Old Bailey Proceedings, 20th October 1779.
Reference Number: 17791020
Reference Number: f17791020-1

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 20th of October, 1779, and the following Days;

Being the EIGHTH 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 VIII. 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 EDWARD WILLES , one of the Justices of his Majesty's Court of King's-Bench; The Honourable Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant ADAIR; 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.

William Miller ,

John Castor ,

James Prindle , *

* James Clark served part of the times in the stead of James Prindle .

Richard Salmon ,

James Tinmarsh ,

John Price ,

John Whitaker ,

John Francis ,

Thomas Lane ,

George Burton ,

Richard Dutton ,

William Lynn .

First Middlesex Jury.

John French ,

Craig Hancook ,

Thomas Low ,

Thomas Hill ,

Edward Palmer ,

John Lyne ,

William Sanderson ,

Alexander Jobson ,

William Starzacre ,

Thomas Francis ,

George Askew ,

Richard Parker .

Second Middlesex Jury.

Joseph Watridge ,

John Foothead ,

Archibald Millan ,

Thomas Jones ,

Robert Sinclair ,

Edward Daniel ,

Jacob Bure ,

John Wilburton ,

Samuel Prosser ,

Robert Green ,

John Griffith ,

George Mutter . *

* Thomas Sutton served part of the time in the stead of George Mutter .

Reference Number: t17791020-1

472,473. TAMSEN BURRINGTON and JAMES KING were indicted, the first for stealing a silver watch, value 3 l. the property of John Smalley , and the other for receiving the said watch, well knowing it to have been stolen , October 7th .

JOHN SMALLEY sworn.

As I was going home, between eleven and twelve at night, on Thursday the 7th of this month, coming down Chick-lane , I saw five or six women before me; the prisoner Burrington was one of them; she stopped me, and asked me to go and drink with them; she said they were going to be merry down that court. I told her I could not, I was going home. She attempted to lay hold of me, and took hold of my breeches, and wanted to unbutton them. I prevented

her. She then attempted to catch hold of the chain of my watch. I prevented her. I took my watch out of my fob myself, and put it into my right-hand coat-pocket, under my handkerchief, to prevent her from taking it. She clasped me round; and insisted upon my going down the court to drink. I gave her a push, upon which she bid me a good night, and went down the court. I immediately put my hand in my pocket and missed my watch. I ran after her as fast as I could, She ran into a house. I overtook her on the landing-place up one pair of stairs, before she got into the room; we were in the dark. I got her down, and attempted to search her for my watch. The prisoner, King, opened the door; he had a light; he saw me upon her, and knocked me down, and hauled the woman into the room; there were five or six others in the room. I went in with her, shut the door, and set my back against it, and said they should not go out till they gave me my watch. The two prisoners got hold of my neckcloth, one on one end, and the other on the other, and pulled me down, and almost choaked me. She let go the neckcloth, and he pulled it off. King threatened to kill me if I did not go out of the room; he threatened me several times, and so did the women who were in the room: When my neckcloth was clear I got up to the door, and he stripped to fight me. When I had my clothes off they tore my shirt all to pieces; they beat me, and the women bit my arms, and hurt me very much. I offered them a guinea to return me my watch. When I offered them the guinea, one of the women said she knew me, and asked me if I did not live at such a place. I said I did. She then said she knew that King had the watch, and had put it in the coffin, under the dead woman's head; there was a corpse lay in the room. They knocked her down when she told me.

What did King say to that? - He was knocking me about at the time, and trying to get the door open to get out himself, or push me down stairs.

Do you know who the woman was that said King had the watch? - She was before the justice, and said there that King had the watch, but she was in liquor, and was not punctual to any thing she said.

How did you got away? - Some women heard me cry out, and went and called the watchmen. When the woman said the watch was in the coffin, one of the other women struck her, and said what business had she with that, and they ran a candle in her face, and burnt her nose. I went to the coffin, and felt on both sides, but could not find the watch, and I never have found it: upon that two of the women went out. When the watchmen came, the prisoner, Burrington, went down on her knees and desired King to give me the watch back again, and said that he took it from her when I had her down at the door. King said he never saw the watch. The watchman searched King, and searched the coffin, but the watch was not found, it cost me three guineas.

Was Burrington searched? - No; nor none of the other women. I gave charge of the woman, and she gave charge of the man.

Burrington. He knows well enough I had not the property.

Smalley. I believe she had not. I believe she would willingly have given it me, but she could not get it from him again.

JOHN SEALE sworn.

I am a watchman. I was fetched to assist the prosecutor. I went up stairs; the door was kept close at first; I could not get it open. I shoved against it, and at last got it open, and went in. I saw in the room five or six women; the prisoner Burrington, who he said had robbed him of his watch, was one of them.

Who was in the room besides the women? - King and Smalley; he gave me charge of the woman for stealing this, watch; she made answer that King had got it; that he took it from her upon the stairs. Burrington gave me charge of him. I searched him all over, but could not find it. I searched the coffin.

Did King say any thing? - He said he never had it, nor never saw it. I did not find it.

Did you search the women? - No; I took them to the watch house, and delivered them to the constable of the night. I have known King for five years; I never knew him to be guilty of any such thing.

BURRINGTON's DEFENCE.

I had been at the Magpye, on Holborn-bridge, the prisoner and several others with me; they asked me to go to a wake with them. I said I would with all my heart. I came out and met the prosecutor; he clapped me on the shoulder, and asked me if I would go along with him. I said I had rather not, I was engaged. He insisted upon my going with him, and with great persuasion I did. I asked him for a compliment; he said he had no money. I said I did not choose to oblige him without a compliment; upon that I came out of the court again. He called me back again, and said he had no money, but he would leave me the watch till he got change. After I had obliged him he wanted the watch again. I would not give it him without a compliment; he pulled me down, and charged a watchman with me for stealing his watch.

(King did not say any thing in his defence.)

For King.

SAMUEL MILLAN sworn.

I have known King thirteen years, he is a ticket-porter . I have entrusted him with a great quantity of goods and money at different times. He has behaved very honest.

ELIZABETH EMERY sworn.

My husband is a fruiterer; the prisoner has worked for my husband, and always behaved honestly; he lodged in my house between three and four years; they give security for their honesty.

EZEKIEL ROBOTTOM sworn.

I am a leather-dresser. I keep a house in Fleet-market. I have entrusted the prisoner, King, several times to deliver goods at the inns; he always behaved honestly: and with bills to get money; he always brought the money honestly. His general character is that of an honest man.

BURRINGTON, GUILTY .

KING, NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17791020-2

474. SARAH DARBY was indicted for stealing two large table-spoons, value 16 s. and two silver tea-spoons, value 4 s. the property of Hugh Watts , Esq . Oct. 2 d .

JOHN BRADFORD sworn.

I am footman to Mr. Watts; the prisoner was house-maid .

Where does Mr. Watts live? - At Lovell-farm near Windsor .

How long have you lived there? - Upwards of six months; she lived there, I believe, about two months, or not quite so long. Two large table-spoons, and two tea-spoons, were missed. The prisoner went to town the first of October. On the Sunday was a week, before that I missed the spoons, she continued in the family till the first of October. She went out, under pretence of going to Lord Milton's, and she went quite away.

Was her wages paid? - No.

Did she carry her clothes with her? - No; my master came on the Monday, and said she was taken up by a pawnbroker in town, and was in custody. I saw the spoons afterwards at the Rotation-office. I can swear they are my master's property.

JOHN CORDY sworn.

I am a pawnbroker in Berwick-street, Soho. A washerwoman first came to my house with these spoons, as I am informed. My young man desired that the person who owned the spoons should come herself. The prisoner then came with these spoons herself, and said they were a Mrs. Watson's; she said her mistress was that morning going out of town in a post chaise; that she had no money; that she gave her these four spoons to pawn or sell; that when she got the money she was to follow her mistress into the country in the ten o'clock stage.

What time in the morning might this be? - About nine o'clock, on Saturday the second of October. I told her I did not believe the story to be true; that I would send to the house where she said this Mrs. Watson was a lodger, to enquire the truth of it; but that I must detain her and the spoons till I had an answer; she was very eager to go along with the person that should be sent, but I told her no, she must stay; she then said they did not come from that person; she

said then that she lived at Weyhill, and that she took them there, being in distress and want of money.

To Bradford. Is that the place Mr. Watts lives at? - No.

Cordy. I took her immediately to the Rotation-office; in searching her pocket I found a letter directed to her at Mr. Watts's; then she confessed she took them from Mr. Watts's.

To Bradford. She went from your master's house, you said, on the first of October? - Yes, in the morning.

How far is that from town? - Twenty-four miles; I went to Egham with a lady who was at our house; I met the prisoner walking across the forest.

CHARLES GRUBB sworn.

Mr. Cordy brought the prisoner, and the spoons, to the Rotation-office; what things I had of the prisoner belonging to Mr. Watts I have delivered to Mr. Watts. I know nothing more of the matter. When Mr. Watts was in town he promised to send a letter to your lordship to recommend her (he is gone lower down into the country) as he said she behaved well in his service. There is another gentleman that she lived with a year and a half, who is gone out of town.

To Cordy. Are these the spoons the prisoner brought to you to pawn? - Yes.

Did you show these spoons to the first witness at the Rotation-office? - Yes; I have had them in my custody ever since.

To Bradford. What became of her clothes? - She has had them restored to her.

Grxbb. Mr. Watts paid her eighteen shillings wages, at the office; and ordered me to allow her something a week, as she came of very good parents.

PRISONER's DEFENCE.

I was very much in distress; I therefore pledged them, and thought before my master came to town I would take them out, and replace them again.

GUILTY . B .

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

Reference Number: t17791020-3

475. BRIDGET MURPHY was indicted for stealing a silver watch, value 30 s. the property of John Buchanan , privily and secretly from the person of the said John , October 1st .

JOHN BUCHANAN sworn.

I am a gentleman's servant out of place. I lost my watch on the first of October. I went into St. Thomas's hospital to endeavour to get admitted there, having a lame leg. I left St. Thomas's hospital about four o'clock. I went drinking at several houses along with an acquaintance. I was coming home towards my lodging at the Seven Dials, at about twelve o'clock, and between the top of Drury-lane and St. Giles's, I saw the prisoner in the street; she took me into a publick-house, where we drank one or two pints of beer.

Was you in liquor? - Only a little; my leg was very painful. I asked where I could have a private lodging; the prisoner said she knew a Mrs. Jones, who kept a private lodging-house for any body that came; she went and knocked at the door; the woman opened the door; I asked her for a bed, and said I would pay for it. I sat down upon the bed; the prisoner sat by me. I did not desire her to go out, or stay and lie with me, nor any thing, but I fell fast asleep presently, and then she robbed me.

Did you go into the same bed with her? - I sat down first upon the bed. I only took off my great coat and my shoes; I laid me down upon the bed, and was asleep in two minutes I believe.

How came you not to go on to your own lodging? - My leg was very painful, and the people I lodged with I did not like to knock up at that time of night.

That is, you did not like to take this woman along with you? - No; I had no design of that.

How long did you sleep? - About an hour and an half, or quarter. The mistress of the house came up, called me up, and said the woman was gone out, and asked me if I missed any thing. I said no. The prisoner was then gone. I then got up, and missed my pocket-book and watch, my buckles, and a knife. Mrs. Jones, the

mistress of the house, when she called me to get up, was searching my pockets, and throwing my coat upon the bed, but whether she had the knife or not I cannot say, but the prisoner had the buckles.

Another witness sworn.

The prisoner showed me a pocket-book and a watch, at the top of the King's-road, Gray's-inn lane, on the first of October, at about seven in the morning.

Are you an acquaintance of her's? - No.

How came she to show them to you? -

She thought she knew me; she pulled the pocket book out of her pocket; I said, what is in it? she said, she had got to the value of 20 s. I said, take care of it; she turned round again and pulled out a watch and showed it me. I applied to some gentlemen at a publick-house, and told them she had got a watch and pocket-book; they desired I would stop her, which I did; there was a letter in the pocket-book, that was the way I found the prosecutor out. A constable was sent for, who took the prisoner into custody. Some gentlemen who were in the publick-house went after her, and she came into the publick-house. The gentlemen asked her for the pocket-book, and she delivered it directly if my presence, and the watch too. I went after the person, whose name was upon the letter, which was the prosecutor.

- JEFFERIES sworn.

I am a constable. This watch and pocket-book were brought to me by two men, who had taken the prisoner into custody; one of the men's names is Davis, the other Hastings. A young man who stopped her said it was taken from a woman they had in custody at the Queen's-head, the corner of James's-street, Bedford-row, I went there, and found the prisoner in custody. I asked her how she came by this watch and pocket-book; she said she found them. I asked her where; she said in a street going into Holborn. I had these plated buckles out of the prisoner's shoes.

(The buckles, watch, and pocket-book, were produced in Court, and deposed to by the prosecutor.)

PRISONER's DEFENCE.

Coming along I met that gentleman's servant much in liquor, he asked me to drink, I refused it: he insisted upon my going with him to a publick-house: he asked me where I lived, I told him; he said he would go home with me if it was agreeable; I said no, you are much in liquor, go home to your lodgings; he said he was not able to walk; he went to the lodging and paid sixpence for it; there were four beds in the room; he said, I am very heavy I shall fall asleep soon, so take care of these things for me till morning. At half after six he waked and asked me to get up and go to his brother's and get him to bring a coach and take him to the hospital. I offered to leave the things behind, but he bid me keep them in my pocket. I took the watch out of my bosom, and that man laid hold of me and wanted the watch from me; I said the property was not mine; he said he would give me five shillings for it; I said it is none of mine, and if there was any constable about he might fetch the owner of them, he said I have owed you a spite a long while, I will have my revenge of you now; they sent for a constable, and I was brought before the justice; the owner was sent for and they made him swear that I robbed him.

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

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17791020-4

476. MARY-ANN SMITH , spinster , was indicted for stealing a silver Watch value 3 l. the property of Joseph Reddington , September 1st .

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

NOT GUILTY .

Reference Number: t17791020-5

477. CHARLES ATWELL , Gentleman , was indicted for that he feloniously, wickedly, diabolically, and against the order of nature, had a venereal affair with Thomas Read an infant of the age of ten years or thereabouts , and with him the said Thomas Read did feloniously commit and perpetrate the detestable and abominable crime (among Christians not to be named) called Buggery , August 12 .

2d. Count for the like crime with the said Thomas Read , August 15 .

3d. Count for the like crime with the said Thomas Read , August 22d .

THOMAS READ , called.

How old are you? - I am eleven.

Have you ever been at school? - Yes,

Can you read or write? - Yes,

Can you say the Lord's Prayer? - Yes

Do you know that it is your duty to speak the truth? - Yes.

Court. Administer the oath to him.

THOMAS READ , sworn.

Where do you live? - At Lisson Green, Marybone.

Have you a father? - Yes.

What is your father? - My papa is clerk to the skylight and fanlight manufactory.

Where is that carried on? - In Winchester-row Marybone.

Where does your father live? - Just by Lisson Green.

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

What is he? - He was a cutter and drawer to a callico printer .

How old is he? - About nineteen.

How long have you been acquainted with him? - Ever since he came to lodge there.

Did he lodge at the same house you did? - No, he lodged at Mrs. Devine's house.

How far is Mrs. Devine's from your father's? - Her house is nine doors round the corner.

How long have you known the prisoner? - Ever since he came there.

How long is that? - I cannot tell, I believe it is about two or three months. Mrs. Devine did lodge at our-house, then she took a house upon Lisson Green ; she came to our house once, a lady and a gentleman came to take lodgings at her house; a gardener, who was at work in her garden, came to tell Mrs. Devine that they were come to her house; I ran before to open the door to let them in; Miss Devine said to me there was a young gentleman that would be a pretty companion for me to play about with; I knew him from that.

So you first saw him there? - Yes; and that night, or two or three nights after, he came to our house and looked at our garden.

How long was it after you was first acquainted with him before any thing passed between him and you that you have now to complain of? - I believe it was a month or six weeks.

What was the first thing that passed? - He asked me whether I had ever seen the king go to chapel, I said no; he told me if I would come some Sunday, he would take me to chapel to see the king; so sometimes on a Sunday I used to go there to see if he would go or not; he used to say he could not, and then I used sometimes to be invited to dinner, or Mrs. Devine invited me to come there in the afternoon; I went there on Sunday; Mr. Atwell was up stairs; I went up to him.

Was that the morning or the afternoon? - I cannot tell which it was, but I think it was in the morning before sermon time; I went there in the afternoon; Mrs. Ryder and Mrs. Devine came to our house to know it Mr. Atwell was there; he was not there; Mrs. Ryder persuaded my papa and my mama to go and see their place.

Was Mrs. Ryder the person that lodged at Mrs. Devine's? - Yes; she took the lodgings at Mrs. Devine's, Mr. Ryder was gone to be a surgeon in the Glamorgamshire Militia, and Mr. Atwell was with his lady the while; she persuaded me to go and see their pig; they had a pig and some fowls in the garden; after a great while my mama and papa consented for all of us to go.

What day of the week was that? - On the Sunday; my mama was not very well, she had not been out all day, she did not want to go, but Mrs. Ryder persuaded her to come and see the pig; so they went at last and my sister I think went, and I went too, and Mrs. Ryder ran up and laid the cloth for supper, and persuaded us to stay supper. I was taken with a pain in the stomach, Mrs. Devine persuaded me to have some castor oil, which I had; when it was time for my papa and my mama and all to come home, Mrs. Devine and Mr. Atwell said it was better for me not to go out that night because it might make me worse.

When you came to Mrs. Devine's who was there? - Mrs. Ryder, Mr. Devine, Mrs. Devine, and Mr. Atwell; Mrs. Ryder said I might stay, and Mr. Atwell and Mrs. Devine

persuaded my mama to let me stay, and so my papa and mama let me stay as. I had taken the castor oil; I was to sleep with Mr. Atwell; we had not been in bed long before he wanted to put his c - k into my backside, he tried to do it but he could not get it in, then we went to sleep. In the morning I wanted to go down into the garden, I just put my clothes on, I did not button them: I went down the garden and then I came back again, it was pretty soon in the morning, I had done nothing to my clothes but just slipped them on; then I pulled them off and got into bed again. We got up about seven o'clock, breakfast was ready, when we had done our breakfast it was past nine o'clock a good while, I always go to school at ten in the morning, I went to school; Mr. Atwell was going out he went round with me to my school door, there I left him; I did not see him till Tuesday or Wednesday following.

Then nothing more passed that first night than what you have now related? - No. On Tuesday or Wednesday I went there and Mr. Atwell was up stairs.

What time of day was that? - I cannot tell what time of day.

Was it morning or afternoon? - Afternoon I think it was.

Before school or after? - I think it was after school; he was up stairs; I went up to see how he did, he was very well.

To see how he did! did any body say he was not well? - No, I went up to see him; he laid me on the bed and unbuttoned my breeches, then he unbuttoned his own and laid himself by me, and put his c - k into my backside. He got it in that time. I told him it hurt me the first time, he said it would not hurt me long.

Do you mean that he said so on the first night or then? - The first night.

So you did not tell him it hurt you then? - No.

What more passed? - Nothing; we came down stairs.

How long did he lie with you in this manner? - About five minutes.

You made no complaint then? - No. On the next Sunday following my sister went to Mrs. Ryder's to dinner; as I was coming from church in the morning, Mrs. Ryder was looking out at the window; she said my mama and papa would come in the afternoon, and then we should go to Kilburn. When we had got our dinner we went there, and went up to Kilburn. As we were all coming along from Kilburn, Mrs. Ryder said we should go home and sup there; my mama and papa said very well; Mr. Atwell persuaded me to run on before, and lay the cloth, so we ran on before.

Was the prisoner at Kilburn? - Yes, and Mrs. Ryder and my papa and mama and sister. It was very hot weather; we went up into the dining room; I unbuttoned my waistcoat and pulled my handkerchief off to wipe my face; I sat down on the sofa; Mr. Atwell pushed me down, unbuttoned my breeches, and then unbuttoned his own, and put his c - k into my backside. There were some ladies came to our house, who told me that Mr. Atwell was not well, but was exceeding ill. In the afternoon I went to see him, to see whether he was so ill; I found he was not ill at all; he said he had hit his head but he was got a good deal better of it. Mrs. Ryder and I went to Tyburn turnpike to see if we could meet Mrs. Atwell, because she was coming there.

Who is Mrs. Atwell? - The prisoner's mother; she is matron to St. George's hospital.

Who did you walk with? - Mrs. Ryder; we met her just at Tyburn turnpike; so we turned back and came home and Mrs. Ryder and Mrs. Atwell when we came home, went to a lady's somewhere in Paddington, and left Mr. Atwell and me by ourselves; we went up into his bedchamber because he was doing something up stairs as he had nothing but his waistcoat, breeches and great coat on; we went up stairs he threw me down on the bed, unbuttonned my breeches, then unbuttoned his own, and he did the same to me, he thrust his c - k into my backside then; and all these times but the first time, he made me do the same to him. When Mrs. Ryder and Mrs. Atwell knocked at the door, we came down stairs. and Mrs. Ryder, my mama and papa, came

to Mr. Divine's to see how they did; my mama gave me leave to go along with Mrs. Ryder to see Mrs. Atwell, up to Tyburn turnpike, because it rained; Mrs. Ryder and we went; Mrs. Ryder and I came back together; by that time my mama and papa were gone home. We got our suppers up in the dining room; I wished them good night and then went home. The next Sunday following I went there again; Mr. Atwell wanted to do the same; I told him no, I had got some disorder and did not know what it was for my linen was all stained; he asked me to let him look at me because there might be some bad consequences; he looked at me and said I had got some disorder in my body; he told me I must tell my mama. I went home, but I did not tell my mama. The next morning I saw Mr. Atwell again; he asked me whether I had told my mama; I said no; he asked me how I was; I said much the same; I saw him then as I was coming home from school in the street where I live; he said I must tell my mama, because she must find it but by my linen; it was on the Monday he told me this. My mama found it out. I believe in the week. On the next Wednesday or Thursday my mama put on clean sheets on my bed, but when she came to make my bed in the morning; the sheets were coloured; she told my papa of it, and he said -

You cannot tell what your papa said to your mama. What was done? you say clean sheets were put on your bed? - Yes.

Did your mama say any thing to you before she put clean sheets on? - No.

When did your father or mother say any thing to you? - My mama put me on a clean night shirt on Saturday night. I lie in a night shirt every night. My mama put me on a clean one that night; on Monday morning my papa asked me about it; I told him all about it, and he sent for Surgeon Webb.

What did your father say to you on Monday morning? - He asked me what was the matter with me, and said I had better tell him whatever was the matter with me because I might have something that might rot me all away or might swell me up as big as a tub, that I might not be able to walk.

What did you tell your papa? - I told him all that had happened.

Every thing that you have now told me? - Yes. He sent for Mr. Webb and told him the same; Mr. Webb said he was to have a physician at his house in the afternoon, and he was then going to, I forget the name of the place, to St. John's Wood I believe it was; but the physician would be there and he would come and fetch me and shew me to him. Mr. Webb did not come home at night, and the physician was gone. The next morning my papa, Mr. Webb, and I went to Mr. Wyatt's, which is, I think, in Newport-street, and he told Mr. Wyatt all about it, and Mr. Wyatt examined me; after that my papa, Mr. Webb, and I went to some attorney; they all advised us, a nd we did what they advised us.

What was that? - To take him up.

This is the whole is it? - Yes.

Did you find any thing the matter with you at these three times that this was done to you? - Yes.

What was the matter with you? - My shirt was all stained.

What made your shirt stained? - Something out of my c - k.

Have you told me every thing that passed that you took notice of at these different times that he threw you down and behaved in this manner? - I cannot say any thing that I took notice of.

You said he lay upon you in this manner about five minutes? - Yes.

Did he do any thing more than you have said? - No. I knew he was not well for he took physick. I used to see his physick on the mantlepiece.

Describe more particularly what he did to you; the second time, for instance, that he meddled with you? - I do not understand what you mean.

Give me a more particular account of what he did the second time that he unbuttoned your breeches and threw you down. What did he then do to you? - He unbuttoned

his own breeches and put his c - k into my backside.

What did he do then? - When he had done it he made me do the same.

Did he lie quiet in your body, or was there any motion? - He used to shove himself backwards and forwards.

Was there any thing else observable at the time? - No, not that I know of.

You speak of his shoving himself about? - Yes.

How long did he continue shoving himself about? - All the time he did it, about five minutes.

Then he left you? - Then he took it out and made me do the same to him.

Did you observe any thing more at that time? - No.

Your linen was not at that time stained with any thing? - No.

When did you first observe any thing of this stain upon your linen? - About a fortnight after the first time.

Was you sore when you first observed the stain? - I was sore before that; I had a little blister raised up.

Upon what part was that? - Where the water comes out.

You could not very well help what he did the first time because you then was in his bed to sleep with him; but how came you to go to bed with him again? - I did not go to bed any more with him.

But to lie down with him? - He threw me down; I did not know that it was any harm; I thought he would not do any harm to me, or I would have told my mama and papa.

You observed nothing about your linen till after you was sore? - Not till after I was sore.

Can you recollect whether there was any thing more passed that you took notice of at the time? - No; I do not recollect any thing.

I suppose when you found your linen stained you found it wet? - Yes, it was like as if one had poured water upon it only thicker; when it was dry it turned quite yellow.

You did not observe any thing of that sort before you was ill? - No, only when he used to take his c - k out of my backside, I found it very wet.

And did you find the same thing happen when you did so to him? - No.

You say he found some difficulty at first to force himself into you? - Yes.

And could you force yourself into him? - Yes, as far as it would go.

