Old Bailey Proceedings, 5th April 1780.
Reference Number: 17800405
Reference Number: f17800405-1

THE WHOLE PROCEEDINGS ON THE KINGS'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 5th April, 1780, and the following Days;

Being the FOURTH SESSION in the Mayoralty of The Right Honble. BRACKLEY KENNET , LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER IV. PART I.

LONDON:

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

MDCCLXXX.

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 BRACKLEY KENNET , LORD MAYOR of the City of London; The Honourable Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Honourable 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.

John Griffin

Henry Francis

Robert Rushead

William Rich

Edward Johnson

Roger Harden

William Lingham

William Vendome

Thomas Beswick

Laud Cade

Daniel Cooper

Samuel Walker .

First Middlesex Jury.

William March

Benjamin Gee

Edmund Franklyn

Joseph Finch

Benjamin Price

Ralph Mitchinson

William Greeves

John Partridge

John Skilman

Thomas Boyce

William Munt

Michael Nicoll .

Second Middlesex Jury.

John Evans

John Bagshaw

Richard Hart

John Chandler

Francis Pope

Robert Wincuff

Edward Eustace

Peter Thorne

George Coxhead

Thomas Brown

Daniel Lamas

John Bradshaw .

*** John Bond , served part of the time in the stead of Thomas Boyce .

Reference Number: t17800405-1

154. HANNAH WALTON was indicted for stealing a linen sheet, value 3 s. a copper tea-kettle, value 1 s. a copper pan, value 6 d. a linen window curtain, value 6 d. a flat iron, value 6 d. a pair of bellows, value 1 s. and a pair of blankets, value 1 s. the property of Jonathan Greenwood , the said goods being in a certain lodging let by contract to, and to be used by the said Jonathan to the said Hannah , against the statute, March 23d .

JONATHAN GREENWOOD sworn.

On the evening before Good-Friday, I missed the things mentioned in the indictment (repeating them.)

Do you recollect the day of the month? - No.

Where did you lose them from? - A three-pair of-stairs back room in my house. The prisoner lodged in that room. They were all there when she took the room. She had the room about three weeks or a month. When I missed them I made a search after the prisoner; she went out on the Thursday morning. I found her on the Friday afternoon at a publick-house in Windmill-street. I thought by her not coming home all Thursday night; that she had left the room. When I found her I asked her what she had done with the things. She was very much in liquor, and gave me several answers. I took her to my house, and sent for a constable.

What time did you take her? - About one o'clock. I sent for the constable at about five o'clock.

What did she say about the things? - Nothing, in particular. She told me of four articles that evening before the magistrate.

Was she sober then? - I believe she was. She told me the things were at three pawnbrokers, and mentioned all the things I had lost. She said three articles were at Parker's in Princes-street; and I found them there; they were, a tea-kettle, flat-iron, and window curtain. She said she was sorry she had done it, and she would pay me so much a week if I would not prosecute her. I said I would not take any thing of her, but if she would tell me where all the things were I would not trouble myself about it.

Was that before she told you where the things were? - Yes. She would not tell me where all the things were.

THOMAS PARKER sworn.

I am a pawnbroker. The prisoner pawned a flat-iron, a window curtain, and tea-kettle with me for half a crown. She said she got them from her sister.

Did you know her before? - Yes. She used to live with her sister, who takes in washing.

(The tea-kettle, window curtain, and flat-iron, produced in court and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I went out on Thursday morning; while I was out Mr. Greenwood, who had a false key, went into the room. I had not left the lodging.

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: t17800405-2

155 JOHN DAVIS was indicted for stealing two fowls, value 3 s. 20 lb. of pork, value 6 s. 8 lb. of cheese, value 3 s. two linen frocks, value 2 s. two linen shifts, value 2 s. a linen handkerchief, value 6 d. and a wicker basket, value 1 s. 6 d. the property of Richard Walker , March 14th .

RICHARD WALKER sworn

I keep a cart to carry goods from Oxford to London . I lost a wicker-basket out of my cart; the basket was delivered to me in Oxfordshire to carry. I did not at that time know what it contained. Mr. Shee, the next witness, detected the prisoner.

EDWARD SHEE sworn.

On the 14th of last month, as I was coming along princes-street , I saw a cart standing there; I observed the prisoner and another man walking round the cart. It struck me that they intended to rob it; they saw me stop, upon which they crossed over the way and sat down upon a bench at a publick-house. I then went on a little way. I looked back and saw them both get up and go to the cart, and I saw the prisoner take the basket out of the cart. I went up to him; he had the basket upon his back; I said I am afraid this does not belong to you; he said it was his. He immediately let it down, and I took hold of it. The prisoner then put his hand in his pocket; I was apprehensive he was feeling for some instrument to do mischief. I struck him over the head with a stick I had in my hand; he did not fall, but ran away along King-street; just as he got into Gerard-street, I secured him. I found afterwards that the carrier was this Richard Walker

To Walker. Did you quit your cart in Princes-street? - Yes. I just stopped to to leave some butter at one Mr. Sadgrave's, in Princes-street. When I came back to my cart there were some people about it who said it had been robbed. My basket was brought back to me; but who the person was that brought it I do not know.

Was any other basket missing from your cart but the one which you say contained these things? - No.

Are you sure that the basket, which was brought back, was the same that was missing from your cart? - Yes, it was; I knew it both by the basket and the direction which was upon it; it was directed to Mr. Mitchell, in Brick-lane. The prisoner and the basket were taken before the magistrate, there the basket was opened, and it contained the things mentioned in the indictment.

JAMES HYDE sworn.

I searched the prisoner when he was brought to the justice's, and found a picklock key and a razor (producing them) in his pocket

PRISONER's DEFENCE.

I was coming past this cart; a man was standing by it; he said to me how far are you going? I said as far as Covent-garden. He said if I would carry the basket for him to the Barley-Mow, in Drury-lane, he would give me a shilling. I took the basket; this gentleman came up; he asked me no questions but knocked me down. He said I had stolen the basket; I said I had not, for a person had given it to me to carry to Drury-lane.

GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-3

156 JOHN SPARROW was indicted for that he on the king's highway, on John Turner Harris , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 3 l. and three shillings in monies, numbered, the property of the said John Turner Harris , March 9th .

JOHN TURNER HARRIS sworn.

I am a turner by trade, and I live in Lothbury. On the 9th of last month as I was walking alone up Constitution-hill , in the Park, in my way to Knightsbridge, at between eight and nine o'clock at night, a man met me, and presently after I thought I heard somebody behind me; I mended my pace; but at last, I thought I had better stop, left I should be shot or knocked down. I stopped and turned round, and immediately a pistol was presented to my breast, by a man who said deliver your watch and money or I will blow your brains out! Upon which I delivered my watch to him, and three shillings in money. The man who robbed me was much taller than me.

Which way did he go off? - He went out of the Park.

What sort of a night was it? - Not very dark. I know nothing of his person.

Could you distinguish his clothes? - No, only that he had a light-coloured pair of stockings on. I did not look up in his face, I only looked at his hand.

Did you ever find your watch again? -

It is in the pawnbroker's hands.

ROBERT WILSON sworn.

I am a servant to Mr. Priestman, a pawnbroker, in Princes-street, On the 9th of March, between nine and ten o'clock, the prisoner brought this watch (producing it) he asked a guinea and half upon it, which I accordingly lent him.

Did you know him before? - No, I do no know that I ever saw him before.

How was he dressed? - In a kind of pompadour clothes.

When did you see him again? - About a week or a fortnight after, as near as I can remember, I saw him at Sir John Fielding 's.

Are you sure he is the man? - I am sure he is.

(The watch was deposed to by the prosecutor)

DAVID PROTHERO sworn.

On the 11th of March, at about nine o'clock at night, two gentlemen's servants

brought the prisoner in custody to Sir John Fielding 's, and charged him with having stopped one of them in the Park, and robbed him. I was ordered to search him, and in his left-hand breeches pocket I found this pawnbroker's duplicate (producing it). I asked him how long he had had the watch, for the duplicate is of a watch pawned for a guinea and an half? He said he had had the watch six months. I asked him if he had ever pledged it any where else before? he said, yes, once in Westminster. I asked him where he bought it? He said a girl gave it him about six months ago. I went to Mr. Priestman's and found the watch there, which tallied with this duplicate. By the name of the maker of the watch, we found the watchmaker, and he directed us to the prosecutor.

PRISONER's DEFENCE.

When that gentleman took the duplicate out of my pocket, I thought it was the duplicate of a watch which was my own, and which I had had about six months, that was the reason of my making that reply; but when I examined it in the morning I found it to be the duplicate of another watch which I had pawned for a man the night that that gentleman was robbed. I can prove that I was at No. 8, in Gerard-street, from near six in the evening till near eleven at night, except in the interim between eight and nine, when a young man called and asked if I was there; he was showed into the kitchen to me. He is a whitesmith by business; he had been in town some time, and was out of employ; he said he was going into the country to seek for some work. He said he would sell me his watch cheap as he was short of money and was going to seek for work. I said I had a watch of my own, and did not want to buy one, neither had I money to purchase it. He then asked me to pledge it for him, for as much as I could get upon it, and he would wait till my return. I said I would. I went to Mr. Priestman's and pledged it for a guinea and an half, and brought the money and the ticket back to him. He then said I should have the duplicate. I gave him half a crown for it. He sat down some little time, then took his leave and went away. I stayed there till near eleven o'clock.

For the Prisoner.

MARY KEYS sworn.

I live at No. 8, in Gerard-street, Soho.

What are you? - A servant.

To whom? - The lady of the house.

Who is the lady? - Miss Eggleton.

Is she a lodger there? - No, she keeps the house.

How long had you lived there? - Since last Christmas.

When did you come there? - At last Christmas.

How long have you known this soldier (the prisoner)? - About eight or nine months.

Is he any relation to you? - No.

He calls you to give some account of a watch? - I know nothing about any watch.

What do you come for? - To prove that he was there.

Where? - At Gerrard-street, on the 9th of March, from between the hours of five and six.

What time did he come there? - Before that.

How long did he stay? - Till after ten o'clock.

Do you know any thing more? - No.

When did you hear of his being taken up for this? - On the Saturday, I believe it was the 11th of the month.

Was you before the justice? - No.

You are very sure it was the 9th? - Yes.

What day of the week was it? - On Thursday.

Do you know any thing of any body calling upon him whilst he was there? - There was a man called upon him, but I cannot say any thing particular as to what passed between them.

How long did the man stay with him? - About a quarter or half an hour.

Do you know that man? - No. He was a tall man; he had a brownish coat on. I never saw him to my knowledge in my life before.

How came he to be so late at your house? - I asked Mr. Sparrow to drink tea in the kitchen.

What do you drink tea at ten at night?

- No; that was between five and six in the evening. He staid and supped there.

What with you? - Not particularly with me; there was another servant in the house.

But was he your friend or the other servant's friend? - Not particularly, he came to do work there.

Who was it invited him to stay? - I did.

MARY WATSON sworn.

Do you know the prisoner? - I know nothing of him, only I was at the same house where he was last Thursday was three weeks.

At whose house? - No. 8, Gerrard-street, where Mrs. Keys lives.

Whose house was that? - I do not know the owner of it; I went to see Mrs. Keys there.

Do not you know whose house she lives at? - I knew Mrs. Keys when her husband was living.

Did you know the prisoner before? - No, I did not.

What time did you come there? - About six o'clock.

How long did you stay? - Till a little after ten.

You made a long visit, where do you live? - In Oxenden-street.

How long have you been acquainted with Mrs. Keys? - About a twelvemonth.

What did you lodge in Oxenden-street? - Yes.

Do you know of any body coming to him whilst he was there? - I know of a man calling on him, who said he wanted to speak to him, and what they said together I know not.

Do you know how the man came to find him out? - I do not know that indeed.

Prisoner. Whether you did not see me give him a guinea and a half and a duplicate of the watch.

Watson. I saw the prisoner give the man a guinea and a half, I think it was, it was gold.

What did you see the man give the prisoner? - I did not see the man give him any thing. What they had to say before I do not know.

How soon after the man came in did the prisoner give him a guinea and an half? - It might be a quarter of an hour or a little better; he went out and came in again and gave it him.

Prisoner. I did not carry my own watch to pawn myself, but I fancy it was pawned at Mr. Steel's, who lives going out of New Tothill-street, into the Ambury. I lost the duplicate a day or two before I was taken.

WILLIAM WHEATLY sworn.

I keep the Black Bull in Chapel-street, Westminster. The prisoner was quartered upon me last year; he behaved very honest and good during that time.

WILLIAM WATSON sworn.

Are you any relation to this Mary Watson ? - Yes.

What relation? - I am her husband. I have known the prisoner upwards of a twelve-month; I never knew any ill of him.

Are you a private soldier? - No. I belong to the Jamaica regiment.

How long have you been in that regiment? - But a very short time. I was in another regiment, and came into that.

From what regiment? - The 75th.

How long had you served in the 75th? - Three years.

Has your wife known the prisoner as long as you have done? - No, she never was acquainted with him at all.

WILLIAM HUSSEY sworn.

I have known him a year and three quarters. I never heard or saw any thing amiss of him. I always took him to be an honest sober man.

GUILTY ( Death .)

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

Reference Number: t17800405-4

157, 158, 159. ELISABETH wife of William SIMPSON , THOMAS SIMPSON , and JOHN BLACK , were indicted for stealing two mahogany tables, value 30 s. a Bath stove, value 20 s. a hair mattress,

value 20 s. an iron footman, value 3 s. a bed-ticking value 20 s. and two cheque curtains, value 20 s. the property of John Chiddington , February 4th .

ANN CHIDDINGTON sworn.

