife said he had been fighting. I knew nothing of it. On the Saturday he was seised with a violent fever, and died on the Monday.

You attended him all the time? - Yes.

Did you see any other bruises, thought he did not complain? - No; nothing more than his arm; his wife said he had a bruise in his side; he never complained of that to me.

Now as to your own observation what do you think might occasion the fever? - I cannot say.

Did you see any bruise that might cause his death? - No, I think not; his arm was swelled, but not broke.

WILLIAM SHERMAN sworn.

I was a lodger in the house of the deceased at the time. I came home on the 13th of July, between eight and nine o'clock at night, I went to the window, and took a

pipe, and smoked. The prisoner came out of his own room into mine; he was disguised in liquor; the deceased's wife called Barker to come down and take his wife's part. It was Conway's house, and Barker and myself lodged there. The prisoner went down stairs, and I followed him. The prisoner stood near the shop-door, and I saw the deceased in the street, with his coat, waistcoat, and shirt off; he came up to the door, and challenged the prisoner to fight several times. I went between them. I thought the deceased would strike him. The prisoner had a pipe in his mouth; he came into the shop. The deceased came into the shop and said, come into Gough-square and fight; he said go, and I will follow you; the deceased went into Gough-square. I went into the square, and found him stripped. The prisoner came into the square; the deceased struck him in the face, and made his mouth bleed; he threw the prisoner several times; the prisoner gave out, and the deceased went away rejoicing, with most of the people who were in the square; the prisoner and I staid behind. When we came to the house the deceased's wife came to me and said O Lord, my husband's arm is broke. We took him to St. Bartholomew's hospital. Mr. Jones said it was not broke, it was only very much bruised. I saw him on the Sunday after, and he seemed out of his mind. I did not see him any more till he was dead. The deceased was troubled with a dropsy, and turned out of St. Thomas's hospital incurable, which occasioned a blackness in his side.

Mr. Jones. At the time this man was in the ward there was a very bad fever. I have a patient that is bad with the same fever who is delirious, and the prisoner was in the same state. After a person is dead it is very common for the blood to coagulate and appear black, when there is no bruise of any consequence.

Whether you think the deceased died by a fever occasioned by the bruise of the arm, or a contagious fever? - I cannot positively say, but I should think from the fever that was in the ward.

He was taken with the fever on the Saturday; on the Friday did the bruise appear likely to occasion such a fever? - No; on the Friday he had very little fever; when I saw him on the Saturday I was surprised to see it.

Was the fever the sort that are occasioned by bruises? - It was not.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-69

455. 456. 457. 458. 459. BENJAMIN VALUE , MICHAEL WHITE , SAMUEL STEPHENSON , GEORGE BOLTON , and AMBROSE WARD , were indicted for stealing nine pieces of silk lace, containing 64 yards, value 3 l. 14 pieces of silk ribband, containing 103 yards, value 3 l. nine pieces of thread lace, containing 60 yards, value 3 l. two worked muslin aprons, value 12 s. eight velvet collars for the neck, value 1 s. two pair of worsted mittens, value 3 s. and 15 metal pins set with stones, value 3 s. the property of Benjamin Price , Sept. 4th .

SARAH PRICE sworn.

I am the wife of Benjamin Price . I lost all the things mentioned in the indictment, (repeating them) and many more; they were in a box.

Are you sure they are worth the sums mentioned in the indictment? - Yes. I kept a stall in Bartholomew-fair : the goods had been exposed to sale. I packed them up in a box to carry home; this was on the first day of the fair. We carry the goods home every night. When I had packed them up, I waited for my husband to come and take the tilt of the stall down, and take them home; some people that came past bid me take care of my goods, for they said there was a bad man or two behind my stall; that they were afraid I should be robbed; that put me in a good deal of fear. I saw Value at the end of the stall; there was another, but I could not get a sight of him. My daughter said I will go and watch him; she went and faced him. My husband not coming, I said we must take the things and go home. I went to take the tilt down, the prisoner Value that instant took up the box and ran away with it; he gave a whistle, and the rest all

came up to him immediately. I pursued them down Chick-lane; they ran into a court; I was afraid to follow them there. I did not see the faces of the others till they were taken. I saw them all run away together. I got two constables, Mr. Hall and Mr. Massey, and they took the prisoners as they were selling the things. When they were taken, I told the constables I could swear to Value but not to the others.

JOHN HALL sworn.

I am a constable. Mr. Massey came with the prosecutrix to Mr. Henshaws, and said she had been robbed. I went immediately to Sharp's-alley, in Blackboy-alley, to the house of one Lynes, and looked through the window, and saw Bolton and Ward showing a woman a roll of green ribband, and a piece of lace.

What sort of a house is it? - A little house; a bawdy-house.

Is it kept by a man or a woman? - By a woman.

(The goods were produced in court, and deposed to by the prosecutrix and her daughter.)

Hall. I took the prisoners down to the Anchor and Crown, and left them in custody of some of the neighbours, while I and Massey went down Field-lane, and saw the other prisoners in the house of one Mrs. Tipton, who keeps a clothes-shop, in the back room; they were sitting down. I did not see them doing any thing. I found lace, ribbands, mits, and other things, tied up in a handkerchief, and thrown into the coal-hole. I brought them all to the Anchor and Crown, where the others were. I searched them, and found rolls of ribband in every one of their breeches, they are in the bundle which the prosecutrix has sworn to. This roll of sash ribband (producing it) I found in Value's pocket.

Prosecutrix. I can swear to that ribband; it is not rolled up as they are rolled up at the shops; I bought it by the yard at a sale, and rolled it up myself on a piece of paper.

( Thomas Massey , who was with Hall, confirmed his evidence.)

VALUE's DEFENCE.

Going along by the end of Field-lane I picked up a paper; I stopped to have some oysters, and while the woman was giving me change for 6 d. Mr. Hall came up, and seised me with the paper of things.

BOLTON's DEFENCE.

My master works in Sharp's-alley. I was going home at half after eleven o'clock; coming through the alley, I saw this bit of ribband and lace lie. I saw a light in a window. I went in to ask the woman to lend me a candle; while she was lending me a candle this gentleman came in and took me.

WHITE's DEFENCE.

I happened to be locked out, and coming down Field-lane I saw a woman at a door. I asked her if I could have a lodging there; she said yes; as I was going to pay for the lodging the men came up, and said they are all here. There was nothing found upon me.

STEPHENSON's DEFENCE.

I was going to buy a shirt. The gentlemen came in, and said they are all here. There was nothing found upon me though the constable swears it.

To Price. Did you see Value take the trunk? - Yes; I saw him take it.

VALUE, GUILTY N. 3 years .

The other four GUILTY . W .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-70

460. 461. HANNAH EPHRAIMS and SARAH ABRAHAMS , were indicted for stealing a worked muslin apron, value 30 s. two worked muslin handkerchiefs, value 10 s. and six yards and three-quarters of muslin, value 27 s. the property of Thomas Ham , privately in the shop of the said Thomas , September 6th .

THOMAS HAM sworn.

I am a linen-draper in the Strand , a little on the other side Temple-bar. On

Monday the 6th instant the two prisoners came into my shop, between twelve and one at noon, upon pretence of buying some goods. I showed them several pieces, but they did not buy any thing. By the manner of their behaviour I entertained a suspicion that they wanted to steal something. I did not actually see them take any thing. On account of my suspicion I behaved with less civility to them than I had done before; in consequence of which they departed very suddenly; that rather confirmed my suspicion. I consulted with my wife upon the matter, and then plucked up resolution enough to follow them, and brought them back under a pretence of accommodating them with a piece of muslin that would suit them; when they were in the shop, I told them I suspected they had stolen something out of the shop, and insisted upon searching them; they after some little difficulty submitted to it, and we found in the pocket of Sarah Abrahams the goods in question, Sarah Abrahams did not deny having taken them, but offered to make it up by paying the value.

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

Prosecutor. I find the offence is very penal. I beg to mention to your lordship, that I wish it may be as favourable as possible for the prisoners.