Was you acquainted with any other boys besides him? - No.

Did any body else ever serve you so? - I was not acquainted with any body but my school-follows besides.

Did you ever play any of these tricks amongst your school-fellows? - No.

Did you ever tell any of your school-fellows what had passed between Atwell and you? - No.

How came you not to tell any of your school-fellows what a strange thing he had done to you and made you do with him? - I did not tell them.

Then it looks as if you thought it was to be kept a secret? - I did not think it any harm.

Before he offered to force himself into you the first time; had he used to play or toy with you and take notice of you? - Yes he used to take notice of me.

And kiss you? - No.

How did he toy with you? - He used to play with me.

At what? - Sometimes he used to go to the back of the house and play at trap-ball.

Then before he forced himself into you he did not kiss you or any thing of that sort? - No.

Nor fondle you? - He used to play with my c - k.

Had he done that before you was ever in bed with him? - No.

Did he use to play with your private parts before he entered your body or after? - Before and after both.

Cross Examination.

You said he made you do to him what he did to you? - Yes.

Exactly the same? - Yes.

Have you been examined by some surgeons? - Yes.

Do you know Mr. Wyatt? - Yes.

Do you remember Mr. Wyatt's putting that question to you, whether you found any wet? - He asked me if I felt any wet while he was in me.

Did he ask you if you felt any wet from him afterwards? - Not that I understood.

You said you had never any connexion with any boys? - No.

Had you never any connexion with any woman? - No.

Nor played with them in any indecent way? - No.

The first time you say was upon the bed, the second time upon a sofa? - Yes.

What room was that in? - In the dining room.

Did you never say it was up stairs upon the bed? - That what was up stairs upon the bed.

The second time he attempted to do any thing to you, you said the third time was upon the sofa; did you never say that was upon a bed which you now say was upon a sofa? - At Mr. Triquet's I said it was upon a bed; I could not think of the sofa then, but when my papa asked me where he did it, and how he did it, when we went to Kilburn, then I recollected it.

Did you say that the third time, the Sunday, was before or after church? - After church.

Did not you say before the magistrate that it was in the morning before church? - No.

Recollect yourself? - No, I did not.

Recollect if the account you gave of the second time was not that you went there in the morning before church service, and that he laid you upon a bed? - No, I said so to the gentlemen there, and then I contradicted it again.

You told the court it was on the Sunday afternoon, upon your coming home, that this was done upon the sofa? - When we went up to Kilburn it was.

Then you do not recollect what you said positively before the magistrate? - I think I said it was after service time.

Then you did not say it was before service time? - When we came from Kilburn it was after service time, it was supper time.

The moment you complained of the sore you found and of the running, the prisoner immediately in company with some other gentlemen, desired you would tell your mother of it, and pressed it, did he not? - Yes.

Who was by then? - Nobody.

Was not a French gentleman there? - Not then, but there was a French gentleman up in the room; when Mrs. Ryder was gone out he told the French gentleman in French, and the French gentleman said he was very sorry for it.

Then they both desired you to tell your mother of it? - Mr. Atwell did; he said my mama would certainly find it out by my linen if I did not tell her.

You was examined before the justice? - Yes.

What you said was taken down in writing? - Yes.

And I suppose it was read over to you? - Yes.

Do you remember what day of the month it was? - No.

Was it not the 21st of September? - I cannot recollect.

Then cannot you recollect whether you swore that this was done in the morning before service, and up stairs upon the bed instead of upon the sofa in the dining room? - I cannot recollect.

Is the account you gave before the justice which was taken down in writing the same you have given now? - Yes.

Then I want to know whether you did not say then that it was on Sunday before service, upon the sofa? - I said so the first time; at the last hearing before the justice when my papa came to ask me how it happened and where it was done, when we came from Kilburn, it came into my head that it was done upon the bed; and then when we came before the justice I contradicted that; I said it was done at night on the sofa.

Before you said you had laid down on one

side and he on his side beside you upon the bed? - Yes.

And the two other times were in that manner? - Yes.

You lying your full length and he lying his full length? - No, we could not lie our full length for my knees were up.

Did not you lie your full length on your side? - No, I cannot when I lie upon my side.

Why do not you? - No, my knees are always so (bending them) I was obliged to put up my legs when he put his c - k into me.

Did you say that, till the surgeon made the observation that it was impossible for him to commit this crime if you lay in the manner you described, now I want to know whether you did not say before the justice that you lay side by side with this young man and that you laid quite straight; did you or not say that before the justice? - Yes, I did and I contradicted it at the same time.

Did not the surgeon then observe to the magistrate, that it was impossible for the crime to be committed if, you lay in that attitude? - I do not remember that.

There were some capital surgeons there, Mr. Wyatt and Mr. Hunter? - Yes.

Do not you remember Mr. Hunter saying it was impossible to commit the crime in that attitude? - I do not remember that.

How came you to alter it afterwards by saying you did not lie straight? - I said I lay straight, my legs were down straight but my knees were bent in this manner ( bending his knees a little).

Will you say you bent them as much as that? - I dare say I did.

Why cannot you lie straighter than that in bed? - Yes, but he could no get it in when I lay any otherwise.

Who told you so? - He did; he said I must bend my knees or else he could not get it in.

Who told you so? - Mr. Atwell himself said so.

You did not take that hint from either of the surgeons that were present? - No.

But you still continued lying on your side? - Yes.

Before Mr. Hunter made any observation had you described the situation of your legs to the justice or to any body? - I do not remember that Mr. Hunter did make the observation.

You say you never touched any woman at all in play or any thing else? - No.

I understood you complained to nobody till after this running when your mother found it out? - No, only to Mr. Atwell.

WILLIAM READ , sworn.

Are you father of the last witness that was examined? - I believe so.

Have you heard the boy's evidence in court? - Yes.

Did he tell this story to you - He did;

Is the evidence he has given now in substance the same with what he told you? - Yes it is.

Cross Examination.

Was you present at the examination before the magistrate? - Yes.

The surgeons were there too and examined? - Yes.

You remember their asking some questions do you not? - I do.

Court. How long had your boy been acquainted with Atwell? - I believe about three months, between two and three months.

When did you first hear of there being any thing the matter with the boy? - On the 13th of September which was a Monday.

Who mentioned that first to you? - My wife.

What was it she had taken notice of? - She told me she did not know what was the matter with Tommy for his linen was stained, I made light of it and said how could it be; she said she was sure it was stained: I was in a hurry, I said put him a clean-shirt on and to-morrow morning I will examine him and let Mr. Webb see him on the next morning; which was Tuesday, I looked at the linen and was greatly astonished, I said, God bless me! the child is injured by somebody; I was at breakfast, he was at school, I said, when the child comes from school; do not let him go again till I have seen him; I returned from the factory about ten o'clock, the child was at home, I took him into the parlour, I said, my dear I must look at your linen, what is the matter with you? I looked at it, I said, you have been meddling with some girls or somebody has

been playing with you, tell me who it is and I will not be angry; he did not seem to be willing to tell, I urged it a second and a third time; I went out of the parlour and went down stairs with a pretence of taking a bit of a twig, but as I came up stairs his mother cried out to me he has told me all about it; it is Charles Atwell . Charles Atwell , said I, how can that be? Well, said she, he says it is him. I directly went away and fetched Mr. Webb the surgeon who is here in court, and desired him to ask the child the particulars which he accordingly did. I do not know of any other circumstance that I asked him at that time, but Mr. Webb said I have a gentleman a doctor who will come to me about a patient this afternoon, and I will let him see the child; I said, we will omit it till the gentleman sees him; the gentleman did not come. I went in the morning again to Mr. Webb, and we then took the child down to Mr. Wyatt to let him see him; he examined him, and I believe will let your lordship know what he found upon the child.

What part of his linen was it that was so discoloured? - The forepart of his shirt.

Was he a reserved or a bold forward boy? - A very reserved boy. I always endeavoured to keep him at good schools; I never suffered him to go out to play with ordinary boys.

Was he a good boy? - A very good boy; I never knew him along with any vagabond or any bad children.

Was he a boy that told the truth, that could be depended upon, or was he apt to fib? - He was often like other boys unwilling to speak, but I always got the truth out of him.

How often did he change his linen? - One shirt every three days, a night shirt and a day shirt.

How often do you wash him, had he five or six shirts in wear or how? - I believe he had ten.

Did he use to wear them all round or how? - I believe so.

Did you look back to examine any of the rest of his linen that he had worn for a week or fortnight before? - I did not, his mother perhaps might.

The boy mentioned something of going to an attorney? - Yes.

Did you go to an attorney? - Yes.

Did you demand any terms of the prisoner or his friends? - I went to an attorney to know what was the proper step to take in this matter; I was not desirous of doing any thing rashly without consulting.

Did you after you had received advice from your attorney make any proposal to the prisoner or his friends? - None.

Or make any demand? - No; never in my life. I only wanted my child righted.

Mr. THOMAS WEBB sworn.

You are a surgeon? - Yes.

You examined the boy? - I did.

Did he he give you an account of what had passed between the prisoner and him or any other persons? - He related in my presence just the same as he has now stated.

In your judgement as a surgeon, whether in such a case as that, penetration might or not be without laceration? - It might undoubtedly be without laceration if his knees were bent as he has now described.

Did you examine the boy? - I did.

Had he any disease in his anus? - None at all there.

Then his disease was in his privy parts? - In his penis chiefly.

How could he receive that from the anus? - That I cannot say; I do not know how the prisoner was.

If the prisoner had the venereal disorder how could that affect the anus? - The boy upon relating the affair, says the prisoner obliged him to do the same to him; if the prisoner had been affected the boy might have been affected in the penis, but what the prisoner did to the boy, could not injure him in his penis.

But could the boy receive any injury in the penis from any disorder the prisoner might have? - No; he would have received it in his fundament.

In the first place do you know what the nature of the complaint was you discovered he had? - It had all the appearance to me of a venereal complaint; and from

the symptoms the boy had, and what he complained of, there was every reason to suspect it was so.

Are you able accurately to distinguish especially in such a young subject between weaknesses and the appearances which are sometimes seen in venereal cases? - In slight venereal cases there might be some similar symptoms, but the appearances here were with excessive heat of water, and other attendants that rather determined it to be a venereal complaint.

But suppose it had happened that such a boy had been prevailed upon to attempt carnal knowledge of a woman as far as he was able from his age; whether it might produce a weakness that might have this appearance? - It might produce a weakness, but it would not have the appearance that this had.

Then your judgement is that the boy's case was venereal? - That is my opinion; I do not take upon me absolutely to say that it is a venereal complaint.

Could any such appearances happen from his pushing against the prisoner's fundament? - I cannot say as to that.

Was the discharge of a yellow colour or a white colour, like a gleet or weakness? - At the beginning it was of a yellow nature.

Did he complain of much heat of urine? Yes; in the scrotum and in the groin.

Did you give him any antivenereal medicine? - No; he is grown almost well, he has something of a running.

Do I understand you right, that no antivenereal medicines had been administered in this complaint? - None in the least.

Does it ordinarily occur to you in your practice to know of real venereal taints going off without medicines? - It sometimes does occur that a clap or gonorrhoea will go off without medicine, nature will sometimes remove that complaint without any kind of assistance.

Was you present when the prisoner was before the magistrate? - I was.

Was there any proposition made that he should submit to an examination by surgeons? - It was proposed, and Mr. Hunter, Mr. Wyatt, and myself examined the prisoner in the justice's parlour or closet.

In what state did you find him? - Perfectly clear from all kind of venereal complaints whatever.

Perfectly well from any appearance? - Yes.

Clear from any weakness or gleet or any thing of that sort? - Perfectly so both in the penis and the fundament.

Cross Examination.

You called in I believe another gentleman of skill, you being a young man? - Yes; Mr. Wyatt, a gentleman of great skill. When the father of the child applied to me, I that afternoon expected a physician to call at my house to attend a patient with me; I told him afterwards I would take him to a gentleman of experience whose judgement I would rely upon rather than my own; and I took the child to Mr. Wyatt.

Court. Prisoner, your counsel are not at liberty to speak for you, they can only examine your witnesses, if therefore you have any thing to say to the jury in your defence, this is the proper time for you to say it.

PRISONER's DEFENCE.

In the situation I am now in, I do not know any means to extricate myself. I do not see any reason why my counsel should not plead for me. I can say nothing further than that I deny the crime alledged to my charge with horrour. The boy has said we ran from Kilburn-wells in order to lay the cloth; that is certainly true; it was proposed by us both; but when we came to the house I had the key given me by Mrs. Devine at the street door; I went in, and struck a light, in order to lay the cloth, as we had discharged the maid a day or two before. I struck a light to go up into the dining-room to lay the cloth; I recollected Mrs. Ryder had got the key: When we went out, she sent me after a little dog of her's, to go up to Kilburn-wells; I brought the key and gave it to her before two or three witnesses. The boy says that we came back that very evening, and perpetrated the deed on the sofa, which is exceeding false. As to any thing more corroborating the circumstances, I can say nothing to it.

He has alledged many things to my charge, for which, if I did, I shall die with the greatest resignation and consolation to my own mind. I had not got the key of the dining room where the sofa was when I returned I from Kilburn-wells, but only the key of the street door; Mrs. Ryder had the key and kept it till she came home. As soon as I struck a light in the bottom part of the house in the kitchen, I went up; Thomas Read was looking out at the window. When they came in, I asked Mrs. Ryder for the key to lay the cloth; I said if we had had the key I should have laid the cloth; and we had some few words upon it; Miss Devine knows very well that I gave Mrs. Ryder the key when she went out.

For the Prisoner.

Mr. WYATT sworn.

You are a surgeon? - I am.

I believe you was desired by Mr. Webb or the boy's friends to attend before a magistrate? - They called at my house before I was desired to attend a magistrate; I examined the boy at my own house.

Do you recollect what day that was? - No, I do not. Mr. Webb and the boy's father were present; I do not recollect whether they told me what had happened to the boy before I saw his complaint or not, but the moment I saw his complaint I suspected it to be venereal; and when I asked him a few questions, I was convinced it was so; he had every symptom of a recent gonorrhoea. I asked how he had contracted it, and they told me this story. I do not know whether they told it me in the same manner exactly as now, for I did not wish to hear it. I heard no more of it for a week, I think, or more; it was after they had been once before the magistrate. The father then called upon me and told me that the prisoner was committed for a further examination, and asked me if I would be kind enough to attend; I enquired into the necessity of my attendance; he told me there would be some difficulty as to the possibility of the commission of the fact; I told him I had no objection to attend; accordingly I did attend the magistrate. Before the magistrate heard the business at all I asked Mr. Hunter if he thought the prisoner would submit to an examination; I did not wish to put the question to the prisoner, for fear he might decline it, therefore I asked Mr. Hunter, who came on behalf of the prisoner; Mr. Hunter said he dared say he would do it; he said he should do it or he would take no further notice of him, or to that effect. Mr. Hunter had him into a room, and told him to let us see his private parts; I examined his penis, and it was perfectly clean, I never saw a cleaner in my life. I then desired him to turn round and let us see his anus, which I examined very carefully, and he was perfectly clean there, and so clean that I do not believe he had had any complaint.

You looked upon his linen at the same time I suppose? - I do not know whether I did or not, but I am sure if there had been any thing there I must have seen it.

I suppose that circumstance struck you as material? - Very material, and therefore when before the magistrate I desired to ask the boy a few questions before I gave my evidence. I asked him how long it was after he had been connected with the man before he perceived this complaint; I do not know whether I can recollect precisely the time, but I think it was a month within a day or two, after he had been connected with the prisoner, to the time of his perceiving this upon him. Then I asked him in what manner he lay, for I had not been at the Justice's the first time; I asked him how he lay when they were together; he said then he he lay with his knees bent.

Upon finding the prisoner was clean did you then say any thing of examining the boy again? - I had examined him again that very morning, and I suggested before the magistrate that I thought it very improbable that the disease which the boy had, supposing, it to be venereal, which I did suppose, and do now suppose, I said it was very improbable that the man should have given a disease which he had not himself; and it was not very probable that the disease should have subsisted a month without shewing itself. I do not know that I have ever seen that happen; I know there are surgeons who say they have seen it more than a month; it is possible it may be so, but I always suspect

patients when they tell me it has been so long.

Upon this occasion, after you and Mr. Hunter had examined the prisoner, did you when you were together before the magistrate examine the boy, to have your united judgement upon it? - I do not recollect whether we did then or not; I recollect now from what the father has sworn, it was on the 13th of September he came to my house; it was the 23 d when I was before the magistrate, which was the second examination.

From the formation and strength of the boy's parts, you see what a stripling he is, do you think he was capable of having any carnal communication with a woman? - Yes, I have no doubt but he was.

Now might the appearances upon the boy's private parts be occasioned by the circumstance of his having entered the prisoner's fundament? - I think not; there might have been appearances; the urethra might have been inflamed, but not such an appearance as that.

Did you examine the boy's anus to see whether any penetration had been made there? - I did; it is not very easy to tell that.

Did it appear to you upon your examination that the parts were wider than they naturally might be? - No.

Did there appear to be any irritation? - No; but it was a month after when I examined him. When the father brought the boy to my house, I asked him if he perceived any wet after the fact had been committed; he then said no, but he qualified that; I did not ask him, any wet while the man was in him, for then he could not; I must have asked the question, whether he found any wet after the man was withdrawn. I think I put that question; he said then no, and it is very possible he might not.

Mr. HUNTER sworn.

You are a surgeon at St. George's Hospital? - I am.

Was you present at the first examination before Mr. Wyatt? - I was present at the second examination before the justice. I was at the two last examinations. It was upon my first examination that Mr. Wyatt was called in, but before that the mother of the prisoner told me the story of the accusation against her son, and desired me to go to Paddington and see the boy; I went there; Mr. Read admitted me, and shewed me his son; I examined the boy, and he had to meall the appearance of a venereal gonorrhoea, and upon questioning him he had all the symptoms; I was asked to go before the justice which I did, and heard the examination of the boy; from the easy manner in which he told the story and also from being called in upon many occasions that are somewhat similar; (rapes upon girls under age I have been called in upon many in Harry Fielding 's time and in Sir John's time, not one of them true) I had a doubt and I therefore asked the boy several questions; one question I asked him was, Was you lying in bed straight when he performed the operation? he said he was; which drew from me this observation, that I looked upon it as impossible in such a position; I observed at the time that I knew it was with difficulty we could introduce a finger into the anus of a person when we were obliged to examine for some disease without the finger being particularly oiled, therefore I looked upon this operation as no easy matter.

Did you mention this? - I did mention it then.

You saw the boy describe here how he lay with his knees a little bent, do you think it possible in that attitude? - I think it hardly possible in the manner he has described now. I was before the justice a second time, and he then said, upon talking about the position, that his legs were bent; I own it struck me then that he took that from me, he then said that the prisoner spit upon his c - k, I then suspected that he took the hint from what I mentioned with regard to oiling the finger.

You was present with Mr. Wyatt when the prisoner was examined, both before and behind? - I was.

What state did you find him in? - Perfectly found.

Court. Did you examine his linen? - No; but a man can put on a clean shirt when he cannot put on a clean penis.

Court. Did you examine the boy's anus? - I am pretty clear I did at the justice's.

I need not ask you whether it is possible for a man to communicate a disease he has not? - He could not communicate that disease to him.

Could such a boy as that be capable of an erection sufficient to lie with a woman? -

If a woman chooses to lie with a boy, if she takes a rub, whether his penis is erect or not, if she is tainted it would give it him.

Do you think it possible for such a boy to commit the crime as he has described with a man? - I think it impossible for a boy of that age to have a permanent erection, so as to perform it upon a man.

Court. Could he upon a woman? - I think he might for half a second of time upon a woman, but I look upon the two operations to be very different.

Mr. WATSON sworn.

You saw the boy in the manner in which he stood just now? - I did.

Do you think it possible for this fact to have been committed upon him in that position? - I should think not.

Did you see either of the parties? - - The boy and his father came to me near a month ago, and wanted me to examine this boy; the father began telling me the case the same as he has related to this court; I desired to know what the boy's complaints were; I was shewn the state of his penis; he appeared to me to have a great discharge, and had all the symptoms that attend a gonorrhoea; a heat of urine, and the part was inflamed; the fore part of his shirt was covered with matter, and there was a very foul appearance; I examined the boy's fundament, and could see no appearance of any lacetation having happened there; the part was strongly contracted, was small, and in a healthy state as it should be; if any thing had happened there, it must have been a long time before, for there was no appearance of such a thing, or of any laceration. I said I fancy your son has been playing with some girl or other; or some girl has got hold of him and been playing with him; this he denied; I advised them to have the person examined that they said the boy had been connected with; that I found was done afterwards; I did not see the prisoner at all.

Court to Mr. Webb. You attended this boy as a surgeon? - I did.

Did you attend him for a venereal disease? - The day after we had called at Mr. Wyatt's, Mr. Wyatt said you should have kept his body cool, that would be quite sufficient; I gave him only salts and manna.

Is he well now?

Mr. Watson. He is not quite well now; it is gone off in a great measure.

Judging of it now if you had not seen it before, from the present appearance should you judge it to be venereal? - I should suppose it a venereal infection going off.

Does it often occur to you that these venereal complaints in the state you saw that at first go off without medicines? - Keeping the part clean, and giving cooling medicines will sometimes cure.

- BASTON sworn.

Mr. Atwell's mother called upon me, and informed me what had happened to her son; Mrs. Ryder informed me -

Court. You must not mention what Mrs. Ryder said to you? - I know nothing else.

MARY DEVINE sworn.

You are one of the parties that went to Kilburn Wells on the Sunday that has been mentioned? - I did.

Do you remember the boy's coming home with the prisoner to lay the cloth? - Yes; the prisoner got home first with Tom Read , and had struck a light; when he came to the door, Mrs. Ryder asked him if he had laid the cloth; he answered no, he had not the key of the dining room; that is the room where the sofa was.

Do you recollect his giving her the key? - He gave Mrs. Ryder the key.

Court. Did you only hear him say he had not got the key, or did you see Mrs. Ryder give him the key after she came home? - She went on directly, and whether she or Mrs. Atwell opened the door I cannot say.

Cross Examination.

What is your name? - Mary Devine .

That is your name? - Yes it is.

Here is an enquiry made with respect to the going up into the dining room on a Sunday; do you remember that boy's being at your house a week or a fortnight before that and taking castor oil? - Yes; that was on the 8th of August the Sunday night.

Did he or not sleep with the prisoner that night? - Yes; he did as he was ill.

Was he with the prisoner on the Tuesday or Wednesday after that night? - I cannot positively say.

But you remember he was there on the Sunday night. - Yes.

And they had been at Kilburn Wells before? - Yes.

Do you remember the boy's being afterwards at your house? - Yes, frequently.

Was he or not with Atwell in his room? - Not that I know.

You cannot tell? - I cannot tell.

Court. Is there any circumstance which makes you recollect it to be the 8th of August that he took the castor oil? - I recollect the day, the servant went away the Wednesday following; and we looked back to her receipt to see what day it was.

Miss DEVINE sworn.

Do you recollect the prisoner's asking for the key after coming from Kilburn Wells? - The prisoner came back and gave the key of the street door to my mother.

Court. Do you remember when they came home his taking the key from her? - No; I do not; I knocked at the door, the prisoner opened it; I asked, is the cloth laid? he said no I had not the key.

Mrs. RYDER sworn.

Do you recollect the prisoner giving you the key on the Sunday you went to Kilburn Wells? - No; I had a little dog; when we got a little way he made a noise; Mr. Atwell said he would fetch the dog; I said I don't want him to be fetched; I remember I gave the key to Mr. Atwell, but whether he gave it me or not I cannot tell.

Do you recollect his asking for the key when you came home? - No.

Do you recollect any thing being said about laying the cloth? - No.

MARY EDWARDS sworn.

I have known Mr. Atwell a month.

You washed his linen? - Yes; I washed three shirts the day after he was taken up.

- PARSONS sworn.

I am a Pattern-drawer; I have known the prisoner nine years, he has an exceeding good character.

Did you ever hear of any charge of this kind against him? - Never.

WILLIAM MILLER sworn.

I was a pupil of Mr. Hunter at St. George's Hospital; I knew Mr. Atwell and his mother.

I believe you sometimes slept with him? - He slept with me and several of the pupils at different times; he slept in the same bed with me near a month.

Had you any reason to suspect him addicted to this crime? - Not in the least.

The Rev. JAMES CLARK sworn.

I have known the prisoner four years and upwards; I have heard a great deal of good of him, but never heard a word of ill of him before this.

- MORRISON sworn.

I am a clerk to Mr. Button; I have known Mr. Atwell between ten and eleven years; he was an apprentice to Mr. Button; he always bore a very fair character.

WILLIAM HARWOOD sworn.

I am a mercer; I have known the prisoner ever since his return to England, which is about fifteen or sixteen months; I never heard any imputation upon his character,

- MATHERS sworn.

I am a mercer; I have known him a good while, he always bore a good character; he is a sober honest young man.

- MARCH sworn.

I am a school master; I have known him twelve months, I never heard any imputation upon his character.

NOT GUILTY .

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

Reference Number: t17791020-6

478. THOMAS BARNFIELD was indicted for stealing a leather purse, value 1 d. a half crown, and 3 s. 10 d. in monies numbered , the property of William Wilson , September 26th .

WILLIAM WILSON sworn.