The prisoners live in the Borough, and are broker s. I had agreed with them for some goods, about two months ago. At about ten days or a fortnight after I agreed, they brought them home: about an hour after dark Elisabeth Simpson and her son knocking; I asked, who is there? She said it is Mrs. Simpson, you did not expect me so late. I said no indeed I did not. She said she was willing to bring the goods, and as they were not all come, the rest would come in the morning. I said I was sorry she was come now for I was not prepared to pay for them. I put them in the parlour where they were to be. She came down into the kitchen to me; I said you shall stay all night, and when the remainder of the goods come in the morning I will pay you. She sent her son home between ten and eleven; he returned. I did not know he had returned till some body knocked at the door very roughly. I asked who was there? They said it is us, let us in. What do you want? said I. They said they came for the goods, let us in. I said I will not let you in, I will not part with the goods. I said do not make a noration here, and disturb the neighbourhood, for in the morning I will pay you; the best bed in my house you shall lie in. My lodger was out upon a visit; she came home just at the time as the fellows were there. I said, Mrs. Cooper, I cannot let you in directly. Presently a pint of beer came; I went to open the door to let the pint of beer in, and the fellows burst in by force. The goods were then locked up in the parlour. Her son had got something; I asked, what is that? He run against me in the passage. I said, Mrs. Stevens, as to the debt between your husband and me, I am not going to take any advantage, you may stay and sleep in the house all night, and take the keys up with you where the goods are. Before you leave the house I will pay you the money. She bid the men go away, and said she would stay all night. She whispered to one of the men at the further end of the passage; after that the man said d - n me if I will, for it will be the same noise in the morning as it is to-night. I will take them by force. After she had whispered, she put her hand up to the side of the door, and said, take that; put your pick-ax in at the top of the door, that is the place to break the door. I said desist I beg of you, I will pay you in the morning at what time you please; you have taken me unprovided. One put his back against the door, the other bounced with his fists, and the son had the pick-ax through the middle of the door at the time.

Was John Black there? - He was one; he did not break the door, but he helped to take out the goods. They burst the door open by main force, and took out what goods she, her son, and John Black thought fit. One fellow came, and she said what do you come for? He said to do any thing you bid me, by G - d, to pull the house down if you order it. There was only myself and this old gentlewoman; she pleaded with them that they would not make a noise in the neighbourhood; and said I should pay them in the morning. But by force they did take them away.

What did they take away? - All that they had brought, which they had before sold me.

Did they take any thing else, beside what they brought? - No.

And which you had not paid for? - No. But they had not brought all I agreed for. She brought me a bill and wanted me to pay for all. I said no, If it was day-light I would not pay you till you bring them all; bring the rest. She said her son should bring them in the morning; that was when she first brought them.

What happened when they had taken the goods, did they all go away? - Yes; and the men who were with them brought lanterns and candles to go with them, and would have gone in the cart.

What was become of your husband at this time? - He was gone abroad before that; he has been abroad half a year in December. I expect him home every hour, and have done ever since the 14th of this month.

I suppose they wanted to be paid that night? - Yes.

After this did you go before the justice to complain of this matter? - Yes I did, to the Rotation-office in the Borough, and asked them their advice, whether they thought it legal that they should do these things? They said no, it was not, and ordered a warrant, and had them taken up and brought before them, and they let them know what a capital felony they had committed, and begged of them to make it up with me; I was much against it; I told them I wanted no other making up but for them to send the goods for the money again, and if she sent them in day light, I would then pay her at such a time, naming the time. She kept me all day, at last the Rotation stopped, and they ordered them to be committed on this side of the water, and they were brought to this side of the water to be committed. There came a man on horseback from her husband and said to her do not stay here, you must go to Justice Fielding's directly, for there is a friend there who will acquit you. We went there; the gentlewoman said she had six or seven small children, whereas she has none but grown up children as strong as me.

Were they committed? - No. He said well, I shall not add to your affliction; I shall not look upon it as a felony. They said at the same time to me, you may indict her for this transgression.

And so you did? - Yes.

And then she was taken up upon the indictment? - Yes.

Court. Then you have done the most imprudent thing that ever was done in the world.

Counsel for the Prisoners. The prosecutrix was most severely rebuked by Justice Addington.

Court. I am very glad she was. Gentlemen, you will acquit these people, it is no more felony than it is murder. Let them be immediately discharged out of custody. It is a hopeless thing with regard to any future consequences, because this is a married woman. All I can do is to grant them a copy of their indictment.

ALL THREE NOT GUILTY .

(A copy of their indictment was accordingly granted.)

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

Reference Number: t17800405-5

160. ANN STEWARD was indicted for stealing a watch, with the inside case made of metal, and the outside shagreen, value 20 s. a steel watch chain, value 1 s. and two metal seals, value 3 s. the property of Benjamin Williamson , March 15th .

(The prosecutor was called but did not appear.)

NOT GUILTY .

Reference Number: t17800405-6

161. LEVI LARA was indicted for stealing three pair of silk stockings, value 15 s. and seventeen yards of silk ribbon, value 5 s. the property of Edward Wheelhouse and John Whitfield , Feb. 2d .

EDWARD WHEELHOUSE sworn.

I live at Newington in Surrey.

Are you in partnership with John Whitfield ? - Yes. I was at my warehouse, where some things were upon view, prior to an auction. My boy came down, and said he had seen a man put three pair of stockings into his pocket; I bid him point the man out. When the prisoner came down the boy said he was the man. I stopped him, and searched him, and found three pair of stockings in his pocket.

Were there any marks upon the stockings? - No. I cannot swear to them.

JOHN CLEMENTS sworn.

I saw the prisoner put three pair of stockings into his pocket, and informed my master of it, they were found in his pocket.

PRISONER's DEFENCE.

A gentleman asked me to go and see Mr. Wheeler's sale; I went there. The gentleman went from one place to another; he

gave me these stockings to put into my pocket. Mr. Wheeler asked me if I had any of his stockings in my pocket? I said no. I gave him the stockings I had in my pocket, but I did not before know that they were Mr. Wheeler's.

GUILTY .

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

[Fine. See summary.]

Reference Number: t17800405-7

162. JOHN MALCOMB was indicted for stealing seven china plates, value 14 s. one large dish, value 1 s. two iron locks, value 1 s. a stone jar, value 1 s. and an iron key, value 2 s. the property of John Chiddington , the said goods and chattles being in a certain lodging-room, let by contract by Ann his wife, to the said John Malcomb , December 21st .

ANN CHIDDINGTON sworn.

You let lodgings? - Yes.

Do you know the prisoner? - Yes. I have great reason to know him indeed.

Did you ever let your lodgings to him? - Yes, he entered upon them the 6th of September last.

What did you let him? - Two parlours and a kitchen.

How long did he keep the lodgings? - Till the 20th of December.

Did he leave them then? - He had almost murthered me the Thursday before.

How long did he continue to lodge with you? - Till the 20th of December. He was taken by force by the neighbours the Thursday before, upon my cry of murther! for a quarter of an hour. They thought they could not have got in. I had one finger broke to pieces. He was rescued at Buckingham-gate. I went out of town on Sunday morning, and left the man in the house.

How came he to quit your lodging? - I was not in town.

Did he go away of his own accord? - He was taken by the neighbours the Thursday before.

Was you in the house? - I went about fifty miles off. On Thursday morning I missed almost every little necessary in the kitchen. When I came back he had taken off the upper bar of a large kitchen-grate.

What else was taken away? - Seven china plates and one very large dish, earthen ware, a very large stone jar, two padlocks, and one key; he took the padlocks off and then the doors were open, and he took the key of the outer door.

Have you ever found any of these again? - I have seen things I believe to be them; the jar I really saw; the two locks are in court; the rest he has in his possession now at his lodgings.

FRANCIS TILLING sworn.

I had these two locks (producing them) of Captain Malcomb.

That is the prisoner at the bar? - Yes. He told me they were his, he kept them in his pocket a good while; he said that I might have them.

What are you? - A barber and hairdresser. I shaved and dressed Captain Malcomb at that time.

Where was it he gave them to you? - In his own lodgings, at this woman's house.

Where was she then? - Not present at that time; she was I believe out of town. Mr. Malcomb came to me and desired I would come along with him, he had got an order he said from Justice Hyde to break open the door.

When was that? - I cannot tell what day of the month it was.

Why was you to break open the door? - He said he could not get into his lodgings.

What time of day was this? - About four o'clock. I cannot tell the month.

What time of the year was it? - I think after Christmas.

Did any body else lodge in the house besides him? - I believe not at that time.

Was the outer door fast? - Yes it was locked. There was a man answered him out of one of the windows. Mr. Malcomb asked him if he would open the door; he said no. Then Mr. Malcomb said he had an order from the Justice to break open the door. He got a hatchet and broke open the door, and got into his own apartments. Mr. Franklin the constable said, Mr. Malcomb, you had better move away.

What was there a constable with him? - Yes, he brought a constable with him. He is here.

And the constable was by at the time? - Yes.

He went into his own lodgings? - Yes, and packed up his own things. I helped to move away what he said was his own property, to a room he had got at the Cheshire-Cheese, in Chelsea.

Were there any china plates taken away? - No, it was all earthen-ware, except one large red earthen dish.

Are you sure there were no china plates at all? - Yes, I am sure of that, and there was a jar with some pickles in it.

Did you see the plates and dish in his room when you used to attend him? - Yes, I have seen them, at different times in his room, a month or six weeks before this time.

Did you see him use them? - Yes, I have; they were in common use.

Where did these locks come from? - I cannot tell. He knocked one off the street door, when he was locked out once before; the other padlock belonged to the place where he kept his clothes.

There was a key? - I never saw the key of the street door; I do not know whether he had it or no.

You said a man looked out of the window? - There was a man whom the woman had left in possession while she was gone into the country.

Did you stay till the prisoner came from the lodgings and brought the things away? - I did.

Did that man come down to take care of the door? - Yes, and Mr. Malcomb called in the landlord who owned the house, and said see that I have got no more than my own property.

Who is the landlord? - He is not here; his name is Groker, he lived next door but one to the house; he was standing at the door at the time the things were moved away.

How long did you attend the prisoner at the lodgings? - Nine or ten weeks.

He had been locked out once before had he? - Yes, that was about a fortnight before, I believe.

(The locks produced.)

To the Prosecutrix. Are these your locks? - I believe they are.

JOHN DEWKESBY sworn.

I am a constable. I was employed as a constable to take Mr. Malcomb up. We went with a warrant to search his lodgings. The prosecutrix said she would swear to that plate particularly. She insisted upon having it; I said I did not know that she had a right to take it without she positively could swear to it. She said she could. I said it was hard to swear to a plate. I took the plate away, and put a mark upon it that I might know it, and it has been in my possession ever since. The landlady where Mr. Malcomb then lodged, attends, and will swear that she bought these plates.

Court. Gentlemen of the Jury, this is a most shameful prosecution.

NOT GUILTY .

Court. I will grant a copy of the indictment. The court would set any stigma upon such a shameful prosecution.

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

See No. 157.

Reference Number: t17800405-8

163, 164, 165. WILLIAM BENNETT , GEORGE GRAHAM , and JOHN HUNTER were indicted for that they in a certain field and open place, near the king's highway, in and upon John Monteith , did make an assault, putting him in coporal fear and danger of his life, and stealing from his person a silver watch, value 20 s. a base metal watch-key, value 1 d. and a pair of silver shoe-buckles, value 8 s. the property of the said John Monteith , March the 22d .

JOHN MONTEITH sworn.

On the 22d of March, between eight and nine at night, I was robbed as I was crossing Whitechapel Fields , by two men; they took from me a silver watch, with a brass key, and a pair of silver buckles.

Relate the circumstances. - As I was crossing the fields, I saw two men at a little distance from me. One jumped over a bank, and the other came out of the road. I knew what would be the consequence, and reflected on myself for going that way at night. When I came up to the footway to go into the fields, where they were, they let me pass a few yards, and then asked me if I was drunk or sober? I said sober. They said we have been drinking, and spent all our money, have you got any! I said I have not much, gentlemen, but what I have got you are welcome to. Then Allison, the evidence said, d - n you, stop and let us see what you have got. Upon which the other man came up and collared me. I said, gentlemen, I am only a journeyman and have not got much money. He held his fist to my face, and swore he would murder me if I offered to speak loud, or made any noise. The evidence unbuttonned my breeches and took out my watch, and my right foot shoe-buckle, but whether he took the left or not I cannot say.

Did you lose both? - Yes. It was one of the men took the left, but which I cannot say.

All this time there were but two? - Yes; after that they searohed me. I had fourpence halfpenny in a handkerchief in my great coat pocket; they took that out, but returned it me again. When they were going away I said, gentlemen, if you will appoint a place to meet me to-morrow and let me have the buckles, I will give you any thing you please for them. He that collared me, said are the buckles silver or plated? I said plated. He said if I spoke a word, or made a noise he would murder me. And then I went away.

Did you find your watch or buckles again? - Yes. The watch and buckles were both found.

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

EDWARD TAYLOR sworn.

I keep a saleshop. I fetched the buckles out of pawn. I bought the duplicate of the corporal. His name is Gamble.

ROBERT GAMBLE sworn.

I went to the Chequers, a publick-house, to call for a pint of twopenny, and there I had the buckles of Graham. I pawned them for Graham, and the pawnbroker gave me a duplicate for them. I employed Taylor to fetch them out of pawn.

(The buckles produced.)

Prosecutor. They are my buckles to the best of my knowledge. Here are my knee-buckles, which are of the same pattern.

FRANCIS FLEMING sworn.

The corporal pawned the buckles with me.

BARNARD BARNARD sworn.

On the 22d of March the evidence came to me and asked me to buy the watch.

Are you sure that is the watch? - Yes. I did not buy it, but I took him to Bow-street, and delivered him to Macmanus.

JOHN ALLISON sworn.

Last Wednesday week the 22d of March, we had a field day, three out of four of us.

Are you a soldier ? - Yes. After we came from the field, I and Hunter dined at the cook-shop in Tothil-street; from thence we went to the Chequers, in Tothil-street, where Graham joined us, and we drank together. Graham, I, and Hunter agreed to meet at Hunter's quarters that evening by four or five o'clock.

Where was Hunter's quarters? - At the Stag's Horns, in Whitechapel. We met there. Bennett came in while we were drinking together. Hunter told me he thought he was a very proper man to go out with us that evening. We went from thence to my quarters. where we ate some bread and cheese, and drank a pot of half and half, and three or four half pints of gin.

Where was that? - At a publick-house in Johnson-street, Whitechapel, and agreed the whole of us to go out that evening, and rob the first man we laid hold of in some fields.

Did you go out together? - Yes, about eight o'clock, or a little after, from that house.

Who went out? - Bennett, Hunter, Graham, and myself. They knowing the fields best, we went the way Graham and Bennett knew. When we got into the fields behind the church, we sat down behind the bank. The baker (the prosecutor) came by; Graham and Hunter agreed to

run off while Bennett and I robbed him, and to give us notice if any body was coming.