(Abrahams called five witnesses who gave her a good character.)

EPHRAIMS NOT GUILTY .

ABRAHAMS GUILTY of stealing the goods, but not guilty of stealing them privately in the shop . Imp. 6 Months .

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

Reference Number: t17790915-71

462. JANE, the wife of John CARR , was indicted for stealing two silver tablespoons, value 20 s. two silver tea-spoons, value 5 s. a silver tea-strainer, value 1 s. four men's shirts, value 20 s. and two pair of linen sheets, value 15 s. the property of John Nicholson , in the dwelling-house of the said John , July 1st .

JOHN NICHOLSON sworn.

I live in Holywell-street in the Strand ; the prisoner was my servant ; I missed the things mentioned in the indictment (repeating them); I charged her with taking them; she confessed she had pawned them, and told me where. I did not make her any promise to induce her to confess.

- REDSHEAD sworn.

I am a pawnbroker. I took the goods in of the prisoner the first on the 22d of February.

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

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

GUILTY of stealing the goods to the value of 39 s.

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-72

463. MARY RICHARDSON was indicted for stealing ten yards of silk damask, value 50 s. twenty yards of thread-lace, value 40 s. six yards of printed cotton, value 16 s. twenty yards of silver ribband, value 10 s. and a gold ring, set with Amethists, value 5 s. the property of James Squibb , in the dwelling-house of the said James , June 1st .

JAMES SQUIBB sworn.

I live in Saville-row . I lost in June last from my dwelling-house, at different times, the things mentioned in the indictment; the prisoner was my cook-maid . About eight or nine months ago I was informed by one Mary Dickins that the things had been taken and conveyed to the prisoner's aunt's. I found some of them at her aunt's, and some in the custody of one Susannah Dodson . I had the prisoner taken up. She then said that she purchased the things of a porter of mine, and a clerk of mine, who is since dead. She confessed taking them to her aunt's.

(The goods were produced in Court, and deposed to by the prosecutor.)

What is the value you put upon these things? - Five guineas. I had had these goods in my possession ten months.

Whether you told her it would be better for her to confess? - I did, and gave her three weeks; I told her if she would give up her accomplices I would let her go. She would not; she did not confess any thing to me. I did not find the things out by her means; I found them out merely by the information of Dickins.

MARY DICKINS sworn.

My husband kept company with Sukey Dobson. I learned by my husband that the prisoner had taken the things and given them to Sukey Dobson to carry to her aunt's, and I acquainted Mr. Squibb of it.

SUSANNAH DOBSON sworn.

The prisoner told me her master and she had quarrelled, and she was coming away. She gave me a handkerchief, with some rib-bands and lace in it, to take to her aunt's. I met Dickins; he asked me what I had got there; I told him it was a bundle from Betty, meaning the prisoner; I carried it to the house where I lodge, and looked at it.

Is that the lace that is produced? - Yes; when I saw Dickins again he asked what it was. I told him. He said I was a fool if I did not cut some of it off, for he dare say she did not come honestly by it; that she had robbed her master of it. Dickins kept company with me at that time. I did not know but that he was a single man. I carried it to her aunt's as she ordered me.

PRISONER's DEFENCE.

I had the things of a clerk of my master's, who is since dead.

For the prisoner.

MARY WILSON sworn.

I washed for Mr. Slaney, Mr. Squibb's clerk, who is since dead; he died in March. I went for his linen. I saw something tied up in a piece of cheque; I believe it was damask; there was a china-bowl and a cup; Richardson had them; she received them from Slaney; she said she had no money, but she would speak to her master for some; he said she might pay him when her master paid her her wages.

ANN BURGIN sworn.

I have known the prisoner five years. I always took her to be a very sober, honest girl.

GUILTY of stealing the goods to t he value of 39 s.

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

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17790915-73

464. ISABELLA CONDON was indicted for that, one piece of false, feigned, and counterfeit money, to the likeness and similitude of the current coin of this realm called a shilling, she did feloniously, traiterously, and against the duty of her allegiance, falsely make, forge, and coin , Aug. 3d.

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

DAVID PROTHERO sworn.

Mr. Clarke, Mr. Jealous, and I, went, in consequence of an information, to the house of the prisoner on the 3d of August, at about twelve o'clock at noon.

Where is the house? - In Peartree-court, Cold-bath-fields . We received information that there was coining carrying on in a house at the top of St. John's-street, but that the prisoner and her sister were finishing them in Peartree-court; we went there; I went in first; the prisoner was sitting upon a chair in the room; there was only one room, it was a sort of shed; she was finishing a shilling; a boy stood just by her; I caught hold of the boy's hands, and Jealous caught hold of her hands.

What age was the boy? - I suppose about sixteen years old. I saw upon the table aqua fortis, water, scouring-paper, and all the implements for finishing he silver. Mr. Clarke came in; she had several more shillings in her lap; I do not know how many; she had one in her hand which she was cleaning off. There was a key lying on the table by her.

Were there any shillings finished? - One in her hand, which will be produced by Jealous; that is, I believe, finished. Upon asking her what key that was, she said she did;

not know. Mr. Clarke said, pho, pho, it is your key, what signifies denying it. She said, d - n me you cannot do me now. Upon that we took her from thence to her dwelling-house, which is in a little court at the top of St. John's-street. When we came to the end of the court she was asked which was her house; she showed us the door, and with that key we opened it, and went in; we went up, I think, to the two-pair-of-stairs room, where we found all these utensils; here is a cork they make use of for finishing, & scowering-paper, and melting-pots; here is the stuff they black them with to make them look old; here is the fine sand they use to make the impressions with; here is a stick with aqua fortis upon the end of it, which they use to clean the pieces with; this flask was ready set for casting. (The flask was opened in court; it was filled with sand, in which were made impressions for coining shillings and sixpences.)

Prisoner. What did I finish the shilling with? - I cannot take upon me to say. I immediately snatched hold of the boy. I saw the shilling in her hand; she was rubbing it with something, it might be a bit of scowering-paper.

Jury. How did you get admission? - The door was just upon the jar.

CHARLES JEALOUS sworn.

On the 3d of August I went with Mr. Clarke and Mr. Prothero to a house in a little court in Coldbath-fields; we went in directly, and I saw the prisoner rubbing a shilling.

What was she rubbing it with? - A piece of sand-paper. She had some shillings in her lap, and some lying on the table, and there was this piece of cork. We made her stand up, and out of her hand we took this counterfeit shilling (producing it). After we had secured her we saw a key lying on the table near her; she said it belonged to her house. Mr. Clarke and Mr. Prothero went first, and she laid hold of my arm, and we went to her house. The house was in a little court, near Goswell-street, in a new row of houses, opposite St. John's-street. We unlocked the door with that key, and went up stairs, and in the garret we found all these things.

Prisoner. How was I finishing these shillings? - She was sitting rubbing a shilling.

What was I finishing it with? - Rubbing it with sand-paper.

What was the water in? - I did not take particular notice of that.

JOHN CLARKE sworn.

I went with Prothero and Jealous, on the 3d of August last. We first went to a place in a court at the top of St. John's-street. When I came to the house I received information that the prisoner was not then at home. Then we went to a court near the Cold-Bath, and saw her there sitting at a table, scowering a shilling with a piece of sand-paper; before her, upon the table where she was sitting at work, was this bottle of aqua-fortis, some water, and scouring-paper, and in her lap were seven counterfeit shillings, which I have got here (produces them.)

Were those shillings finished? - No; they were what she was at work upon. There was the key of her house lying upon the same table. I asked her whose key that was; she said it was her's. I knew where her house was. After we had taken her into custody we went to her house; when we came there I asked her which was her house; she pointed out the house, and I unlocked the door with that key; we took her up to the garret, and in the garret we found these things; here are flasks, melting-pots, wrought arsenick; here is facing, which is what they use after they have put the impression upon the sand; the sand is porus; this is a fine sand, and it is laid upon it to make the impression come off clear; here is sand-paper, and some part of a get which is used to make the passage for the metal to run into the flasks; here are some shillings, but the impression is not come up; there are five, which are patterns, which clearly have made these impressions in the flask; here is other waste metal.