I am a plane-maker , and live in Bird-street, Oxford-road . The prisoner has been apprentice to me two years last June. I missed my purse and money last Sunday was three weeks, from a drawer which my wife and I in common kept locked. My wife sweeping the room out found the purse under the prisoner's bed. I accused the prisoner with stealing it; he denied it; I told him if he did not confess, I would go to Sir John Fielding 's; he said he knew nothing of it; I went and told his parents of it; they begged I would not go to Sir John Fielding 's, and they would come over to me; we talked to him very smartly; at last he confessed it; his parents and I then agreed to send him to sea, for he confessed that he had given the money away to a girl. I asked them whether they or I should find a captain for him to serve; they agreed I should take pains to get a captain for him. They were not willing to send him after that, and they sent a lawyer to me.

What reason have you besides his confession to fix this upon the prisoner? - Finding the purse under his bed, and the room door being always locked.

What did you loose? - A half crown piece, three shillings, a silver groat, a silver three pence, a silver two-pence, and a silver penny; it was hoarded money.

ANN WILSON sworn.

I am the wife of the prosecutor. I found the purse under the prisoner's bed, which was up in the garret.

HENRY WHITEHOUSE sworn.

I was in the house when Mrs. Wilson found the purse, and when she missed the money, and when the boy confessed he had taken it.

His parents and the master were talking to him? - Yes.

ISAAC MILLER sworn.

I was in the house when the prisoner confessed stealing the purse.

PRISONER's DEFENCE.

I should be glad if you would please to let me go to sea; I would have gone before but my friends were not willing.

NOT GUILTY .

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

Reference Number: t17791020-7

479. ANN LUDGETT was indicted for stealing two linen shifts, value 2 s. a linen apron, value 1 s. a check apron, value 6 d. three linen handkerchiefs, value 8 d. a silk handkerchief, value 1 s. two lawn caps, value 2 s. two linen caps, value 6 d. a pair of cotton stockings, value 5 d. and a pair of linen sleeves, value 6 d. the property of James Watkins October 15th .

MARY WATKINS , sworn.

I am wife of James Watkins who was a carpenter but is gone to sea; the last time I heard of him he was alive. the prisoner was acquainted with a Birmingham man who lodged in my house; I gave her her lodging a few nights out of charity; she came to lodge at my house on Saturday was a week, I lost the several things mentioned in the indictment, the prisoner absconded on Monday night, I missed them on Saturday; I met the prisoner on Monday night; she had a cap upon her head which was mine. We found two shirts, two handkerchiefs, another cap, and an apron; before the magistrate she acknowledged she had pawned these things; she confessed before the justice she had taken all these things, that she had pawned some in Holborn, had lost some, and had sold some of them.

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

ALEXANDER DIXWELL , sworn.

I am a constable, I took the prisoner into custody, she acknowledged she had taken these things and had pawned some, and I sold some; that she had employed Mary Burrows to take the things out of pawn; Mary Burrows appeared before the justice in the presence of the prisoner and produced the goods which the prosecutrix swore to.

PRISONER's DEFENCE.

I was in liquor when I did it; I never did the like before in my life.

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

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

Reference Number: t17791020-8

480. THOMAS PRITCHARD was indicted for stealing 5 s. in monies numbered , the property of Henry Winstanley , September 29th .

HENRY WINSTANLEY sworn.

The prisoner was my porter . On Michaelmas-day, the 29th of last month, I missed five shillings out of my till; it was marked the preceding evening, on a suspicion I had of the prisoner, from the information of my apprentice. I sent for a constable, and when the constable came I called him out of the cellar, where he was about his usual business, and desired he would show me what money he had got in his pocket; he laid down the money he had in his pocket upon the counter. I looked over it, and selected 5 s. from it, which I had marked the preceding evening in the presence of my apprentice; those that had impressions I marked with a knife in the edge over the head; those that had no head on them I marked on each side directly opposite. I found 5 s. with these marks, which marks I can swear to.

Did you charge him with having taken them? - I did; he said he had not taken any, but he seemed very much confused. I charged the constable with him, and sent him to the Compter; he was taken before the alderman and committed; he has relations of some credit, therefore I should be glad if the court would permit him to go for a soldier.

THOMAS CHAMBERS sworn.

I am an apprentice to Mr. Winstanley, who is a silk-man . I was present, on the 28th of September, when my master marked the money that was in two tills; he put one mark on the edge of those that had heads, and the plain ones he marked with two marks on the edge opposite each other. In the morning I missed 5 s. and told Mr. Winstanley of it. A constable was sent for, and the prisoner was called out of the cellar, and desired to produce the money he had in his

pocket; he pulled out of his pocket half a guinea, and about eleven shillings in silver, out of this Mr. Winstanley selected five shillings which we had marked in the evening. Mr. Winstanley asked me if I knew them; I told him I did; that they were the five shillings we put in the till the preceding evening.

Are you now certain they were the five shillings that were in the till the preceding evening? - Yes; they are them (producing them.)

When they were found what did he say? - He faintly denied it; he was so confused he hardly knew what to say.

PRISONER's DEFENCE.

I was frequently sent out with silver for halfpence.

To Chambers. Was there any silver marked any time before the 28th? - No. On the Saturday I counted the money in the two tills, and set it down on a piece of paper, and on Monday I missed three shillings; on Monday night I counted it again, and on Tuesday I missed six shillings more; then I told my master of it, but there was none marked before.

(The prisoner called five witnesses, who gave him a very good character.)

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

[Military/Naval duty. See summary.]

Reference Number: t17791020-9

481. 482. 483. JANE JONAS , MARGARET HARTLEY , and ELIZABETH LARRISON, otherwise RIGBY , were indicted, for that they, in the king's highway, in and upon John Leech , did make an assault, putting him in corporal fear and danger of his life, and stealing seven guineas, three half guineas, a shilling, and nine shillings in monies numbered, the property of the said John, from his person , September 16th .

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

JOHN LEECH sworn.

Do you know the three prisoners? - Yes; I know her that had my money. I was going home from my work. I had the same handkerchief on I have now the night they robbed me.

When was it? - One of these men took the day down; I can neither read nor write.

Whenabouts was it? - Last month, about the 15th or 16th I think.

What day of the week was it? - On Thursday, at about seven o'clock in the evening, as near as I can guess, it might be a sew minutes under or over. I was going down Field-lane to turn up Chick-lane; the three prisoners were standing at the corner of Black-boy-alley. Jonas caught hold of me by the handkerchief, and gagged me, and the others shoved me along. I clapped my back against the wall, and fought as long as I could. My money was in my left-hand breeches pocket. I had seven guineas, three half-guineas, and about ten shillings in silver.

Did either of them put their hand into your pocket? - Yes, Hartley; she had a hard fight to get it away. One of them snatched off my hat, knocked the crown in with her hand, and clapped it before my face; they got me down, and got the money from me, and ran away; it was all in a purse. There were five of them, one held the hat before my face, and the others held me while Hartley took the money out of my pocket.

Did the other prisoner do any thing? - Yes; she struggled and hung about me, and helped to pull me down; when they had got my money, they ran into a house a few yards off. I turned my head. I was almost dead; but I saw them run into the house, when I revived a little.

Did they hurt you any otherways besides holding you? - Yes; so that I have been obliged to have a plaister round my loins ever since. I cannot get out of bed without working my legs up a little first. I went to the woman of the house, and said they were in that house; that I saw them go in. She

made answer nobody should search her house without a constable. I went to see for a constable. I could not find one directly. I returned to the house for fear they should be gone. I went with a young lad, and searched the house, and they were gone. I suppose I was not gone five minutes; they were taken by the constable, and brought into his house in Field-lane, the constable searched them, and five pounds all but sixpence was found in Hartley's sleeve; there were two guineas, two half guineas, and the rest in silver. There was no money found on either of the others.

Was your purse found? - No; the next morning they said before Sir John Fielding , if they had known I would have given them all that trouble I should not have been there to tell the tale; they said that to one another, and I was all but dead when they left me. I named the money before the constable took it from her, and I mentioned a mark on one of the shillings, that was found in her sleeve.

JOHN HALL sworn.

I am a constable. The prisoners were brought to my house by Thomas Massey , another constable. I searched them, and found upon Jane Jonas three guineas, two half guineas, and a shilling, all pinned up in the cuff of her sleeve, and some silver in her pocket.

Do you know the prisoners by sight? - Yes.

Which did you find it on? - The middle one; I found nothing on the other prisoners. Leech swore to this shilling (producing it); he told me before I searched her that he had lost a shilling which he could swear to; that there was a dent in it, and he scrupled it when he received it of his partner.

Jonas. Whether he did not swear to a shilling that was taken out of my pocket, and afterwards to one that was taken out of my sleeve? - Here are two shillings, he said he knew them both, the one in particular that I took out of her sleeve.

Jonas. Whether he did not say he could swear to a guinea with a cross upon it, and when you found the money there was no such guinea among them? - I do not remember his saying so.

(The two shillings were produced in Court, and deposed to by the prosecutor.)

To Leech. The women that robbed you ran into a house? - Yes.

Did you know either of them before? - No, no more than I should know the king of France.

Are you sure the prisoners are three of the women that attacked you? - Yes.

THOMAS MASSEY sworn.

I am a constable. I took the three prisoners. I took Hartley in Bett Lynes's house, in the alley where the robbery was committed, one I took in Chick-lane, and the other in Field-lane.

What time of night was it when you took the first? - About half past seven; I took them all in a few minutes of each other. I took them to Mr. Hall's house; he was not at home; he came in just after, and searched them, and out of the cuff of Jonas's gown, we took three guineas, two half-guineas, and one shilling, it was pinned up in her cuff; there was some silver found in her pocket, but this shilling the man said he would swear to.

Did you find any thing on the others? - I cannot say that I did. I took the prisoners by Leech's description, and brought them to him to Mr. Hall's house.

Did he know the other two as soon as he saw them? - He did not recollect Larrison immediately; he did the other two, but her he did not.

Was you present when they were examined at Sir John Fielding 's? - I was at the first examination; I was not at the last; there was not any thing material passed that I recollect.

JOSEPH BENTLEY sworn.

I can swear to one of the shillings, which I gave to John Leech about three o'clock the same afternoon; it has a dent on one side (inspects the shilling) that is the shilling.

Hall. I was present at Sir John Fielding 's, and heard them say Rigby was innocent.

Who did you hear say so? - A girl that came up to Sir John Fielding 's. I made an enquiry in the neighbourhood, and heard that Rigby was not present; that it was Elizabeth Rose that was in the house; Rose is very much like Rigby; here is a man in court, one Burkett, who told me at Sir John Fielding 's that she was innocent.

LARRISON's DEFENCE.

I never saw the man till I saw him at Mr. Hall's; Massey asked him if I was one, he said I was not.

For Larrison.

CHARLES BURKETT sworn.

Do you know Larrison? - I do, by seeing her at a house I use.

Do you know Bett Rose? - I do by coming to the house I use.

Is there any resemblance between them? - No; the other is a taller person by much.

Do you know any thing respecting her the night of the robbery? - Yes; she was at the Butcher's-arms in Chick-lane.

Did you say at Sir John Fielding 's that you knew she was innocent? - No; I was not there. I said to Mr. Hall that I believed in my heart, as she was with me all that evening, that she was innocent; she was taken up almost immediately as she went from me.

How long was she with you? - I believe I was there an hour.

How long after she went out was it that she was taken up? - Scarcely five minutes.

You are sure she was not out for an hour before that? - Yes I am, and more than an hour.

What was the reason why you said you did not believe she was guilty? - That was the reason, I had no other.

JANE MINORS sworn.

I am a servant at the Butcher's-arms in Chick-lane. I drew a pint of beer for Larrison at about half after six; she went away at about seven.

JONAS's DEFENCE.

I had been in Rag-Fair buying and selling old clothes ; I had this money to deal with; there was a hole in my pocket, therefore I pinned the money up in my sleeve. As I was coming down Field-lane, the constable laid hold of me and took me to the prosecutor; he asked the prosecutor if he knew me; he said he did not; Massey brought me in again, and then the prosecutor said he believed I was one. My witnesses are not come.

HARTLEY's DEFENCE.

I know no more of the affair than the child unborn. I never saw the prosecutor till he came up to a window where I was at work and asked me if I had seen any young women, and said he had been robbed; I asked him if he should know the women again; he said no, but he should be glad to have his money again, and said he would give me a crown to get a constable for him; I went to see for the constable; the constable was not at home; when I returned, the prosecutor was in the alley; the constable came and asked him if I was one of the persons; he said I was; I replied, are not you a wicked man to say that I am one, when you offered me a crown to go for a constable?

To Leech. Which of them put her hand into your pocket? - The Jew girl (Jonas).

Who was the money found upon? - Jonas.

Who laid hold of your handkerchief first? - Hartley.

JONAS GUILTY ( Death .)

The other two NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17791020-10

484. JOHN NEWHAM was indicted for stealing nine bullocks, value 50 l. the property of Robert Bulkeley , Esq ; September 6th .

DAVID DAVIS , sworn.

I am a farmer, and servant to Mr. Bulkeley at Brixton Causeway: I bought nine bullocks in Monmouthshire for Mr. Bulkeley; I heard nothing more of the bullocks till I heard they were at Horsham ; they were missed on the 3 d or 4th of last month, we made search after them and heard they were

sold at Crawley-fair; I went to the buyer and found seven of them in his possession; his name is Philip Cheesman .

How many had you bought for Mr. Bulkeley? - Thirty-three in the whole; there were eleven missing at that time; I knew them by their being of the sort that I bought. I picked them out; they were marked with a single B, but their mark was grown out; I knew them more by the sort and their being bald-faced than by the mark.

Can you from those circumstances take upon you to say that these seven bullocks were part of those lost from Mr. Bulkeley's? - I am certain of it. After I had found them, I went to Mr. Wooden's and found a pair there with Mr. Bulkeley's mark, R. B. on the horn; he had had that pair in his possession for four years.

They were not among the thirty three you bought for him? - No; I bought them for him at a different time.

Are you sure those two were past of those which were lost? - I am sure of it; I went to the justice and swore to them and came home again; I did nothing else.

When was the last time the bullocks were in Mr. Bulkeley's possession? - About the 3d or 4th of last month.

When was it you saw them at Horsham? - About the 19th of the same month, I am not quite certain as to the time.

PHILIP CHEESMAN , sworn.

On the 9th of September I bought seven bullocks at Crawley-fair.

Where is Crawley? - In Sussex, between Horsham and Ryegate.

Who did you buy them of? - A young man who told me his name was Newham; the prisoner is the man I bought them of to the best of my knowledge; I do not think there is any doubt of it.

Can you take upon you then to say that the prisoner is the man? - Yes I can; I bought them in the open fair; they are now in my grounds.

Did you see the last witness come to your grounds? - No; I was not at home; I have more bullocks in my grounds.

EDWARD WOODEN , sworn.

I live at Horsham; I bought two bullocks of the prisoner at Crawley-fair on the 9th of September. Davis came to me about three weeks ago to look at the bullocks to see if they belonged to a gentleman who had lost some. I showed him them; I had no others; they were both marked in the horn, but I never discerned the mark sufficiently to take notice of it.

To Davis. Where were the bullocks lost from? - Enfield Chace, from the new enclosure. I had not seen them for two months before they were missed. I saw them at Horsham; I was ill at the time they were missing and could not go out.

PRISONER's DEFENCE.

My Master, Mr. Bulkeley, gave me the bullocks to look after and to sell them for him if I could; I took them to the fair and sold them; I got rather in liquor and had my pocket picked of the money, and durst not face my master till I got some more money to pay him; when I heard he had sent somebody after me to take me, I surrendered myself up to him.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-11

485. PETER DUBOIS was indicted for burglariously breaking and entering the dwelling house of Susannah Walker , spinster , about the hour of three in the night, and stealing twenty-seven pewter plates, value 30 s. a silver cream-pot, value 10 s. a silver punch-ladle, value 3 s. two silver table-spoons value 10 s. five silver teaspoons, value 10 s. a pair of steel snuffers, value 2 s. a linen tablecloth value 2 s. three linen napkins value 3 s. three linen towels, value 3 s. a diaper towel, value 6 d a cheque linen apron, value 12 d. twelve 1 b. wt. of beef, value 5 s. five 1 b. wt. of wheaten bread, value 5 d. and one 1 b. wt. of butter, value 6 d. the property of the said Susannah, in the same dwelling house , September 27th .

SUSANNAH WALKER , sworn.

My house was broke open in the night of the 27th of September last; the several articles mentioned in the indictment (repeating

them) were taken out of the house. None of the family heard any noise in the night or at the time when the burglary was supposed to have been committed. All that I know myself respecting it is, that I was alarmed in the morning by Miss Forbes who was in the house, by whom I was informed that a robbery had been committed, upon which I went down, and found the things I have mentioned had been taken out of the house; upon the matter being known in the neighbourhood, a suspicion sell upon the prisoner. Some of the pewter plates which had been lost out of the house upon that night, were brought to me in the afternoon of the 28th, which is the day on the morning of which the robbery had been committed; they were brought to me by King; William King and another man went to the hay stack, where the plates were found, and the prisoner was afterwards apprehended and carried before Sir John Fielding : this is all I know of my own knowledge respecting the burglary.

ALEXANDER CHRISTIE sworn.

I am the grandfather of Miss Walker; I live in the house with her. All the doors and windows had been barred by me the night preceding the robbery.

ANN WOODFIELD sworn.

I am servant to Miss Walker; I am the only servant in the family. About six in the morning I came down and found the door which leads into the back garden, and the middle door that opens into the kitchen both open; I did not observe on the night before whether these doors were fastened, but the door into the kitchen appeared to have been forced open from the hinges at the top wide enough to put in the arm, and the bolts had been drawn open; there were no marks of violence upon the outer door, it stood as if it had been opened in the usual way; it was fastened with two bolts, but there was a breach in the tiling over the door, and I think that the hole made there was large enough for a man to get in at. I went immediately and alarmed Miss Forbes, who alarmed the rest of the family.

To Susannah Walker . When you were alarmed in the morning and went down stairs, did you observe at all the state of the house? - Yes.

Did you observe the situation of the door into the kitchen? - Yes; the person had first made his way through the tiling out of the wash-house into the kitchen.

Was the hole in the tiling large enough for a person to come through? - I think so.

The back door was not forced, but the middle door was forced? - Yes; the middle door opens outward; the upper hinge on the outside was forced off.

What were the fastenings of that door? - Two or three bolts, I think; my grandfather can answer that question better than I can.

Had any of those bolts been forced open or did they appear to have been drawn open? - They appeared to have been drawn open; there were no marks of violence on the bolts.

How wide is the door? - It is a common size door.

Were these bolts so placed that a man's arm going in at the top could reach all these bolts? - I cannot say whether there is a bottom bolt or not.

To Alexander Christie . How many bolts are there to the middle door? - Two bolts; the one is about the middle the other towards the upper part.

About what height is the door? - About six feet.

Did you observe in what state the hinges of the door were in, in the morning when you first saw it? - The upper hinge was torn off.

Was the lower hinge at all taken off? - No; the upper one was forced open so that he might reach the bolts.

Are you sure that a man's arm being put in where the hinge was forced, could reach both the bolts? - The door was open so that he could reach the farther part of the door.

WILLIAM KING sworn.

I carried twelve pewter plates to Mrs. Walker, which I got from Samuel Powell ; Powell brought them up to me in Mrs. Bush's hay lost in a truss of hay.

SAMUEL POWELL sworn.

I found the plates, which I delivered to

William King , under some hay by Mrs. Bush's hay stack. By my mistress's order I put three of them there again as a decoy for whoever had hid them.

William King . On the evening of the 28th, my mistress ordered me to go and watch the hay stack; I did not chuse to go alone, therefore got James Foster and Nicholas Mason to go with me; they are not here. Three of the plates were laid in the haystack. Some time after the clock had struck eight, I saw the prisoner come and look round the hay stack, and lift up some of the loose hay about the place where the plates were laid; I did not give him time to do more, but immediately called to him to stop, upon which he ran away; I pursued him, and I apprehended him before he had got two hundred yards; I called him by his name and asked him what he did there; he said he came to sleep there; he said he was quite innocent of the robbery. Afterwards when he was carried before the constable at the Rose and Crown, he was searched; he still persisted that he knew nothing of the matter; he was searched and nothing of Mrs. Walker's was found upon him; but upon searching the hay stack we found some other table linen, a pair of snuffers, and some other things that belonged to Mrs. Walker, in the hay. I gave these things to the constable; he is not here. At Sir John Fielding 's the prisoner said, being asked who broke the house, that he had done it, and that Tom Dag had assisted him; he said he had sold the plate to two pawnbrokers. There was not any promise made him to induce him to make this confession. On the Wednesday following, the pawnbrokers men appeared at Sir John Fielding 's and produced a milk pot, some spoons, and other things.

GEORGE M'LANE sworn.

I am servant to a pawnbroker in Bishopsgate-street. I remember the prisoner bringing two table spoons and a silver punch-ladle to my master's shop about ten or eleven in the morning of the 28th of September to sell; they were about the value of twenty-three shillings; I bought them; the punch ladle was marked M W M; one of the table spoons was marked in the same manner, the other had a crest upon it. Upon questioning the prisoner about them; he said they belonged to his father, that his name was Matthew Webb , and he kept a public-house at Tottenham.

ROBERT BECK sworn.

On the 28th of September I remember the prisoner's coming to my master's shop; he brought a silver milk pot and five silver spoons; he left them there. Whether they were bought, or what was given for them I cannot tell.

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

PRISONER's DEFENCE.

I went to lie at that hay-stack, where the people who took me said these things lay; I went to pull the hay up where these plates lay; the two men, who were fixed in the ditch, jumped out; I ran away; they catched me in the plowed field, and knocked me down. They took me to the Rose and Crown at Tottenham-cross, and examined me; they found nothing of the lady's property upon me; they put me into the cage for examination next day. I was coming up to look for work on the morning when they said these things were stolen; I found them in a handkerchief; I came to London and sold them. At night I came to lie in the stack, and they took me in the plowed field. I know nothing of the robbing the house.

For the Prisoner.

MARY BAILEY sworn.

I have known the prisoner about ten years, and his father and mother; I never knew any thing of him but that he was a sober, honest fellow. He is a day-labouring man ; his father is a carpenter.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-12

486. WILLIAM PRUDENCE otherwise GENTLE was indicted for stealing a wooden box, value 1 s. two red Morocco pocket-books, value 6 s. and eighteen black

leather pocket-books, value 27 s. the property of John Mott , September 22d .

STEPHEN JONES sworn.

I am a ticket-porter. Upon the 22d of September at half after seven o'clock I was at Bishopsgate church , Charles White , a brother porter was with me; we saw some persons whom we thought very suspicious people; we saw a waggon come out of the Green Dragon and Bull, which we suspected they had taken something out of; I went as far as the One Swan gate; I saw the prisoner and two others there; the prisoner had a box under his arm; I laid hold of him and he dropped the box; I desired White to take the box, and I secured the prisoner; we carried them both to the Marquis of Granby's-head.

CHARLES WHITE sworn.

I took up the box and carried it to the public-house; I gave it into the publican's hand; it was kept there till the constable came to take charge of the prisoner; the box was carried before Mr. Alderman Alsop, the next day, which was the 23 d; then the property was taken out.

Was the box opened before that? - No; when it was at the publick-house it was delivered to Mr. Godfrey.

- GODFREY sworn.

I am a constable. I was sent for; I went to the publick-house, and found the prisoner in custody and the box on the table; I took the box to my house; it was never opened till we went before the alderman; I went round to the several inns to find out where the box came from; the last I went to was the Castle and Falcon Inn, there Mr. Mott told me he had lost such a box.

Where is the Castle and Falcon? - In Aldersgate-street. The next day Mr. Mott appeared, and the prisoner was taken before Mr. Alderman Alsop; the box was opened and contained parcels of this kind (producing the parcels of pocket-books)

JOHN MOTT sworn.

I know nothing of the affair; the goods were in my care, I was accountable for them.

When were they in your care? - On the 22 d of September.

THOMAS BUNCE sworn.

I am porter to Mr. Mott. On the 22 d of September I took this box from the Castle and Falcon, in a cart, to Mr. Johnson's in Bishopsgate-street, opposite the church; while I was delivering some things there the box was taken out of the cart.

Can you tell whether it was in the cart when you got to Mr. Johnson's? - I had it in my hand, and missed it about ten minutes after; it lay on some bags of nails, which being heavy, were laid in the bottom of the cart; I moved it to deliver the nails; I missed it as the cart was going on; when I laid it out of my hand I put it farther in the cart; I was never out of the cart; I delivered the bags out to the porter; I imagine it must have been taken while I was moving the nails.

PRISONER's DEFENCE.

I am a weaver. As I was coming along Bishopsgate-street, a man asked me to hold the box while he put a handkerchief upon his head; I laid hold of the box; while I had hold of it the men came and laid hold of me; I dropped the box, and the man ran away.

(The prisoner called eleven witnesses, who all gave him a good character.)

NOT GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

Reference Number: t17791020-13

487. JOHN STAPLES was indicted for that he in the king's highway, in and upon Thomas Harris Carzey , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two guineas in monies numbered, the property of the said Thomas , September the 10th .

THOMAS HARRIS CARZEY sworn.

On the 10th of September I had been into Piccadilly, on a message, at near eight o'clock in the evening, and coming back up Park-lane, just by Grosvenor-gate, the prisoner overtook me; we entered into conversation; he walked along with me down as far as Berners-street, Oxford-road , which is

where I live; when we got to the corner of Berners-street he catched hold of me by the collar, and asked if I knew who I had been talking to; I told him I did not; he said he was one of Sir John Fielding 's men, and if I would not instantly produce him six or eight guineas he would swear an unnatural crime against me; he continued to hold me by the collar, which greatly alarmed me; he pulled me down as far as St. Giles's church, holding me by the collar and shoulder all the way, there he asked me what money I had; I told him I had but little money about me, the most I had was a guinea and two shillings; he swore a good deal, and said that would not do; he asked me if I had any friend I could borrow some of, for money he must have; I told him I had a friend in Bond-street that I thought I could depend upon for a guinea; he still kept hold of me by my shoulder and arm, and went as far as Bond-street with me.