Bennett and you made the attack? - Yes. Bennett laid hold of him and I took the watch out of his pocket. I unbuckled his shoe on his right foot, and Bennett took the buckles, and then I took the watch. Then we all four ran off together across the fields, and went into Whitechapel; after that we went into the fields again.

What became of the watch and buckles? - I kept the watch and Bennett kept the buckles just then. We came between Bishopsgate and Shoreditch, in the main street, and went on till we came opposite Bishopsgate church, there we proposed to dispose of the things. I gave Bennett the watch, and Bennett gave Hunter the buckles. Graham and Hunter were to go and pawn the buckles, and Bennett and I were to pawn the watch that evening. We tried to pawn them at two places in Houndsditch, but it being late in the evening they would not let us into the shop.

What time was that? - About nine or a little after. Then we agreed to give Hunter the watch with the buckles to keep that evening, being near his quarters. We went and drank a pot of half and half, where it was agreed for me to take the watch to dispose of it the best way I could the next morning, and they were to meet me at ten or eleven o'clock at my lodgings the next morning. I offered it to Barnard Barnard for a guinea; he agreed to give me fourteen shillings. He said if I would go to a neighbouing publick-house he would buy it. He took me to a publick-house, where we had a pint of purl; he then went out, as he said, to fetch his brother, and I suppose went to Sir John Fielding 's and laid an Information against me. I was stopped and examined at Sir John Fielding's office. The serjeant appeared for my character and I was discharged upon saying it was my watch I was afterwards admitted an evidence.

WILLIAM HALLIBURTON sworn.

When Allison turned evidence, Morant and I went and secured the other three. Macmanus was present at the examination before the justice. They were examined apart; Graham was the first that was examined; he acknowledged its being field-day, and having drank at the Chequers; but denied ever being at Whitechapel. He was then taken on one side and Hunter was examined, he acknowledged their meeting at his quarters, and that they went to Allison's quarters, and from thence they went to the fields. Graham was then called in again, and the magistrate asked,

"How could you tell me that you was not at Whitechapel? Hunter says that you was." Hunter then said to Graham, you know very well that you was with us. He was then taken out, and Bennett was brought in; he was asked the same questions, and gave the same answers as near as possible.

The same as Graham and Hunter did? - The same as Hunter did, not the same as Graham did.

GRAHAM's DEFENCE.

I was going to Artillery-street; Allison was at the Chequers in Tothill-street; he called me in, and asked me to pawn a pair of buckles for him. I said I never pawned any thing for myself, and I would not for him. I took the buckles in my hand, and the corporal came in. Allison said here is Gamble coming, let us ask him to pawn them. He called Gamble backwards and asked him to pawn them; he consented to go; he went and pawned them, and brought him the money. I had a share of a pot of beer there, and then went home, and left Gamble and Allison there together. I gave him the buckles and he went and pawned them, and gave Allison the money and the duplicate.

To Gamble. Did you see Allison there? - Yes. Allison and Graham called me backwards; Allison asked me to pawn the buckles for him, but I got them from Graham.

Did he call to Graham to give you the buckles? - Yes.

Who did you give the money to? - Allison.

Was Graham by when you gave Allison the money? - Yes.

How much was it? - Five shillings. I stayed in the publick-house, and they went out and got some dinner; they said they found them, wrapped up in a piece of paper, as they were going along the street the night before; that they were both in company when they found them.

Who asked you first to pawn them? - Allison.

For Graham.

JOHN CASKEY sworn.

I am a serjeant. I have known Graham between three and four years; we looked upon him to be one of the best men in the regiment; he was very regular; I never saw him in liquor in my life.

Do you know Allison? - Yes.

WILLIAM GUNN sworn.

I am a serjeant. I have known Graham three years and ten months; I inlisted him in the country myself; he came of very good people, and bore a good character.

JOHN TERRY sworn.

I have known Graham ever since he has been in the regiment. I never heard any thing against him before this; he has bore a very good character.

ALL THREE NOT GUILTY .

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

Reference Number: t17800405-9

166. JAMES PENTYCROSS was indicted for breaking and entering the dwelling-house of John Wildman on the 9th of March , about the hour of four in the night, and stealing two pair of silk shoes, value 20 s. a pair of women's leather shoes with silk heels and straps, value 6 s. a pair of leather boots, value 8 s. a pair of leather clogs, value 1 s. a wooden box, value 3 d. forty-eight yards of silk gauze, value 40 s. and thirty-six yards of silk ribbon, value 6 s. the property of William Nourse and Thomas Hillyard , in the dwelling-house of the said John Wildman .

WILLIAM NOURSE sworn.

I am a coachmaster in partnership with Thomas Hillyard , who lives at Northampton. I was called up on the 10th of March, and told that my warehouse was broken open. I got up and went to the warehouse, which is in the Ram-yard in Smithfield , and found the door open. I took the key out to lock the door, as there were some goods in it of consequence, but the key would not lock it. I was told the prisoner was in custody at the Rose in Smithfield. I went; and he was searched, and three pick-lock keys found upon him, one of which fitted the lock very well; there were two parcels of goods lost out of the warehouse according to the book.

You say this warehouse is at the Ram, is it a room that adjoins to the house, or in the house? - It is adjoining to the house, there is a stair-case comes out of the house into it.

Is it on the ground floor or up stairs? - On the ground floor.

Are there any rooms over it? - Yes.

What are they? - Lodging rooms.

Are they a part of the house? - They are.

So you keep the keys? - I keep a key to go in in the morning; I do not book the goods over night.

Does the master of the house keep a key? - Yes; he is book keeper to the goods.

What is the name of the master of the house? - John Wildman .

JOHN BELDOM sworn.

I am servant to Mr. Hall, a lamb butcher; upon the 10th of March, about half after four in the morning, coming up the Ram-yard with a candle in my hand; I saw two men lurking about the top of the yard. I thought they wanted to steal some lambs, as we had lost some before. I went back down the yard, and told my master there were two men in the yard whom I suspected wanted to steal a lamb; we went back from the farther end of the yard through the gate-way, with candles in our hands, and went into the next inn; the prisoner was then standing under the gate-way pretending to make water; when we came into the Rose-Inn I said to my master, that is one of the men, the other is at the top of the yard. He said, don't you know him? I said no; he said, don't you know the iron shop in Peter-street? I said

yes; is it Pentycross? He said yes. I said, I thought he was transported. My master then bid me blow my candle out and watch him, which I did; and in two or three minutes I saw the prisoner come out of the warehouse with a box, and a parcel on the top of the box; he went out of the yard into the street; I took him by the arm, and said, what have you got there? He said, what business had I with that? that they were his own goods. He said did you ever see such a rascal to stop a man with his own property? I laid hold of him, and took him into the Rose-inn with the things under his arm; he laid them down on the dresser; and I went and called Mr. Wildman's people up at the Ram, and told them the warehouse was broke open. Mr. Wildman's son came to the publick-house; and the things were delivered to the constable by the watchman. I saw him deliver them. When we had him in the kitchen, and Mr. Wildman's son came and brought the book, he said, I know the things very well; I booked them myself over night. Mr. Nourse came, and they searched him and found three pick-lock keys in his pocket, which, upon trial, unlocked the door.

Cross Examination.

The man in the yard might see you go backwards and forwards very well? - Yes.

Did you see any body else? - Yes; there was another man with him, when I took hold of the prisoner; he ran away.

What distance was you from the prisoner when he came out of the warehouse? - About eight or ten yards.

Is the door of the warehouse in the yard or in the passage? - It is in the gate-way going into the yard, there is a door comes out in the gate-way.

EDWARD WILDMAN sworn.

Your father is book keeper to this warehouse? - I book the parcels, and take places for the coach; we do not call ourselves book-keepers.

Who keeps the key of the warehouse? - It is left at the bar of my father's house.

Do you remember these parcels being in the warehouse? - Yes. I booked them. I think it was the 10th of March.

How long before the things were found upon Pentycross? - The night before.

Are you sure you put them in the warehouse the night before? - Yes; one was directed to Mrs. Perrot Terrington near Newport-Pagnel, Bucks; the other for Mr. John Bailey , Northampton; they were to go by the Northampton coach.

Who was present when they were opened before the alderman? - I was; it contained all the things mentioned in the indictment (repeating them).

Cross Examination.

This warehouse has a door into the street? - Into the gate-way; there is a communication into it out of the house.

Did you make use of this door into the house when it was a warehouse? - No.

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

HUMPHRY HALL sworn.

Do you remember your young man telling you that there were two men lurking about the yard? - Yes; we went down the yard; I desired him if he saw any body he thought to be about no good, to tell me of it; he came to me as I was at the pen in the yard.

How far is that from the warehouse? - About ten yards. He told me there was a man or two in the yard whom he had some suspicion of. I went up the yard, through the gate-way, and saw Pentycross standing under the gate-way, about a yard or two from the warehouse door, as if he was making water. I passed him, and went into the Rose, the next inn. I said to my man, that is Penty-cross, watch him; he went out, and soon after I went down the yard, I did not see any man. I had not been in the yard above five minutes before a butcher came and told me my man had taken a person on suspicion as a thief. I went into the publick-house and saw the prisoner in custody, and the things on the dresser.

Cross Examination.

What o'clock in the morning was this? - Between four or five, rather nearer four than five, I believe.

Was it day-break? - I do not know that it was, I believe it was dark.

JOHN STANHOPE sworn.

I am servant to Mr. Webster who keeps the Rose in Smithfield; as I was taking down the shutters I saw Mr. Hall's man take the prisoner with the parcels under his arm; he asked him where he got them? He said, what business had he with his property.

What time was this? - Between four and five.

Before day? - Yes; before day.

WILLIAM ODELL sworn.

I am servant to Mr. Harrison. I carried the parcel directed to John Bailey to the inn on the 9th of March in the evening. I delivered it at the bar of the Ram-inn; it was a paper parcel containing a piece of gauze and a piece of white ribbon.

Who wrote the direction? - My master's nephew.

Is that his hand writing? - Yes. I know it very well.

From the prisoner to Beldom. You have sworn you saw me in the warehouse? - No. I saw you come out of the warehouse.

Did not you desire me to take these things to Mr. Cross? - No.

Do you know the Windmill in Leather-lane? - No.

Do you know Richard Mailling ? - No.

Do you know Mr. Baxter? - No; what Baxter?

The publican at Cow-cross? - I have been there.

Have you ever conversed with Elizabeth Parker about this prosecution? - Yes.

When you desired me to hold these things for Thomas Cross , had not Mailling and you had some conversation about it the day before? - I do not know what you are talking about.

PRISONER's DEFENCE.

On Friday the 10th of March in the morning between five and six o'clock. I was going to Mr. Terry's, the pot-warehouse at Deptford, with my partner John Cox ; as I was going by the Ram-inn Beldom came to me and desired me to receive this box and parcel for Mr. Cross, who was going by the Northampton coach; and gave me two keys; as soon as I had got to the door he called to Mailling and said, here he is, I will send him to your place, and he took hold of me and carried me to the watch-house; they accused me of things I knew nothing of; and they said then they had me in their power to hang me. Richard Mailling , in September last, was convicted of buying my patterns that were taken out of my house in March last. William Walker , my nephew, and Canton were tried, and Walker was found guilty. Mailling used me very ill; I could never get my patterns from him; he was tried afterwards; the first time there was a flaw in the indictment, and he was acquitted; the second time he was indicted and found guilty; and after he was found guilty he put a knife into his throat; he recovered; and when Beldom took me, he said he had me in his power to hang me. I said my partner Mr. Cox was with me, and could tell where I got the things; they said they had got him pressed, and that now he could be of no service to me. On the Monday Cox was discharged, and was before the alderman, and told the affair: will your lordship be pleased to hear what he has to say. The clock struck five before I got out of bed to go to Deptford that morning. I hope you will look into this affair; it is Mailling and Beldom's doing. I saw Mailling as soon as I was taken to Guildhall; the moment I got in he set upon me, and said now he had me.

For the prisoner.

JAMES SMITH sworn.

I was at the examination of Pentycross. What did Beldom say before the alderman? - I listened to the evidence he gave; I think it was much the same he has given now. I have known the prisoner ever since he came into the neighbourhood, I looked upon him and his partner as industrious hard working men.

(The prisoner called four other witnesses who gave him a good character.)

NOT GUILTY of breaking and entering the dwelling-house, but Guilty of stealing the goods to the value of 39 s.

See the trial of Richard Mailling , No. 447. in the last mayoralty.

Tried by the London Jury before Mr. Baron EYRE.

[Imprisonment. See summary.]

Reference Number: t17800405-10

167. JOSEPH GIRROUD was indicted for stealing a woollen cloth coat with gold lace thereon, value 4 l. a sattin embroidered waistcoat, value 4 l. a silk embroidered waistcoat value 3 l. pair of silk breeches, value 10 s. three pair of silk stockings, value 30 s. and a pair of knee-buckles, with stones set therein, value 15 s. the property of Thomas Harcourt Powell , Esq . Dec. 19th .

THOMAS HARCOURT POWELL , Esq. sworn.

These things were left in my chambers when I went out of town last year. I lent my chambers to Mr. Watkins till my return. The prisoner was Mr. Watkins's servant . When I returned to town in February, I missed the things mentioned in the indictment. I found my drawer at the bottom of the escrutore had been robbed.

THOMAS RAVENHILL sworn.

I am servant to the prosecutor. Seeing accidentally a waistcoat of my master's hanging up at a clothes-shop for sale, I traced it to the prisoner. I found that he lived in a court by St. James's. Swift, the constable, and I went to his lodgings; we found him in bed. There was a trunk, the key of which he had in his pocket. We opened it and found the clothes mentioned in the indictment. I believe them to be my master's property. The stockings have my master's mark upon them.

PRISONER's DEFENCE.

A Spanish nobleman brought me from my own country into a strange country. I know not the nature of the law. He kept me in misery and distress; he never paid me. Mr. Watkins used me ill; he struck me; I was obliged to leave him. I was born in Germany.

GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

[Fine. See summary.]

Reference Number: t17800405-11

168. ANN DANIEL was indicted for stealing three pieces of clear lawn, containing twenty yards, value 3 l. the property of Henry Facey , March 21st .

Mrs. FACEY sworn.

The prisoner came with another woman into my shop, and asked to look at some lawn. She looked at several pieces. She was a long time stooping down, as if she was buckling her shoe; that raised my suspicion. I saw something about her which made me suspect her. Mr. Cashaw went after her and brought her back. I charged her with stealing something; she denied it. I turned her cloak back, and took the three pieces of lawn from under her arm.