You found none that were in any degree finished, except that which she was at work upon, when you went in? - Yes; there are three there that are finished; they lay by the side of the moulds in the other house.

Are they counterfeit? - They are; these are all counterfeits.

Court. Whether that shilling you say she was at work upon was made from these impressions in this mould? - (After inspecting them) I do not think it was.

Had the prisoner with her, at the time you took her, all the necessary things to make this piece complete? - She certainly had.

What was all that was wanting to make it complete? - Nothing but to be dipped into aqua-fortis; the aqua-fortis and water stood in a cup before her; dipping it in aqua-fortis and water forces the strength of the silver on the outside.

Do they want rubbing afterwards? - With a little sand.

Will a flask do for more than one casting, or must it be set afresh for every casting? - They make a fresh mould, for by taking the pieces out it spoils the impression; they generally keep a particular set of patterns for laying the mould.

Do any of these correspond with the mould? - Two or three of them do.

Mr. FLETCHER sworn.

I am a moneyer in the mint (inspects the three finished counterfeits). These are all bad.

PRISONER's DEFENCE.

Mr. Clarke says he took these things all on my lap; the other men say there were some in my lap, and others on the table. They were all in my lap. I went to Mrs. Beckford's house. I was there before they came; she had pawned some things for me. A young woman came in that I had let the rooms to, and left these things with me. I did not know what was in my lap, one looked like a shilling, it was white and yellow. They watched this young woman from her mother's house to the house where I was. I believe she knew these men were pursuing her by her burry, so she dropped in there. It is not to be thought that a poor woman like me could do it. There was nothing in the apartment where I was. I had let the house to these people. I had not settled with my landlord on Saffron-hill. I could not take away my bed till I had settled.

For the Prisoner.

EDWARD BECKFORD sworn.

Prisoner. Whether you did not see the young woman bring these things?

Court. What age are you? - Between fourteen and fifteen.

Court. Can you give any account how these shillings which were found in Peartree-court came there? - I can give no account how they came there; a little girl came, and sent me out for a pint of beer, what passed when I was gone I cannot tell.

Then you do not know how the shillings came there? - The girl must bring them there; the girl came in whilst I was gone for the beer.

GUILTY ( Death .)

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

Reference Number: t17790915-74

465. MARY ADEY was indicted for the wilful murder of William Barnet , July the 31st .

She likewise stood charged on the coroner's inquisition with the like murder.

Mr. HOWARTH,

May it please your Lordship and you Gentlemen of the Jury,

YOU collect from the indictment which has just now been read to you, that the prisoner is charged with the wilful murder of one William Barnet . It becomes my duty, as counsel for the prosecution, to state to you as faithfully as I can the circumstances attending the death of that unhappy man.

Gentlemen, it seems that the man, touching whose death you are now about to enquire, was a kind of assistant at the Publick-office in Bow-street . The prisoner, who is charged with having murdered him, it seems cohabited with a man of the name of Farmello, lodged with him, and lived with him as his wife, (though not really married to him). On the morning of the 31st of July it seems there had been a quarrel in the house

where the prisoner lodged, between the prisoner at the bar and another woman, who lodged in the same house; from words they proceeded to blows, the consequence of which was, that the other woman went before a magistrate for the purpose of procuring a warrant to take up the prisoner and her husband for the assault committed upon her; when they came to enquire at the office in Bow-street, it was about three in the afternoon, they found then that there was no magistrate there, and that they could not have a warrant till six or seven o'clock in the evening; upon which the woman who came for the warrant begged to know whether there was any constable there that would go with her to take up the man of the name of Farmello, as an idle and disorderly person, and being a person within the description of the law that has lately passed for the recruiting of his majesty's forces; upon that a man of the name of Prothero, who is a constable of that parish, and who had a warrant authorising him to seise persons within that description, said he would go, and he spoke to Barnet who was there and desired him to go with him, they went together in company with the woman, to the house in Castle-street, where the prisoner at the bar and the man lodged; upon going up to his room-door they found it fastened, and I think Prothero knocked at the door and demanded to be admitted; that was refused to him; one of the people of the house said, there is no occasion to go in through that door, there is another room that communicates with this, I can unbolt that door for you; the person went and unbolted it, and Prothero the constable, together with William Barnet, entered the room; in the room there were no persons but the prisoner at the bar and Farmello, who was a journeyman shoemaker, and followed that business in his lodgings. When Prothero came in he said to the man you must come along with us; Farmello made no answer, but the constable repeated it again; the man made no kind of resistance or show of resistance, for I think he had a rasp in his hand at the time, which he put out of his hand and had no weapon of offence about him, nor did he seem to meditate any kind of injury to any body; but the prisoner at the bar, who had in her hand a long knife, without a word having been said to her, without any kind of provocation having been given to her, ran at Barnet and plunged the knife into his breast, of which wound he languished till four o'clock the next day and then died.

Gentlemen, this will be the nature of the evidence that will be submitted to your consideration, and it being a clear fact upon which nobody can doubt that this man's death was occasioned by the wound given him by the prisoner; it will then remain for your consideration, under the direction of his lordship, whether there are to be found any circumstances in this case which will extenuate the offence to manslaughter.

Gentlemen, I shall take leave shortly to state to you what I conceive to be the law upon this subject, which I do the more readily, because I have the honour to speak before judges of known and consummate abilities.

I take it to be a settled principle of criminal law, that wherever there is a voluntary felonious homicide, without provocation, it will amount to murder. If it turns out in fact that the constable and his assistant were strictly in the execution of their duty and their office, there then could be no question at all made, but what this must necessarily amount to the offence of murder. But I own I doubt, myself, whether the constable was in the due execution of his office, for though he was possessed of a warrant which authorised him to search for people of a certain description, I confess it does not appear to me that the man who was the object of that search was a person who fell within the description of that law, and though the constable received that kind of information, yet I conceive a constable is always acting at his peril in that respect; and I doubt extremely whether he can be said to be in the execution of his office. But supposing that he was not in the execution of his office, then the constable and this man who was his assistant can only be considered in the light of trespassers,

that is, they are persons who without any legal authority, got into the room of another, and in so doing have barely committed a trespass; for you will observe that at this time there was no arrest of the person nor any attempt of that kind made before the blow was given, they had proceeded no farther than a menace of taking up the man, by that expression,

"you must go along with me;" so they were, as I said, barely trespassers. Now I take it to be one of the decided cases, that where a trespasser is found upon the land of another, and the other with a dangerous weapon, likely from its nature to kill, gives him a blow which occasions his death, the law says it is such an indication of that brutal conduct which implies malice, that such offence in the eye of the law amounts to murder. Now considering this case in that point of view, and considering these men as barely trespassers in the room of Farmello, without doing any thing more, I should conceive that the conduct of that unfortunate woman such as it was, subjects her to the extent of the charge against her, namely that of wilful murder.

Gentlemen, there seems another way in which this matter may be considered also, which is this, supposing they were not in the legal execution of their office, but the constable and his assistant had actually attempted to apprehend the man, I conceive then if the man himself, whose liberty was so attempted to be invaded, had resisted and killed the constable or his assistant, that would clearly amount to no more than manslaughter. But I think it a matter of great doubt and worthy of consideration, whether the law gives that favour to any other persons except the person whose liberty was actually attempted to be invaded. Here there was no menace or threat against the prisoner; she was not the object of their warrant or search, nor was meant to be apprehended; she was merely a person standing by upon whom no attack was made. It seems to me therefore, considered in either point of view, with respect to her, the offence of murder imputed to her cannot possibly be lowered. I have taken the liberty to state my opinion upon the subject, under the correction of the learned judges upon the bench, from whom I have no doubt you will receive proper instructions upon the subject, and I have no doubt but you will discharge the duty imposed on you as you ought to do.