At what time was this? - A little after eight.

Did he treat you roughly and violently all this time? - He used a great deal of ill language as he had me along.

Was there any force? - He had hold of me all the way.

Were there many people in the street at this time? - I do not remember that there were.

This was between eight and nine? - A little after eight.

Were there not a great many people in the street at this time? - I do not remember that there were; I was so afraid of my character, and so much surprised, that I did not know what to do to get out, of his hands. I went to a friend in Bond-street and borrowed a guinea; the prisoner seised me again when I came out, by the shoulder and arm, and asked me if I had got any money; I gave him two guineas immediately; he insisted upon it directly.

Did you give it him from a fear and apprehension of being carried before a magistrate? - Yes, I did. He continued to hold me till I gave him the money.

Did he then go away? - Not till after swearing a great many oaths; I promised to meet him next day, to give him two guineas more.

Did he leave you then upon your promising him that? - Yes.

Did any criminal familiarities pass between you and him at that time? - Never.

Had you ever known the man before? - I never saw him before in my life.

There was no toying between you was there, or any thing previous to this business? - Not the least in the world; I never saw him before in my life.

Did you meet him again; - Yes, on the day following.

Where? - At the Feathers in Oxford-road.

How came you to meet him again? - It was by appointment.

How did he know where you lived? - It was by my master's house he first seised me.

What passed at the Feathers? - Nothing particular.

Did you go into a room with him? - Yes, I did.

Was any body else in that room? - Several people came in whilst I was there, but nobody that I had any knowledge of.

Were you in a private room? - No, a public room.

How long did you stay there? - Half an hour.

Did you drink with him there? - He was drinking a pint of beer; when I went in he asked me to drink with him.

Did any thing in particular pass between you then? - Not any thing in particular.

How long did you stay there? - About half an hour.

How came you to stay so long? - I did not think it was so long at the time.

Then you passed the time in drinking and conversation? - No further than to beg I might never be troubled with him again.

And then you gave him the other money? - The other two guineas.

How came you to do this? - I considered I had a very good place, and a good master, and for fear of loosing my place I smoothed him a little.

What do you mean by smoothing him? - I talked to him very kindly, I did not use any ill language, but I desired to get rid of him.

Was that the same day you gave your boots to him? - No.

When did you see him afterwards? - Four or five days.

Was it by appointment you saw him four or five days afterwards, or by accident? - Not by appointment; he came to my master's house; one of the maids opened the door and let him in.

What time of the day was that? - Some time in the morning; I was at the pantry at work; the maid directed him down to me, not thinking any ill. He came down into the pantry to me; he asked me for more money.

Did he make use of any threats or any violence at that time? - Yes, he said he would give an information against me if I did not give him a guinea; I was ten times more frightened then than any time before, having a great deal of plate in the pantry.

Did you give him any money then? - No. He saw my clothes hanging up in the pantry; he said those clothes would suit him; I told him I thought he had had enough of me already; he said no, be must have them; he took them off, coat, breeches, and shoes, and went away directly. I was obliged to go into Gloucestershire for a fortnight; as soon as I came back again, the prisoner came to my master's.

How did he know when you would come back again? - I do not know how he found that out. He came in two or three days after I returned; I did not see him, but he left this note (producing it).

How do you know it was he that left this note? - The house-maid ( Sarah Harding ) who took the note in, said it was him, but she is not here.

Do you know his hand-writing? - Yes; I have seen him write; I have a good deal more that corresponds with it.

Is this his hand-writing? - I believe it to be so.

(The note read as followeth.)

Friend Thomas,

NOT having it in my power to call at two o'clock, according to promise, I made free to call at your house this evening, but not finding you at home, I have left you these few lines to acquaint you that I am still in distress for money and crave your assistance; therefore hope, if it is not in your power to meet me to-morrow at twelve o'clock, you will leave me a line at Mr. - 's.

The prisoner called the same day; my master was within; I was greatly surprised. He wanted a guinea; I gave him sixteen shillings, which was all I had.

Did he go away when you gave him the sixteen shillings? - Yes.

Did you ever see him after that? - The next day, I think it was, after that, he sent a chairman to our house, with two letters, my master was at dinner then, I have the two letters in my pocket, one in closed in the other, the one addressed to me, and the other to the house-keeper.

(The letters read, as followeth)

To Mrs. Tomkins, at Mr. Evans's, No. 5, Berners-street, London.

Mrs. Tomkins,

BEING well convinced of you along with your other fellow-servant having intercepted a letter of mine, addressed to your fellow-servant, on Friday night last; I here make free to acquaint you, that you and your companions may make yourselves ready for your defence and examination at Sir John Fielding 's, on Wednesday next, as I never submit to any such freedom with me and my connexions without exemplary punishment.

From your's, John Staples .

Bow-street, Monday 12 o'clock.

To Mr. Thomas Harris , at Mr. Evans's, No. 5, Berners-street, London.

Mr. Thomas,

AS I intend not to put up with so gross an affront any longer, I send this inclosed to the polite women in your house, that they may be convinced of their error; you may read it, and put a seal in it and deliver it to Mrs. Tomkins. I am ready at the corner to see you, but you are always ready to shun me.

Your's, John Staples .

What did you do upon that? - I went to him in the evening, to the Berwick Arms, the corner of Berners-street.

Did you deliver the letter to the maid? - No.

How came you to go that night? - I thought to take him the next morning.

What time did you go? - At seven o'clock; the porter that brought the letter said he would be there; I found him there; then he wanted more money; I told him I had not any, but if he would meet me at twelve o'clock the next day, I would get him some.

What means did he use to get money of you then? - All the same threats he had made use of before. I told him I would meet him at twelve the next day.

Was he satisfied with that? - Yes, he went away quietly.

Where did this conversation pass; in the publick-house? - Not in the publick-house, it was in the street.

Did you go into any room with him in the publick-house? - No.

Did you go out immediately? - Yes, immediately.

You did not stay to drink? - No.

How long were you with him in the street at that time? - Three or four or five minutes.

Did you meet him the next day as you proposed? - I went that evening to state the case at Sir John Fielding 's, and made a complaint against him, in consequence of which he was taken up the next day, and carried to Sir John Fielding 's.

Was you present when he was examined? - Yes.

Did you state the case before Sir John Fielding against him? - I did.

Did he deny it? - Yes.

The first time you met him in Park-lane he entered into conversation, and walked with you to Berners-street? - Yes.

Did you know him before? - No, I never saw him in my life.

What did you talk about? - About the soldiers, and one thing or another all the way down Oxford-road.

Prisoner. Whether it was in Park-lane or Hyde-park, that I saw you first?

Harris. I never saw him till he came out at Grosvenor-gate, and I saw him in Park-lane.

He came from the park? - Yes.

Prisoner. Whether we did not go into a publick-house in Park-street, and drink two pints of beer together?

Harris. Never in my life.

Prisoner. You are sure of that?

Harris. Very sure.

Prisoner. Whether I did not see you first within fifty yards of the gate that goes into Kensington-gardens in Hyde-park, did I or did I not?

Harris. I never was in Hyde-park that evening.

Prisoner. He says I took the boots and breeches from his master's house; whether he did not bring them from his master's house to the Red Lion, facing Grosvenor-gate?

Harris. I do not know where that is no more than the dead.

DAVID PROTHERO sworn.

Mr. Clarke, myself, and another officer belonging to Sir John Fielding , took the Prisoner.

Where did you take him? - In Berners-street.

In the street? - I believe in the street. I was watching at one end, and Clarke went up the street, and took him.

Did you search him? - Not till he came to Sir John Fielding 's, he was searched there.

What did you find upon him? - Nothing upon his person. I went to search his lodgings, and found these things (producing a pair of shoes, a pair of boots, and a pair of nankeen breeches) which the servant says he took from him; the prisoner gave Sir John Fielding a direction to his lodging. I had the things of his wife.

Prosecutor. These are the things he had of me in the pantry.

Are you sure they are your's? - I am.

To Prothero. Was you present at the examination at Sir John Fielding 's? - Yes.

What did the prisoner say to the charge? - He denied it, and made a terrible defence, that is not proper for me to mention.

He alledged that indecencies passed between him and the prosecutor? - Between the prosecutor and another gentleman, he said he saw them in the very act of Sodomy in Hyde-park.

What did he say to the things that were produced? - He said he had them of this man.

He was committed after this examination was he? - Yes.

Was the examination of Carzey taken in writing then? - It is in court; I believe I brought it myself. The prisoner said that the first night he charged him they went to the Golden-Lion, and drank pretty freely there; the publican was at Sir John's; the prisoner sent for him in his behalf.

What is his name? - I cannot say. Essom, I believe, or some such name. I know the man by sight very well.

Is he here? - I do not know.

PRISONER's DEFENCE.

My Lord,

Upon the 10th of September, between five and six in the evening, I was in Hyde-park, along with a great many more of my acquaintance, seeing the Westminster voluntiers exercising against the new battery that is raised at the wall towards Basewater, almost at the gate that leads into the garden. I staid some time among the croud; there was a gentleman who I thought seemed to have a desire of conversing with me from his looking very earnestly at me. I looked at him, but did not know him, and therefore inclined to a different part of the crowd. As soon as the exercise was over I saw this gentleman and the prosecutor walk off together; seeing him take such notice of me I followed them towards Kensington-gate; when I came near the gate the prosecutor and this gentleman were arm in arm together; when they saw me they separated, the prosecutor went towards the gate; we joined in company, and began to talk concerning the soldiers exercise till we came into the hollow of the park, where there was a grove of trees and two springs; he asked me to drink a glass of water; he said he had a glass in his pocket; we went to the well, and each drank a glass or two of water; we came softly from the well; he asked me which gate I went out at; I said it was immaterial; he said he was going to see a friend in Piccadilly, and asked me to go with him. I said I had no objection. When we were under the trees this gentleman that was with him came up; I said that is the gentleman you were in company with; he said I do not know upon my word, very likely it might. We said nothing to the gentleman, nor he to us. As we were walking towards the road to go to the gate to go to Piccadilly, we had a dispute about a tree, he said it was on one side of the road; I said it was not; he said he would lay me a pint of beer of it, and said that will not hurt you nor me; he clapped his hand on my shoulder; we came to the tree; I found it was on the side he had said it was; he said he had won the wager; I said he had; and we would have the beer at the first publick-house; he said then as it was so late he should not go to Piccadilly, but would go out at Grovesnor-gate; we then came from the tree; he kept his hand on my shoulder, and we came out at Grosvenor-gate. I then asked him to go into Mr. Essom's, the Golden-Lion; I told him it was a house I frequented; he said he had rather go a little farther up the street; we then went into

Mr. Gilbert's, the Barley-mow, in Park-street, and had two pints of beer, I paid for one and he for the other. I was then going to bid him good night; he said I should not leave him yet; we walked down Oxford-road to Berner's-street; we came to a door; he said, "I live here; my master is at home, d - n his eyes I thought he would not sup at home to night;" he said he was going to call upon a person, but he would not go in. He kept his hand upon my shoulder, or rather round my neck. We went up to the Middlesex-hospital. I was going to leave him; he would not let me; he said he was going but a very little farther. I said I did not like it; I thought it dangerous; it was a very lonesome place. He said it was only a pleasant walk, and but a little farther. I found he was going into the field. He then used some indecencies; he rubbed his face against mine. I told him I was not such a man, and would not suffer such usage. He rubbed his hands along my breeches, and things of that kind. We then came back. I said he was a very bad man, and so I believed was the person he was with, and I had a mind to have him taken up to bring them both to justice. He said he was a very innocent, harmless, honest man, and begged my pardon, and offered to go down on his knees. He then asked me to go and drink, and we walked up to the end of Oxford-road together as far as St. Giles's church. He said he would be a friend to me if I would forgive him. I said I would forgive him if he was sensible of the crime he had attempted to commit. He said he was very sensible of it. I asked him if he had any connexion with the gentleman I saw him with. He said he never had, and did not know him. He desired me to accept of any thing that he had. He said he had very little money about him. I said it made very little difference, I could see him at another time if he would give me his address. He begged that we might not part that evening till we had had some more conversation together; that he was going to call on a friend in Bond-street. We went together arm-in-arm to Bond-street. He said at the end of the street if I would wait there he would come to me. He went to a house and knocked at the door, and I suppose spoke to somebody. He came to me, and said he had some money at home, but he could not go in to get it, for fear his master should order him to wait at supper, and he could not come out to me again. He gave me a piece of money in a paper, which was a guinea, and said he had a bottle of wine in his pocket that he meant to give to a friend, and desired me to take it. I said I would not; that my family would wonder how I came by it. He put it into my pocket, and made me have it, and said he should be the most unhappy creature if I did not meet him at two the next day at the Feathers, a publick-house facing Blenheim-steps. I went at two o'clock; he said he had been there two or three times to see for me, and said he was afraid I should not come. He gave me a guinea that day, and begged I would never want money; that he would always be a friend to me. I refused the money; he insisted on my taking it. I then asked him again if he knew that gentleman; he said he never saw him before. I said that it was likely that on Monday night he would have a probability of seeing him again in Hyde-Park. He asked me it I would be there. I said no, I did not design it, but I would if he desired me. He desired I would, and I accordingly went and saw this gentleman there again, and he walked up to this young man, and seemed as if he asked him to go aside with him; he looked at me as if he meant to ask whether he should go or not. I fled from them to the other side. At the end of the firing I saw them walk away as they did before; they walked the same road as they did before. I walked backward and forward, and saw them in very close conversation together. I stood behind a tree that they might not see me. I took notice of them. I saw them in the most indecent posture imaginable. I got from behind the tree, and went up to them. The young man fled from me. I laid hold of the gentleman. The young man then came up, and said he was glad that I came up, for he never saw such a man in his life; that he was like to tear him all to pieces. I laid hold of the gentleman, and said I was sorry to see them guilty of such practices. The gentleman wanted to push himself from me. I said I would not quit him till I got assistance to take him before a magistrate. We walked in the Park an hour, during which time he offered me any thing he had in the world; he drew out a gold watch, and offered me that, and said if I would go to the Thatched-House tavern he had something that would please me. I said I would not have any thing of him, and would not quit him, if I staid all night. He said I see you are a good-natured man, and that it would hur me very much to put a man to such a trial as I could put him to. I said I would do it. Then he walked to the gate that goes to Piccadilly. He said he would go to any house, that the matter might be investigated. As soon as we got out of the Park he made a push, and got into the Green Park. I called to the people to stop him; they did not observe me. I followed him into the Green Park, and overtook him by the trees where the rookery is. I said he now convinced me that he was a worse man than I thought he was, and I would not quit him till I got assistance to secure him. He got me down to the trees where there were some more of the same sort of people. I was frightened and quitted him, and was glad to get out of their company, and I never saw any more of him from that time to this. On the 15th I went to this young man's master, and asked for him; the maid said he was not at home, but he would be in presently; he came in, and took me into the pantry. I talked to him about this man. He persisted in it that he did not know him. I said he did. We talked in the pantry of the scantity of clothes his master allowed him. He said the boots that hung up in the pantry he brought out of the country; he said he was going to sell two pair, and thought they would not fetch him above half a crown, and he asked me if I wore boots, I said no; for since I had hurt my leg I never wore any. He asked me if I would have a pair of the boots; as he set so little a value as half a crown upon both, I said I would have a pair of them, but I could not take them with me at that time. He put on a pair of the boots, and said he was going into the city to his master, and should be glad to see me in the evening. I told him I should be at the Golden Lion, at seven in the evening; he came in the evening, and brought a pair of boots, and a pair of nankeen breeches. When he came into the room he seemed to be in a violent hurry. I asked him what was the matter; he sat down and told me that his master had turned him away at a moment's warning. I said I was sorry, for it. He said he did not care, he was glad he had parted with him, as he was a bad man, and he was tired of his service. He said he was going down into the country to his aunt, who was at the point of death, and would leave him a good deal of money. I saw a letter from his aunt, which said she was at the point of death, and would be glad to see him. I advised him to go. He went down into the country. He opened a handkerchief, and gave me the boots and nankeen breeches. I said I thanked him; it was more than I expected. He told me he had more things for me. I said I did not want any more. We went from thence to another house at the end of Park-street. He said he would have another pint of beer. He told me he had a good deal to say to me, but he did not like to say it in that house where I was known. He said he had received seven guineas of his master; he gave me two wrapped up in a paper. I said I did not desire them; he said he should have enough when he went into the country, and insisted on my taking them. He made me promise to meet him the next day at eleven o'clock, as he was going into the country. I went to the Golden-lion, which was the place appointed; he did not come. I left a line there, that if he came I would meet him at twelve o'clock. He came just after I was gone as the waiter told me, and left me a note that he would come at my time. I met him there; we drank a pot or two of beer and then went up into a bowling green at Mary-le-bonne. There we drank a bottle of ale; he insisted we should drink tea together, which we did in the gardens. Then we came to town, to the White-horse Cellar, there he took the coach at eight o'clock, and gave me a direction where to write to him at the George at Stroud, in Gloucestershire; I gave him a direction to me; he told me his name was Thomas Harris . I wrote to him about ten days after he was gone; in about a fortnight after I went to his master's to ask the housekeeper if he was come to town; I knocked, and he came to the door; I said I was surprised to see him there, as he told me his master and he had parted; he said his master told him he might come into the house again, but he would only stay till he could get another place; I went down into the kitchen and staid dinner; he said my hair wanted dressing, and if I would sit down he would dress it and shave me; he begged I would always come, and not be a stranger to him, that he should always be unhappy if I did not leave a line when it was not convenient for me to speak to him, and I did once or twice. This prosecution I believe to be brought against me by the person he was with, that they might not be brought to justice; and he has perjured himself in almost every part of the trial; there were no witnesses present, therefore I cannot call any. I told this story to the gentlemen that frequent Mr. Essom's; I believe they were all here to-day; but as they thought my trial would not come on, I do not know whether they are here.

Carzey. He sent for the publican, Mr. Essom, to Sir John Fielding 's, and he (Mr. Essom) said he never saw me with him in his life.

To Prothero. Is that true? - Yes; and he said, why did he send for him to hurt him; for that he had charged another man in the neighbourhood in the same stile, who quitted the neighbourhood on account of it.

For the Prisoner.

TIMOTHY BROWN sworn.

I have known the prisoner about ten years.

What is he? - Something in the Excise; when he was at Carlisle I knew him there. I am but lately come to town; last July was the last time I saw him.

JOHN HARWOOD sworn.

I have known the prisoner four years; he has a good character.

GUILTY ( Death .)

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-14

488. BENJAMIN LEES otherwise BENJAMIN LEE was indicted for feloniously and traiterously counterfeiting and coining a piece of false, and seigned, and counterfeit money and coin, to the likeness and similitude of the silver coin of this realm, called a shilling, against his allegiance , and against the statute, March 12th .

(There was not any evidence given.)

NOT GUILTY .

Reference Number: t17791020-15

489. TIMOTHY FITZPATRICK was indicted for stealing a gold mourning ring, value 20 s. a pair of silver tea-tongs, value 6 s. five silver tea-spoons, value 10 s. and ten guineas and twelve shillings in monies numbered, the property of Thomas Martin , in the dwelling-house of the said Thomas , December 12th .

THOMAS MARTIN sworn.

I keep the Barley-Mow, a publick-house, in Whitechapel . The prisoner lodged at my house five weeks; the first three weeks he lodged in the garret; for about a fortnight he lodged in the two-pair-of-stairs room. On the 12th of December I missed the things mentioned in the indictment, (repeating them) they were taken out of a tea-chest, which was in a box that was kept locked; they were both broken open; I missed the goods and money at about eleven or twelve at night; the prisoner had went up stairs about an hour before, to go to bed; he came down stairs again; the outward doors were locked; we found this tea-chest broken open, lying in his room, with a trowel, and bricklayer's apron near it. The prisoner went out of doors that night, and never returned again.

ELISABETH MARTIN sworn.

I am the wife of the prosecutor. I had the key of this box; about an hour before I had been up stairs to fetch down two guineas worth of silver for a customer and I carried up two guineas with me; I looked into this box, there were then eight guineas, two guineas I carried up, which made ten guineas, and thirteen shillings and sixpence in silver in the box; when I found the tea-chest above stairs there was sixpence left in it, and a shilling was dropped in the room; I counted the money; I saw at that time the mourning ring, the tea-spoons, and tea-tongs. As I was going up stairs, about eleven at night, in order to shew a man this room, I met the prisoner coming down stairs; I said, Lord, I thought you had been a-bed long ago! he said, yes, ma'am, I was, but I was d - n - n dry, I must get up to have a pint of beer or some water; he went down stairs, took a pot, opened the door and went out with a pretence to get some water; I went up stairs with the other man into this room; I saw the tea-chest there, but took no particular notice of it; soon after my husband called out, take care every thing is safe, for I have been robbed, the box is unlocked; I said I had locked it; I went-up stairs; I found the outer box broke open, and the tea-chest taken out and broke open, and robbed of its contents.

THOMAS ARSTON sworn.

I took the prisoner, hearing there had been a robbery committed at the Barley-Mow; I asked the prisoner if he did not lodge at the Barley Mow; he said no, he did not know the Barley-Mow.

Court to the Prosecutrix. Was you with the man that you shewed the room to while he was in that room? - I was.

Did any body else lodge in the house? - Two more men, but neither of them came in till after the money was stolen.

PRISONER's DEFENCE.

I owed them a little money; they let me whitewash the tap-room cieling, kitchen, and a club-room cieling; I paid off three shillings by working; I owed them nothing then. The occasion of my leaving them was, they let the room for eighteen-pence a week to another man; that was the reason of my leaving the house. When I lodged in the garret I got a violent cold; then I moved down and did not like to move up there again. I first lodged in the garret, then came down to this room.

Court. What was the prisoner to pay for that lower room? - One shilling a week; I told him till I got a lodger for that room, he might lie in it as it was a better room; he had it at the same price.

For the Prisoner.

GARDINER HOARE sworn.

I am a bricklayer. I have know the prisoner thirteen years.

What is his general character? - At the time I was employed at the same place he was, he had the key of his master's shed, and took care of every thing he had in his business, that was from the year 1766, for seven years forwards, whilst I was apprentice. I have since that seen him continually at work, at times, down to the present time.

You believed him to be an honest man? - I have always heard so.

Is he a married man? - Yes.

Prisoner. I have a wife.

To Mrs. Martin. Did his wife lodge in your house? - No, we never knew that he had a wife.

CHARLES GRUBB sworn.

He bears a good character; I have known him nine or ten years; he had a house during that time in my neighbourhood; he bore a good character; his wife is a drunken woman, and they often disagreed.

GUILTY ( Death .)

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

Reference Number: t17791020-16

490. ABRAHAM PROSSER was indicted for stealing 16 lb. wt. of brown sugar, value 4 s. the property of persons unknown , September 17th .

BARNABAS LINTON sworn.

I take care of the sugars on the quays for the West-India merchants. I know nothing of the fact.

JOHN FARREL sworn.

About three weeks ago our constable ordered all the headboroughs out a pressing; going along a little beyond Shadwell church, we saw the prisoner and another man; the prisoner had a bundle under his arm with the sugar in it; I took him to the watch-house with the sugar, and the next morning before Justice Sherwood, he said there that a chief mate on board of a ship gave it to him. I went for Mr. Linton to prosecute for the merchants.

PRISONER's DEFENCE.

I got the sugar on board a ship.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-17

491. SARAH STILLWELL was indicted for stealing 19 yards of black silk, value 4 l. a stuff petticoat, value 9 s. four yards of tammy, value 2 s. 6 d. eleven yards of olive coloured silk, value 40 s. a sattin petticoat, value 20 s. two yards and a half of black silk, value 5 s. and ten yards of bombazeen, value 10 s. the property of Hugh Hughes , in his dwelling-house , September 25th .

RICHARD WYNNE sworn.

I am shopman to Mr. Hughes, who is a silk-mercer , at Charing-cross . On the 7th of September, I missed some olive coloured lustring, about two or three and twenty yards, and a sattin petticoat; I made an enquiry, but could get no intelligence of them.

When had you seen those things? - Not for some time before. I had been in the country; the petticoat had not been made, to my knowledge, above a week. On the 25th of September I missed the black silk; I suspected the prisoner; I had no suspicion of her before that; she was servant to Mr. Hughes.

Did you miss any thing else that day? - I did not, because it was late in the evening and I had no opportunity of making application to the books.

Where was the silk that morning that it led you to suspect her? - It lay on a compter close to the stairs that she went down to go into the kitchen.

Do the stairs come down into the shop? - They do; I advised with Mrs. Hughes, Mr. Hughes was out of town.

When did you last see that silk in the shop? - On Thursday evening I shewed it to a customer; it lay upon that compter; they are locked within shutters in the night; I missed it on Saturday afternoon about four or five o'clock; I asked the two apprentices if they had seen it; they could give no account of it; I communicated it to my mistress, and insisted on having a constable to search the house as I suspected it was in the house, but upon enquiry, I thought it not necessary as I found the prisoner had no large boxes to keep clothes in; my mistress examined every where in the house that she could think of but could not find it; I enquired if the prisoner had been out that day or the day before; I found she had not, and imagined she would take the silk out that night if she had it, and I was determined to watch her; I found she was going out between eight and nine o'clock; I went out before her, and crossed the way to watch the door; I saw her coming out, it happened to be very light that night.