PRISONER's DEFENCE.

These pieces of lawn were given to me by the young woman who was in the shop. This gentleman, Mr. Cashaw, saw the young woman give them to me. They charged me, and let her go.

To Cashaw. How was that? - I called in at Mr. Facey's, and saw Mrs. Facey serving the prisoner and another with some lawn. She was apprehensive when they went out, that they had taken some with them, and desired me to follow them; I did. When they perceived me follow them, one went one way and the other another. The prisoner looking more suspicious than the other, I desired her to go back. I thought she had made a mistake. She went back.

Court. But did you see the other young woman give the parcel to her, and then stop her and let the other young woman go? - No.

GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-12

169. THOMAS MARTIN was indicted for stealing, five china cups and five china saucers, value 2 s. the property of William Hewson , March 18th .

MARY HEWSON sworn.

I saw the prisoner come into the shop, when I was behind the counter; he reached down these cups and saucers from a shelf and ran away with them, directly I called out to a German; he followed him, and brought

him back. I took these cups and saucers from him.

- CRANE sworn.

I stopped the prisoner and saw the cups taken from him.

Ann Hewson . I put the cups and saucers upon the shop-board, till the constable came, and then I delivered them to him.

( Richard Jesson , the constable, produced the cups and saucers in court, and they were deposed to by the Prosecutrix.)

PRISONER's DEFENCE.

A man asked me to take this china up the street, I do not know the name of the street, and I was to leave them at the alehouse till he came.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. Justice NARES.

[Whipping. See summary.]

Reference Number: t17800405-13

170. SARAH BAXTER was indicted for stealing three linen handkerchiefs, value 2 s. 6 d. the property of William Clarke , March 25th .

WILLIAM CLARKE sworn.

I lost three handkerchiefs out of my shop last Saturday was a week. The prisoner with another woman came into the shop to look at some prints; after they had looked at a great many, there were none of them would suit. She dropped a large parcel of handkerchiefs from under her cloak in the shop. The young man who served in the shop, suspecting she had more, followed her out of doors. I saw him follow her and bring her back, and I saw him take the handkerchiefs from under her cloak. I delivered the handkerchiefs to the constable.

PRISONER's DEFENCE.

Being a country woman I lost myself; at last I saw a gentlewoman standing at that gentleman's shop; she was looking at some cottens. I enquired the way to Whitechapel. She said she was coming my way, if I would stop, that she was going in to buy a gown, that they sold them cheap there. I said I would go in with her, and we would buy two together. We saw nothing that suited us; we turned out of the shop again. I was not above three yards out of the shop when I picked up this cotton handkerchief; I held it up in my hand and asked the gentlewoman that I went into the shop with, if it was her property; she said it was not, and I held it in my hand; I declare I never concealed it.

Court. Had she it under her cloak, or where was it? - She had it under her cloak. She went out and looked back five or six times, and was gone forty or fifty yards before she was brought back.

For the Prisoner.

- ISHERWOOD sworn.

I am a silk-weaver. I have known the prisoner three years and two months. I never knew any thing of her but what was just and honest. She worked hard for her living and took great care of her family. She nursed my wife six weeks ago in her lying-in.

To the Prosecutor. What is the value of the handkerchief? - About half a crown.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. Justice NARES.

[Whipping. See summary.]

Reference Number: t17800405-14

171. MARGARET BRADSHAW was indicted for stealing a muslin handkerchief, value 2 s. a silk net handkerchief, value 5 s. a cotton petticoat, value 2 s. a linen handkerchief, value 4 s. and a black silk hood, value 2 s. the property of Letitia Derby ; two yards of thread lace, value 20 s. a worked muslin apron, value 4 s. and a printed book, value 1 s. the property of Fanny Derby ; a cambrick handkerchief, value 1 s. four linen towels, value 1 s. and a mahogany box, value 6 d. the property of Thomas Walker , and a pair of silk mittens, value 6 d. the property of Joseph Thorley , Feb. 22d .

MARGARET THORLEY sworn.

The prisoner lived servant at Mr. Walker's, in Hertford-street . I am housekeeper; she was the house maid . I had the care of the things mentioned in the indictment. We missed a great many things from time to time, but did not suspect the prisoner, till

after she went away, which was on the 17th of February. After she was gone, hearing something that gave us a suspicion of her, we got a search warrant, and went and searched her box, in Little St. James's-street; there we found all the things mentioned in the indictment (repeating them). She said that Miss Fanny Derby had given her the things as a security for some money she had borrowed of her.

Did you know that Miss Derby had borrowed some money of her? - Not till the prisoner told me of it a day or two before she went away, and asked me if it was proper to ask her sister for it.

Cross Examination.

You are servant to Mr. Walker? - I was at that time, I am not now.

Mr. Walker was your master, and one of the Miss Derby's your mistress? - Yes.

They both act as mistresses occasionally, do not they? - No.

Which was the Miss Derby who was your mistress? - Letitia.

You know that in fact there was money due to her? - Yes. She was paid it immediately when it was mentioned.

When was she paid it? - The day she was taken up she was paid two guineas, one had been paid her before.

Did she take her box away when she left your house? - She never brought it.

You had a good character of her when she came to your house? - Yes, from a silversmith on Ludgate-hill, where she lived servant before.

Miss FANNY DERBY sworn.

On the 28th of December a bill came in, I had not money to pay it; I borrowed three guineas of the prisoner.

What did you give her as a security for this money before she went away? - Nothing at all.

Did you never give her any of these things? - No.

Are you sure of that? - Yes. A day her or two after she left her place, I gave a guinea. I told her if she would come in a day or two, I would give her the other two guineas. I did not know of her having any of these things.

BENJAMIN YARNOLL sworn.

I went with a search-warrant to the prisoner's lodgings, and found some of the things in her box, and some in her trunk.

Was she present when you found them? - She was not. I took her up. When she was examined she said she did not take them at Mr. Walker's. She owned she took them.

To whom? - To Mrs. Walker, Mrs. Derby.

Is Mrs. Walker and Mrs. Derby the same? - Yes. She told Mrs. Derby she had taken the things, and begged her to forgive her. There was a gown missing. She said she would not hurt her if she would produce the gown, but if she would not, she would go as far as the law would direct.

Was that before the prisoner said any thing about the things? - Yes. I have had the things in my custody ever since. (They were produced in court and deposed to by Margaret Thorley.)

PRISONER's DEFENCE.

I had the things in security for my three guineas of Fanny Derby till her sister Mrs. Walker came from Bath; then she said she would pay me; but she desired me not to mention it to her sister; when I was going to another place I told Mrs. Thorley there was a trifle between Fanny and me that I wished to settle before I went away; she said she knew it; that Fanny knew where I was going to, and would call upon me. I went to her on the Monday night at her sister's, and asked her for the money; she gave me a guinea, and asked me if I had brought the things? I said no; they were safe in my box; she said then she would bring the rest of the money on Wednesday. I was out on the Wednesday; when I came home I found they had been and broke my box open.

Yarnoll. I was present when Fanny Derby paid her the two guineas; the prisoner said to her face what she has said now; Fanny Derby denied any such thing.

For the prisoner.

THOMAS CHAWNER sworn.

I am a silversmith on Ludgate-hill. The prisoner was my servant three or four months.

We thought her a very good honest servant, and were sorry when she was going away.

She had a character to you from her last place? - Yes. She said she had received a letter from her friends in the country, and they did not choose she should be in a place of all work.

She had opportunities of robbing you if she had been so inclined? - Yes; to a considerable amount.

(Mrs Chawner confirmed the testimony of her husband.)

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-15

172. WILLIAM BAGNALL was indicted for burglariously breaking and entering the dwelling house of Susannah Gardiner on the 1st of January about the hour of eleven in the night, and stealing seven window curtains value 7 l. a linen sheet, value 3 s. a feather-bed, value 5 l. a cotton counterpane, value 5 s. and a woollen blanket, value 2 s. the property of the said Susannah Gardiner in her dwelling house .

JANE SUSANNAH GARDINER sworn.

Have you lost any thing out of your house? - Yes; after the watchman went past eleven o'clock as I was going up to bed, I went into the dining room to see if the windows were fast, as we usually do before we go to bed; I found the dining room shutters open and the sash up; I went into the back room and missed seven curtains.

Was there any appearance of their having been in that room? - Yes, the maid had swept the dining room, and there was a blanket on the floor with some of the sand upon it, and some wet sand in the middle of the room, and the mark of a foot in the dining room; I missed the things mentioned in the indictment. Three of the dining room window curtains are found. I saw them at Sir John Fielding 's.

MOSES MORANT sworn.

There were some pieces of these curtains in the office, this lady came to see the things, and said these were her window curtains; that was two or three days after we apprehended the prisoner; I told her the curtains of Bagnall's bed were of the same pattern, if she would go and see them she might; accordingly she and I and another officer went to Bagnall's; the curtains were on the bed, then she said they were her's, and we took them down.

Were these curtains on the bed when you took him on the 18th? - Yes

You do not know who brought them to Sir John Fielding 's? - Labour did.

JOHN LABOUR sworn.

I found these things in the bottom drawer among Mrs. Bagnall's things.

Mrs. Gardiner. This is a piece of the same pattern, I have brought it from home, it was the furniture of the whole room.

Do you know the length of your curtains before they were cut? - I think three yards and a half or three yards and a quarter, I do not know which.

Are any of them now as you lost them? - They are torn to pieces; I believe here is one the full length, three yards and a quarter; here is our silk fringe, they are bound with the same; there are some iron moulds on the binding.

Had you observed these iron moulds before? - I have not seen them now.

THOMAS DAY sworn.

You took the prisoner? - Yes.

Do you recollect what furniture was to the bed? - This furniture was to the bed.

PRISONER's DEFENCE.

I know nothing of the matter; the gentlewoman never saw me till she saw me at Sir John Fielding 's, I believe; at the time of this robbery I was ill in bed; the woman below bought these things; and, I believe, has a receipt for them.

Prosecutrix. (Examines the curtains) Here are two iron moulds upon them.

Cross Examination.

Any curtains that are washed with the rings on will have iron moulds? - They may.

NOT GUILTY of breaking and entering the dwelling-house, but Guilty of stealing the goods to the value of 39 s.

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

[Imprisonment. See summary.]

Reference Number: t17800405-16

173. THOMAS WILLIAMS, otherwise CHARLES CALLOWAY was indicted for that he in the king's highway, in and upon Joseph Richards did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a gold case, value 5 l. two cornelian seals set in gold, value 40 s. and seven shilling in monies, numbered, the property of the said Joseph , March 1st .

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

JOSEPH RICHARDS sworn.

On the 1st of March, about nine at night, I took a coach at the Horse-guards; when I came into the Minories, I stopped the coach and asked the coachman where he lived? He said in Oxford-road. As I was going a great way farther, I discharged that coach and took another. The postman was then going about; it was about half after nine. I directed the second coachman to drive me to Stepney Cause-way . About three hundred yards short of it, the coach was stopped all at once. The glass on my side was half down; the glass on the lady's side was quite up. The prisoner came to the door, clapped in a cutlass and demanded my money.

How do you know it was the prisoner? - I could see his features, it was as fine a night as ever was without a moon.

He opened the coach door? - Yes, both the doors were opened. There was a man on the other side. They had both cutlasses, and they both put them into the coach, and the points of the cutlasses crossed each other in the coach. The prisoner demanded my money and watch; I told him I had not a single guinea about me, I had some silver which he should have if he would not frighten the lady. He said I had a watch; I told him I had not, being desirous to save my property. When he had taken the silver he put his hand across my thighs and felt my watch, and said he must have it, upon which I gave it to him.

What silver did you loose? - Eight sixpences and three shillings, my watch was a gold one with a single case and gold dial-plate, there was to it a cornelian seal set in gold, which had my cypher upon it. It wanted then about ten minutes of ten o'clock.

Are you sure the prisoner was the man? - I am quite certain of it.

Did you ever find your watch or seals again? - Never. I advertised them.

Cross Examination.

This was on the 1st of March, about ten at night? - Yes; it wanted about seven minutes I believe. I had some company at my house playing at cards. When I went in I asked the time, and no gentleman was after ten.

You did not know the prisoner before? - I did not.

How long was it after the robbery before the prisoner was taken up? - The next morning as I was coming to London I heard that two of the people who had robbed the Blackwall stage were taken that morning. I went to the Rotation-office, and I heard there the prisoner was in New Prisoner. I went to New Prison and saw him in bed, all in a gore of blood.

How long did you stay with him? - Not above five minutes; I asked him if he was the party who robbed me; he said he was not. I said, if you are, you know what passed about the watch; it is a family watch, and if you will let me have it I will give you what you think is the value of it.

Did you express any doubt about his being the man? - No. When he was before the magistrates, I said, that is the man who robbed me. He appears now in his third disguise; all that hair behind is false, it is not his own hair, his own hair was very short and strait, there was not a crooked hair in his head. He appeared in the same dress when he was examined which he had on when he robbed me.

Court. Mention his dress? - He had a pea-green coat and waistcoat shot with yellow, a hat, and a surtout coat.

What colour was his surtout coat? - It was dark. I cannot say what colour it was. He never put a mask on till after he robbed me. When I talked to him about the watch, he pulled out a piece of black tin and put it over his nose, which altered his voice entirely, and made him squeak like Punch in a puppet-show.

JAMES GLENTEN sworn.

I am a constable. On the 2d of March at about three o'clock in the morning, a man came and said he saw three persons upon the Green whom he suspected to be thieves. I sent the watchman down the footpath of the green, and went down the road myself. I saw two men; I went towards them. I presented a pistol and bid them stop, or I would blow their brains out; they got off. About a quarter of an hour after a watchman came to me and informed me that he had stopped a man, and desired I would come to assist them. I went up to him. I found the prisoner lying on his back almost suffocated; he had fallen over a post, and was bleeding very much; I thought he would have died. I found the screw of a pistol, which I heard drop from him when we took him up. He was carried on three men's shoulders to the watch-house. One of the men went by my desire to examine the place where he fell and found this pistol (producing a small pocket pistol) I felt a flint and steel in his pocket; it dropped out by the way, and was picked up.

From the Prisoner. What had I on at the time I was taken?

Glenton. A cocked up hat, high in the brim, a blue great coat, his under clothes were almost new; something of a new mixture, yellow, and rather darker than this; the breeches were torn, by the fall I apprehend.