DAVID PROTHERO sworn.

I am a constable of the parish of St. Martin in the Fields. At about half after four o'clock in the afternoon of the 31st of July, I was at home at my own house, which is in Castle-street. Barnet the deceased came to my house and asked me if I would go with him to impress a man who had been beating a woman, and had almost murdered her; he said he was a loose, idle, disorderly man, and came within the meaning of the act to be pressed; I asked him how he knew that; he said the two women were at the door and would inform me of the nature of it; I came to the door; the two women were there; one was terribly beat; I enquired further into the matter; they said he was a loose, drunken, noisy man, and lived with a woman who was not his wife. Barnet and I went with them.

Had you any warrant or authority under which you acted? - I had this (producing it). I went to the house, it is a publick-house in Castle-street, Long-acre; it was within 150 yards of my house. When I went into the passage of the house, I saw three men standing on the stairs. One said here is the constable coming up stairs to take him; I told them not to be in a hurry, but show me the door; they showed it me; I tapped at it with my hand; I had nothing in my hand; a question was asked from within by Farmello, as I imagine, as it was a man's voice, who is there? I said it is me, open the door. A servant maid in a room adjoining, said you need not go in that way, you may go in this way; that was a door in the middle of the wainscot which was a communication from one room to the other. Mr. Stephens and Mr. Ellis, who were in the room, went and unbolted the door, as the bolt was on their side. When they unbolted the door I went in.

Were Stephens and Ellis of your company? - Yes. When I went in I saw Farmello standing in the middle of the room straight before me.

Did you know Farmello before? - I did not. The prisoner stood on my left hand; when I went into the room I just waved my finger, I had nothing in my hand; and I said to Farmello, come my friend, you must go along with me; the answer he made me was what for? Barnet, the deceased stood on the right hand side of me and said, before I could make an answer to his question, come, come, you must go. Upon that the prisoner stepped by me in front of me, and I saw her strike Barnet, and she said, I think it was, d - n you, he shan't; I think that was the word; I know it was an oath. When her hand quitted him, I saw the knife was left sticking in his body, upon that he turned out of the room and said Lord have mercy upon me, I am killed, I turned round with a view of securing the man; I observed then that he had in his hand a long rasp (a kind of coarse file) about fourteen inches long; I had not observed the rasp before. I ran up to him and said what you villain do you intend to murder me; I struck him as hard as I could with my hand, and he either threw it out of his hand or dropped it, I cannot tell which; I catched him by the collar, and got hold of the woman; I begged Mr. Stephens and Mr. Ellis to assist me, which they did, and we secured them.

How long did the deceased live? - Twenty-four hours within a few minutes.

What became of Farmello then? - He is out upon bail for the assault upon Stephens.

But he has never been sent any where under this impress act? - No.

I understand he was a journeyman shoemaker? - I was told so.

ROBERT TAYLOR , Esq. sworn.

You are in the commission of the peace for Westminster? - I am.

Please to look at that warrant; do you remember yourself and the other two gentlemen whose names are to it, attending at a meeting for the purpose of putting that law in execution? - We met every Friday evening. This is one of the warrants; I believe this to be my hand writing.

Are not you certain? - It is possible a forgery may be committed; I believe it is my hand writing.

Mr. THOMAS WOOD sworn.

You are a commissioner under this act of parliament? - Yes.

Is that warrant signed by you? - It is.

Mr. JAMES SPOONER sworn.

This warrant is likewise signed by me.

(The warrant was read).

To Prothero. When you went into the room you say Farmello was a perfect stranger to you? - I had never seen him before.

Did you tell him who you was, or what your business was, when you said you must go along with me? - No; the murder was committed in a moment.

Did you say you was a constable, or any thing of that sort? - When he asked what for, I was going to tell him, but the prisoner instantly committed the fact, and prevented my telling him.

JANE STEPHENS sworn.

I lodged in the same house the prisoner and Farmello lodged in. I went on Saturday the 31st of July to the office in Bow-street to get a warrant for their abusing me. Mr. Barnet was over the way in Bow-street; I went to him, and told him I wanted a warrant for Mrs. Farmello (as they called her) for abusing me; he said I could not have one till six o'clock. I asked him if I could not get one elsewhere; he said he did not know. He asked what sort of people they were, and who they were. I said there was a man lived with her that had a wife of his own that he did not live with, and that he did not mind his business. He asked me if I was sure of that; my husband made answer that he did not.

Had you any complaint against Farmello? - No; they never affronted me till that day. My husband said they always worked on a Sunday, Mr. Barnett said, if he lives with another woman, not his wife, he is under the act, and liable to be pressed; he said he would get Mr. Prothero to go along with

us; he went with us to Mr. Prothero's house, and then we went to the house; what happened up stairs I do not know. I sat in the passage a few minutes; as I went up stairs I met Barnett coming out of the room with a knife in his left side. He said O dear! O dear! three times, and asked me to take it out. I turned my back on him, and said nothing more.

How long had these people lodged at this house? - Six weeks.

JAMES STEPHENS sworn.

I am the husband of the last witness. I went with her to get a warrant.

It ended in your coming, in company with Prothero, Barnett, and the woman, back towards the house? - When they came to the house I was at the street-door.

Give an account of what passed in Farmello's room. - As soon as the door was opened I saw Mr. Prothero go towards Farmello to speak to him.

What did he say to him? - I never could recollect what passed, but I saw Mr. Prothero go towards Farmello, and in about half a minute, I saw the prisoner stick a knife into Barnet's side.

Had Barnet said or done any thing to her previous to that? - Not that I saw; upon that Barnet turned round, and went out of the room.

Cross Examination.

They were refused admittance at the front door? - The servant-maid told me afterwards that we might get in through her door.

But you heard Prothero refused admittance? - I cannot say I heard that.

To Prothero. Did you touch the door, or push it open? - It was opened by Stephens and Ellis; it opened into the room; it opened with a little pushing, I believe.

To Stephens. Can you recollect who pushed the door open? - I cannot.

Cross Examination of Stephens.

Did you remember tables and things being put against the door?

Court to Stephens. Did the door fall open, or was it pushed open by any one? - I cannot say; I heard a rustling of something as it might be a chair or so, but I cannot tell, nor do not remember seeing any thing when the door was open.

Mr. JAMES MAHON sworn.

I am a surgeon.

I believe you was called upon to attend the deceased? - I was.

When did you see him first? - A little before five in the afternoon of the 31st of July; he died on the 1st of August.

Upon inspecting him where did you find the wound to have been given? - The wound was about three inches and an half below the arm-pit.

Was that wound the occasion of his death? - Certainly; there is no doubt of it; he was attended by myself, and two very eminent surgeons.

PRISONER's DEFENCE.

The apartment was my own, and they broke into it. I was eating a beef-steak with a knife in my hand, and when they burst into the room the table was thrown upon me, and that threw me backwards.

(Mr. Baron Hotham , after summing up the evidence to the jury, delivered himself to the following effect.)

Gentlemen,

Since I began to sum up, an observation that has struck my brother Gould has made it unnecessary for me to state to you what my sentiments are upon the law of this question; it is sufficient for me now to say, that there is a doubt entertained in the court upon this question, whether under all the circumstances of the case it amounts to murder or no; and as the opinion of the judges will be taken hereafter upon this question, the proper course will be, if you too have your doubts that you should find a special verdict; that is find all the circumstances of the case, and leave the conclusion to the court. The minutes therefore of the special verdict are now drawing up by the counsel on each side, and will afterwards be read to you for your approbation.

(It being then suggested by the counsel for the prisoner, that the jury might perhaps think it amounted only to manslaughter, Mr. Baron Hotham proceeded thus.)