Was it moon-light? - I believe it was; but there are many lamps about Charing-cross; when I first went out I saw a woman standing near the door; it struck me then that the woman who stood there was an accomplice of her's; when the prisoner came out she pressed this woman, made a stop, and looked at her and she seemed to call to her.

Did you hear her? - No; I was too far off; She passed the woman; of a sudden she stopped and went back a little, and she peeped as if looking for this woman; then she proceeded, and stopped again a little below Northumberland-house; I stood still to observe what might pass between the woman and she; the woman did not come after her; somebody came out of our house, whether she was aware of them or me I cannot say.

Did she speak to that woman afterwards? - She did not; I crossed the way and

intercepted the prisoner, and asked her where she was going; when I came up to her, I saw she had a large bundle in her apron; she made me several trivial answers, which I cannot remember; I think she said the bundle contained foul linen, but I am not certain to the answer she made; I took hold of her and said Sally, I am afraid you have got some of Mr. Hughes's property here; she said, indeed I have, I beg your pardon; I took her in doors and opened the bundle, in which I found about eighteen yards and a half of black silk, a stuff petticoat, and a piece of stuff (producing them) the silk was cut and doubled up in small quantities.

What is the value of this silk? - About 4 l. she was conducted up stairs, and asked why she had done so, and in the mean time, I sent for a constable to search her pockets; I asked her about the other silks she said she did not know any thing of them.

Did you make use of any threats when you said you thought she had Mr. Hughes's property? - No.

Nor promises if she would make a discovery? - No; I said when she was taken up stairs, if she expected any kind of mercy she had better confess where the other things were, for I thought she must know; she said she did not know any thing of them.

Did you say any thing of that sort before? - Not a syllable; the constable took charge of her and examined her pockets, and found a number of keys, which she said belonged to some boxes she had out of doors, and two of them to a tea-chest and small box below stairs; I desired they might be brought up and in the tea-chest under the cannister were found a number of pawn brokers duplicates; which led to the discovery of the other goods we had missed, and some that were not missed; she said that now, as every thing was come to light, she would confess the whole.

(The duplicates were produced in court and road.)

Did you find any thing in the box? - Nothing at all; she was that evening sent to the watch-house; she gave me information who the pawnbrokers were that the duplicates belonged to; I went the same night to the different pawnbrokers, and found the things; their names are Richards, Weston, and Smith, they are here.

THOMAS RICHARDS sworn.

I am a pawnbroker at the corner of New Round-court, in the Strand. I have a silk petticoat and a remnant of silk; they were pawned at my shop by Sarah Stillwell , the silk on the first, and the petticoat on the seventh of September.

Did you ask her any questions when she brought them? - She had been frequently at our shop for some months before; she had often brought wearing apparel of her own and took it out again; we had no doubt of their being her own. There is about two yards of the silk, the petticoat is new. (They were produced in court.)

Wynne. The petticoat answers the description of that we missed; here is a woman in court who can swear to the quiking of it.

WILLIAM WESTON sworn.

I am a pawnbroker at the corner of Hyde-street, Bloomsbury. I have a piece of silk, containing about eleven yards, it was brought to me by one Elisabeth Parker , on the 7th of September.

Do you know who Elisabeth Parker is? - I do not.

Wynne. Elisabeth Parker was taken up as an accomplice, but Sir John Fielding bound her over to give evidence, but she has not been seen for several days.

To Weston. How came you to take eleven yards of new silk of her? - She had been at our shop before, she made a very general appearance.

JAMES SMITH sworn.

I am a pawnbroker at the corner of Thacker's-court, in Vine-street. I have here ten yards of bombazeen (producing it) which was pawned at our house on the tenth of September, by the prisoner in the name of Hinson, for twelve shillings. I asked her if it was her own property; she said yes; I asked her where she lived; she said at the Golden-cross, Charing-cross.

Wynne. I cannot swear to the bombazeen

I missed a piece of the same quality and length.

Was the duplicate of that found among the duplicates in the prisoner's possession? - It was.

What is the value of it? - Twenty shillings.

RICHARD BOTT sworn.

I am a constable. I searched the prisoner, but found nothing on her person, except a bunch of keys. The tea-chest was brought up stairs. I unlocked it, and under the cannisters in the three different holes, I found the pawnbrokers duplicates.

Did she tell you it was her tea-chest? - Yes; Mr. Wynne took an account of them all on a piece of paper at the time (looks at the duplicates). Those are the duplicates. I went with Wynne to the pawnbrokers to find the goods.

Prisoner. I have nothing to say in my defence.

To Wynne. Do you know exactly when the things were taken? - The black silk I can swear was in the shop two days before, as to this petticoat there is a mark of my own upon it, so that I can swear to it.

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-18

492. WILLIAM THOMPSON was indicted for stealing a linen sheet, value 2 s. a linen waistcoat, value 1 s. and a linen bed-gown, value 1 s. the property of George Handasyde , Sept. 19th .

ELIZABETH HANDASYDE sworn.

I am the wife of George Handasyde . My husband is a schoolmaster at Watford. We lived at Hornsey at the time these things were lost. I did not miss them till the prisoner came and acknowledged he had got them. I think that was on the 21st of September. He said he had taken them out of the garden. He was brought by two men, who have never appeared since they were at Hicks's hall.

MARY BOOTH sworn.

I keep a publick-house, the Queen's-head, at Crouch-end, Hornsey. On Tuesday the 21st of September the prisoner brought these things to my house at about nine o'clock at night. I desired him to go away at about ten o'clock. He said he had no money to pay for his beer, and he must leave these things. I refused to take them without knowing what they were. I found they were wet linen. I asked him where he got them. He said he brought them from his wife in town. He left them with me, and promised to come in the morning for them, but did not come till the evening. He then wanted me to buy them. I said I was surprised he should ask me such a thing. He said then he would fetch somebody to have them. He came again afterwards with two men he had surrendered himself to.

Prosecutrix. The prisoner, and the two men, came to me. The linen was washed on Monday the 20th, and hung out to dry the next day.

PRISONER's DEFENCE.

I was coming along, and a man gave me the things. I told Sir John Fielding 's men of him but he could not be found.

Prosecutrix. The prisoner said another man took them out of the garden, and he stood at the pales, and received them over the pales.

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

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

[Whipping. See summary.]

Reference Number: t17791020-19

493. ANN MORRIS was indicted for stealing four check bed-curtains, value 5 s. a head cloth, value 1 s. a tester cloth and vallance, value 1 s. a silver tea-spoon, value 1 s. a pair of linen sheets, value 10 s. and a window-curtain, value 1 s. the property of Richard Baggs being in a lodging-room, let by contract, by the said Richard, to the said Ann , against the statute, &c. May 1st .

MARGARET BAGGS sworn.

I am the wife of Richard Baggs . We live in Castle-street, Oxford-market . The prisoner lodged at our house; she took the lodgings before Christmas last, and staid in them till the latter end of May; she then locked up the door, and went away, keeping possession of the lodgings. Sometimes she paid, sometimes she did not pay. Suspecting, by her not coming back again, that she might have embezzled my goods, I broke open the door, and missed these things; in consequence of that the prisoner was taken up. She acknowledged she had pledged them at a pawnbroker's in Drury-lane. I went there, and found them.

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

PRISONER's DEFENCE.

I intended to redeem them, and replace them.

GUILTY .

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

[Whipping. See summary.]

Reference Number: t17791020-20

494. WILLIAM VANDEPUT was indicted for escaping from the lighters, and being found at large before the expiration of the term for which he had been sentenced to hard labour on the river Thames, for the benefit of the navigation , April 7th .

[ John Marshall produced a certificate, signed by Mr. Deacon (Clerk of the Arraigns for Middlesex) of the conviction of a William Vandeput for grand larceny, and ordered to be confined to hard labour for the space of three years upon the Thames.]

CHARLES JEALOUS sworn.

I am one of Sir John Fielding 's men. I took the prisoner on the 2d of October in Holborn, in the parish of St. Andrew's.

Do you know whether he is the man who was tried here? - I was not present. I know it by report. I saw him in prison before he was brought to Newgate. He was in prison for stealing some handkerchiefs.

Prisoner. I was quarter-master on board the Infernal fire-ship. I came up to receive 300 l. prize-money. I had not been in London six hours before I was apprehended. I served my time to the sea. I have been on board the Infernal eight months. I was at the taking of six prizes off Havre-de-Grace.

To Jealous. Has he been at sea? - I do not know. I have not seen him.

Has he been on board a man of war since his escape? - I have heard people say so. I really believe he has.

Has he been about the purlieus of London? - No.

Prisoner. I served seven years in a brig belonging to Mr. Porter, of Cowes. Capt. Allen is captain of the Infernal fire-ship. I was out with Sir Charles Hardy .

NOT GUILTY .

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

Reference Number: t17791020-21

495. DANIEL SIVITER was indicted for stealing 5 guineas, and a half-guinea, in monies numbered, the property of Rowland Cartwright , privily and secretly from the person of the said Rowland , Sept. 15th .

ROWLAND CARTWRIGHT sworn.

I am servant to Mr. Thrail. On the 15th of September I had been with eight drays of

beer to Harley-street, Cavendish-square after which I went to the Bull's-head upon some other business. Then I was desired to go the taste the liquor at the Queen's-head; there I saw the prisoner with some drummers and fifes, and some soldiers of the First Regiment of Guards. I treated them with liquor to the amount of three shillings and threepence, being pleased with their musick. I went in at about one at noon. I might be there an hour. I had five guineas and an half in my left hand breeches pocket when I went in. I had been at the Bull's-head just before; there I was paid eighteen shillings. I could not give change. I pulled out the rest of my money out of my pocket. I saw then that I had four guineas and a half, and this guinea made five and a half. After I had been there some time the drums and fifes were ordered on duty; the prisoner and I were left alone; then I fell asleep.

Did you fall asleep before the drums and fifes left the room, or after? - I laid myself down upon the seat, but I did not actually fall asleep till the drums and fifes had went away, and I was left alone with the prisoner. The next morning I went to the parade to look after the persons who had robbed me; there I saw a fife-boy, who had been playing with my handkerchief; I took him by the collar, and desired him to show me the rest of the men; in consequence of which the prisoner, and the rest of the men, were turned out; I took the prisoner off the parade, and before Sir John Fielding . The fife-boy did play with my handkerchief, and would have taken it away if he had not been prevented by some other person, but I was not asleep till the drums and fifes went away; this playing with the handkerchief was before I went to sleep.

JAMES GABRIEL sworn.

I am a serjeant in the First Regiment of Guards. Rowland Cartwright charged the prisoner upon the parade with picking his pocket; the prisoner has been six years in the regiment; he is a good soldier ; he has behaved very well, and has a good character. Between twelve and one o'clock, on the 15th of September, the prisoner called upon me, asked me to get a furlow for him; I said I would apply for one the next morning; he at that time was much in liquor; he pulled out five guineas and some silver in a piece of paper; he desired me as he was drunk to take four guineas out of the five, and take care of it for him, which I did, and I gave him half a guinea out of the four guineas the next morning. I understand that the prisoner sometimes has money sent him. I have known him have two or three guineas at a time; upon asking him that time how he came to have so much money in his pocket; he said he had had some money out of the country.

JOHN WICKS sworn.

I keep the Prince's-head in Queen-street . At about half after twelve o'clock Cartwright came to my house; he had at first a couple of pints of beer; being in liquor he wanted to have some musick. I did not choose to have drumming and fife-playing, but there was no controlling Rowland Cartwright without making a great deal of noise; they played with him near an hour; he was very frolicksome, and as they played he would get up sometimes, and dance to their musick; he was there two hours; a good deal in liquor when he came, but quite drunk when he went away; when he came to the house he called to me, and said my countryman you must give me credit for some ale, for I have no money in my pocket; there was another soldier staid with the prosecutor as long as Siviter. The prosecutor was asleep before the drums and fifes went away, among a parcel of soldiers, and I saw one of the fife-boys playing with the handkerchief about his neck; I was afraid they would get it from him, therefore I desired a soldier that was quartered at my house, who is a sober civil man to go into the room, and prevent the fife-boy getting it from him.

PRISONER's DEFENCE.

I was going down that way; I called in for a pint of beer; these people were all merry and drinking together; I called for a pint of beer; some of them asked me to drink, which I did; I staid some time there;

when I came away I left one or two men there; I know nothing more of the man; I never to my knowledge saw him before in my life; I did not go in with him, or come out with him; I never was in his company; I came out of the house about two o'clock.

NOT GUILTY .

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

Reference Number: t17791020-22

496, 497. ANN BROWN and MARY STRONG were indicted, for that they, in the king's highway, upon William Cook , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch, with two gold cases, and one shagreen case, value 10 l. a steel chain, value 6 d. and a silver seal, value 1 s. the property of the said William , October 14th .

WILLIAM COOK sworn.

I know both the prisoners. On last Thursday was se'nnight, at about ten at night, as I was coming down Butcher-row , in my way home to my lodgings, I saw four women standing together, opposite the cheesemonger's shop, of whom the prisoners were two; I attempted to pass them; they gathered round me, and Mary Strong laid hold of me; I think she was the first that catched me by the coat; she asked me for a penny; one of the others, but neither of the prisoners, gave me a shove off the flags; I then fell into the kennel; at the time of that shove they made a push, and catched at my watch together; they took my watch in that way violently from me; I felt my watch taken from me at the time, for I was playing with my watch-chain when I came up to them, to that I am sure I had it then; the watch was taken, and the shove given by one of the two women; who have not been yet taken; I called out murder and robbery; I laid hold of the two prisoners immediately, the others got away; as to Ann Brown , though she was in company with these women she did not lay hold of me at all; I had the prisoners secured by the watch; they were searched in the watch-house; my watch was not found upon either of them; Mary Strong kept hold of me at the time the watch was snatched out of my pocket; it has not been found since; it had two gold cases and a shagreen case, a chain and seals, as described in the indictment; when they got to the beadle's prison that night, Mary Strong said she would discover who had the watch, and she mentioned a person's name which I do not remember, but suppose to be one of those who ran away.

PATRICK M'MANUS sworn.

I went in a coach with Strong to Sir John Fielding 's, in order to look after the other persons who had been concerned in this matter; Mary Strong always denied having hold of the young man; she said in the coach that she saw another take it; she told him who had taken it, and that she would swear to it; she was intended to be admitted an evidence, but upon being carried to Sir John Fielding 's, Sir John refused to admit her an evidence for the crown.

From Strong to Cook. Did not you leave me a quarter of an hour? - I never left her out of my sight.

STRONG's DEFENCE.

I did not know that he had lost any property; I got to Clement's chop-house; he clapped his hand to his pocket, and said he had lost his watch; he ran away from me, and left me in the church-yard; I was in Butcher-row; he came back, and catched hold of me, and said he would keep me in confinement till he found them that robbed him; I know nothing about it; I never touched him.

BROWN's DEFENCE.

I was coming by St. Clement's church in the Strand; in crossing the church-yard, as that gentleman came out of the watch-house I passed him; he stopped me; he left this woman's arm, and ran after me directly. I am innocent of it.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-23

498. JANE WILLIAMS was indicted for stealing a Russell petticoat, value 15 s. a crape gown, value 30 s. a cotton gown, value 15 s. and a silk handkerchief, value 2 s. the property of Ann Hall , widow , Sept. 28th .

ANN HALL sworn.

The prisoner came to my house, and said she came with a message from my daughter Lydia Hall , who is to be confined in the house of correction for three years; she said it was about some pocket-books and some notes that my daughter wanted to see me in the afternoon; I was lighting the fire; the prisoner said she should make bold to sit down, which I permitted her to do; I went out to get a roll, and left her in the house; I was out about eight minutes; when I came back the prisoner was gone; she lost a cloke of her's behind her, and I missed these things; I found the house-door open; the door which led from the kitchen, where the prisoner was left sitting, into the inner room, was also open; I went into the other room, and found the drawer open, which drawer had before been shut, but not locked; upon examining the drawer, I missed two gowns and a petticoat; I am sure they were all there the night before; nobody was in the house but myself till the prisoner came in; I went to my daughter, Lydia Hall, to enquire whether she had sent any such message; she said she had sent no such message; the prisoner's cloke, which I carried to Bridewell, was known, upon which she was taken up on suspicion; she was examined before a justice in Hog-lane, whose name I do not know; nothing of mine was found upon her; her lodgings were searched, but nothing of mine was found there.

PRISONER's DEFENCE.

My lord and gentlemen, I hope you will take it into consideration that I am a poor woman, and cannot speak proper English, to let the court know that I am wronged by this notified wicked woman that swears against me, which is Mrs. Hall; this Mrs. Hall lost the clothes five weeks ago, and I only came out of Wales three weeks ago. I never saw this Hall in my life, and did not know any thing about her till I was taken a prisoner, and carried to Clerkenwell Bridewell; and the next day she came to see whether she would know me, and when she was asked if I was the person, she made answer, I was the woman to the best of her knowledge. My lord and gentlemen, my mother died a short time ago, and left me some old-fashioned clothes. Robert Lewin , one of Justice Wilmot's men, has my clothes, and I hope your honourable goodness will order him to let me have them, as they are my own property; the prosecutor said if I would give her two gowns and a petticoat she would not prosecute me.

A Witness sworn.

Do you know the prosecutrix Ann Hall? - I have known her upwards of twenty years; I knew her when she was a very honest woman.

What character does she bear? - But indifferent now, I believe.

Prosecutrix. He goes by hear say.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-24

499. ANN the wife of Thomas LANGSTON was indicted for stealing a silver pint mug, value 3 l. a silver half pint mug, value 30 s. three silver table spoons, value 24 s. six silver tea-spoons, value 14 s. a pair of silver salts, value 30 s. and a pair of silver tea-tongs, value 5 s. the property of Richard Payne in his dwelling-house , March 21st .

RICHARD PAYNE sworn.

I am a poulterer in St. James's-market, but have a house at Hampstead for the sake of my children, who always reside there; I seldom go there myself. The plate mentioned in the indictment, was lost from the house at Hampstead ; I cannot swear to any of it myself. On last Easter-Tuesday I went to Hampstead; there was only one maid there, it being holiday time, the children were in town; I walked round the garden, asked Sarah Thompson , where the gardener had sown the spinage I had ordered him to sow; she told me it was sowed on the upper part of the garden; we went to that part, and she seeing something lie, went and picked it up,

and found it was a silver cream-pot; when I went into the house, I talked a good deal about it; I thought it had been stolen and brought down the avenue by the garden, and thrown over the pales, not suspecting it was mine. I came to town, and speaking of it to my wife, she sent for a cream-pot of her sister's, and asked me if it was such an one; I said it was very much like it; she said then probably it might be her property, and had been taken out of the drawer where the other plate was; she went down to see about it; I know nothing more of it.

SARAH THOMPSON sworn.

I was servant to Mr. Payne's children at Hampstead.

How many children had he there? - Three.

How many servants are there in the house? - Only one besides myself; I was nursery-maid.

How old are the children? - The eldest is a boy of eight years old, and goes to a boarding-school, and comes home at night; I had the care of the plate, it was in the drawer in Mr. Payne's bed-room, there was all the plate mentioned in the indictment (repeating them) in the drawer, and a silver milk-pot, which was not inserted in the indictment, because it was found in the garden we thought it not necessary. I was in the garden with my master and found the cream pot; I did not know the cream-pot to be his property; I know all the other plate; the cream-pot had not been used while I was there, all the rest of the plate had. My mistress came down the next afternoon to enquire after the plate, it was all gone.

When was the last time you saw it? - The whole of it I saw on the 13th of September, 1778. On the 19th of March, 1779, my mistress came and dined at the house, on which I used the table-spoons and put them in the drawer again. The prisoner used to wash at our house; there are two pair of stairs to the house; the stairs leading to my mistress's room open into the garden; she might step over the pales and come in there; that room is kept for my mistress's use; there is no one else lies in that part of the house. The last time the prisoner washed for us was on the eighth of February; we found half a dozen tea-spoons and a pair of salts at a pawnbroker's. The prisoner acknowledged at Sir John Fielding 's that she had stolen them.

CHARLES WALE sworn.

I live with my father, who is a pawnbroker in Brick-lane, Old-street. I took in pawn a pair of salts from the prisoner on the 22d of March, I lent her twelve shillings on them; she said they were her own property; that her name was Mary Petton ; she came again on the 22d of May, and sold them out and out to me; I gave her five shillings and six pence an ounce. On the 27th of May she pawned six tea-spoons for eight shillings; she sold them out and out on the 16th of June, at the rate of five shillings and three-pence an ounce.

(The salts and spoons were produced in court and deposed to by Thompson.)

Thompson. The plate was my mistress's mother's, she died and left it my mistress, her name was Pelton. The prisoner confessed before the justice that she stole the things and had sold the tea-spoons. There were not any promises made her to induce her to confess.

PRISONER's DEFENCE.

I have nothing to say; I leave myself to the mercy of the court.

GUILTY of stealing the things to the value of 20 s.

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17791020-25

500. MARY M'DORMOND was indicted for stealing a looking-glass, value 6 s. a bolster, value 6 d. a pillow, value 1 s. a linen bed quilt, value 2 s. and a linen sheet, value 6 d. the property of Aaron Eaton , October 16th .

AARON EATON sworn.

I live at Islington. The things mentioned in the indictment (repeating them) were lost

out of a house which I let out in lodgings, No. 27, Chancery-lane . I know nothing of the fact myself.

JANE COLLIS sworn.

I am a laundress in Lincoln's-Inn. One Brent, a shoe-maker and his wife, lived in the room the goods were taken out of; I went with Ballard's mother to the room on Saturday the 16th, between eleven and twelve o'clock, and found the door broke open; we examined the room; there were then in the room all the things mentioned in the indictment; we nailed up the door and put a padlock on the outside; the prisoner was afterwards taken, and the looking glass, which was in the room when we nailed it up, was found in her lodging in White's-alley; the prisoner said she wanted to be hanged, and cried. The glass was delivered to me by the landlady of the house where the prisoner lodged.

How soon was this after the door was nailed up? - The same evening, between seven and eight o'clock at night. I am deputy landlady to the house.

ELISABETH STOKES sworn.

I live in the house. The prisoner came in the morning of that day to my room to wash for me. At about five in the evening she wanted a dish of tea, and went down to fetch some; after staying an hour I went down to see for her and bring up some water; I met her on the stairs; she seemed surprised and stood like a statue; she took the thing out of my hand and went and brought up the water; she said she had not brought the tea; I asked her where she had been; she said she did not know, she believed she had been to the devil, but she would go and fetch the tea; when she had been gone about five minutes I heard somebody walking softly along the passage that leads to the room the goods were taken from; I went to see who it was, and to my great surprise I saw the prisoner going down stairs with a bolster, pillow, bed quilt, and sheet in her lap; I laid hold of her, and brought her into my room, and called down my father and mother who lived one pair of stairs higher; she ran away; my father went after her and brought her back.

ROBERT BALLARD sworn.

I was at the fastening up of the room that was robbed. Stokes stopped the prisoner and called me; I saw the things that were found upon her; they were in the room when it was fastened up in the morning; they are Mr. Eaton's property. The prisoner cried out Lord, what have I done, what have I done, what have I done! I went up into the room, and missed all the things that are mentioned in the indictment; the door was broke off the hinges. Stokes and I, when we went up to the room, left her in care of my wife; when I came down she was gone; I pursued her, took her, and delivered her to a constable.

PRISONER's DEFENCE.

As I was coming through the passage, I found the bundle on the stairs; Mrs. Stokes asked me what I had there; I said I did not know; I took them into her room and put them down.

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

Tried by the First Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17791020-26

501. ZACHARIAH FOST was indicted for stealing a wicker basket, value 6 d. and a bushel of apples, value 2 s. the property of Thomas Elmsley , September 23d .

THOMAS ELMSLEY sworn.

I lost a basket of apples out of Fleet-market , on the 23d of September; I left it, about nine o'clock at night, with forty-three other baskets, in the care of the watchman, William Gilbert ; they were worth about two shillings.

WILLIAM GILBERT sworn.

I am watchman to the fruit in the Fleet-market. On the 23d of September I was left by the last witness in care of the apples; I went into the Cock, and called for a pint of beer; the prisoner was there; I gave him part of it; left him there, and went round the market to look after some things; I returned in about ten minutes and the prisoner was gone, and there was a basket of fruit

missing. A girl who is servant at a publick-house (the Bull and Garter) told me a man had run away with the basket of fruit; I pursued him; he was stopped at the corner of Harp-alley, before I came up to him, and had dropped the basket of apples.

ANN HOOKER sworn.

I am servant at the Bull and Garter. I was standing at the door; I saw the prisoner take the bushel of apples, and go off. I told the watchman of it. William Becket , stopped the prisoner in the market, he then dropped the basket of apples off his shoulder. I am sure the prisoner is the man.

WILLIAM BECKET sworn.

The last witness called, stop thief! I pursued the prisoner, he had the basket of apples; he said they were his master's, and ran away; I went after him, and brought him back; the watchman came up and took him to the watch-house.

PRISONER's DEFENCE.

I am a porter . A man hired me to carry the basket of apples into Holborn; when this man stopped me he ran away.

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

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17791020-27

502. SARAH MANNING was indicted for stealing three silk gowns, value 5 l. 5 s. the property of Sarah Hyde , spinster , September 17th .

SARAH HYDE sworn.

On the 17th of September, about eleven at night, as I was going to bed; I missed three silk gowns out of a drawer in my room, I found the drawer open. I had seen them in the drawer that day; the drawer was shut but not locked; the maid was in the room; I desired her to call up my aunt.

Mrs. HOUGHTON sworn.