Were the waistcoat and breeches the same? - Yes. There was some gun-powder twisted up in a paper under him, at the time we took him. He had a gold mourning ring on his finger.

WILLIAM THORNHILLOW sworn.

I am a watchman. I took the prisoner by Mr. Bower's barn; he seemed to be very much in a sweat.

Was there any thing the matter with him? - There did not seem to be any thing the

matter more than he was in a sweat when I gave chase to him.

You pursued him did you? - Yes.

Did he fall in your pursuit? - As I was running after him, he tumbled over two posts.

Did he hurt himself at all? - He seemed to bleed.

Are not you sure whether he bled or no? - He bled pretty much when he got to the watch-house.

You took him afterwards? - Yes. Mr. Glenton came to me. I found a flint and steel upon him. These are them. I gave them to Mr. Glenton.

What else did you find on him? - Nothing else but the key of a pistol, it tumbled out of his pocket as we were raising him on his backside.

Are you sure it came from him? - It was found where he lay.

Did you find out what he fell against that wounded him so? - I cannot find any thing but the posts.

Do you know where the pistol came from? - I found it where he fell.

How soon after? - About a quarter of an hour after.

Was it loaded? - No.

Had it powder in it or nothing in it? - I cannot say, there was a little priming in the pan.

Did you try whether it was loaded? - It was snapped.

Did it flash in the pan? - No, we put the priming out before we snapped it.

Glenton. The key is marked No. 6, the same as the pistol.

To Thornhillow. Do you remember how this man was dressed? - When I took him he had on a blue surtout coat, and an olive coloured coat, waistcoat, and breeches.

Do you know what an olive colour is? - Like the colour of that gentleman's clothes (pointing to a gentleman.)

Coat, waistcoat and breeches the same? - Yes.

Did you take any notice of his hair? - He had short black hair

How far did his hair come down? - About to the collar of his coat behind.

How far did it reach forwards? - I cannot say.

Did his hair curl or was it strait? - It seemed to me very strait.

THOMAS WILSON sworn.

On the 2d of March, a little before three in the morning, an officer belonging to the excise came and gave us information that he saw three men lurking about Stepney fields, as he was going to a brewhouse. He said they were upon Stepney Green. Glenton went out and came back and said he could see nobody. He ordered me to take the foot-way, and he went the way the carriages go. When I had got thirty or forty yards down, I met three men; one of them drew back, and made a blow at me and just grazed my stock.

With what did he strike at you? - With a hanger, by what I could see, it is not here. I had a hanger by my side, I drew it and chopped at him again; then the other two took towards the road; I pursued them as fast as I could, and they turned towards the watch-house. There are three houses, the watch-house is in the centre. These hangers (producing two) were found next door to the watch-house.

Is the man who found them here? - No. Then they turned round, the other turning to run back down the Green, there they overtook Glenton.

How long after they turned down by the watch-house was it that the man brought the cutlasses to you? - When I came back to the watch-house he had brought one of them there. I was just at his heels when he picked up the other. This chissel (producing it) was picked up just where the man made a stroke at me.

Glenton. I found it where Wilson said they stopped, which is about forty yards from the Green.

Wilson. That is between the place where I stopped them and the place they ran down.

In what condition was he when he was taken? - I was not present when he was taken, I saw him at the watch-house.

Were either of you present when Mr.

Richards came to him, when he was in bed? - No.

Did you search the prisoner? - The officer did, I did not.

Was any money found? - As we were bringing him along, when he began to speak, I asked him if he had any money about him? He told me he had no money; as we were carrying him along the money jolted out of his pocket. I desired the men to pick it up. I picked up two half-crown pieces, which I returned him before the magistrate.

To Glenton. What sort of a night was it? - It was very light, I could see him very well.

What time was he carried to prison, the next day? - We had him before the magistrate about eight o'clock in the morning, he being ill, the magistrate suffered him to sit down in a chair; and he stayed there for examination till about three o'clock.

Was Richards before the magistrate the first day? - No; the prisoner was committed for further examination.

JOHN LONG sworn.

I am a coachman.

Do you remember driving Mr. Richards? - I do.

When? - I cannot remember the time; three men came and asked me if I was hired? I said yes. One of them stopped the horses, another laid hold of the bridle; upon which the horse began kicking; and they broke the reins all to pieces. I got down and tied the horse to the pole. They asked me what I got down for. I said, don't you see what a condition I am in? When I had tied the horses I got up upon the box again; one of them opened one door and another the other. I could not see what kind of people they were, nor any thing about them; I had enough to do with the horse, it kicked in such a manner.

One opened one door and the other the other door? - Yes; and one stood in the pathway with a cutlass in his hand; it was a very dark night.

Did you see whether they who opened the door had any thing in their hands? - I did not see nor hear any thing, only the gentleman said something about his watch.

Cross Examination.

It was a very dark night you say? - Yes.

PRISONER's DEFENCE.

On the 1st of March, about nine o'clock, I was in Leadenhall-street, and supped at an acquaintance's, at the house of one Mrs. Hancock, who is a kind of a millener, or something in the linen way. I saw a person there I knew, with whom I stopped and had something to drink. I stayed till about ten o'clock; there was one Mrs. Young and one Mrs. Haley there; I believe they are both in court.

For the Prisoner.

ELIZABETH YOUNG sworn.

I know the prisoner. I was in company with him on the 1st of March at one Mrs. Hancock's in Hand-and-Pail-court, Leadenhall-street; he was there from half an hour after seven o'clock till past ten; just as the clock struck ten he went away.

Court. Are you acquainted with the prisoner? - So far as seeing him come backwards and forwards to Anne Hancock , the woman I work with, who is a millener.

For how long have you seen him come backwards and forwards there? - About half a year; Mrs. Hancock is his acquaintance; he is no acquaintance of mine.

What day was this? - The 1st of March, St. David's day; I am a Welch woman, that makes me particularly remember it.

Are you sure he stayed there till past ten? - Yes; just as the watch came past the door after ten the young man went out; we went out of the court together, and then he departed.

Had he often before that stayed as late there? - I did not take particular notice; he might or might not.

MARY HALEY sworn.

I have known the prisoner a great many years. I had not seen him of late for four or five years. On the 1st of March I called in at Mrs. Hancock's, and saw him there; it was between nine and ten o'clock when I called in.

How long did you stay there? - I did not stay long. He said he would call at my house and see me that evening. I left him at the end of Mrs. Hancock's court; he said he had some business to do at Cree-church.

Are you a Welch woman? - No, an English woman.

How come you to recollect the day? - I had been out about business that afternoon, and saw the Taffies coming along, that made me recollect the day.

What time did you see the Taffies going along? - In the forenoon.

Are you sure that is the man? - Yes.

Who else was there? - This young woman and another.

There was no other man there? - I saw none.

To Mr. Richards. Was you before the justice at his second examination? - Yes.

Did the prisoner say any thing about being at another place? - No; he was asked where he was? he would not say where he had been that night.

Are you sure he was asked where he was that night? - Yes. I am positive he was by three of the magistrates out of the five.

Glenton. I am sure of it, that he said he was at Bow.

Richards. I did not hear that.

How long was the examination after he was taken? - He was taken on the Thursday, and examined on the Tuesday morning.

To Glenton. Was he asked where he was the first time? - Yes; he said he was at the Three Cups at Bow. A messenger was sent down to the Three Cups to know if such a person had been there. I do not know what answer the messenger brought.

How far is Leadenhall-street from Bow? - I suppose, as near as I can tell, it is three miles and upwards.

Prisoner. When I left Mrs. Hancock's it was past ten o'clock. I went to see a person I met with to the stage in Whitechapel, and then went to Bow.

A WATCHMAN sworn.

I was crying the hour of ten on the 1st of March, I saw three men go towards Bow. I am sure the prisoner is one of them I looked after them and observed him particularly.

Richards. They made immediately towards Bow.

Prisoner. Mr. Richards came to me to the prison and asked me, if I was the man that robbed him, and if I had his watch? I said I was not the man that did the robbery. He said, he was sorry I was in gaol on his account; that I was not the man that robbed him; he told several in the gaol that I was not the man that robbed him, and gave me a shilling to drink; he went between the gates and told the turnkey that I was not the man that robbed him.

Richards. When I saw him he was in a dreadful condition; there was a great deal of clotted blood; it shocked me; I did not think he could live. I could not bear to see a man in that condition; I gave him a shilling to get him some wine and water to wash his throat. When I came out the turnkey asked me if I could swear to the man? I said, I could not, as he lay in that condition, one man put the question to me, and I said, I did not know him in bed.

Counsel. I asked you if you did not tell the gaolor you did not know him? you said you did not.

Was his face washed as he lay in the bed? - Yes, he was like a corpse, only the blood was about his mouth.

The coachman says it was a dark night; you say it was a light night; was it a dark night or a light night? - It was as light a night as ever I saw in my life, the moon excepted, there was not a cloud.

To Long. You say a third man stood in the road with a hanger? - Yes.

How far was he from the coach? - He was about a yard and a half from me.

You could see he had a hanger in his hand? - Yes.

Was there a scabbard on it? - I cannot tell that.

Counsel to Richards. You was saying something just now about his putting on a mask? - It was something black; he took it out of his left hand pocket; it made him squeak like punch in a puppet-show. I described his hands, before I saw him, before the magistrate.

You did not see his hands when he was in bed? - They were covered over.

- HUMPAGE sworn.

The prosecutor came in the morning to the prison and asked, if there was not a person brought in who was not very well? I said there was. He asked if he might see him? I said he might. I desired one of the prisoners to shew him. He went up to the prisoner, but what was said I cannot tell;

when he came down he asked me what I would drink? I said any thing he chose; he ordered some red wine negus. He said he had seen the prisoner; but he did not believe that he was the person that robbed him, or was any thing like him; he said he was a much stouter man, and he did not appear to be like him.

Prisoner. I went up on the Monday for an examination; Mr. Richards was present. He said the night was so dark he could not swear to me, but he had his daughter in the coach who could swear to me, and he would bring her on the Friday. On the Friday he said his daughter could not swear to me, and he swore to me himself.

Richards. I never said any such thing; she was on the other side of the coach, she never turned her head, and knew nothing of him.

Court. Who was by when you first said you knew the prisoner? - Every one of the magistrates, and I believe Glenton was present.

To Glenton. Was you there when the prisoner was brought up to be examined? - I was. I heard Mr. Richards say, if ever I saw a man in my life that is the man who robbed me.

Did he swear to him the second time? - No; that was the third time; he did not swear to him till the third time.

Richards. My motive for not swearing to him was they had two in hold, we were in hopes of getting a king's evidence, and to have knocked up the gang, that was my motive; I told the magistrates that was my motive why I would not swear to him.

Did you tell the magistrates you had seen him in gaol? - Yes, I told them in the circumstances I then saw him, covered in bed, I could not swear to him.

To Glenton. Did the prosecutor tell you at the second examination that he could swear to him? - After he was taken away, he told the magistrates that he could swear to him by his hands, his hair, his voice, and several circumstances.

Prisoner. There were five windows in the room where I was in the prison, and it was twelve o'clock, and the windows were all open.

Richards. The inside window shutters were all shut, only one half open, the person that went up with me laid hold of a pully and opened another window.

Humpage. There is no pully in the place.

GUILTY ( Death .)

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

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

Reference Number: t17800405-17

174. MARGARET BRADSHAW was indicted for stealing a dimity waistcoat, value 5 s. a muslin apron, value 1 s. half a yard of lawn, value 4 s. a linen tucker, value 4 d. a lace robin, value 6 d. a piece of lace, value 6 d. a snuff box, value 2 d. a black cloak, value 1 s. and a row of garnets, value 1 s. the property of Thomas Morgan , June 13th .

THOMAS MORGAN sworn.

The prisoner lived servant with me about a year and ten months. For a great while I thought her exceeding honest; she left my service on the 12th of June, at that time we had lost a vast number of things of value; my wife looked in her box and found a number of things; upon which I sent her about her business; that was on the 12th of June; none of those things are mentioned in this indictment. When I heard she was taken up for Mr. Walker's affair, I went and looked in her box and found the things mentioned in the indictment (repeating them) that was the 28th of February; she had been in Bridewell some time before I heard of it; I did not know where to find her before. My wife knows the things better than I do; there is a waistcoat of mine.

Cross Examination.

How long has that waistcoat been lost? - I cannot tell.

It may have been lost two or three years? - It may be two years, I believe; this waistcoat is mine, but I cannot swear to it.

You do not know that this waistcoat was in your possession any part of the time she was in your service? - I do not.

Do you know of any quarrel between her and your wife? - None at all; she shewed the greatest lenity to her, or I should have prosecuted her at that time.

When she left your house you did not mean to prosecute her? - Not at that time; not till afterwards, when I missed a great number of things, and of great value.

Mrs. MARY MORGAN sworn.

I lost the things, at different times, that were found in the prisoner's box; I do not know as to the day or the week when I lost them.

Are there any marks on them? - I do not know that there are any particular marks, only they are things that I made and used and had in my possession; there is a tucker that I cut out of a sprig muslin apron. I missed them during the time she was with me; this dimity waistcoat, to the best of my knowledge, I lost the beginning of last summer; I missed it before she left my service; to the best of my knowledge it is my husband's; he told me it was his; he had not worn it for many years; I brought it down to make a bed-gown of it, that makes me remember it (looks over all the things) I lost such things as these, I believe them to be mine.

Cross Examination.

All these things were missed while she was in your service? - They were.

As she remained in your service after these things were missed, why did not you take her up? - I was a long while before I suspected her.

Why did not you prosecute her? - Because I was a great fool.

Then eight months after you were grown a great deal wiser. Upon your oath have you ever had a quarrel with her? - Never.

Did not she say something that affected your reputation? - Never to me, of me, nor in our house, while she was with us; she said something that I heard of a day or two before she was taken up.

Court. How came you to hear where she was? - By means of a coachman, who was husband to a person in Mr. Walker's house, and had been coachman to a person in our house, who came to enquire if we had given this woman a character to Mr. Walker.

Court. Should you have prosecuted her if you had not heard that she had said something disrespectful of you? - I believe I should not.

BENJAMIN YARNOLL sworn.

I found these things in the prisoner's box.

Did she say any thing about them? - No.

PRISONER's DEFENCE.