Gentlemen,

The counsel for the prisoner has just now very properly suggested to us that he thinks the jury ought to exercise their discretion upon the matter, if they think fit to take it upon themselves to say whether it is murder or manslaughter, because if you should be of opinion, upon what I shall state to you, and what I hope my brothers will, that it is only manslaughter, then there is no occasion to debate the matter more solemnly, and it is sit that the prisoner should have that chance. But if you should be of opinion that it is too much to take upon yourselves, you may be relieved from it by finding a special verdict. It is my duty, therefore, to tell you, which I shall do in a very few words, what I conceive this crime to be, and I should be exceedingly happy if I could in my conscience look upon it as amounting only to manslaughter, but am sorry to say that I cannot, as I see her act in a very different light from that in which I should have considered the act of the man himself. If Farmello, when the constables entered the room as they did with an insufficient warrant, or perhaps with a sufficient one, but not disclosing the business upon which they came, if he had immediately, in his own defence, rather than suffer himself to be impressed, done the deed that unfortunately ended in the man's death, I should have thought that would have amounted only to manslaughter; but I consider this woman in the light of an absolute stranger, a mere stander-by, a woman who had no right to be concerned in any degree whatever for him; she was not his wife, if she had been so it might have been a very different consideration; but standing in the light she does, notwithstanding her cohabitation with him, she is in the eye of the law a mere stranger to him to all intents and purposes; that stranger, (when the officers came in, whether they had a warrant or no, whether it was legal or no) before he made any resistance, when he only asked why am I to go? at that instant she stabbed the deceased; she took no method whatever to prevent his arrest; she did not argue with them; she did not struggle with them; she did not supplicate them; she said not a word, but in the instant before any answer could come out of any of their mouths, she stabbed the deceased. I fairly confess that I think this can amount in point of law to nothing less than murder. I know there have been cases where this doctrine has been considered heretofore, and there have been some doubts entertained upon the subject how far a mere stranger, a stander-by, is at liberty to interpose; when that interposition is justifiable, or when it is officious. In one of those cases, where a person was taken up by a constable who was out of his jurisdiction, and had not therefore a proper authority, a person interposing occasioned the death of another, and the majority of the judges held that a justifiable interposition, but without giving any opinion upon that determination at present, there were very different circumstances attending that case, because in that there was a general scuffle; a struggle and conflict between the parties; the blood might be supposed to be heated on both sides; that blow was not given in the cool manner in which. this murder was perpetrated, in the instant before any blood could be heated, or any sort of provocation given beyond that which you have heard. I am therefore clearly of opinion that this does, upon the whole of the case, amount to murder. I wished to have avoided giving you my opinion upon the point; however I have done it as it strikes me, but I hope my brothers will give you their sense of the matter, that you may have the assistance of much fuller and abler directions.

Mr. JUSTICE GOULD.

I am very far from differing in opinion with my brother Hotham; but I think in every case where the life of a fellow-subject is at stake, it becomes the judges, if they see any difficulty in the way, to proceed with the utmost-caution; to remember that maxim of the law, that no delay is too long

where the life of a man is at stake. The reason of my suggesting what I have done to my brothers was the recollection of a principle that is laid down in two authorities, one of them was alluded to in a most candid manner by the counsel for the prosecution, Hugget's case, which was in the time of L. C. J. Hale; the other was in the time of Queen Anne. The case of the queen and Tooley, both of which cases, as I recollect, were upon special verdicts, and the principle that is laid down in each of them, and which makes me wish to have this case, undergo a future consideration is, that where an attempt against law is made, with force and violence, to deprive an Englishman of his liberty, it is a provocation to every fellow-subject in the kingdom, because every man is called upon to preserve the constitutional liberty of his fellow-subject, when he is attempted illegally to be deprived of it. Now, in this case, there can be no question upon the fact upon Prothero's evidence, but that he and Barnet, the deceased, did attempt illegally to deprive Farmello of his liberty, and most emphatically I may apply it to Barnet the unfortunate deceased, because when Farmello asked

"what for?" by no means implying that he was willing to go, Barnet says,

"come, come, you must go;" that in plain English necessarily implies I will force you to go. Now a material observation has been made by my brother, that there was no resistance offered by Farmello, in truth, his person was not touched, there was no affray began, but the prisoner seeing that Farmello would be taken away in an illegal manner, she, in this rash way, occasions death. The doubt which I have, is, upon the principle which is laid down in these two authorities, which I do wish to have a further consideration of, at the same time desiring it to be understood, that I do not, in my present sentiments, at all differ from the idea and opinion delivered by my learned brother.

Mr. JUSTICE ASHHURST.

There is no doubt, but that in a case of this kind, where a person is indicted for murder, the jury have a right, if they think fit, to give a general verdict; in doing of which they necessarily must take upon themselves the determination of the law upon the subject. If the case appears to them to be doubtful, they may rather choose to relieve their own minds from the difficulty of deciding upon the law, and giving a general verdict ( either murder or manslaughter) and may find the facts specially, in order that the question of law may ultimately be determined (upon argument) by the judges. It was the desire of the prisoner's counsel, that this option might be given to the jury, whether they choose to take upon themselves the decision of the law, and to give a general verdict, or whether they choose to have the facts found specially. You have not signified your inclination whether you choose to exercise that option or not. But supposing you should be inclined to exercise it, in that case it is fit and proper that we should inform you what are our opinions as to the law arising from the facts before you. Now I own, as to that I do not myself at present entertain much doubt with respect to those two cases that have been alluded to of Huggets and Tooley. I own, if the same facts had now been before me (sitting here) that are mentioned in those cases, I do not know that I should perfectly have coincided with the opinion which the majority of the judges gave in those cases, or at least not with the reasons upon which their opinions were founded; but however allowing these cases their full weight, I think in the present case there are circumstances appearing, that makes this case distinguishable from either of those two cases. With regard to the case of the King and Toddy, the facts there seem not to be reported quite so fully as they might have been, but as it is reported it appears, that the constable having taken a woman to the watch-house (and as far as appears, illegally; he having acted out of his jurisdiction) some soldiers afterwards, feeling a compassion for the case of the woman, came to the watch-house, and attempted a rescue; now from that circumstance, their having actually attempted a rescue, it is plain there was some act done by them, and some affray probably

happened before the time the mortal wound was given; and if, in the prosecuting that act, and meeting with opposition, their blood became warm, and they gave one of the parties, opposing them, a mortal wound; that might be deemed manslaughter; not upon the ground

"that it is a sufficient provocation, where any of the king's subjects sees the liberty of another subject invaded, immediately to give a mortal blow to the person so invading it;" but upon this ground, that having lawfully interposed, in order to prevent the invasion of his liberty, and, meeting with opposition, his blood might be heated by the contest, and the wound being given in that heat of blood, it shall extenuate the case to manslaughter; so far I go with that determination, taking it upon that ground; but in this case there is no such circumstance appearing; all that appears in this case is, that these constables, endeavouring to restrain Farmello of his liberty (and that illegally, he not being a proper object of the impress laws) the prisoner standing by (without any previous attempt to rescue, without any scuffle between her and the constables, which might have warmed her blood, the man himself standing quietly, and not making any resistance) draws out a knife, and stabs the deceased in a vital part. I own it does not appear to me that that can be considered in any other light than as murder. These are my sentiments upon the subject, which I thought it my duty to give you, that if you do choose to exercise that right you have of finding a general verdict, and to say it is either murder or manslaughter, you may have the best assistance we can give you respecting the law of the case, but if you choose to relieve your minds from that difficulty you may find the facts specially, and refer it to the decision of the judges.

COPY OF THE SPECIAL VERDICT.

As signed by the Jury.