I keep the house; Sarah Hyde is my niece. Upon Friday the 17th of September, at night, the maid came down and told me something was the matter with her; I went up; she told me she had been robbed, the drawer was open and her gowns were taken out; I sent round to the pawnbrokers and offered a guinea reward for each gown and coat if they were stopped; I knew it must be somebody that knew the room by their going in particular to this drawer. I keep an inn; it is the room we put gentlemens things in who come out of the country, when their things come first. The prisoner is a mantua-maker ; she has a girl whose mother lodges in our house, which occasioned the prisoner to come backwards and forwards. On the Monday following something was said that induced me to suspect the prisoner. I was advised to go to Monmouth-street; I did, and found the gowns at a Mr. Sheriff's; he described the person he received them of to me; I then knew it to be the prisoner; I went with his man to the prisoner's room; I went up first, he followed me; I desired him not to say any thing if she was not the person, and I would make an excuse for coming up; he came up and said that was the woman who brought the gowns to his master's; I said to her, Mrs. Manning, I dare say you know what I am come upon, I have found my gowns; the person describes you as the person who brought them to him, and this young man confirms it; she denied it; I asked her if she would go with me to my house without an officer; she said she would, and went with me, and then I took a coach and went with her to Mr. Sheriff's; as soon as he saw her he said to her, you are the woman that sold me the gowns; she denied it all, and said she never was in the house in her life; I took her back to my house and charged a constable with her; she was taken the next day before my Lord Mayor, and there she denied knowing any thing of them. The prisoner well knew where the gowns lay; for some little time before the robbery, she asked my niece to shew her the make of her last new gown, and she took the gowns out of the drawer, and shewed them to her.

To Sarah Hyde . Did you in the presence of the prisoner take these gowns out of the drawer to shew her? - I did, about a fortnight before I lost them.

To Mrs. Houghton. Did you see the prisoner at your house at any time on the day the things were lost? - No; she used frequently to go up into the gallery to this person; the stairs go out of the yard into the gallery; my niece's room is in the gallery; it is sometimes kept locked, and sometimes open.

Cross Examination.

Do you know Ann Gordon ? - Yes.

Her mother lodges at your house? - Yes.

Have not you threatened Ann Gordon what you would do to her if she appeared in support of Manning? - I deny it totally.

Did not you tell the prisoner in the presence of Gordon, that if she would give a guinea, and acknowledge she took the things, she should be acquitted? - No, I did not; I gave Mr. Sheriff four guineas, and told her if she would give him the other guinea it would prevent him from prosecuting me for compounding felony.

That you would make use of your interest that she should not be prosecuted, and she persisted in her innocence? - She did.

THOMAS SHERIFF sworn.

These three gowns (producing them) were brought to my house on Saturday the 18th of September, between twelve and one at noon, by the prisoner, I was up stairs, my, boy called me down; I gave her five guineas for them; she said they belonged to a person in distress, who would not wish her misfortunes should be known to any one; I told her it was always my custom on such occasions to ask people their names, place of abode, business, and the reason why they sold them; and bid her come backwards with me, that I kept a book, and would write down word for word, every thing she said; I looked at her very seriously; the entry in my book is dated September 18; she told me her name was Mary Jones , that she lived in the Borough; I said, the Borough is a very large place, I must know the name of the street and the number you live at, if it is numbered, she said she lived at No. 9, Long-lane, Southwark. Are they your gowns? - No. Who do you sell them for? - A person in distress. That they were left her by her sister and that she did not choose to let any body know of her distress. That was wrote down at the time. We were together backwards and forwards in the whole I suppose half an hour, I looked at her all the time I wrote it down, and asked her the questions twice over. I am certain the prisoner is the person.

Cross Examination.

Do you know the value of these things? - Yes.

Have you given the value - Yes.

Is it not possible for you to be mistaken as to the identity of the person? - I am not infallible; it is possible for me to be mistaken, but I am sure this is the person I bought-them of.

( William Bates , the servant of the last witness, confirmed his evidence, and added, that he went with Mrs. Houghtan to the prisoner's lodging, and immediately knew her to be the person. On his cross examination he said he took particular notice of the prisoner, because his master catechised her so much.)

( Henrietta Layton , the neice of Mr. Sheriff, deposed, that she stood by her uncle while he wrote down what the prisoner said, and that she knew the prisoner to be the person who brought the gowns.)

PRISONER's DEFENCE.

I have nothing to say, but only that I am quite innocent of the charge; I know nothing of the things, nor the man who bought them. I leave the rest to my counsel.

For the Prisoner.

MARY PALMER sworn.

I am a milliner at No. 4, Little Bandyleg-walk, Southwark.

You are, I believe, a married woman and a house-keeper? - Yes. I have known the prisoner, Manning, within these twelve months. On the 16th of September she came to work for me, and staid best part of the day, when she went away she told me she would be with me on the next morning at nine o'clock, which was Friday the 17th. She came about ten o'clock in the forenoon, and staid till seven at night; I was then going into the city; I asked her to go with me; she said she could not, for she had

the key and the girl could not get in; we parted at the foot of London-bridge. I have left her in my house; if she had been a person inclined to do wrong, she had many opportunities of robbing me of valuable laces and other things. I have left her alone in the house; I never missed any thing; she came again on the 18th, at about ten o'clock, as near as I can recollect, and staid with me till after one; I asked her to stay dinner; she would not; I am certain she was there till after one. I did not see her again till I heard of this circumstance.

Court. What did you employ her at on the 16th, 17th, and 18th of September? - On the 16th she came to help me make black clokes; on the 17th I employed her in trimming some hats; and on the 18th in making puckered stuffs.

How do you happen to recollect the days of the month? - I always put down what is done in a book, and by referring to the book I know it, and on the 18th I paid a bill; I have not the book here; I have the bill.

ANN GORDON sworn.

I have been servant to the prisoner very near two years.

Do you know Mrs. Houghton? - Yes; she told me since this affair, if I visited Mrs. Manning, she would have me confined; that was as near as I can recollect the day after she was taken, when she was in prison.

Where was you on the 16th of September? - I slept with Mrs. Manning of nights; I was out all day; I do not know where she was; she came home in the evenings on the 16th, 17th, and 18th, before me. Mrs. Houghton came to my mistress, and asked her to go with her to search some pawnbrokers for the things she had lost; she said she would. My mistress sent me down for a pint of beer, when I returned, Mr. Sheriff's boy came up into the room and said Mrs. Manning was the woman who sold the gowns to his master; I said it was a piece of spite that she owed Mrs. Manning; she asked my mistress to go with her to Mr. Sheriff's, and said if she would give the boy another guinea, she would say no more about the matter. Mrs. Manning said she was very innocent, and could not give her the guinea; she offered Mrs. Houghton her keys; she would not take them, but said, would she go with her to Mr. Sheriff's; she said yes; they went down to Mrs. Houghton's first.

Did you see your mistress on the 18th after ten o'clock? - No. I never knew any thing bad of her in my life.

( Jane Plush , who lives with Mrs. Palmer, confirmed the testimony of Ann Gordon as to the prisoner's being there at work, and staying till after one o'clock on the 18th of September.)

(The prisoner called three other witnesses who gave her a good character.)

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17791020-28

503. BARNARD SIMPSON was indicted for stealing 61 b. of moist sugar, value 2 s. the property of persons unknown , October 18th .

ROBERT LAMBERT sworn.

I saw the prisoner go to the buildings at Fox-quay , on the 19th of this month; when he came out I examined him, and found six pounds of sugar in his pocket; he worked with us as a porter for a quarter of a year together. I never knew him dishonest before. This was on a general festival, St. Luke's day; he was not quite sober; he cried and said that during his service he had never been guilty of any thing before.

JOHN BULLER sworn.

I am employed at Fox-quay as a supervisor. I never knew any thing against the prisoner before; this was on Horn-fair day; the work was over; he came down out of the warehouse; he was stopped, and six pounds of sugar found upon him; he was in liquor; he desired to pay for the sugar; he said he was persuaded by another soldier to take the sugar.

PRISONER's DEFENCE.

A cooper who works there gave me the sugar. I know him only by sight.

( The prisoner called his serjeant and another person, who gave him a good character.)

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17791020-29

504. JANE PIKE was indicted for stealing a gold watch, value 5 l. and a watch case made of metal and tortoiseshell, value 3 s. a metal watch-chain, value 1 s. a silver seal, value 1 s. a gold ring, set with steel , the property of Frederick Lutchdorf , Oct. 17th .

(The prosecutor being a foreigner, and not understanding English, Sarah Savage was sworn interpreter.)

FREDERICK LUTCHDORF sworn.

I am a Swiss. I have been in England a fortnight; I was brought up in the mercantile business , and was going to Jamaica. I deal in sugar, tea, coffee, and such things. On the 17th of this month I was at Chelsea, in company with the interpreter's father; we spent the evening, and returned a little after nine; coming by the Temple I lost my company; I met the prisoner in Fleet-street, and asked her the way to Tower-hill; I took her into a coach, and thought she would take me to Tower-hill; I fell asleep directly as I got into the coach; I waked and found myself not going the right way; I missed my watch; immediately as I enquired after it she ordered the coachman to drive to Hatton-garden; I charged the prisoner with having it, none being in the coach but she and me, and I knew I had it when I went into the coach.

As you took a coach to carry you to the Tower, how came you to take a strange woman into the coach with you? - I enquired of many folks the nearest way to the Tower; nobody could inform me; she came to me; she spoke broken German; she told me she would show me my safe way home; when I missed the watch I went to stop the coachman as well as I could, and got out to see if I could find somebody to understand me, and as I got out at one door, the prisoner got out at the other.

Did you ever find your watch again? - No.

Had you any criminal conversation with the woman? - Not in the least. She was afterwards stopped by a pawnbroker.

Prisoner. I think it is not proper that that woman should talk to him in that language as she is an intimate acquaintance.

To the interpreter. Have you, upon your oath, fairly interpreted every thing he has said? - I have.

To the interpreter. How long have you known him? - A fortnight; no longer that he has lodged in my father's house.

HENRY TURNER Sworn.

I am a pawnbroker. Last Monday between the hours of eleven and twelve o'clock the prisoner brought a watch to me to pledge; she had been at our shop before, and I knew her face very well. I stopped her and the watch, and sent for one of Sir John Fielding 's men; she said the watch belonged to her brother, who was just come a prisoner from France.

What is the value of the watch? - About seven pounds. I thought it a watch too valuable for her to come honestly by.

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

To the prosecutor. Was you sober or in liquor that night? - Not quite sober.

Are you sure the prisoner is the woman who went with you in the coach? - It was dark; I cannot positively say she was the woman; there was but one woman.

Had you any conversation with this woman before you went into the coach? - No; I only enquired of her the nighest way, thinking she might understand me; she took me by the arm, and led me to a coach. I spoke to her in German; she spoke to the coachman, but I did not understand what she said.

How did you lose your company? - There was such a multitude of people coming through Temple-bar I missed them, I cannot tell how, and could not find them again.

PRISONER's DEFENCE.

I was going by Hatton-garden; there was a mob; I crossed to see what was the matter,

and as I was going by a coach I saw the watch lie, and took it up; the next day, wanting money, I went to pawn it.

NOT GUILTY .

Tried by the London Jury before Mr. Justice WILLES.

Reference Number: t17791020-30

505. ANN MOYLE, otherwise ALICE MOYLE, otherwise ANN BOYLE , was indicted for stealing a check gown, value 18 d. a pair of stuff shoes, value 1 s. a pair of leather pumps, value 2 s. 6 d. a linen apron, value 6 d. a check apron, value 6 d. a muslin gown, value 2 s. a cloth apron, value 18 d. and a pair of silver buckles, set with stone, value 5 s. the property of John Dewse . A white woollen cloke, value 2 s. a black callimanco petticoat, value 4 s. a cotton gown, value 8 s. a check apron, value 6 d. a linen apron, value 2 s. a cloth apron, value 18 d. two linen shifts, value 2 s. a cloth petticoat, value 1 s. two pair of linen sleeves, value 1 s. a pair of cotton stockings, value 18 d. a pair of linen robins, value 2 d. a muslin handkerchief, value 3 d. a gauze handkerchief, value 3 d. a muslin cap, value 3 d. a black silk handkerchief, value 6 d. a shawl handkerchief, value 6 d. and a beaver hat. value 3 s. the property of Elisabeth Dovey , spinster , in the dwelling of the said John Dewse , Oct. 8th .

JOHN DEWSE sworn.

I live in Petty France, Westminster . On Friday, the 8th of this month, I lost the several articles mentioned in the indictment (repeating them from a memorandum) out of my house; I made this memorandum of them after they were found; the prisoner lodged in my house; she came on the Monday preceding; there was nobody in the house but the prisoner and another; I went up stairs, and charged the prisoner with it; she denied knowing any thing at all of the matter; I went to Justice Durden's, and got a search warrant and an officer, and then she acknowledged she had taken them, and told us where they were.

Was there any promise or threat made use of in order to induce her to make that confession? - I believe not; I do not recollect any.

That she should not be prosecuted, or that it should be better for her? - No; she had cut a hole in the bed, and put some things in it, and sewed the bed up again.

ANN DEWSE sworn.

I am the wife of John Dewse . On the 8th of October, between nine and ten in the morning, I went up into the children's room, and found the children's boxes emptied of all the things; nobody had been out or in that morning but the prisoner; I saw the things in the box the morning before.

Did you hear her confess taking them? - No; I was in the room with my husband and the constable, but somebody knocked at the door, and I was called down.

ELIZABETH DOBEY sworn.

I am apprentice to Mr. Dewse. On the 8th of October, about ten in the morning, I went up stairs for something, and found the boxes empty; the childrens things were all taken out; I saw them about ten the night before; I sleep in the children's room.

Who slept in the children's room besides you? - Nobody; I went to bed just after; I got up about seven o'clock; I went to scouring before breakfast; after breakfast I went up and missed the things; I was absent about two hours; the children's room is up one pair of stairs; the prisoner's room is up two pair; the prisoner went out several times that morning.

(A cotton gown, a petticoat, a white woollen cloak, and a beaver bat, were produced by William Gardner , a pawnbroker, and two pair of shoes, a linen apron, a bit of stuff, a child's gown, three old aprons, and a cap, were produced by Edward Taylor , a salesman, who both deposed that they received them of the prisoner, and they were a deposed to by the prosecutrix.)

HENRY JONES sworn.

I am a peace-officer; I had a search-warrant to search the prisoner's apartment; we talked to her a good while, and upon the prosecutrix telling her she would not hurt her; the prisoner told where the things were, and opened the bed, and gave us them; the

prosecutrix said several times she would not hurt her; I went by her direction to the silversmith's, and found the silver buckles, and to the pawnbroker's, and to the man who bought the things.

To John Dewse . How came you to tell the court you made use of no threat or promise to induce the prisoner to confess? - It was my wife, I believe.

Prisoner. I shall not say any thing in my defence; I leave myself to the mercy of the court.

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

Tried by the First Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17791020-31

506. ANN LITTLE was indicted for stealing a half guinea , the property of John Clark , Oct. 16th .

JOHN CLARK sworn.

On the 16th of this month the prisoner came up to my room, with another woman, and asked me to buy a waistcoat of her; I knew nothing of her before; it was a white sattin waistcoat, I gave her half a crown for it.

How came you to buy this waistcoat of her at that price? - I thought it a bargain.

Did you think half a crown near the value of that waistcoat? - She asked no more; she said it was her husband's; I bid the girl that takes care of me in my illness, for I was in bed, take half a crown off the mantle-piece, and pay her; she went down to get two sixpences; the half-guinea was on the mantle-piece; the prisoner went towards the mantle-piece two or three times, and she took the half-guinea.

Did you see her take it? - No; but I am sure she took it; the girl came up and paid her, and she went away; after she was gone I missed the half-guinea.

ANN SEABROOK sworn.

The prisoner was very ill; I was with him to take care of him. On Saturday last the prisoner, and another woman, came up into his room, and sold him a waistcoat; I took three-shillings off the mantle-piece, and went down stairs to get two sixpences to pay her; I saw the half-guinea on the mantle-piece when I took the three shillings; I left the two women in the room when I went down; I returned in about five minutes, and paid the prisoner, and when they were gone I missed the half-guinea; my master had the prisoner taken up that evening; she denied knowing any thing of it; I went after them, and met with them in Bow-street, Westminster; I asked them if they knew any thing of the half-guinea; they both denied knowing any thing of it; I came home and told my master; he got up, and had the prisoner taken up; there was nothing found upon her.

PRISONER's DEFENCE.

I know nothing of the half-guinea.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17791020-32

507. WILLIAM RUSSELL was indicted for burglariously breaking and entering the dwelling-house of James Irvin , on the 16th of October, between the hours of five and six of the night, with intent the goods and chattels of the said James, in the said dwelling-house to steal .

JAMES IRVIN sworn.

My house was broke open on the 16th of October . I went out at about a quarter before six o'clock in the evening; before I went out I saw that the back door was locked and bolted; I went and left the key of the house with an opposite neighbour, Lydia Crosby , for her to get my bed made; I returned about half past seven; I then found several neighbours in the house; they told me it had been broke open, but nothing was taken away, and that they had taken the man to the Compter.

LYDIA CROSBY sworn.

At about half past six o'clock Lydia Newman was sent to make James Irvin 's bed; I thought she could not open the door; I followed her; before I opened the door I heard a great noise in the house; I was very much frightened; I cried out thieves, and called my husband; he came down as soon as he could, but before he did a man jumped off the pales, and struck at Lydia Newman , with an intent to knock her down; he ran

away and escaped, it is a corner house; the paling goes round to the back of it; on going a little round I saw the prisoner jump off the paling, and run into the necessary. I told my husband of it; he went in and brought him out; I never lost sight of him from the time he jumped off the pales till he got into the necessary.

Was it so dark that you could not distinguish a man's face without the help of a candle? - It was so dark that I could not distinguish his face if I had not had a candle in my hand, and there was a lamp in the court; a young man came to our assistance, we took the prisoner into the house and sent for a constable, who came and searched him, and found a large chissel in the lining of his coat, and afterwards they took him to the Compter; I went in at the front door, which I opened with a key; I found the back door had been broke open; it stood wide open; the bolt was wrenched open; I could not tell with what; I found no one in the house.

To Irvin. Is there not a little gate in your paling? - Yes; that was locked with a padlock when I went out.

Crosby. The door of the pales was padlocked up; we searched the house so as to be sure that no one was left in it, and nobody could have been in it, as I think, but the prisoner. I am sure, from the noise, somebody was in the house; we charged the prisoner with breaking the house open; he grimed, and said he would dig some of our eyes out. I found three pick lock keys in the yard.

From the prisoner. How was I dressed? - In a light coloured great coat, a flapped hat, and buckskin breeches.

LYDIA NEWMAN Sworn.

I am a servant out of place; I live next door to Lydia Crosby; I went as near as I can recollect at about half past six in the evening with the key to make Mr. Irvin's bed; Mrs. Crosby followed me directly; before the door was opened I heard a noise in the house.

Are you sure that the noise was in the house? - I cannot be positive whether it was in the house or the yard; the yard is very small, it is not more than a yard square; Mrs. Crosby cried out thieves, upon which a man jumped off the pales, and struck at me, with an intent to knock me down, but missed me; he ran away and escaped; then I heard somebody jump off the pales at the back of the house, and run into the necessary. I did not see who it was, but I saw the prisoner afterwards brought out of the necessary.

EDWARD CROSBY Sworn.

I was alarmed with the cry of thieves, on the evening of the 16th instant, as near as I can recollect, it was about half past six o'clock. I afterwards found the prisoner in the necessary.

JOHN COACHMAN Sworn.

I am a constable. I searched the prisoner; I found nothing upon him but this iron chissel (producing a large strong chissel); it was concealed behind him in the back of his coat; I have three pick-lock keys the woman found in the yard and gave me (producing them.)

PRISONER's DEFENCE.

I had been to the Ship, and had a glass of gin; I asked a woman where there was a necessary; she said at the top of the court, I went there, and directly I heard the cry of stop thieves, and they came and took me out of the necessary.

GUILTY ( Death .)

Tried by the London Jury before Mr. RECORDER.

(The prisoner was humbly recommended by the jury to his majesty's mercy .)

Reference Number: t17791020-33

508. JOHN TAYLOR was indicted, for that he, having in his possession a bill of exchange in the words and figures following,

"Tamworth, 2d of Aug. 1779,

"Sir, one month after date, please to pay to my order the sum of Twenty Pounds, value received, as per advice from Thoma-Harper to Mr. Joseph Cuff , No. 125, White-Chapel, London."

feloniously did falsely make, forge, and counterfeit, a receipt and acquittance for the said sum of 20 l. as followeth,

"Recd. W. Wilson," with intention to defraud the said Joseph Cuff .

2d Count. For uttering, and publishing as true, she said acquittance, with the like intention.

3d Count. For said forgery, with intention to defraud John Briggs and Henry Sutton .

4th Count. For uttering and publishing as true the said acquittance, knowing the same to be forged with the like intention.

THOMAS HARPER Sworn.

This draught (the bill in question) is my hand-writing; it is drawn and indorsed by me.

JOHN BIRD Sworn.

This indorsement in my own hand-writing; I paid it to Mr. Sutton on the 27th of August.

Where did you pay it? - At my own house at Birmingham to Mr. Sutton for goods bought of him.

HENRY SUTTON Sworn.

I am in partnership with Mr. Briggs; we are Indigo-maker s; Mr. Bird paid me this bill on Friday the 27th of August.

I put it into the post-office at Birmingham, with five other bills, in the whole, to the value of 130 l. 8 s. 6 d. on Saturday the 28th of August.

How did you direct that letter? - To Messrs. Briggs and Sutton, No. 16, Garlick-hill.

Was any body with you when you wrote that letter, and enclosed it? - I believe there was no person with me when I wrote the letter, but there were several people there when I enclosed the bills in the letter; I had written the letter before; the prisoner was present when I enclosed the bills.

Did you tell him what you was about to do? - I told the company in general, the prisoner was one of them, that I was going to enclose some bills to my partner.

This was on Saturday? - Yes; at about eleven in the forenoon.

The post, I believe, departs from Birmingham on Saturday night? - I believe it does.

Did you put the letter with your own hands into the post-office? - I did, and I left Birmingham, I fancy, in about half an hour after; I went to Wolverhampton that night.

Did you find it necessary, your partner in London missing the bills, to order the payment to be stopped? - Yes; I did. I had sent other remittances from Shrewsbury of the receipt of which I received a letter at York from my partner, and he not mentioning in either of his letters the receipt of these bills, I wrote to my partner to stop the payment of them.

When did you arrive in town? - The very day the prisoner was taken, which was the 21st, I believe, of September. I found him under examination before the Lord-Mayor.

Had you seen Mr. Taylor after you put the letter into the Post-Office? - I saw him first at the Hen and Chickens at Birmingham, on the 25th of August; there were a number of travellers there. I enquired who he was; Mr. Taylor himself told me he was Deputy Archdeacon of York.

How was he dressed? - Just as he now is, like a clergyman.

He had not canonicals on, had he? - No.

You said you saw him the 25th and 28th, did he stay at Birmingham all that time? - On the 26th, which was the Thursday, he ordered a post-chaise, and came down, dressed in his canonical robes, and said he was going to pay a visit to the Bishop or Dean of Litchfield, I cannot say which; he went and staid the whole day, and I did not see him again till that evening. I arrived on the Wednesday, this was on the Thursday.

Why, a deputy archdeacon is a great character, and carries great respect; did you grow intimate with him? - Yes; on the Wednesday, the day that I arrived, I dined with him in a mixed company, and our conversation was general; in the evening some of them proposed to go to the play; I said I had no objection, and Mr. Taylor went also.

You was frequently in his company? - I was.

And you grew great? - Yes; he said he lived in York, and was deputy archdeacon of York.

And you are a Yorkshireman? - Yes.

I should not have supposed so though by your credulity; did he give you his address in writing? - Yes; but that was on the Saturday morning.

And you gave him your's? - Yes; upon one of our cards.

So you were to see one another if you ever came into that country? - Yes.

Your acquaintance continued from that time till the Saturday, till you left Birmingham? - Yes, it did.

Did he mention any other particulars to you of what he was? - Nothing more than that he had been about two years in York; that he should be glad to see me when I came to York; he said he should be there before I was; I said I should esteem it kind if he would carry me a waistcoat, and a pair of breeches, with some other things I bought at Birmingham.

And when you came to town you found the gentleman at the Mansion-house? - Yes.

Cross Examination.

You said, I think, that you wrote your letter before the time you enclosed the bills? - I did.

In your own room probably? - No, in that very room.

But you do not recollect any body being there at the time of writing the letter? - No.

That gentleman that has examined you made a little observation respecting your credulity; when you was enclosing six bills, to the amount of 130 odd pounds to your partner in town in a mixed company, what could induce you to tell them what you was about? - One of the gentlemen said Mr. Sutton, what is that? I told them.

And you was in a mixed company, and some of the company you had never seen before? - Yes.

JOHN BRIGGS sworn.

I am in partnership with Mr. Sutton. I received a letter from him from York informing me that he had sent some bills from Birmingham, which I never received.

Was this bill ever brought to you? - Never; when I had received information that my partner had sent me some bills; I wrote immediately to our different correspondents at Birmingham, to send an account of what bills they had paid him; Mr. Bird wrote me word of this very bill, in consequence of which I applied to Mr. Cuff to stop payment, but Mr. Cuff told me he had paid it; he described at the same time the man he had paid it to, which answers to the prisoner.

Cross Examination.

What day was it you went to Mr. Cuff? - I cannot recollect that; I fancy it was the day after I received Mr. Bird's letter, but I cannot positively say.

Was it the day the prisoner was taken up? - No, prior to that a fortnight or three weeks, or more.