I had the things before I went to live at that house; the waistcoat was my father's, I brought it out of the country with me; the snuff box and row of garnetts were given to me.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-18

175. ROBERT WILSON was indicted for stealing a live pig, value 5 s. the property of John Henderson , Esq . March 23d .

GEORGE PRESGROVE sworn.

I live at Hendon. Mr. Henderson of Hendon bought two pigs of me in the month of February, the day before Good Friday. The gardener afterwards came to me and told me they had lost one of them.

What is the prisoner? - A kind of a coachman ; he drove hay backwards and forwards for Mr. Jacques. I went to Mr. Jacques' town-house in Doctor's Commons, and in consequence of a direction from Mr. Jacques I went to Lambeth and found the pig in a stye of William Sleath 's.

Was that pig one of the pigs you sold to Mr. Henderson? - I am positive of it.

WILLIAM SLEATH sworn.

I am a coachman.

Do you keep pigs? - No; I had not any at that time, only that one.

Who are you coachman to? - Dr. Elvert. Robert Wilson brought this pig to me on Good Friday morning.

Do you know Robert Wilson ? - Yes. I have known him near six months; he is a coachman. I live at Lambeth; he brought the pig to me and desired I would take care of it till I saw him again, that he was going to drive a job for a gentleman at Peckham.

Did he tell you how he came by the pig? - He said he bought it of a person on the

road, and gave five shillings for it; the gentleman came to my house, I happened to be at home; he saw the pig the prisoner brought to me.

Cross Examination.

You have known the prisoner six months? - Yes.

He always bore a good character? - Yes.

He told you he bought it on the road, and gave five shillings for it; do you know any thing, after the pig was discovered, of his going down to clear himself voluntarily? - Yes; when the constable came, I would have gone with him to the gentleman's house; he would not go. He said we could not oblige him to go to that gentleman's; they laid a scheme for him to go down for hay for Mr. Jacques, and another man to go with him.

Court. Who refused to go with you to the prisoner's house? - The constable said I could not oblige him to go there.

What constable? - Mr. Presgrove.

To Presgrove. On what account did you refuse to go to the prisoner's? - Mr. Jacques said he was doing a job at Peckham for a coachman that was ill, that if I took him away in a disagreeable manner he might lose a job, and disoblige the gentleman; and begged I would not go to him; that he would contrive to send him down for some hay with another man on the Monday, and then we might stop him.

Did you know yourself of the pig being missing? - Yes; I saw it the day before.

PRISONER's DEFENCE.

I met a man with two pigs. I asked him what he would have for one of them? He said five shillings; I bought it of him. I took it to a publick-house and shewed it to several people, and asked if I was taken in; they said no; but it was as much as it was worth. I took it to Lambeth; when they told me the pig was taken away I went voluntarily to Mr. Henderson.

Sleath. He asked me to go with him on the Sunday to Mr. Henderson's.

To Presgrove. I believe you found the pig in a publick-house? - No.

You enquired at the publick-house, and heard the pig had been left there? - No. The gardener enquired at the publick-house.

For the prisoner.

ALEXANDER GODWIN, Esq. sworn.

The prisoner has lived servant with me near upon three years; he was a very good servant, a very honest fellow; he came a great many miles out of the country to live with me. I was amazed to hear of this thing of him; he came of good friends, who always let him have money when he had a mind; he might have robbed me of a great deal, keeping a manufactory.

Court. How long has he left you? - I believe, pretty near three months.

CHARLES HENDERBY sworn.

The prisoner came from Mr. Godwin's service to my father's service; he was there about two months; he came on account of the illness of another servant; he behaved so remarkably well that we would have kept him, if the other servant had not recovered; he behaved so well that we got a place for him, in which he behaved very well.

JOHN HILL sworn.

Did you see any thing of the prisoner's bringing a pig to Mr. Jacques' yard? - I did not see the pig, but I heard it squeaking in the bag, when Sleath took it home.

How long have you known the prisoner? I lived with Mr. Jacques ten years. I knew him directly after he came to Mr. Godwin's; Mr. Henderby's coachman being ill I recommended him to drive for him.

Where did you hear the pig squeak? - At a publick-house on Addle-hill; I was up stairs, I did not see it.

To Sleath. You told me the prisoner brought the pig to your house? - To my stable.

Where is the stable? - Upon Addle-hill, the Bell-yard; I took it from the stable to Lambeth, which is about two miles. I took it on the Friday night at eleven o'clock; Presgrove found it on the Saturday.

Where was it all day on Friday? - In my stable; I turned it out of the sack; they said it had continued in the sack some time.

When was it brought to the stable-yard? I do not know; the prisoner told me of it on

Friday morning, I believe, between eight and nine o'clock.

Did you take the pig then? - No, he brought it to me.

Where from? - I believe from Jacques's yard, but do not know.

How long did he say he had had it, and what account did he give you of it? - He did not give me any account how long he had it; he desired me to take care of the pig which he had bought, while he went into the country.

When did he say he bought it, and of whom? - He said he met two men on the road with a couple of pigs, or one man, I cannot say which, who were driving the pigs along, and he asked if they would sell one of them; they said yes. He asked the price; they said five shillings. He said he would have his choice.

Did he say that before there was any enquiry made about it? - No.

What did he say when he brought it? - He said he had got a pig, and desired me to take care of it till he returned out of the country; that he had bought it and given five shillings for it.

Did he tell you what he intended to do with it afterwards? - No.

Is he a housekeeper or got a family? - No.

Did he say what he intended to do with it? - When he lodged at my house about two months before, I desired him to buy a pig for me if he could meet with it.

Was there any thing said that you was to have this pig? - No.

Did you say nothing to him about it that you should like to have it? - No, nor did he say I should have it or should not.

Was there any thing said about your having it? - No, nothing at all.

How came he to get a pig for you, had not you as good an opportunity to get a pig yourself? - No, I was a gentleman's servant, and he was out of place. I asked him if it lay in his way to get me a pig.

What price did you tell him to give for it? - I did not tell him any price.

Did you tell him what sort of a pig you wanted? - Yes, a small pig.

This was about the size you wanted? - It was.

How came you then not to say any thing about having it when he brought it? - I did not care whether I had it or not, therefore I did not say any thing to him about it.

How old was it, was it two or three months? - Yes.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-19

176, 177. WILLIAM BAGNALL and ELISABETH ROSE otherwise BAGNALL were indicted, the first for stealing a silk gown, value 20 s. two linen gowns, value 40 s. a linen petticoat, value 20 s. a silk cloak laced, value 30 s. and a Marseilles petticoat, value 10 s. the property of Samuel Hutchinson ; and the other for receiving the above goods, knowing them to have been stolen , against the statute, &c. March 18th .

SARAH HUTCHINSON sworn.

I live at Lambeth Marsh . On the 2d of January, on Sunday evening, I left the one-pair-of-stairs window unscrewed and a little way open. The things mentioned in the indictment (repeating them) were stolen; the cloak was in a deal box, the rest of the things were in the closet.

Did you find any of the things again? - We found those I have mentioned at Sir John Fielding 's, which they said were taken in the possession of Bagnall.

THOMAS DAY sworn.

I attend for Jealous, he is ill in bed with a fever (produces the things).

Where did you find these goods? - At the prisoner's house.

How do you know it was his house? - He said it was his.

Prisoner. My lord, that is false; I was not present when the things were taken away.

Hutchinson. That gentleman never was in the house, it was Jealous.

To Day. Where were those things found? - By the bedside; they were in a drawer; I believe; I saw Jealous take them out. I

have an inventory which I made. She gave me the paper to write it on; she said they were her property, and I should write it down, so that she might have the property returned.

Was Bagnall by at the time? - Yes; he was not out of the room till we brought the things and him away.

Has he lived there any time? - I cannot be particular to that, I believe half a year; there was a man came tapping at the door; she said it is a man for the rent of the house, I would not have it blowed about, tell him to call another time, and desired us not to make any disturbance in the neighbourhood; I told them we would not.

She passed as his wife? - Yes; she said she was his wife.

Hutchinson. This is my silk gown; they dropped one cuff down by the window (producing it) they have rounded the corners and made cuffs to it since.

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

Cross Examination.

You know nothing of this man, you never saw him till he was taken up? - No.

Only you lost these things? - That is all.

WILLIAM BAGNALL 's DEFENCE.

I am very innocent of the robberies. I know nothing of any of the things, they are what this woman says she bought herself. At the time the robberies were committed we were apart. I had not lived a month with her when she was taken. She took the room unknown to me.

( Elisabeth Rose otherwise Bagnall, was not put on her defence.)

For Bagnall.

JOSEPH KENT sworn.

I am a watch-spring maker . I have known the prisoner eight years. He worked for my brother six years. He is of the same business as myself. He was a very honest young fellow during the time he worked with my brother, which was till after last Christmas. He came at six in the morning to work; his wife brought his breakfast and dinner. His master is out of town or he would be here. I take care of his business. He has been intrusted with a great deal of property.

Court. When did he leave your brother? - About a fortnight after Christmas. He was taken very bad with a fever; my brother was obliged to get another man. He kept his bed three weeks. I used to go and see him of a night, when I had done my own work.

JOHN GRAVES sworn.

I am a coffee-mill maker. I have known Bagnall sixteen or seventeen years. When he has been out of work, he has worked for me at many different times. I have entrusted him with two or three pounds of work at a time. I never knew him to wrong man, woman, or child.

GEORGE GRAVES sworn.

I am a peruke-maker. I have known Bagnall about eighteen years to be a just honest man. He has worked for my brother.

BOTH NOT GUILTY .

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

WILLIAM BAGNALL was indicted for burglariously breaking and entering the dwelling-house of John Thomson , on the 29th of November , about the hour of nine in the night, and stealing two silver table spoons, value 10 s. a linen shirt, value 2 s. a linen stock, value 6 d. five yards of flowered muslin, value 25 s. a green stuff petticoat, value 10 s. a white dimity petticoat, value 4 s. a white cotton petticoat, value 3 s. two linen shift sleeves, value 1 s. two pair of cotton stockings, value 1 s. three linen shifts, value 2 s. two cotton gowns, value 30 s. a laced tucker, value 2 d. a linen apron, value 6 d. two black sattin cloaks trimmed with lace, value 26 s. a linen cap, value 6 d. a linen handkerchief, value 6 d. a pair of woman's linen gloves, value 6 d. and a pair of men's leather gloves, value 18 d. the property of Samuel Plumpin , in the dwelling house of the said John Thomson .

ANN PLAMPIN sworn.

I am the wife of Samuel Plampin . We lodged in the one-pair-of-stairs, at Mr. John Thomson 's, No. 9, Duke's-court, Drury-lane , when this happened. My husband is a coach-harness maker . They came in at the one-pair-of-stairs window.

When did you discover that the house had been robbed? - I went out at six o'clock; I came home again at eight o'clock; I looked for a ball of worsted; I missed the worsted.

When you went out was there any body in the house? - Some people up in the shop; they are tailors. The things were all safe at eight when I came home. I went out again then, and came home at ten. There were some people up in the shop when I went out the second time, and when I came home at ten I found the door of our room fastened on the inside. I went to the publick-house and fetched my husband and he broke open the door to get into our room. There was a mark in the window and upon a chair, upon which they had stepped.

What is your reason for thinking they came in at the one-pair-of-stairs window? - Because I found the window open. They stepped into the chair which stood under the window. There was the mark of a foot on it. I found the chair when I came home in the middle of the room.

Was the mark plain enough to distinguish whether it was a man's foot or a woman's or boy's? - There was just the mark of the sole without any heel, but I cannot take upon me to say whether it was a man's or woman's foot.

It was a sash-window I suppose? - It was.

Had it any fastening? - No. It was only shut down.

Do you know whether you left it open when you went out? - I did not.

You missed many things? - Yes.

Have you ever found any of them again? - Some at Sir John Fielding 's.

Do you know any thing of the prisoner, has he ever been at your lodgings? - No. I saw a gown and a green petticoat of mine at Sir John Fielding 's, that is all that has been found again. I locked the door when I went out and took the key with me.

JEMIMA THOMSON sworn.

You live at No. 9, do you? - Yes.

Do you know any thing of this affair? - We went out about half past eight; the house was all safe then. I left my apprentice at home, and there were some people in the two-pair-of-stairs. At ten at night Mrs. Plampin came in. She was knitting a stocking at a neighbour's house; she unlocked her door, but it would not open. She came down and asked if her husband was come home. I said I had just come home, but I did not hear him. I found the door was bolted on the inside. Mrs. Plampin sent for her husband; he came and burst open the door. I went in with Mr. Plampin; I saw immediately there had been a robbery done, for there was the mark of a grown person's foot upon the chair.

Could you distinguish whether it was a man's or woman's foot? - No, there was only the mark of a sole upon the chair.

MOSES MORANT sworn.

I found this green petticoat in the prisoner's house upon the 18th of March.

Had you taken up Bagnall that day? - Yes.

Where did you find them? - At No. 6, in White's-alley, Chancery-lane.

Was he a lodger there or the householder? - The house was his I understood.

Who did you find there when you took him up? - I was not at the taking him up.

Who was? - Jealous, Day, and some others.

You went back to his house afterwards and searched it? - I was one that did. I found this hanging up in the room; it was the ground floor, where their bed was.

Whose bed? - Bagnall's and his wife's, as I understood.

Did you go into any other rooms in the house? - Yes.

Were there any other rooms furnished? - Yes, beds in some, and some little matters.

Were there any other inhabitants in the house? - There was a lodger up stairs, and a woman lodged in the garret.

Ann Plampin . This petticoat is my own work, I am sure it is mine.

JOHN LABOUR sworn.

I went with Morant to search Bagnall's lodgings again. I found this gown in a drawer in a chest of drawers in the bedroom, on the ground floor. I have the agreement for the house, which I found among Bagnall's papers which were in his drawers which will shew that it was Bagnall's house.

Do you know yourself any thing of his being taken up out of that house? - I was not there, but his wife went along with me the second time to shew me the house.

How came his wife to go with you? - Because we wanted to search the house again, supposing the people that searched at first had not searched properly.

Where did you go from to search it? - From Bow-street.

Was the prisoner present at that time? - Yes.

What did he say? - He said nothing. She went readily.

THOMAS DAY sworn.

I apprehended the prisoner.

Where did you find him? - Just by Chancery-lane, it is White's-alley; to the best of my recollection, but I am not positive, I think it was No. 5.