THE jurors find that the deceased went, in company with one David Prothero , who was a constable of the parish of St. Martin in the Fields, to the house of one Ward, in Castle-street, in that parish, in whose house the prisoner cohabited with a man of the name of Farmello; that Prothero went to the house of Ward, accompanied by Barnet, for the purpose of apprehending Farmello as an idle and disorderly person, under the statute of the 19th, George III . chap. 10. that Prothero had a general search warrant for that purpose; that upon Prothero's coming to the house of Ward, he, together with Barnet and others, went up stairs to the lodging room of Farmello, in which Farmello and the prisoner were at that time; that Prothe ro did not know Farmello; that Prothero knocked at the door, and demanded to be admitted; that a male voice called out from within who is there? that Prothero answered it is me; upon which a maid-servant belonging to the house said, there was another door by which they may enter, the bolt of which was on the inside of a room not belonging to Farmello's lodging; that this door was unbolted and opened by two men of the name of Ellis and Stephens; that Prothero and Barnet then entered Farmello's room; that Prothero said to Farmello you must come along with us; Farmello said for what? that Barnet said, Come, come, you must go; that before Prothero could answer Farmello, the prisoner stepped past Prothero, and struck Barnet under the left arm with a knife she then had in her hand, saying by God he shall not go; that the knife was left sticking in the side of Barnet, who turned round, saying he was a dead man; that Barnet died of that wound about four o'clock of the next day; that Farmello was not an object of the said act of parliament.

If the Court should, upon the whole of the premisses, be of opinion that the prisoner is guilty of Murder, we find her so guilty; if the Court should be of opinion that the prisoner is guilty of manslaughter only, then we find her guilty of Manslaughter .

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

Reference Number: t17790915-75

466. 467. MARY MAGDALEN and FRANCES WELLOCK were indicted for stealing three printed books, value 6 s. a silver table-spoon, value 10 s. a silver tea-spoon, value 2 s. a pair of silver shoe-buckles, value 20 s. a silver pepper-castor, value 10 s. two linen-shirts, value 10 s. three linen neck-cloths, value 3 s. 2 cotton and linen head-cloth, value 8 s. and a linen pillow-case, value 6 d. the property of John Ingle , March 11th .

JOHN INGLE sworn.

The prisoner was my servant . On the 29th of August I missed a pair of silver shoe-buckles; afterwards I missed another pair of buckles that were my wife's, and a tea-spoon. I charged the prisoner with taking them, and told her if she would confess generously I would forgive her. She told me where these things, and a great many more, were pawned. I went and paid about 2 l. 4 s. for them, and I came home and sent the prisoner about her business. On the Tuesday following I went to a woman's that used to come after the prisoner. I found the prisoner there. I told her I missed several things more, and begged her to tell me where the things were. She then told me of the three books. Then the woman and she began abusing me, and said they would punish me for what I had done.

Where did she say the books were? - At the same pawnbrokers. They shut the door upon me. I was aggravated by the usage I met with, and went and got an officer, and took the prisoner up. Mr. Townsend is the pawnbroker where the things were pawned.

NOT GUILTY .

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

Reference Number: t17790915-76

468. MARY TYFIELD was indicted for stealing 38 yards of linen-cloth, value 6 l. seven linen shifts, value 20 s. a linen gown, value 10 s. a scarlet cloth cloak, value 10 s. two cheque linen aprons, value 1 s. the property of Robert Gardner , in the dwelling-house of Rebecca Bunning , July 10th .

ELEANOR GARDNER sworn.

I am the wife of Robert Gardner . I live in the house of Rebecca Bunning . Upon the 10th of July I lost the things mentioned in the indictment (repeating them) out of my apartment.

What is the value of all the things? - I cannot tell.

Thirty or forty shillings? - Rather under that than over; they were stole in different parcels. She pawned a shirt at one Brooks's in the Strand; another shirt and a gown were pawned at one Anderson's, in Ryder's-court.

JOSEPH CLARKE sworn.

I live with Mr. Anderson a pawnbroker. On the 10th of July in the evening I took in this gown (producing it) of the prisoner. (It was deposed to by the prosecutrix.)

SUSANNAH CLARKE sworn.

On the 10th of July I met a woman on the stairs in the house where Mrs. Gardner lives with an apron full of things. I cannot swear positively that the prisoner is the woman; I did not see what the things were.

PRISONER's DEFENCE.

I picked up a paper with a shirt and gown in it as I was coming through the Temple on the 10th of July, that was on Saturday night; I kept them till Tuesday to see if they were advertised.

NOT GUILTY .

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

Reference Number: t17790915-77

469. WILLIAM CARTER was indicted for stealing four red and white cotton bed curtains, value 40 s. two red and white cheque bed curtains, value 20 s. two green harrateen window curtain, value 20 s. a red and white cheque window curtain, value 5 s. a white cotton counterpane, value 30 s. three blankets, value 6 s. three bed pillows, value 6 s. a bolster, value 5 s. three brass candlesticks, value 3 s. a copper pottage pot, value 4 s. four copper saucepans, value 12 s. a brass sender, value 5 s. a copper tea-kettle,

value 2 s. an iron fire-shovel, value 1 s. a pair of iron tongs, value 1 s. six brass looking-glass sconces, value 3 s. three pound weight of brass, value 18 d. two china bowls, value 10 s. a glass decanter, value 2 s. nine drinking glasses, value 4 s. twelve painted earthen ware plates, value 4 s. a china dish, value 1 s. two earthen-ware dishes, value 1 s. a china bason, value 6 d. eight china plates, value 8 s. ten china cups, value 5 s. six china saucers, value 3 s. a silver table-spoon, value 5 s. a silver salt, value 4 s. a china tea-pot, value 1 s. a pewter plate, value 18 d. a pewter quart pot, value 14 d. and a mahogany tea-board, value 2 s. the property of Josiah Champion , the said goods being in a lodging room, let by contract by the said Josiah to the said William, against the statute , May 31st .

JOSHUA CHAMPION sworn.

I live in Goswell-street, near Aldersgate Bars . I let a ready furnished lodging to the prisoner. I missed the things mentioned in the indictment about two months ago; he had been in my lodging three years.

JOSEPH SEDLER sworn.

I am a pawnbroker. The prisoner pledged a counterpane with me, and some curtains were brought either by himself or his brother I am sure; I think the curtains were brought by the prisoner.

GEORGE WALTON sworn.

The prisoner's father brought a salt and a number of other things to pawn with me they were all brought by the father.

NOT GUILTY .

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

Reference Number: t17790915-78

470. ELISABETH GWATKIN was indicted upon the coroner's inquisition for the wilful murder of her female bastard child , July 23d .

MARY ROBINSON sworn.

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

Do you know any thing of this charge against her of having murdered her bastard child? - No more than that in the morning of the 23 d of July I saw her at about eleven o'clock, she did not appear to me to be any way different to what she used to be.

Was that before or after her being brought to bed? - She did not appear to be different to what she used to be.

Did you think her to be with child? - I had known that she was with child about a fortnight.

What did you think of her the day before, did you think her to be with child? - I did.

What do you know of her being brought to bed of a child? - About three o'clock in the afternoon two of my children went to the vault; they came back and said they heard a noise of a child crying. Miss Gwatkin lodged with me. I went with the children and listened, but heard nothing; soon after other people in the house heard it afresh a second time, and then I heard it cry.

At what time was that? - Two minutes after the first time, the house was alarmed upon it. I called down one Edward Dowson , a lodger, he attempted to take it out, but before he had accomplished it Mr. Ellis, who is now here, came to his assistance, and they took it out.

What is Mr. Ellis? - A jeweller, I believe, he lives at the next door.

What condition was the child in when it was taken out? - I cannot say, I was so frightened that I fainted away, when I came to myself I saw it upon the carpet, and the ladies were cleaning it.

When it was cleansed how did it appear? - I cannot say much of that for I went to take care of her, and did not attend the child.

Did the child cry or move? - Yes, it cried. After the child was found the ladies were very desirous to know the mother. Then I taxed Miss Gwatkin with it, upon which she said, if I would walk into the parlour she would tell me. She said it was an accident, and that she had no thoughts of a murder.

How did she account for it? - She said she had occasion to go to the vault; that she was delivered on the vault, and the child dropped into it.