Court. You received the letter the 11th from York? - That letter did not describe the bills; I wrote to Birmingham for the particulars of the bills. This is the letter I had in answer; it is dated the 14th at Birmingham; it arrived in London the 16th.

JOSEPH CUFF sworn.

That bill I think is drawn upon you? - It is on the 2d or 3d of September, as I find by my book and check. The prisoner at the bar -

Are you certain to his person? - I am. He called upon me for the payment of that bill, upon the 3d of September, I think it was.

How came you to know that? - From the knowledge I have of the bill's being due according to the one month, but not according to the three days grace; he came in and said he had a bill upon me for twenty pounds; I told him I did not know that I had a bill due that day for twenty pounds. When he shewed me the bill, I said this bill is not due; he said not due, Sir! please to read it, it is one month after date; I said you do not know that there are three days grace if we insist upon it; grace! says he, I thought it was due at the month; I said, I cannot pay it, if you had brought it a month ago properly indorsed, perhaps I might have discounted my own bill for you; he said he came from the other end of the town, it was a long way, and he would be obliged to me to pay it; I said I could not pay it; he said I will make you any acknowledgement; I said no acknowledgement, for time would be necessary; he said he would take it as a great favour; then something more passed about it; he said he wondered they troubled him with such bills;

he strongly sollicited I would do it, and said he would make me a present of a glass of wine; I gave him a check, which he received, I suppose.

What did he do upon that? - I gave him a pen and ink and bid him witness it; witness it! said he, he did not know what that was; I said write a receipt, put your name to it; I said it down upon the counter, and gave him a pen; I saw him stoop down and write; I took it up and saw it was not wrote Read. I gave it him again and said write received to it; he wrote the word Recd. over the name W. Wilson, by my direction.

You are sure the prisoner is the person who received the draught of you? - I am sure of it.

Cross Examination.

Did you attend at the Mansion-house when this man was taken? - I did.

Do you remember the day? - I do not.

Perhaps you may be of opinion it was about the 22d of September? - I should think so.

By the time elapsed after the payment by you? - No, more particularly by the time elapsed after Mr. Sutton and Mr. Briggs came to me.

You say this was paid on the 3d of September? - Yes.

Are you sure of the day? - The check is my authority, I have no other; and from another circumstance that I recollect paying it a day or two before the grace was expired.

Then it was three weeks within a day after the payment that you had first seen this man? - It was.

You did not see the man again to whom you paid the money from the time of the payment to the time of going to the Mansion-house? - Yes; I saw him the same day when he was apprehended at Mr. Matthews's.

There were three weeks elapsed within a day from the time of first seeing till the second time of seeing the man? - Yes, I should suppose so.

You attended at the Mansion-house, and gave evidence relative to this transaction? - I did.

Did you not at the Mansion-house, at the first time of seeing this man after the payment hesitate much with respect to his person? - Not the least in the world.

Did you not at all doubt? - No.

The man was with you but two or three minutes when he brought the draught? - No, a quarter of an hour.

Did not you doubt the first time at the Mansion-house, as to this man's person? - Not at all.

Never? - No, never.

(The bill of exchange read.)

2 August, 1779, 20 l.

Sir, one month after date, please to pay to my order, the sum of twenty pounds, value received, as per advice from Thomas Harper

To Mr. Joseph Cuff .

Indorsement. Pay the within contents to Bird and Jones, or order.

Thomas Harper . Bird and Jones.

Recd. W. Wilson.

To Mr. Bird. What is your partner's name? - James Jones .

You are grocers in Birmingham? - We are.

Counsel for the Crown to Mr. Cuff. Since the gentleman is pleased to ask you touching the identity of the prisoner about whom you say you never entertained a doubt, do you remember his asking you concerning a Mr. Burnham, upon whom he had another bill drawn for 7 l. 13 s. 6 d.? - I remember his asking me where a person lived, but I cannot recollect the name.

Counsel for the crown to Sutton. You said the name he went by at Birmingham was that of John Taylor ? - Yes.

To Harper. The bill was drawn in your hand-writing? - It was.

And indorsed by you? - Yes, it was the same.

Prisoner. I submit my defence to my counsel; I cannot make any defence at present.

GUILTY ( Death .)

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

( Releases were executed in court, in order to remove any objection to the competency of the evidence.)

Reference Number: t17791020-34

509. SARAH PHILLIPS was indicted for stealing a linen gown, value 12 s. and a silk handkerchief, value 6 d. the property of James Seabrook , September 29th .

JAMES SEABROOK sworn.

On the 29th of September between four and five in the afternoon, while we were sitting in a little room near the stairs, my wife thought she heard somebody coming down stairs; I opened the door and saw a young woman come down the stairs. I believe the prisoner is the person. I stopped her, and took the gown and handkerchief from her; she pretended she was going up stairs to a washerwoman. I have no woman at all lodges in my house; I sent for a constable, and she was taken to the Compter. The goods were delivered to the constable.

( Joseph Spencer , the constable, produced the gown and handkerchief in court, which were deposed to by Mrs. Seabrook.)

Prisoner. I have nothing to say in my defence.

(The prisoner called two witnesses, who gave her a good character.)

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

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17791020-35

510, 511, 512. ANN DAVIS , JUDITH ANDERSON , and MARY WOODEN were indicted for stealing two guineas, a half guinea, a shilling, and a sixpence, in monies numbered , the property of Thomas Bird .

THOMAS BIRD sworn.

I live in Whitecross-street. On the 23d of September I had been about some business to a Mr. Watts, in Penitent-street, Ratcliff-highway, coming back down Petticoat-lane, between ten and eleven o'clock, at the end of Catherine-Wheel-alley, which is on a line with Whitecross-street, the youngest of the three prisoners, Mary Wooden, accosted me with my dear, how do you do? I told her I was very well; she asked me if I would go with her a little way up the alley, for she wanted to speak with me; I went with her, and she took me into a house in Gravel-lane .

Are you sure of the person? - Yes; I was as sober as I am now. I asked her what she wanted with me; she said she wanted to be concerned with me; I told her I had no desire for a woman, though I was weak enough to go with her; every man is fallible and liable to be drawn in, as they lie so in wait. I went into a room with her but had no connexion with her when I was in there with her, as I told her I had no desire of any connexion with her; she said I must give her something; I gave her sixpence in silver, and five or six pennyworth of half-pence; I then told her as I had no desire of any such kind of person, I would go about my business; she told me I must pay for the use of the room; I told her I had no more, or no more to spare, I am not certain which; she immediately called out to somebody by name, but I do not recollect the name; upon which the other two prisoners rushed in.

Are you certain as to their persons? - Yes, as sure as day-light; when they came in they said, so you will not pay her for the use of the room, blast your bloody eyes! you shall pay, and instantly seised me and threw me down upon the bedstead that was in the room; I do not know whether there was a bed on it or not, and threatened to murder me several times. Ann Davis held my left arm and left thigh; the little one held my right arm and right thigh, and the other took the money out of my pocket, it was in my right-hand coat pocket; there were two guineas, two half guineas, a shilling, and a six-pence; I took it from my other

money in my breeches pocket, and put it into my coat pocket as I went up the alley with Wooden. As soon as they got my money, they all ran out at the door in the back part of the house that goes into Pump-alley; in their hurry they dropped a shilling, which I picked up; I pursued them and never lost sight of Davis, excepting while she turned the corner of a wall; I took her in a house at the bottom of the stairs; there was a passage through the house, but the person who belonged to it had stopped it up the day before; the other two ran up stairs. Some assistance came, and they were all taken and carried to the publick-house; they wanted me to take my money again and make it up; I would not, but sent for a constable.

From Davis. Whether he did not take me into a publick-house and search me where it was not proper for any man to search? - She was not searched.

WILLIAM JACK sworn.

I am a watchman. I was sent for to assist Withers, the constable, in taking the prisoners; we searched them, but found nothing upon them; we took them to the Mansion-house; after the hearing was over, they offered the prosecutor a guinea and a half if he would not prosecute them; he said before the hearing, if they would give him a guinea and a half there should be no more of it; they said after the hearing, they would give him a guinea and half, but they would not before.

DAVIS's DEFENCE.

This man took me into a publick-house and used me very indecently; I pulled my things off, and he searched me all over; he said she has not the money, but I think I can swear to her. I asked him if I had been in company with him; he said no, but I was concerned and had never been out of his sight; now if I had never been out of his sight, and had taken the money, I must have had it about me.

ANDERSON's DEFENCE.

I know nothing about it.

WOODEN's DEFENCE.

I am going of thirteen years of age; he asked me to go and drink with him; he had no more than fou r halfpence, and one was a bad one; there was a good deal of dispute about it.

ALL THREE GUILTY .

Tried before the London Jury before Mr. RECORDER.

[ Davis, Anderson, and Wooden: Whipping. See summary.]

[Davis and Anderson: Imprisonment. See summary.]

Reference Number: t17791020-36

513. ANN CRAWFORD was indicted for stealing two guineas, seven half guineas, and one shilling in monies numbered the property of William Hutchins , September 29th .

WILLIAM HUTCHINS sworn.

As I was coming up Ludgate-hill , on the 29th of September, at about twenty minutes before eleven in the evening, I met with the prisoner; we went up the court and had about two minutes conversation together, during the conversation she picked my pocket; we parted; I turned round and saw her run; I clapped my hand to my pocket and missed part of my money; I had more in my pocket; I pursued her, and near the church I caught hold of her left arm, and said, madam, you have robbed me; she said how came you to think of that, did not you hear money jump out of your pocket on the pavement. She threw a key down on the pavement to deceive me, that while I was looking for it, she might get away; I took her up into the court again, and said she had part of my property, and desired her to give it up to me; she said I have not, for you must have heard it jump out of your pocket on the pavement; I told her there was no such thing, and if she did not deliver my property immediately, I would call the watch; she said no, do not call the watch, I will give it you; I said then do not hesitate about it, for if you do I will call him immediately; she then said how can you think I have any of your property, I have none of it; I then called the watch, and desired him to go for Mr. Proctor, the constable, whom I knew; he went, but could not find him, he brought Mardell, and gave him charge of

the prisoner; we took her into a house in Stationer's-alley, there Mardell searched her, and found the money in her mouth; he took out two guineas, six half guineas, and one shilling, and one half guinea dropped on the floor as he took it out of her mouth. I had in the whole in my pocket three guineas, fifteen half guineas, and a shilling; I had counted the money about fifteen minutes before; I was in no one's company but her's; I missed exactly the money found upon her.

RICHARD MARDELL sworn.

I am a constable. I was fetched by the watchman, and found the prosecutor and the prisoner together; I searched her and found the money in her mouth (producing it); she said it was her first offence, and begged he would forgive her.

PRISONER's DEFENCE.

I have nothing particular to say.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

[Whipping. See summary.]

Reference Number: t17791020-37

514. WILLIAM MATTHEWS was indicted for stealing a wooden box, value 2 s. five glass bottles, value 6 d. and four yards and an half of silk, value 3 s. the property of Richard Whiting , October 12th .

THOMAS PRICE sworn.

I am a hackney-coachman. While I was upon the stand near Fetter-lane , about seven in the evening on the 12th of October, there was a stage-coach stopped opposite me, the coachman got down to let out some passengers; while the coach stopped, I saw the prisoner get upon the hind wheel, and look into the basket, at the back of the coach. I am sure the prisoner is the man. Then he got down and went to the other side of the coach, as if to see if all was clear, then he went round again, and got up and took a box out of the basket; I immediately jumped off my box, upon which the prisoner dropped the box and ran away; I pursued him and brought him back; I called Walker to my assistance, for the prisoner behaved with violence; he d - d and swore at me, and threatened me; I put him into the coach, and brought him and the box to the New Inn, in the Old Bailey.

From the Prisoner. Did not you say before the justice, that I threw the box towards your head? - Yes, he did so.

RICHARD WALKER sworn.

I am servant to Richard Whiting , who is the proprietor of the stage-coach ; I pursued when an alarm was given that a box was stolen. I assisted the last witness in securing the prisoner. I know the box, which is produced in court, was in the basket when the coach stopped; the box and its contents were in my master's care.

Price. The box produced is the same box which I saw the prisoner take out of the coach.

WILLIAM MARTIN sworn.

I am a constable. I was sent for about eight in the evening to the New Inn in the Old Bailey. The box was there produced and the prisoner; these are the goods (producing them.)

PRISONER's DEFENCE.

I had been to carry my dirty linen to wash to my sister's; I had not been five minutes out of her house before this man laid hold of me, and said I took the box. I know nothing of it.

(The prisoner called two witnesses, one of whom had known five, and the other twelve years, who both gave him a good character.)

Catherine Hall. The prisoner is my brother. He left me at seven o'clock; he had not been gone out three quarters of an hour before I heard he was taken up.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17791020-38

515. LEA JOSEPH SOLOMONS was indicted for that she on the 21st of August, about the hour of twelve in the night, wickedly, maliciously, and unlawfully, did set fire to a certain pair of wooden chest of drawers, and to a certain chest being in a certain room up two-pair-of-stairs, in the house of John Bosworth , D. D. of which house she was tenant, with an intent feloniously to set fire to the said house .

2d Count. For maliciously and unlawfully setting fire to the same things in a certain other house, of him the said John Bosworth , D. D.

3d Court. The same, only stating it to be in the dwelling-house of her the said Lea Joseph Solomons .

4th Count. For attempting to set fire to the said house.

JOHN HOW sworn.

On Saturday evening the 21st of August last, as I was coming down Warwick-lane, towards my own home, at about a quarter after twelve o'clock I was alarmed with the cry of fire! I went immediately down to the Oxford-arms passage , where the cry proceeded from, and on entering the door-way of the house I perceived Mrs. Solomons, the prisoner at the bar, lying on the stairs, three or four stairs up; I asked what was the matter; she said for God Almighty's sake my house is on fire. I asked where; she said up stairs; I called to the servant, who was in the kitchen, for a candle; the girl very readily got it. On my turning the wind of the door blew the candle out; I desired the girl again to light the candle, which she did. Mrs. Solomons lay across the stairs, so that it was impossible to go up fairly; I stepped over her, and ran up stairs; she observed to me that she had a very valuable trunk, and said if that was lost, she was ruined; in the one pair-of-stairs, she said, this trunk was. I went into the one-pair-of-stairs room, and got it down stairs. The trunk was very weighty. I immediately ran into the two-pair-of-stairs room, and the first object that struck me was a chest upon chest on fire; I ran down stairs in order to get some assistance, and at the bottom I met Francis Bursell .

He came to your assistance? - Yes, by the alarm of Mrs. Solomons I apprehend. As soon as we entered the room I observed on the right-hand, a very large window, before this window there was a curtain, which was so near to the chest upon chest, that I was afraid of its catching fire; I said Frank, whatever you do, pull that curtain down; he did so; we ran down stairs and got some water; while we were down, several other neighbours were alarmed; we went up again and extinguished the chest upon chest; upon going into the room then we observed a wooden chest and the closet on fire, but I am not sure whether we observed that at the second or third time of going up. Here is a plan of it in paste-board (delivering it into court). The square in the corner, that is partitioned off, is the stair-case.

When you saw the fire in the other-chest, what situation in the room was that with respect to the bed? - The bed was close to the chest, it was between the things that were on fire; I did not see the bureau on fire, but upon examining it afterwards I saw it had been on fire; I observed the fire burst out all at once in the closet; there was a little window in the landing-place; I had a candlestick in my hand; I immediately knocked the glass into the closet.

Was the closet door shut or open? - Shut.

So that the fire could not have communicated from the room into the closet? - No, it was impossible; with eight or ten pails of water we quenched the fire; several neighbours then came round the chest;

when it was properly extinguished, the lid and under part were burnt a good deal, there seemed to be in it the remains of an old blanket, some straw, some papers, and other things.

As to the chest which she said contained all her valuables, what was found in it? - An old blanket and many other things, I do believe put there for the purpose of burning; there was nothing to appearance to the value of twopence. I examined the bureau two or three days afterwards. When I came down stairs and every thing was quiet, Mr. Procter observed it was necessary to know what she was insured for; she said she was insured for 700 l. but 3000 l. would not put her property in its place. This induced some of the gentlemen to ask for the key of the trunk, which was taken out of the one-pair-of-stairs room that was opened, and there appeared to be nothing of any value in it, but every thing packed up, all her clothes, as curious as possible.

Cross Examination.

If I understand you there were a chest of drawers and a trunk on fire in the two-pair-of-stairs room? - There were a chest of drawers, a box which was near six feet long, which is here, and a closet, all in a blaze.

And something else you say upon the three-pair-of-stairs? - That I cannot speak to myself.

You have been speaking to a box in the one-pair-of-stairs, in which there were some valuable things? - She seemed to hinge upon the value in the one-pair-of-stairs room.

There was then a box of value in the one-pair-of-stairs room? - I saw it opened, it principally consisted of her clothes.

The alarm of fire you speak of arose from the exclamations of the prisoner herself? - Yes; I was curious to examine if there was any one else in the house.

You have examined all the house over have not you? - I have.

No part of the house was on fire at all? - The paper in the room was burnt and the shelves in the closet.

Nothing drew your attention to this place but the voice of the prisoner? - Yes.

And she must have called out to you almost as soon as the flames were perceptible. - I cannot think it.

You yourself went up several times, which took up some considerable space? - Very little time.

It must have taken up five or six minutes? - Not so much; we were very expeditious; there is another thing; she said she had been in bed; it was observed that if she had been in bed, she could not very easily have dressed herself, and be ready to give the alarm in the situation she then appeared; it led me to examine whether she was completely dressed; she had her shoes buckled, her stockings on; she was completely laced, and it appeared as if she had not been undressed at all.

Counsel for the Crown. There were no symptoms of her having got up in a violent hurry? - No; none at all.

FRANCIS BURSELL sworn.

I was journeyman to a Mr. Rutter, a butcher in Butcher-hall lane; coming by the house, at about half after twelve o'clock, I heard an alarm of fire; I went down the Oxford-arms passage; I saw Mrs. Solomons lying across the stairs; she cried out fire, and that she was ruined, she was ruined. I said let us come by; she said I am ruined, I am ruined; take care of my chest, take care of my chest, and upon the stairs I met Mr. How; he and I ran up stairs together; I saw the drawers in a blaze; there was a great curtain hanging about a foot from the drawers; How said go in and pull the curtain down; I did so, but the fire began to be so bad I could hardly get out of the room. How and I went down stairs; the maid gave us two or three pails of water; I took the water from How, and threw it into the bottom drawer, and put it out; the bottom drawer was burnt through. In turning round afterwards How happened to see a light in a closet on the stair-case; he took the bottom of a candlestick, and broke the window; I threw three or four pails of water through that; afterwards we went with inside the room, and opened the closet door, and put that out.

Was the door of the closet shut or open? - Shut to the best of my knowledge; but I will not positively swear that. In turning round I saw the chest all on fire; I threw water upon that; I had water brought me up; I do not know who brought it, but I put it out myself.

Did you observe the bureau? - No; nor any body else, I believe, at that juncture of time.

Did you hear any thing from the prisoner about this valuable chest of her's? - I remarked her saying, when I came down, that 3000 l. would not make her amends. I asked her what she was insured for. At first she said one thing, then another; at last I remember she said 700 l.

When the fire was put out were the contents of this chest examined in your presence? - Yes, and it contained a bit of an old blanket, some straw and hay, and some bits of paper.

That was the chest that was on fire in the two-pair-of-stairs was it? - Yes; I saw the trunk in the one-pair-of-stairs opened; there were a good many gentlemen present at the time; I did not observe particularly what was in it.

Did she say where the chest was that was so valuable? - No; she said when I went up stairs I am ruined! I am ruined! take care of my chest, my chest.

Cross Examination.

All you heard her say was, take care of my chest, and one had valuable things in it, the other had not. - The other had not.

There were, I believe, a great many pictures hanging up in some part of the house? - I believe there might be in the one-pair-of-stairs room, but very few in the room that was on fire.

Valuable pictures? - I do not know the value of them.

Counsel for the Crown. It is not much in your way, a butcher, to know the value of pictures? - No.

JOHN PROCTOR sworn.

I live within about twenty-five yards of the prisoner. A little before half after twelve o'clock I was alarmed; I ran down stairs, and went to Mrs. Solomon's house; I went up into the two-pair-of-stairs room, and saw the drawers on fire; I saw the chest on fire, and I saw the closet on fire; the flames came all over the window on the stair-case; we got the fire under; I threw several pails of water upon it; then I went up into a garret, there I perceived a cabinet, with folding doors on fire; I put that out.

Was the door of the cabinet shut? - Yes; I opened it myself, but the glass on one side of it was broke a little.

Was that on fire on the inside or the outside? - On the inside. I came down and took a view of the situation of the fire in the room, and it struck me it must have been wilfully done; I then went down to Mrs. Solomons, and asked her if she had been a bed; she said she had; I asked her in what manner she was alarmed; she said she was waked by the fire all about her; upon that I took the liberty to look at her shoes; I saw her shoes were buckled; I saw her stockings were on; I felt her stays, and found them laced; I told her I thought, if she had been waked with the flames all about her, she would not have had time to dress herself so complete as she was; I asked her whether she was insured or not; she would not answer for some time; after asking her several times, she said she did not know; after that she said she was; I asked what she was insured for; she said she could not tell; I asked if she was insured for a thousand pounds; she at last said she was insured for 700 l. but she said my chest, my chest, in my two-pair-of-stairs; 3000 l. will not make me amends for my chest; being one of the beadles of the ward, as it struck me that she had done it on purpose, I took her into custody, and carried her to the Compter.

You examined these drawers, I believe, in the two-pair-of-stairs, to see what they contained? - I did; Mr. Rowley in my presence took an inventory of them; in the upper drawer there were three tools for marking linen, and three brass cloke-pins; here is an inventory of them.

I believe the whole contents is not worth twenty pounds? - Nor twenty shillings;

besides some apparel that was in a trunk, which seemed to be good.

I believe you went the next morning for the purpose of viewing more deliberately the manner in which this fire had been occasioned? - I did; the bureau was opened, and I perceived the inside of the upper part of it that shuts down was all burnt, and there was a great quantity of tinder and rags burnt, but for want of air it appeared to have gone out; the inside was all burnt; I observed the pigeon-holes were filled full of brown paper, and different sorts of paper, which appeared to me to be stuffed in to burn.

Cross Examination.

You had an inventory taken of all these things I understand? - Mr. Rowley took it while I was present.

And all the things in the trunk in the one-pair-of-stairs? - Yes.

Were they appraised? - Mr. Rowley, a surveyor belonging to the Sun fire-office, valued them.

Is he a judge of women's wearing apparel? - They were given up, and sent to her.

Nothing was valued but household furniture? - Every thing but the trunk of clothes.

What was the household furniture valued at? - Fifty, or fifty-two pounds, I believe.

Court. You observed the different pieces of furniture which were on fire, were they adjoining to one another, or in different parts? - The chest upon chest was opposite the door; next to that was the little bureau; next to that the bed, and beyond the chest stood the large chest, and the closet was on the other side of the room, so that the fire was in three corners.

EDWARD ROWLEY sworn.

I am a surveyor to the Sun fire-office.

Did you appraise the effects in this house? - I did.

How much does the whole in this house amount to? - I made the household furniture amount to fifty-two pounds, ten shillings.

Did you make an estimate of the clothes? - I took an inventory of them, but did not value them, as she had an order to have her wearing apparel.

Now, setting a high value upon the clothes, how much do the, amount to? - The greatest value I could put would not amount to 30 l.

So then all together amount to but 82 l.? - Yes.

For what was she insured at the office? - (Refers to the book). On the 3d of July, 1777, Mrs . Solomons took out a policy at the Sun fire-office under this head -

" Lea Joseph Solomons , No. 1, Oxford-arms passage, Warwick-lane, merchant , on her household goods not exceeding 300 l. wearing apparel 100 l. stock not hazardous therein, not exceeding 300 l. it was paid up to next Christmas.

Cross Examination.

How long have you been surveyor to that office? - I have belonged to that office about thirty-three years.

Can you tell how long the prisoner has been insured in that office? - I have heard she was insured before she came to this house.

I am instructed to say she has been insured in this office twenty five years? - Very likely she may at different places.

During that twenty-five years has she ever made any claims upon the office? - Not that I ever heard.

I observe that the insurance that you speak of is for 700 l. 300 l. household goods; 100 l. apparel, and 300 l. stock? - It is so.

You have given an account that you appraised the household furniture to 52 l. 10 s. in that do you include pictures? - I did not, because they are not insured.

The reason of your taking an account was in order to form some judgement of what value there was in the house, that was insured in your office; pray were there several pictures in the house? - There were some in the one-pair-of-stairs; I never took particular notice of them.

Are you a judge of pictures? - A little.

And you observed some pictures? - I did look at them.

Were they any of them of any value? - There was one might be worth about 25 s. the rest were more trifles.

Were not the pictures worth more than 20 l.? - No; not I believe 5 l.

Was there any other property in the house, besides what you have been speaking of?

There was something that did relate to her stock in trade, I apprehend, which was a brown paper of metal buckles.

The value of which you cannot speak to, I suppose? - Not 10 s.

RICHARD DERRY sworn.

As you have bought these valuable pictures it is of some consequence, as the empress of Russia is collecting, to have it known; how much did you give for the whole, pictures, and all? - Twenty-five pounds.

Upon what terms would you dispose of those pictures? - I should be very glad to sell them for three guineas.

Prisoner. The pictures are ten guineas, five guineas, two guineas a piece, all capital pictures.

Cross Examination of Richard Derry .

Perhaps you are no judge of pictures? - I cannot say that I am any great judge.

WILLIAM FRENCH sworn.

I believe you collect the rents for Dr. Bosworth? - Yes; I do.