Did you go back with them to search the second time? - No, when we received our information, several of us went, some went to the back door, as we had a description of the house. Jealous went in at the fore-door. I went in directly. Jealous took hold of Bagnall and the woman who passes for his wife.

In what part of the house did you take him? - In the bed-room on the ground floor.

Do you know whether there were any lodgers in the house? - A woman came down; they wanted her to take care of the things while we went to Bow-street.

Whereabouts in White's-alley was it, which end of the alley? - We went up a narrow passage and then turned upon the right; it is in a little nook as it were; it is the last house, I think, upon the left hand.

To Labour. Is that the house you went to? - It is.

To Ann Plampin . Look at that gown, do you know any thing of that? - Yes, that is my gown, that was taken along with the green petticoat, and here is the fellow to it; this gentlewoman and I bought them both together.

Was it made up? - No; I swear to the pattern.

Is it made up now? - It is.

Cross Examination.

You only know it by the pattern? - No.

PRISONER's DEFENCE.

I am innocent with regard to any of the robberies alledged against me. I never bought any thing of the property. The petticoat I know nothing of. I bought the gown in Fleet-street; I have a bill and receipt for it.

For the Prisoner.

THOMAS KING sworn.

I am shopman to Mr. Leake, a linen-draper in Fleet-street.

Look at that gown. Had you such a pattern? - We had.

Look at that bill and receipt. Is that your hand writing? - It is.

Do you recollect selling that linen to that man? - No. I know we had such a pattern in December, and it was sold on that day as we enter it in our books.

What was the quantity? - A piece; it is made up in pieces.

Court. I observe what you have sold is called here a piece of chintz? - Yes.

Are you able to swear that you sold a piece of chintz of that pattern that day? - By the price of it, this was the piece of chintz.

Had you no others of that price which you sold that day? - No, it is a very low price for a piece for a gown.

All you know is you had the pattern at that time, and from the price that this is charged at you judged it was a piece of this pattern? - Yes, and because we had

entered it in our books, a piece of chintz twenty-seven shillings.

That figure looks to be a 9? - It is meant for 1 l. 7 s.

That entry leaves us where we were as to the subject of its being of this pattern? - We never had but two patterns in the house at that price, and I know at the time we had two or three left of this pattern we had none of the other to my recollection.

Ann Plampin . I have a bill and receipt for mine.

Court. At the same shop? - No, at another shop; we bought four pieces.

NOT GUILTY .

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

WILLIAM BAGNALL was indicted for burglariously breaking and entering the dwelling house of Martha Scott , spinster , on the 29th of December , about the hour of eleven in the night, and stealing a linen bed quilt, value 10 s. a pair of woollen blankets, value 20 s. two pair of sheets, value 30 s. a linen napkin, value 1 s. two linen pillowcases, value 2 s. and two linen curtains, value 6 d. the property of the said Martha, in her dwelling-house .

MARTHA SCOTT sworn.

I live at No. 19, in Crown-street, Westminster . I lost the things mentioned in the indictment (repeating them) on the 29th of December between the hours of ten and twelve. I was up and down stairs till after ten at night; the things were all safe then. I had the key of the dining-room in my pocket. I went to bed about twelve o'clock. When I went to open the dining-room door, there was a chair against it; I could not get in till I pushed it away. I went in and found the sash open, the shutter having been fresh painted there was the mark of a hand on it; and there were the marks of feet in the bed-room. There was a pair of blankets found by the dining-room window.

Had you left them there? - No, they were taken off the bed.

Have you found any of the things again? - Only two old curtains; they were taken out of the bed-room. There was a large white quilt wrapped up in one of the curtains, the other lay on the top, or by it, I cannot say which.

What time did you lock the dining-room door? - I kept it locked constantly.

What time had you been in the room? - A little before dark.

JOHN LABOUR sworn.

I found these curtains in a box in a place adjoining to the prisoner's wash-house.

NOT GUILTY .

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

WILLIAM BAGNALL was indicted for burglariously breaking and entering the dwelling-house of George Deitz , on the 3d of February , about the hour of nine in the night, and stealing three women's silk gowns, value 6 l. five yards of muslin, value 25 s. four dimity petticoats, value 3 l. three dimity pockets, value 3 s. a muslin apron, value 12 s. a muslin handkerchief, value 6 s. a gauze handkerchief, value 1 s. a linen handkerchief, value 2 s. a silk hat trimmed with gauze, value 5 s. seven linen shifts, value 30 s. a black cloak trimmed with lace, value 40 s. three silver table spoons, value 15 s. three linen sheets, value 30 s. two woollen blankets, value 16 s. a cotton counterpane, value 20 s. a pair of woman's stays, value 30 s. two woman's night-caps, value 3 s. and a woman's gold enamelled handkerchief buckle, value 10 s. the property of Diana Deitz , in the dwelling-house of the said George .

DIANA DEITZ sworn.

I am the daughter of George Deitz , who is a jeweller . I lost the things mentioned in the indictment (repeating them) on the 3d of February, between the hours of nine and ten, out of the dining-room. The windows were shut down in the dusk of the evening. About ten o'clock I went to go into the dining-room; the door was locked, I could not get in. We got a watchman and

a man got a ladder and got in at the window, and opened the door and let me in. The dining-room window was open. The drawers were all pulled out, and the papers and things thrown about. The things mentioned in the indictment were taken away. The bed in the bed-room was stripped; they went through the dining-room into the bedroom. There was nothing lost out of the dining-room. There were two shifts and a pocket handkerchief found in the prisoner's room. Between nine and ten o'clock I remember to have heard a whistling every time a carriage went by, which was the time I suppose it was done.

JOHN LABOUR sworn.

I found these things in the chest of drawers in Bagnall's room (producing them).

Prosecutrix. The marking has been picked out, but there is the mark very plain. I am quite sure they are my property.

PRISONER's DEFENCE.

I never saw these things before.

NOT GUILTY of the burglary, but guilty of stealing the things to the value of 39 s.

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

WILLIAM BAGNALL and ELISABETH ROSE otherwise BAGNALL were indicted, the first for stealing a woman's printed cotton gown, value 10 s. and a lawn apron, value 2 s. the property of Henry Hudson , and the other for receiving the above goods, well knowing them to have been stolen , against the statute, &c. November 2d .

(There was not any evidence given.)

BOTH NOT GUILTY .

WILLIAM BAGNALL was indicted for stealing three muslin aprons, value 6 s. a muslin handkerchief, value 2 s. a lawn half handkerchief, value 6 d. five cotton stockings, value 1 s. and a child's cotton skirt, value 6 d. the property of Samuel Odwell , February 20th .

(There was not any evidence given.)

NOT GUILTY .

WILLIAM BAGNALL and ELISABETH ROSE otherwise BAGNALL were indicted, the first for stealing six silk gowns, value 3 l. a linen gown, value 5 s. two stuff gowns, value 2 s. a callico gown, value 2 s. a silk cloak, value 20 s. two silk petticoats, value 10 s. a russel petticoat, value 2 s. a dimity petticoat, value 18 d. a quilted petticoat, value 6 d. two small pieces of silk, value 2 d. a bed quilt, value 2 s. 6 d. three linen tablecloths, value 9 s. a gauze apron, value 6 d. and a linen apron, value 18 d. the property of Mary James , in the dwelling-house of the said Mary December 31st , and the other for receiving the said two small pieces of silk, and the lawn apron, being parcel of the said goods well knowing them to have been stolen against the statute, &c. March. 18th .

(There was not any evidence given.)

BOTH NOT GUILTY .

[Bagnall: Imprisonment. See summary.]

Reference Number: t17800405-20

178. MARY SMITH was indicted for stealing a quart pewter pot, value 1 s. the property of Andrew Mayor , March 22d .

ANDREW MAYOR sworn.

I lost a pewter quart pot on the 22d of March. I can only speak to the property.

THOMAS CHAPMAN sworn.

I keep a publick-house in Robinhood-court . On the 22d of March, about five o'clock, the prisoner was going by my house. My wife said she suspected she was going to steal some of our pots. I saw her go into a house opposite where there was a pot standing in the passage. She came out, I laid hold of her and said, she had something which was not her own. She said she had not. I opened her cloak and found this quart pot; and in her apron I found another quart pot and a pint pot. I sent for Mr. Mayor, his name was upon this pot.

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

PRISONER's DEFENCE.

Going by I saw the pot stand, and was going to carry it home.

GUILTY of stealing to the value 10 d.

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17800405-21

179. ANN WOOD was indicted for stealing twenty linen caps, value 10 s. a silk bonnet, value 5 s. a woollen cloth cloak, value 10 s. three flat-irons, value 2 s. a tea kettle, value 2 s. a cloth waistcoat, value 3 s. a thread lace handkerchief, value 2 s. a pair of leather stays, value 2 s. a linen gown, value 6 s. and a linen apron, value 2 s. the property of Patrick Bewley , December 18th .

PATRICK BEWLEY sworn.

I lost the things mentioned in the indictment about a week or ten days before Christmas. My wife employed the prisoner to do some work for her. My wife let her sleep in our room; and she got up in the night and robbed her.

Where do you lodge? - In Bishops-court, in the Old Bailey ; we have only one room; she dressed herself in my wife's clothes and left her own.

When did you miss her? - In the morning between five and six o'clock, when I got up to go work. My wife knows what was taken away better than I do.

ANN BEWLEY sworn.

I employed the prisoner to work for me; she lay in our room; when I got up in the morning she was gone, and I missed all the things mentioned in the indictment (repeating them.) I have never found any of them since.

When was she taken up? - About three weeks ago; when she was taken up she denied knowing any thing of me; here are her clothes she left when she went away.

How do you know they were her things? - Patrick Bewley She came dressed in them the day before.

Prisoner. Whether she did not bring Sarah Gahagan to swear against me at Guildhall; and she took her oath she knew nothing of me? - She said she saw her go out with my clothes on her back, and the kettle in her hand.

Did she say that she did not know the prisoner? - I did not hear her say any such thing.

Prisoner. If the constable which took me was here he would tell you the same.

To Bewley. Is the prisoner the person who went away and left her clothes? - Yes; Sarah Gahagan would not come because I could not pay her for being here yesterday.

Sarah Gahagan was called, and not appearing her recognizance was ordered to be estreated.

PRISONER's DEFENCE.

As to what I have laid against me I am innocent of it; I lodged at this gentlewoman's mother's; she is a drunken turbulent woman, though I drink a little sometimes myself; this woman's mother knocked me down in the street. I went to the prosecutrix's house at two o'clock, and asked her to let me in? She did not like to let me in; but at last she did, and bid me not let her husband see me there in the morning. Please to ask them if I did not bring other things to put on instead of those I left?

Prosecutor. She did not.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-22

180. ALEXANDER MACPHERSON was indicted for stealing a canvass bag, value 1 d. and seven guineas, two half-guineas, and eleven shillings, in monies , numbered, the property of Robert Farmer , April 3d .

ROBERT FARMER sworn.

I am a weaver by trade, but follow the news business besides. I gave my son last Monday morning nine pounds within two shillings.

He will give an account of the loss of the money? - Yes.

GEORGE FARMER sworn.

I went to the publishing office of the Public Ledger in Paternoster row about ten minutes before five in the morning. I had nine pounds within a shilling or two in a bag. I paid for the papers I had out of the bag and rolled the bag up and left it on the place where they give out the papers; it is in the entry.

How do you know you left it on that board; you did not intend to leave it there? - No. I did it through mistake.

How do you know you left it on the board? - I remember putting it on the board while I took the papers; I left the bag on the board and went about a hundred or a hundred and fifty yards and then' bethought myself where I had left it.

Did you feel in your pocket? - I felt on the outside but I recollected I had left it on the board. I went back and asked the publisher if he had seen any thing of it. He said no; but that the next man who came, after I was gone, was Alexander Macpherson .

You did not know that yourself? - No.

Did you see the prisoner there at all? - No. I did not see the prisoner.

Was there no-body attending at the place for the papers but you at the time? - No; there was one man went away before me; there were two of us there together; but he was served and went away before I took my money out.

Is there any yard to this place? - It is in the yard; there is no other house in the place.

Did you see any body in the yard when you was coming away? - No: no-body at all.

Was the bag ever found again? - I found it in the prisoner's pocket at another office. When the publisher told me he was the person which came next after me, I went to the Daily Advertiser and there I found the prisoner; he gave me leave to search him; and I found the bag in his left hand coat pocket; there was no money in it.

Was the bag you found in the prisoner's pocket, the bag you carried your money in? - Yes. (The bag was produced by the constable). That is my bag; there was a hole in it; and I got a needle and thread and mended it myself.

Are you sure that is your bag? - Yes; the money that is in it was found upon the prisoner.

JOSEPH PENN sworn.

I am a constable. I was sent for to the Green Dragon to take charge of the prisoner. I searched him, after a deal of trouble, and found the bag in his pocket, he was very turbulent. He said; he would not be searched, and that if any body searched him he would swear a robbery against them. I got three or four men to hold him, and then I searched him by force; he had the bag in his hand in his pocket. I wrenched it out of his hand. I have had it in my possession ever since.

Was any thing in the bag then? - Nothing at all; when I had got the bag, he laid himself almost on the ground and would not submit to be searched any further; the room was full of news-people. I thought, if I took him to the Compter he would be more submissive. I took him and searched him, and found two guineas and a half in gold, and about forty shillings in silver, and a quantity of half-pence, upon him; when I turned the money out, Farmer, the father, pitched upon one sixpence, which he said he could swear to.

George Farmer . When I took the bag out of his pocket he asked to look at it, and snatched it out of my hand and said, he had it before; that it was his. When I knew he had the bag I would not leave him; I followed him as far as the Green Dragon in Fleet-street, before I could get a constable.

How far is the office, where you left the bag, from the office where you found the prisoner? - The one is in Paternoster-row, the other opposite St. Dunstan's church, Fleet-street.

Did you go directly to the other office when you missed the money? - Yes.

After you found he had got the bag was he ever out of your sight? - No, never till I got a constable.

What was the amount of your money in the bag? - Seven guineas, two half-guineas, and about ten or eleven shillings. The

prisoner owned before Mr. Alderman Wooldridge at Guildhall, that he had paid away six guineas to a man in the time I was pursuing him from one office to the other; and that the man was gone into the country.

To Robert Farmer . What money did you give to your young man when you sent him out that morning? - Nine pounds within two or three shillings; I saw him put it in the bag.