At what time did the prisoner tell you she had been delivered of the child? - She did not tell me any time, nor did I ask her. I was in the yard from eleven o'clock till two hanging out some clothes and taking them in; I imagine I should have heard the child if it had then been in the vault, as I was close by the vault for the whole morning, and the yard is very small; it is not more than two yards square. At three o'clock in the morning I took the child out of the bed, it ate two spoonfuls of gruel, and it opened its eyes and appeared to me as well as any new born infant I ever had of my own; in half an hour after that it fell into a convulsion fit and died upon the nurse's knee.

ELISABEEH TRACEY sworn.

I am servant to Mrs. Robinson. I saw Miss Gwatkin at eight o'clock in the morning, when I went to open the door for a lady who is a lodger; she asked me to fetch her twopenny-worth of brandy; she said it was for Miss Baldwin's tooth-ach.

Who is Miss Baldwin? - She is here; she lived in the house. Miss Baldwin came down in the morning, and said she had had a bad night with the tooth-ach. At eleven o'clock I saw Miss Gwatkin sitting at work as well as usual; the door was open as I passed by. I was down in the kitchen at about three o'clock when Miss Robinson came down into the kitchen, and said she heard a noise like a child or kitten in the vault. My mistress took a candle and looked down the necessary; upon this Mr. Dowson attempted to take up the board but could not. Mr. Ellis came down and took up two boards; he said there was a child; I returned into the kitchen and heard no more for two hours after. Between three and four in the morning the nurse called me up and said the child was in a fit. The child died in a fit.

Did you see the child after it was taken out of the vault before it was in a fit? - I did.

Where did you see it? - In a person's lap who was dressing it.

How did it seem then? - Very well.

What time was that? - That was between four and five o'clock.

Do you know any thing of the prisoner's having told any body of her having been delivered of a child? - No.

Do you know any thing more of this matter? - No further than that Miss Gwatkin took the candle once and looked down the vault; she said it could be nothing but a kitton. It must have rolled down under the boards.

Did you suspect it to be a child then? - No, I thought it to be a kitten then.

When was this? - At the time of the alarm, before the boards were taken up.

JOHN ELLIS sworn.

At about two o'clock I believe, or it might be half after, I took up the boards of the necessary house, and found the child there.

Could you form any conjecture how long it had been there? - No.

When it was cleaned in what condition of health was it? - It cried. As soon as I had taken it out I delivered it to Mrs. Bailey, and went for a midwife to the mother. I brought Mr. Jackson, an apothecary in Newgate-street; he has a partner that is a man-midwife; he was not in the way; we begged Mr. Jackson to come and attend the woman.

Was the child in good health or bad? - It appeared in pretty good health; Mr. Jackson thought it might live; so did I.

In good health was it? - Pretty good health; not so hearty as it might have been if it had not been down there. I thought it was likely. to live.

Did you see the child afterwards? - Yes; I saw it again in the evening about seven o'clock.

How was it then? - Revived very much to what it was before; it cried, and they talked that it had ate; I did not see it eat, but it was more lively. The next day I heard of its death. I live at the next house; I was not present when it died.

Mr. JACKSON sworn.

On the 23d of July last Mr. Ellis came for my partner; he not being in the way, I attended him to the house to see the infant.

In what condition did you send it? - I found it washed, and the umbilical chord (the navel string) had not been secured; I therefore immediately secured that, and desired them to rub the stomach of the child with a little warm brandy; I thought the child might recover.

You found it rather sick? - Rather sick and faint.

At what time was you called? - About four in the afternoon. I waited about a quarter of an hour with the child, I found it so much better, that I desired them to use the brandy, and to rub it with flannel, as I thought there was a great probability of the child's recovering.

When did you see the child again? - About eight in the evening; it was then better in every respect; I then took with me Mr. Wade, my partner, we found the child better, and were both of opinion the child would recover.

Did you think it had recovered, or had any remains of the languor occasioned by the exposition? - Very little of the languor; it recovered in every respect; we directed the child to be put up in the warm bed with the mother; and Mr. Wade upon coming down said that the prisoner was much pleased at seeing the child so much recovered, she said every thing should be done that could to save it, and every thing she could do for restoring it.

Did you continue to attend the child? - I did not see it any more; I called in the morning and found the child dead. They told me it died about four in the morning of a convulsive sit in the nurse's lap.

Do you conceive that convulsive fit to be in any degree occasioned by the situation in which the child originally was? - It is almost impossible to answer that. There are many infants that die of convulsions that appear very likely to live; and it is very clear that the child was not much hurt by the stench of the place as it lived near thirteen hours afterwards. I cannot say positively to that question.

Do you incline to think that was not the cause of its death? - I cannot say.

You say the child was almost well? - It was abundantly better in the evening in every respect, and I had hopes of its recovery.

Were your hopes of its recovery very strong in the evening about seven o'clock? - Yes, both myself and partner were of the same opinion.

Then you thought it would recover? - I had scarce a doubt of its recovery, nor had my partner.

When you say you had scarce any doubt that the child would recover, you seem to acknowledge that their was a little remains of the languor still upon it? - There was, but it was trifling.

You practise midwifery? - Yes.

Do you think this child was come to its full time? - I think it was.

Have not you known some instances in the course of your practice, where women have been suddenly taken in labour? - My partner practises midwifery.

But from that sort of intercourse you have with your partner do not you think it possible that women in certain situations might be delivered at a time not expected? - There are many instances of that.

Had this child any mark of violence on it at the time you saw it? - I forgot to mention that I carefully examined when I first saw the child, and there was not the least mark of violence upon it. I was not satisfied with my own examination, but likewise desired Mr. Wade to examine, and neither of us could find the least mark of any violence upon it.

When did the mother express her satisfaction that the child was so well? - When it was carried up between seven and eight in the evening.

Whether you think it possible that a woman, being at a necessary, upon a needful occasion, may be taken in labour, and for the child to drop from her into the necessary without her putting it there? - I have made enquiry respecting that; I have never known an instance of it; I have frequently heard of its being so, and I was informed of a lady, whose name it may not be necessary to mention here, that had her child drop into the necessary. I think it very probable.

ELISABETH BAILEY sworn.

On Friday the 23rd of July Mr. Ellis came to me between the hours of one and three, and asked me to lend him a hammer, a hatchet and a chissel; I lent them to him; in five minutes after that another gentleman came and said there was a child in the vault. I went immediately to Mr. Robinson's, which was next door to my house, when I came there Mr. Ellis had got up one board; then I saw the child's feet; he took up the other board and took out the child, and put it into a lodger's apron; I put that apron into my apron and carried it into the fore parlour; the child cried twice before we took it out of the vault; but I do not remember its crying afterwards till we got it into the parlour; it was then very faint and low; I rubbed it with things, and did all I could to bring it to itself; I asked for something to wash the child with; I desired Mr. Ellis to go to my house and bring some warm water which was on the fire, and some Holland's Geneva, which he did. I was in a fright. Mr. Bailey said to Mrs. Robinson, who have you had in your house to day? she said no stranger; then one of the gentlemen said the mother of the child must be in the room. I wrapped the child up, and laid it on the floor, and said to the prisoner, I beg your pardon, ma'am, but you are the mother of the child, she said, O no, I am not; I said do not deny it, you are; she said for God's sake have mercy! we went into the room together; I said if you are the mother of the child, for God's sake do not deny it, she said I am the mother of the child! I said stay here, I will fetch something for you; in my flurry instead of bringing things fit for the mother and child, I brought some old rough dried shirts of Mr. Bailey's.

When the prisoner confessed she was the mother of the child, did she tell you any thing about the manner of her delivery? - She said she was upon the vault and it fell from her.

Did she give any reason why she did not tell of it? - No.

Are you a married woman? - I am.

Can you give an opinion respecting it? - There is a difference in women.

Do you think there are any women to whom that accident might happen? - I do not think it possible.

You said there is a difference in women, but do not you think it possible with any woman? - I do not.

Cross Examination.

I do not understand that you have ever practised as a midwife? - No.

Therefore the ground of your observation must be very confined indeed? - I have been the mother of children.

As you have not practised as a midwife, nor are yourself a very old woman, the possibility of information to you must be but little? - I answer according to my judgement.