This is his house, is it not? - It is.

You have received the rent from the prisoner for it? - Yes, repeatedly.

Cross Examination.

You may perhaps have seen something of these pictures? - I have several times.

Perhaps you may be a better judge of pictures than the last witness? - I do not profess myself a judge of pictures; I judge the value of them is about five pounds.

Prisoner. Oh! you have seen my dining-room, what there is in it. Oh! you are a wicked fellow!

SARAH LEVI sworn.

(This witness not understanding English an interpreter was sworn.)

You was servant to Mrs. Solomons at the time of the fire? - I was.

How long had you lived with her? - A fortnight.

In what room did you lie? - Below stairs in the kitchen.

Who lay in this two-pair-of-stairs room where the fire was? - My mistress lay there.

Had you been gone to bed before this alarm of fire? - I was a bed at ten o'clock.

Where was your mistress? - Above, in her room.

In what manner did you first hear of the fire? - My mistress came down stairs from my room and waked me. I was asleep.

Prisoner. Whether at ten at night you did not light me to bed, and help to undress me? - Yes; I brought a candle up and helped to undress my mistress, and then went down stairs; she used to burn a candle all night.

Cross Examination.

Whether you had not been up with a candle that night to fetch things down for your mistress? - No.

Prisoner. Whether you did not at eight o'clock go up stairs, and fetch a bottle for me? - I do not remember any thing about it.

Prisoner. I leave my defence to my counsel.

For the prisoner.

JAMES BARRY sworn.

I have been a tenant of the prisoner's four years; she always behaved very civil whenever she called for the money at my place.

Do you, upon your oath, believe she would attempt to set her house on fire?

Court. That is not a proper question, you may ask to her general character.

I believe her to be a very honest woman, as far as I know of.

JOHN WILLIS sworn.

I have known her seven or eight years; she has a very good character for whatever I heard of her; I rent 18 l. a year of her.

Prisoner. These are my tenants.

JAMES BAKER sworn.

I have known her seven or eight years.

What has been her general character? - I cannot say any thing of her general character; there is an attick story in an estate she has I have rented seven years as a workshop; it lies at the back of my house, and is one of the shops in which we manufacture goods.

I ask you as to her general character? - I cannot answer to it.

JOHN COTTER sworn.

I have known the prisoner about four years; I know no further of her character than that she comes very civilly for her rent.

THOMAS NASH sworn.

I have known her about twenty years.

What is her general character? - I can say but little of that; I am in the linen drapery business; I have had dealings with her, she had shirts and stocks of me. I left off business two years ago.

She is very far from a distressed woman? - I believe so; she always paid me very honestly for what she had of me.

WILLIAM BARKER sworn.

I have known her about town twenty years, I dare say; she has been a customer of mine, and always paid for what she had.

She is not a distressed woman I believe? - I know nothing of that.

SAMUEL JOSEPH sworn.

How long have you known the prisoner? I know nothing of her, but that a gentleman lodged at her house who went abroad, he owed me a sum of money, which I received through her hands.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Fine. See summary.]

[Imprisonment. See summary.]

Reference Number: t17791020-39

516. THOMAS TYLER , was indicted for wilfully, fraudulently, and feloniously concealing great part of his personal estate (to more than the value of 20 l.) to which he was intitled before the time of the issuing of a commission of bankrupt against him, to wit, the sum of 61 l. 10 s. which at the time of issuing the commission was due and owing to him, from Richard Dowding , William Bishop , and Fairfax Bedlington , with intent to defraud his creditors , against the form of the statute.

(Mr. Richard Dowding , Noah Mordicai , and James Hughes , were called to prove the prisoner a trader, in that he was a watchmaker, and dealt in hard-ware .)

(A debt of 283 l. was clearly proved to be due to the petitioning creditor.)

Mr. SAMUEL WADESON sworn.

I am an attorney. On the 8th of December, 1778, I sued out a writ against the prisoner at the suit of Tyler, Rickets, and Johnson; on the 10th, the prisoner not having been then arrested, Mr. Rickets called on me and told me he had appointed to meet Mr. Tylor at nine o'clock the next morning, and he asked me to go with him, as he wished to settle it without arresting the defendant. I went with Mr. Rickets on the next morning, the 11th, to Mr. Tylor's house; his sister told me he was not at home, but if I returned in half an hour I might find him at home; I had gone but a little way down the street before I was informed that the sheriff's-officer had seen the prisoner in the house. Mr. Rickets and I went to the house, the officer searched and found him in the cellar; I saw him come out at the door-way that led to the cellar; I then went into the parlour with him with Mr. Rickets; I asked him what could induce him to conceal himself, since it was so notorious that he was at home; he said he suspected a writ was out at the suit of Mr. Rickets, and he was afraid of being arrested, as he knew there were more writs against him, that if he got into the hands of the officers, he knew they were imposing, and it would cost him a good deal of money; he said he expected to receive a sum of money soon, and would settle for his debts. He offered me different securities.

From the prisoner. Whether any person in my house acquainted you that it was my desire that I should be denied?

Wadeson. You told me yourself that you had ordered yourself to be denied, and that you had secreted yourself.

Prisoner. I was shaving myself, and it was my usual mode to do so between ten and eleven o'clock, that I might go to Change.

PATRICK CAWDRON sworn.

You are a Sheriff's officer? - I am.

Do you remember going to the house of the bankrupt with Mr. Wadeson? - I did not go with him; I saw him there; I was at a publick-house directly opposite the prisoner's house. When Mr. Wadeson knocked at the door I saw Mr. Tylor look out at the two-pair-of-stairs window; upon the answer they gave Mr. Wadeson, he was going away, he went down the street; I sent my servant after him, to desire he would come back, for I had seen Mr. Tylor at the window; he came back, and I went into the house and did my business.

Where did you see Mr. Tylor when you went into the house? - When I went into the house, I went up stairs immediately, expecting I should have found him there, but I did not; then I searched the yard, it was a very rainy morning; I looked on the pavement, but saw no footsteps of any one having gone away, upon which I judged he was in the house.

Where did you find him? - In the cellar.

What was he doing there? - I do not know, it was quite dark. I said I was surprised he should deny himself to me.

Prisoner. I should be glad to know how far a creditor under the commission is to be an evidence in this prosecution. This gentleman is a creditor.

Are you a creditor? - Yes; he gave me a bill of one Bricksworth in Worcestershire, for 47 l. I never could get any money from that party, and I have arrested him.

(The affidavit of the petitioning creditor read.)

(The bond given, as usual, by the petitioning creditor, read.)

(The oath of the commissioners previous to their proceeding under the commission, read.)

THOMAS BRIGGS sworn.

What are you? - A messenger to the commissioners of bankrupts.

Did you go to the house of the bankrupt in December last? - I did.

Is this a copy of the notice you left with the prisoner's servant? - I left a copy of this notice with Thomas Ridge , a lodger there.

Did you see the bankrupt any time afterwards? - Yes, he came home on the Sunday evening following, I believe.

Was he apprised of the notice you left? - No, he knew of it before, I apprehend; I was in possession of his effects.

(The notice read. It was dated December the 24th 1778. It acquainted him that a commission of bankrupt was issued against him, and required him to appear before the commissioners on the days therein specified.)

(A like notice was read from the Gazette, dated from Tuesday December 22, to Saturday December 26, 1779.)

Mr. JAMES RUMBALL QUILTE sworn.

In consequence of the notices which have just been read, did the prisoner appear before the commissioners at Guild-hall, at any time, and when? - He appeared on the 6th of January, being the second meeting, and presented a petition, stating, that he was not then prepared, and praying for further time He appeared before the commissioners on the 6th of February. I was present.

Was he sworn to give an account of his estate and effects? - He was.

You will give the court an account of the questions that were asked him, and the answers he gave to them.

Counsel for the prisoner. There is, I presume an examination taken in writing? - There is.

(The examination, dated February 6, 1779, and signed by three of the commissioners, and by the prisoner, read.)

Court. I take it for granted that in no part of this examination there is any notice taken of this debt.

Counsel for the crown. There is not.

Mr. WILLIAM KEATING sworn.

You are in partnership with Mr. Quilter? - I am.

You will please to produce the book of account, marked B which is mentioned in that examination by the prisoner? - This is it (producing the book) there is the entry of the debt in question.

" Sept. 4th

"Messrs. Dowding, Bishop, and Burrington.

"To three plain gold second watches, twenty pounds ten shillings each

61 10

Just under Sept. 4th in the margin is

"pd".

WILLIAM BISHOP sworn.

Do you know the prisoner? - I do; he sold us three gold watches at twenty-one pounds ten shillings each, on the 4th of Sept. 1778, as it appears by our invoice book.

What were the watches for? - They were part of an adventure to Petersburgh.

Do you remember the prisoner calling upon you any time in December? - Yes, on Monday morning, the 28th of December, the prisoner came to our counting-house and requested payment for three watches; I sent for Mr. Dowding into the counting-house; there was some conversation between them, as the time for payment for these watches was not expired; at last Mr. Dowding agreed to the prisoner's drawing upon him at a certain time; I drew up the bill and gave it to the prisoner to sign; I had occasion at that time to step out of the counting-house, on my return I found the prisoner had drawn up a

bill of his own, which was antedated, it was dated the 18th; whereas the one I drew was dated the 28th; I remember there was something started by Mr. Dowding. When the prisoner wanted his bill antedated; but I do not remember the conversation upon the subject, but however I took the bill he drew up, and copied it into our bill book.

Who was the note signed by? - Mr. Tyler drew it up; it was accepted by Mr. Dowding immediately.

How long had the note to run? - I do not remember the tenor of the bill.

Has that bill ever been paid? - The amount of it has been paid to the assignees, but the bill has never yet been paid.

(The bill produced by Mr. Dobson.)

Is that the bill? - It is.

(It is read.)

London, Dec. 18, 1778.

Sir, seven months after date please to pay Mr. Thomas Rich , or order, sixty one pounds ten shillings.

T. Tyler.

61 10

To Mr. Dowding, Shadwell.

When did it become due? - The 21st of July.

To Mr. Bishop. Had you been apprised that morning of a commission having issued against the prisoner? - Certainly not.

What time in the morning did he come to you? - Between seven and eight, as near as I can recollect.

At What part of the town do you transact your business? - No. 58, Wapping-wall, at Mr. Dowding's house.

Cross Examination.

What business are you? - I deal in porter and wine.

What business may Mr. Dowding be? - A cooper; and he deals in porter and wine too.

What business is Mr. Bedlington? - The master of the ship that we sent this adventure in to Petersburgh.

In fact Bedlington is the man that is called Captain Bedlington ? - He is.

Do you recollect the prisoner or Mr. Rich calling upon you before, with respect to that money? - I do not.

You do not recollect one of them being with you a week or ten days before that time? - No, I remember nothing of it.

Counsel for the crown. When was you first apprised that a commission had been issued against the prisoner? - Immediately after this transaction. We went in to breakfast, while I was at breakfast, I saw in the Morning Chronicle, that Mr. Tyler was declared a bankrupt.

Court. Then what step did you take? - It subsided; we thought no more of the matter.

Court. Did you think you could be justified in paying a man against whom there was a commission of bankruptcy? - We did not think much about the matter, through the multiplicity of business we forgot it.

Court. Forgot it! - We did not think there was any fraud intended.

Court. Did not you think you was in danger of losing the money? - No.

Court. How long have you been in business? - Three years for myself.

Court. Did you never prove any debt under a commission? - Never; my partner might.

Counsel for the prisoner. Who is your partner? - Mr. Richard Dowding .

Have you any other partner? - Captain Fairfax Bedlington was concerned with Mr. Richard Dowding and me in this adventure only.

RICHARL DOWDING sworn.

Do you remember the prisoner coming to you at your counting-house or house? - I do.

What time was it? - On the 28th of December, he came very early in the morning.

What passed between you and him respecting payment for these watches? - It was customary for me to pay Captain Bedlington's bills; we had had some transactions with him; he is master of a ship in the Peters-burgh trade, which was under my direction. At buying these watches, Tyler understood I was to be paymaster; I believe, I told him I should pay him for them; and I think they were bought at nine months credit; he applied to me, I believe, on the

Friday or Saturday, prior to his coming on the Monday morning; he pleaded the distress he was in for want of money and begged I would accept a bill for the amount; I said it was not customary for me to accept bills, but I could assure him the money would be paid when the time came round. Your Lordship asked what steps we took after hearing of his being a bankrupt; that matter did not lie with Mr. Bishop, because he seldom settled any bills without my being present. Tyler pleaded so much the necessity he was in for want of money, that I acquiesced with his request. I said if he would call upon me on Monday morning I would endeavour to settle the business for him; he called on me early on the Monday morning, the 28th; he asked if I had considered the business.

When did he come before that? - The Friday or Saturday the 25th or 26th. I bid him call on Monday morning; he came and asked me if I had considered it; I consented to it, and desired Mr. Bishop to draw the bill; after Mr. Bishop had drawn the bill, Mr. Tyler hesitated for some time, then he requested to know if it would make any difference to me to permit him to antedate the bill back to the 18th? and he said, if I had no objection I might date it at seven months, I think those were his words. I told him a month was no consequence to me; I asked him why the bill he had in his hand would not do? I think he told me it would answer a better purpose to him if I would permit him to antedate it, because he might be more able to negociate it, or something of that kind? I do not recollect the particulars; I said you may draw the bill and date it the 18th. I had not an idea of what had happened at the time; he then drew the bill, and I think the bill was payable to Thomas Rich , a person I do not know; I accepted the bill, and Mr. Bishop entered it in our bill-book. This is the bill (producing it)

At the time you accepted that bill, were you apprised, or had you any intimation of a commission having been issued? - No, upon my oath I had not.

When did you first know of it? - Immediately after the transaction, we went in to breakfast; I took the Morning Chronicle? and in the list of bankrupts, I saw Tyler's name; then I observed to Mr. Bishop it was an extraordinary transaction; it did not strike me then, as to the consequence, nor did I enter much into it, he said it has an odd appearance.

Did you at any time, and when, make mention of this to any body? - Some few days afterwards I happened upon 'Change to meet Mr. Keating, the gentleman who was attorney for the bankruptcy, he was telling me what a villainous man Tyler had turned out, or something of that kind; I mentioned to him I accepted a bill for Tyler a few days ago; I immediately told him the transaction; in consequence of this the next morning the assignees came down to me and begged I would permit them to look into my bill-book, to see what time that bill was accepted; I then referred them to Mr. Bishop, and he told them the bill was antedated.

Cross Examination.

Did you or Captain Bedlington buy these watches? - I did not buy them of him, the Captain bought them, I was in the compting house when the captain was looking at them, it is mentioned in the bill (bought by Captain Bedlington.)

Mr. KEATING, again.

You was present when this examination was taken before the commissioner? - I was; and examined the bankrupt for several hours.

Do you remember this book being produced? - Yes; I held it in my hand and examined the bankrupt to the particular sums in it.

There is particularly that entry of Bishop Dowding and Bedlington of three gold watches? did you put any questions to him about that? - Towards the conclusion of the examination, seeing the name Dowding, and knowing him perfectly well, I said, I see that Mr. Dowding's debt is paid too. He said yes. I said, pray how is that paid? he either said in cash or bank notes. It struck me that all the men in the list of debts due to him who were known to be responsible men, their debts were made paid.

Had he signed his examination before you asked these questions? - He had not, he might have signed it but did not deliver it up at his examination.

You asked him questions about this item, in what manner it had been paid? - He told me it was paid some time before; I believe he mentioned the day, either in cash or bank notes, he swore it had been paid.

Court. Swore? - Yes, he was upon oath.

Court. Then I cannot receive parol evidence of that, it is the duty of the commissioners to reduce into writing every thing he said upon oath.

Counsel for the Crown. Were you present before the magistrate when he was examined there? - I was.

Who was the magistrate before whom he was examined? - Justice Addington.

Was his examination reduced into writing there or not? - Not into writing.

What day was that? - Wednesday the 7th of July last.

What was the account he gave there? - On Wednesday the 7th of July he was apprehended and carried before Mr. Addington; he was asked what he had done with this note, he then said that he had paid it to one Henry Noah , of which Noah was to pay him 47 l. and to procure bail to be put in to two actions against him.

Was he at any other time before any other magistrate, and when? - On the 12th of July he was examined before Sir John Fielding ; he told Sir John that he had paid the bill to one Rich who lived; I think, with him in the capacity of a servant, towards satisfaction of a debt he owed him.

Do you happen to know anything of that Rich? - Rich lived in the house.

Does there appear to be any demand from Rich to him, or any debt due from Rich to the estate? - No, in the account made up by the assignees it appears the contrary.

PRISONER's DEFENCE.

I will beg permission to read a few remarks I have made. My Lord and blun the men of the Jury, The idea I have formed of the solemnity of this day hath not a little filled my mind with that which is cruely aweful as knowing it to be a day pregnant with life or death! yes, from your determination, to be a day of deliverance and salvation to me, or to be a day of misery and great affliction. Under these ideas of the last importance, my heart feels the strongest satisfaction that as I stand at this bar, I stand out of the reach of envy; before you, my Lord and Gentlemen of the Jury, who I am persuaded possess a real knowledge of that statute upon which I am indicted, and those concomitants which must be proved before I can be found guilty. The laws of Britain are laws of mercy, and I trust, this honourable court will be indifferent between me and the king. When a man is indicted at the king's suit, the king intends nothing but justice with favour; therefore, my king is content that his justice should help the offenders according to truth; and as far as reason and justice may require, I beg my Lord, and particularly sollicit that you see that my indictment be good and sufficient in point of law, that the proceedings are regular, and that the evidence be legal, and such as fully proves the point in issue. Lord Chief Justice Coke says, in case of life the evidence he convict the prisoner, should be so manifest that it could not be contradicted. And Lord Nottingham informed the house of Peers, when sitting as Lord High Steward on Lord Cornwallis's trial for murder, that the evidence upon which a prisoner is condemned, ought to be so very evident and so plain; that all the counsel in the world should not be able to contradict it. Amongst, the requisites for supporting the present prosecution for felony, under the bankrupt laws, one the commission and the act of bankruptcy. When the act of bankruptcy is charged to have taken place, I knew not of the committing any such act of bankruptcy, or, I had not been guilty of any such by my orders. According to Lord Chief Justice Lee's opinions the act of bankruptcy must be committed with an intent to defraud creditors, or whereby creditors may be defrauded or defeated of, or delayed, from the recovery of their just debts. The denial of the party must be with, intent to delay, the creditors, and therefore to be denied when sick in bed or engaged in company; or, upon particular business, cannot be said to be an act of bankruptcy. Lord Chief Justice Camden said it must be proved that the person to whom the

party was denied was a creditor; and that being denied to one who came on behalf of a creditor is not sufficient; that was said by Lord Chief Justice Camden upon a trial at Norwich assizes in an action of Trover brought by the assignee of a bankrupt.

The person who came was no creditor, therefore if I was denied to him, it was not with an intent to delay or defraud him of his debt, because I was not indebted to him; it is true I surrendered and submitted from time to time to be examined, &c. by the commissioners as a bankrupt, finding the acts of parliament were very perilous to bankrupts. It was reasonable for a man, though he believed himself no bankrupt, said Lord Chief Justice Hardewick to go before the commissioners, surrender, and submit to be examined by them, still protesting himself to be no bankrupt; and after passing through all such process, his Lordship agreed the bankrupt might bring an action. The bankrupt must indeed surrender within the limited time and he must submit within the limited time to be examined from time to time; and he must upon his examination disclose, discover, and deliver up his estate and effects. And I did surrender within the limited time, and I did submit within the limited time to be examined from time to time. But as for that particular circumstance in which I am now charged, there it stood as goods that I had sold, and there it stands in the same book as discharged; and I was asked upon my examination no particular questions concerning it. I surrendered within the time, and upon examination, disclosed, discovered; and delivered up my estate and effects. But the act doth not require it to be full, perfect, and complete within the limited time; for how would it be proper, my Lord, if it was so, when a man's memory may fall him at one time, and be fresh at another; or his first answer may be something imperfect; and why should he not be called upon to explain and complete it; if the assignees had not sufficient knowledge of the nature of any part of my estate and effects, it was my business to give them all that information which they required. I do not remember having any questions asked me concerning the present debt or bill; but if I had, and they had not a clear understanding concerning it, and the several other particulars, it is the business of the bankrupt from time to time to inform, instruct, and give every intelligence to the assignees, who are chosen by the creditors for that very purpose, when the bankrupt's person is made secure; for the power of the commissioner is general, and not limited to the compass of time given the bankrupt to come in; the last examination within the limited time is material as to the bankrupt himself, because he cannot contradict it himself afterwards, but I presume a bankrupt may be compelled by the commissioners to make further answers after that time. The bill I am charged with, I drew at the time the evidence says it was; I drew it to the order of Thomas Rich , and the moment it was accepted it was the property of that man, who received it that very morning. This being two days after I was declared a bankrupt, but it was forty days afterwards before I surrendered; and now I am indicted in this court for concealing property after my last examination.

Court. You are mistaken in that, you are not indicted for concealing property after your last examination.

Prisoner. I was indebted to this Rich to the amount of 109 l. by his acceptance by which he became a security for me; when I found myself incapable to make that payment good, and knowing that he would be distressed by law, if he did not pay that bill which he accepted for me, I, on the 18th of December, wrote a letter and enclosed a draught, at four months after date, payable to Rich, and sent it by him to Mr. Dowding, and requested the favour of him to accept it; but he saw him not that day. He went again two or three days after and saw Mr. Dowding; and he said, Mr. Dowding would not accept that bill, but that he would accept one for six months. On the Sunday morning the 27th of December as I was coming from Bromley, I met Mr. Dowding on horseback, he said, Mr. Tyler, I will accept your bill at six months for your friend, if it will be any service to you. Mr. Dowding, as a witness this afternoon, signified

he did not know why it was antedated, he thought it must be that I might get it discounted. Your Lordship sees it already made to the property of another man, and not therefore my property; another man must indorce it ere I could make any use of it.

Court. Have you any thing out of your paper, for that is evidently prepared for you by some person who I suppose, may not be acquainted with the true facts of the cause. Have you any thing to say to the Jury respecting the mannea in which that debt arose, or was discharged so as to satisfy them that you are guilty of no fraud in making that entry in your book in the manner you did? the thing that presses you is this, you became a bankrupt, on the 24th had notice you was a bankrupt; after that you went and got from Dowden and company; a bill as if it was a bill in payment of that debt. Being a bankrupt you could not discharge that debt, and yet you treated it in your book as a debt discharged; and you received the bill and applied it to your own use after you became a bankrupt.

Prisoner. It was applied to the use of Rich who was a creditor, the commission was taken out against me, but there were no assignees; nor were my books in possession; and till assignees are chosen, I believe the bankrupt is master of the estate.

Court. That is, the estate may not be actually taken out of his corporal possession, but he is master of it at his peril, not to waste it or to dispose of it; and more especially when he is to give an account, not to conceal what he has done.

NOT GUILTY .

Reference Number: t17791020-40

517. MICHAEL GREEN was indicted for wilful and corrupt perjury , June 21st .

(To which he pleaded GUILTY.

( Judgement was respited till next Session .)

Reference Number: o17791020-1

*** Thomas King , William Chamberlayne , Margaret Creamer , and Isabella Condon , capitally convicted last sessions, were according to their respective sentences, executed at Tyburn, on Wednesday the 27th of October. The sentences on the rest of the capital convicts were respited during his Majesty's pleasure.

Reference Number: s17791020-1

The TRYALS being ended, the Court proceeded to give judgement, as followeth:

Received Sentence of Death, six.

Timothy Fitzpatrick , John Taylor , John Staples , Sarah Stillwell , Jane Jonas , and William Russell .

Whipped and imprisoned 3 months, five.

Jamsen Burrington , Ann Davis , Judith Anderson , Ann Crawford , and Mary M'Dorman .

Whipped and imprisoned 6 months, one.

Ann Langston .

Whipped and imprisoned 1 month, one.

Bridget Murphy .

Wipped and to serve his Majesty, one.

Thomas Pritchard .

Whipped, five.

William Thompson , Ann Morris , Mary Wooden , Ann Moile , and Sarah Phillips . T

Navigation for 1 year, one.

William Matthews .

Fined 100 l. and imprisoned in Newgate 2 years, one.

Lea Joseph Solomons .

Reference Number: s17791020-1

*** Thomas King , William Chamberlayne , Margaret Creamer , and Isabella Condon , capitally convicted last sessions, were according to their respective sentences, executed at Tyburn, on Wednesday the 27th of October. The sentences on the rest of the capital convicts were respited during his Majesty's pleasure.

Reference Number: a17791020-1

Of M. GURNEY, No. 34, Bell-Yard, may he had any former Numbers of the Sessions Papers to complete Sets.

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 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: a17791020-2

Of M. GURNEY, No. 34, Bell-Yard, may be had any former Numbers of the Sessions Papers to complete Sets.

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 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: a17791020-3

Of M. GURNEY, No. 34, Bell-Yard, may be had any former Numbers of the Sessions Papers to complete Sets.

*** There are a few remaining copies of the first part (price six-pence) containing the remarkable trial (at large) of Mr. CHARLES ATWELL , of Lisson Green, for committing an unnatural crime on the body of THOMAS READ ; and of the second part (price six-pence) which contains the remarkable trial of JOHN STAPLES , who was capitally convicted for robbing Thomas Harris's Carza on the highway, under the threat of charging him with an unnatural crime.

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 taken in Short-Hand.

Sold by M. GURNEY, No. 34, Bell-Yard, Temple-bar.

*** The Book is a sufficient Instructor of itself, but if any Difficulties occur they shall be removed upon Application to the Author without any additional Expence.


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