Court. You have only hitherto spoken of the state of the child when it was first taken out, and a quarter of an hour after, did you see the child in the after part of the evening? - I wrapped the child up in a petticoat and put it on the carpet, I found it very cold, after that I carried it down to the fire, and warmed it as well as I could; I never saw the child after that day till the coroner's inquest sat upon it.

In what condition was it when you saw it about five o'clock? - Very weak and low, but I think stronger than when I took it out, it had recovered in some measure.

When you saw it at five, you say it was a good deal better, but did you think it was quite recovered of the first sickness? - No.

Did you expect it would live at that time? - I cannot say, I did.

ANN MARCHANT sworn.

Did you see this child on the 23d of July? - I saw it dead, I did not see it alive. I was sent for to take care of the prisoner as a nurse.

Did you hear her give any account of this matter? - None at all.

Then you know nothing about the death of this child? - No.

SARAH BALDWIN sworn.

Did you live in Mrs. Robinson's house? - I did at that time.

What do you know of this child? - I know nothing of the child. Miss Gwatkin slept in the same apartment that my sister and I did, in a bed by herself.

Do you know any thing of her being delivered of this child? - Nothing at all.

Did you see the child when it was taken out of the necessary? - The first I saw of the child was when it was upon the carpet in Mrs. Robinson's parlour wrapped up in a coloured apron.

In what condition of health was it? - I do not know, I did not go near it.

Did you see the child afterwards? - After it was dressed I saw it in the nurse's lap, between five and six o'clock as near as I can recollect.

In what condition was it then? - It seemed as well as a new born infant could be I think.

You did not see it then about the time of its dying? - No; I was not near the child after five or six o'clock.

Did the prisoner give you any account how she was delivered? - She did not, she breakfasted with us in the morning as usual.

Did she never say at what hour she was delivered? - She did not

ELIZABETH BALDWIN sworn.

I know nothing of the affair, I know nothing of the murder.

Do you know any thing of the condition of the child? - No.

When did you see the child? - Between two and three o'clock upon Mrs. Robinson's carpet, it was then wrapped up in an apron.

How was the child as to its health and vigour? - It was wrapped up and I did not see it.

When did you see it? - When it was dressed, at about six o'clock, at the time my sister saw it.

How did it appear then? - Very well; as well as a new born infant generally does.

Did you hear Miss Gwatkin give any account of her delivery? - None at all.

Not after the thing was found out? - No.

Did you ask her no questions about it? - No, never.

Do you know any thing further of this matter? - No.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

Mr. JOHN DIMOND sworn.

You are I believe a man-midwife and surgeon? - I am.

You have been in court and heard the evidence in the course of the trial? - I have.

Then from your experience and knowledge in the profession, I beg you will state to the court whether it is not extremely probable and possible for women to be delivered in the manner you have heard described? - It is certainly possible, I have known several instances in the course of my practice where I have been very near at hand and have been called and when I have attended my patient, I have found a child born.

Court. Are you a man-midwife? - Yes.

How long have you practiced that profession? - Nine years.

Court. Have you ever known any instance that makes it possible for a woman not to be delivered suddenly by herself without assistance, but in such a manner that she being upon the necessary house the child might drop into the hole? are you of opinion that might happen? - I am clear it can happen.

Could not a woman who should find herself in that situation rise from the seat so as to prevent the child from dropping into the hole? - I cannot answer to that.

Court. If she had a mind to drop it there she might perhaps, the question is whether she could not prevent it? - To that I cannot answer.

Mr. RICHARD INGRAM sworn.

How long have you practised midwifery - About twenty-three years.

Have you, in the course of your practice, known any such sudden deliveries as that, if a woman had been at the necessary-house, she could not have moved from the place so as to have prevented dropping the child down the hole? - I have known women delivered at the camp-necessaries drop the children into the hole, not being able to help themselves; those children have been taken up, and though bruised they have lived, and the languor of this child might very easily be accounted for from the umbilical chord not being secured.

I believe you may know that very young children are often taken off, with convulsion fits exceeding suddenly? - The most healthy children often are.

Where you have had no expectation of it before? - Very suddenly.

Dr. DOMINICETI sworn.

I have delivered 2000 women of children. I have seen instances of women being at the little-house, going through other evacuations, and the child has followed.

In those cases could not the woman remove from the place? - It is impossible when it is so sudden. I never heard the name of the prisoner, nor anything about her, only being present in court I speak what I know.

Mr. DEPUTY AXFORD sworn.

You know, I believe, the young woman at the bar? - I do.

And her family and connexions? - I do.

What has been her reputation and character? - Respecting her family they are equal to any people in the country of Hereford; as to her character, when she came to London she has been at my house, and Mr. Alderman Sainsbury's, and some houses that I know who have connexions with her family, but on account of a little dispute between her family and her she thought proper to get into some business to earn her bread, in consequence of which she went to work for a linen-draper at the other end of the town; he came to me to enquire her character; I told him I would be answerable to any amount he might entrust her with, and if she had applied to me I should have entrusted her with any thing she might have wanted. I could not have conceived she could be capable of destroying a child of her own body.

To Anne Marchant . I believe you looked into the box of the prisoner? - I did.

Did you find any child bed linen there? - Yes, I did. I went to the box to look for something she wanted, and I found some child-bed linen there.

When you came to nurse her? - Yes.

Jury. Whether there were any marks of convulsion sits in the child after it was dead? - It looked very black and very much convulsed all over.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17790915-79

471. WILLIAM CHAMBERLAINE was indicted for feloniously secreting and embezzling, on the 18th of June , a letter containing a promissory note for the payment of 10 l. he, the said William Chamberlaine , being a person employed in sorting letters in the general post-office in London .

To which he pleaded GUILTY ( Death .)

Reference Number: o17790915-1

John Matthison alias Maxwell was executed at Tyburn on the 28th of July, and Michael Brannon , Martin Gullavan , Thomas Rickets , and James Barret , were executed at Tyburn on the 25th of August.

Reference Number: s17790915-1

The TRYALS being ended, the Court proceeded to give judgement, as follows:

Received Sentence of Death, nine.

Sarah Budge , James Lake, Thomas Kings , Jeremiah Hetherley , Margaret Creamer , Mary Jones, otherwise Wood, William Chamberlayne , Isabella Condon, and John Field .

Isabella Condon and John Field received sentence to be drawn upon a birdle to the place of execution, and Isabella Condon to be burnt alive.

The Sentence of John Pears was respited.

Navigation for 7 years, one.

Richard Mailling .

Navigation for 5 years and 179 days, one.

Benjamin Brown .

Navigation for 3 years, one.

John Crayton .

Navigation for 1 year, four.

William Bell , George Seymour Holford, Peter Verrier , Francis Pritchard .

Whipped and imprisoned 6 months, seven.

Sarah Steward , Ann Kingsland , Margaret Man , Ann Athey , Mary Richardson , Sarah Bridgwater , and Jane Bristow .

Whipped and Imprisoned 3 months, one.

Sarah Hawkins .

Whipped, six.

Ann Aswell, Ann Brown, Elizabeth Harris , Jacob Daniel , Margaret Morgan , and Susannah Bryant .

Fined 1 s. and imprisoned 1 year, two.

John Short , and Terence Sheen .

Fined 1 s. and imprisoned 6 months, three.

Charlotte Davenport , Matthew Kelly , and Jane Carr :

Fined 1 s. and imprisoned 3 months, two.

George Wells , and William Atkins .

Fined 1 s. one.

Joseph Roberts .

Reference Number: s17790915-1

John Matthison alias Maxwell was executed at Tyburn on the 28th of July, and Michael Brannon , Martin Gullavan , Thomas Rickets , and James Barret , were executed at Tyburn on the 25th of August.

Reference Number: a17790915-1

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: a17790915-2

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.

Reference Number: a17790915-3

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.

Erratum. In page 469, in the second Line of the Trial of Richard Mailling , instead of stealing read receiving, knowing to be stolen.


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