Do you know the bag? - Yes; he told me his sister was not in the way on Sunday, and that he mended it himself.

What pieces did the money consist of? - Seven guineas, two half-guineas, and ten or eleven shillings.

You could not know any part of the money? - No; only one sixpence which was very black. I took it of a gentleman for a book. I disputed it. He said it was a very good one, it had only been among some gunpowder. I rubbed it in some sand, and saw it was silver.

Is there any thing you could know that sixpence by? - Its being black.

It does not appear to be blacker than any other? - It may be wore off a little.

Nothing else? - There was a scratch or a crack upon it. I was present at the prisoner's examination; he owned before Mr. Alderman Wooldridge that he had paid away six guineas to a man, who, he said, was gone into the country.

Where did he say he got the bag? - At this office.

Did he acknowledge taking the bag? - Yes.

What words did he use? - He owned having the bag and the money; he was asked what he had done with the money? He, said he had paid away six guineas of it.

To Penn. Was you present at his examination? - Yes. He said he found the bag at the door. The alderman interrogated him; he then denied it. The alderman asked if there was any money in it? He acknowledged that the money was in it; that he paid away six guineas to a man who was gone into the country. The alderman asked what the man's name was? He said, it was no matter what his name was, he was gone into the country. The alderman insisted upon his telling him his name, he then said, he did not know his name himself.

PRISONER's DEFENCE.

I found the bag at the door, where we take the Public Ledger, with the money in it. I paid away six guineas of it; I did not know that it belonged to Farmer.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17800405-23

181. JAMES GRANT was indicted for stealing a cambrick handkerchief, value 5 s. and a cambrick stock, value 3 s. the property of Charles Jacomb , March 25th .

WILLIAM PAYNE sworn.

On last Saturday was se'nnight the prisoner being brought upon some charge before the Lord Mayor, I was ordered to search his box; upon searching his box I found in it a handkerchief and stock (producing them); the prisoner had the key of the box; but before he delivered the key he denied that it was his box. At first he said the handkerchief was his; upon being further questioned he denied it.

CHARLES JACOMB sworn.

The prisoner was servant to my brother. The things that were found are my property. They have my mark upon them; they were kept in a chest of drawers, which were unlocked, in my room.

Cross Examination.

Might not the things have been left about the house? - Yes, they might; I was dressed sometimes above stairs and sometimes below. The prisoner used to carry my things.

JOHN JACOMB sworn.

The prisoner lived with me a few days. I was present when the things were found in the box. He had handkerchiefs as good as my brother's, and things of the same kind.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

- WEEKS sworn.

I am a stock-broker. I have known the prisoner five years; I have heard he has a

good character from his master he lived with in Broad-street. I have heard him speak very well of him. I always heard that he was a very honest worthy fellow. I really believe him to be such.

- SHELLY sworn.

I am a silversmith in the strand. I have known the prisoner near a twelvemonth; I never heard any thing to his disadvantage in my life. He has bought little articles and a brother of his has bought things of a brother of mine.

Prisoner. I have some of the same mark as that handkerchief in my pocket; they are marked I G.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Fine. See summary.]

Reference Number: t17800405-24

182. CHARLES BARLOW was indicted for stealing 600 lb. wt. of lead, value 50 s. the property of the Right Hon. the Earl of Aldborough , and fixed to a dwelling-house, the property of the said Earl of Aldborough , March 23d .

JOHN EDWARDS sworn.

As I was standing at my door with Mrs. Edwards and another gentlewoman, in Stratford-place ; some people came and told me there was a thief at my garret window. I cannot recollect the day, it was about a week or ten days ago. It was at about four or five in the afternoon. I took a loaded pistol with me and went up stairs into the garret, and saw the prisoner standing on a cornice stone close to the garret window; he had dropped down from the top of the house to that place. I intreated him to come in; he refused for a long while; he seemed to have an inclination for jumping down. He said he thought the people would swear his life away, right or wrong. I said if he would come in and could give a good account of himself, nobody should hurt him; he came in and I asked him why he came over the other houses to mine; he said he saw some boys going after some pigeons on the empty houses, and he went up with them. I thought it a lame excuse, and desired the people to come into the garret to help secure him, which we did, and took him before a justice.

THOMAS RUMMING sworn.

Upon the 23d of March, about five in the afternoon, while I was down in one of Lord Aldborough's empty houses, in Stratford-place, there came a quantity of water off the house. It being fine weather, I could not think where the water came from; I looked up, from the well-hole of the stair case, and saw a man peeping over the sky-light; I went up the partition and saw the prisoner lying in the middle of the gutter at the trap-door. I desired one of the men to come up to my assistance. I was on another house; he got on to the other houses. I got into the gutter and saw this lead lie cut, and a rope lying by it; we pursued him to Mr. Edwards's, there he made a dangerous jump, about nine feet, down to a corner stone, by his garret window. Mr. Edwards called me to his assistance. I went up into the garret; the prisoner came in and we secured him. The next morning we examined, and the lead tallied exactly with the place from whence the lead had been cut away; there was a razor fixed in a wooden handle, and a small saw found in the place where it was cut away.

Do you know whose house this was? - Lord Aldborough's.

Of your own knowledge? - Only by what his lordship said.

PRISONER's DEFENCE.

I bought this lead; hearing the next day that some lead had been stolen off this house, I went up to satisfy my curiosity; and while I was there, they cried out

"There was a thief on the top of the house." I keep a broker's shop in Guy's-court, by Stratford-place.

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

GUILTY .

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-25

183, 184. MARY DUNAGE and ANN HILL were indicted for stealing a gold ring, value 4 s. the property of William Edwards , March 25th .

WILLIAM EDWARDS sworn.

I keep a silversmith's shop in Holbourn, opposite Gray's-Inn . On Saturday the 25th of March, between eight and nine, I came in and found the two prisoners in the shop. My young man was just going to shew them a gold ring when I came in.

Is that young man here? - No. I had some suspicion of the prisoners, knowing there were such tricks as changing of rings. When they asked the price of the ring, I took it out of my young man's hand and weighed it myself. I held it to the candle to observe some mark, that I might know it again. I then gave it to Margaret Dunage , and told her the price was six shillings and six-pence. She kept it about half a minute and then went to return it to my young man. She said it would not do. I did not suffer my young man to take it, but took it myself; I held it to the candle, as I had done before, and found that that which she returned me was a brass one gilt; the ring I gave her had the gold stamp, and the maker's name J. K. which are two marks; the one she returned had only one mark, and that a very bad one, a T. or J. K. I do not know which, I have it here.

The ring you have in your hand is the one you received of her? - Yes, it is.

Is it a gold ring? - I was immediately certain it was a metal one. On discovering the ring, I sent for a constable and had her searched, but did not fine my ring. I sealed up this ring, put my name upon it, and delivered it to the constable. Before I sent for the constable, I saw her put her hand to her mouth, and give a kind of struggle, at which time I have reason to believe she swallowed my ring. They said the ring was for the other woman, who was to be married the next day. They were both searched; they had not a shilling between them; there was nothing found upon them.

DUNAGE's DEFENCE.

We went in to buy this ring for Hill. I had sixpence, and was to pawn my own ring to lend her the money to pay for it. The gentleman has my ring now. We went into a pawnbroker's shop before we went into this shop, and he offered to lend me three shillings upon it.

Prosecutor. They had another gold ring, which I believe was mine, but I am not certain of it.

(Hill was not put upon her defence.)

DUNAGE GUILTY of stealing the ring to the value of 10 d . Fined 1 s .

HILL NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-26

183. JOHN CARR was indicted for that he, upon the king's highway in and upon George Worthy , feloniously did make an assault, putting him in corporal fear and danger of his life, and taking from his person a small-jointed cane mounted with silver, value 2 s. and a guinea, a half guinea, and 16 s. in monies, numbered, the property of the said George Worthy , February 17th .

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

GEORGE WORTHY sworn.

On the 17th of February, as Mr. Laurence, his sister and daughter, and Mrs. Hart, Miss Hart and I, were returning in a coach from Hays in Middlesex, we were stopped by two footpads, at Kensington Gravel Pits ; it was near seven o'clock in the evening one came on my side and said your money! your money! The window was up. One of the persons in the coach, I believe Miss Hart, put it down; he opened the door. I gave him my money, I believe there was a guinea and a half in gold, and a guinea's worth of silver, or very near it, and my cane, which was mounted with silver, was taken out of the coach; I had it not in my hand.

What sort of a night was it? - Lightish, so as to see the faces of the men very well.

Was there any moon? - It was not what you may call moon-light, the moon was just rising.

Could you see the face plainly? - I saw the face very plain.

Are you sure the prisoner is the man? - I am not very sure; I think he is the man; I cannot positively swear to him; he is very much like him; he was rather disguised; he had a large great coat on, and a handkerchief about his neck.

What colour was the handkerchief? - A whitish one.

Could you see any thing of his cloaths? - No.

Did you observe any thing of his hair or wig? - No; in giving him my money I

rather dropped it than gave it him. He had a cutlass in his hand, with which he struck me and cut my face. He said is this the way to give your money? and made use of some imprecation; and just then it was that he gave me the cut.

Prisoner. Before Sir John Fielding he said he was very much in liquor.

Did you find your cane or any thing again? - Nothing at all; we were sent for to Justice Welch and saw some canes, they were not ours. I saw another man on the other side of the coach, he is not taken.

He alludes to what you said before Sir John Fielding ? - I said no such thing; my uncle, the other person in the coach, was a little in liquor; I was as sober as I am now.

Cross Examination.

It was at night? - It was.

You say you saw no moon, was it a cloudy night? - It was light.

Was the handkerchief higher than his chin? - The collar of his coat was over his chin, and the handkerchief was under it.

What was the size of the person who robbed you? - About the size of the prisoner.

Did not you say before the justice he was larger? - No.

Court. What is your uncle's name? - Jacob Lawrence .

He was in liquor? - He was rather in liquor.

On which side of the coach did he sit? - He sat facing me on the same side of the coach.

JACOB LAWRENCE sworn.

I went to Hayes on the 17th of February, in company with George Worthy ; I am his uncle. We were stopped a few paces on this side the two mile stone on the other side the Gravel Pits, nearer Lord Holland's Park-pales. I was rather dozing when these fellows came up.

Was there one or two men? - Two men; the man that came on my side had a bludgeon in his hand; he was a stout man; he made a noise at the door, and got it open. I said, what the devil is the matter; what do you want? He demanded my money.

On which side did you sit? - Mrs. Hart, my sister and I, sat facing the horses; Miss Hart, my nephew, and my daughter, facing of us.

What is your sister's name? - Isabella Lawrence.

You was coming towards London? - Yes.

Did you sit on the left hand side, or the right? - The left hand next the door.

Who sat fronting you? - My daughter.

The man that came up had a bludgeon? - Yes, on my side; the man on the other side had a cutlass.

The man that demanded your money and had the bludgeon was not the prisoner? - No. I made a noise at the coachman for not going on, and the fellow with the cutlass d - d my eyes, and blasted my eyes, and said, give me your watches! and he came round to my side to assist the man with the bludgeon.

You scolded the coachman for stopping? - Yes, because we were but five or six yards from the Plough.

On your saying so the other man came round to your side? - Yes. My nephew not giving the money in the manner he liked, the man made a blow at him with the cutlass, and cut his nose; and cut my hat as it lay on my daughter's knee.

Was you near your nephew? - He sat in the middle, between Miss Hart and my daughter, one of them took both my nephew's cane and mine.

Did you perceive the man? - I cannot swear positively to this man.

How long might the man be on your side of the coach? - They were very near half an hour in the whole; the man with the cutlass had my money.

Was you fuddled or sober? - I was not very well, the dinner I did not like.

Was you in liquor at all? - I had drank to be sure.

Was you at all concerned in liquor? - I was a little.

Was you so much concerned in liquor as to affect your memory or understanding? - No. I was very angry at the coachman for stopping.

ESTHER HART sworn.

On Thursday the 17th of February, I was in the coach with Mr. Worthy; we were

stopped about seven o'clock in the evening; it was a very fine night; the moon was just rising. The prisoner was the man who robbed me. I saw his face as clear as I see any person's present.

Who was it who robbed Mr. Worthy? - I cannot say; it was on the opposite side Mr. Worthy was robbed; the prisoner was on my side.

Was the prisoner only on one side or on both sides of the coach? - He was on both sides.

How came he to change sides? - First of all the prisoner came on my side, and with some imprecations demanded my money; his left hand was on the coach door, and his right hand had a cutlass in it.

What had the other man? - I did not see any thing of him; he was not on my side.

You are vere sure the prisoner had a cutlass in his hand? - I am very certain of it, it was in his right hand when he demanded my money. I clapped my hand on his. I said, for God's sake do not do any mischief; what I have got I will give you; and gave him my purse. I desired my daughter to give him her purse, which she did. Mr. Worthy and Mr. Lawrence making some resistance, he went on the other side.

Did you see him do any thing? - No. Mr. Lawrence got up, and being pretty big he could not stand up in the coach; he leaned over that I could not see the man. I heard the prisoner say d - n it, I will have your money!

Was he between the man with the cutlass and Mr. Worthy? - Mr. Worthy sat in the middle and Mr. Lawrence at the coach door; he leaned over his daughter.

That prevented your seeing him? - Yes. Mr. Lawrence put his hand in his pocket and gave him what money he had. Mr. Worthy said, if you will have the money you must have it; he put his hand into his pocket and instead of giving him his money he threw it in; in throwing it, I suppose, some must have fell to the ground, the prisoner said, d - n you, is that the way you give it, and immediately upon that Mr. Worthy received the wound. After he had wounded Mr. Worthy he came round on my side again. Mr. Lawrence's sister had given up her money, but refused to deliver her pocket book.

Your daughter sat opposite you? - Yes, he came round to the coach door and said Madam, I will have your pocket book? She said, you shall not; but (says he) I will; and he opened the door immediately, with the cutlass in his hand. I caught hold of his arm and said, for Christ's sake do not murder us all! He looked at me and I at him. He said, Madam, I will not hurt you, but I will have the lady's pocket book; that was the second time I saw his face. I saw him three times. I am very certain, I have not the least scruple, that he is the man.

You caught hold of his arm who had the cutlass? - Yes.

Did he take the pocket book at last? - He got it, but she had the courage to snatch it out of his hand again. I said, for God's sake give your pocket book, or we shall be murdered. She said, she would not; then he got immediately out of the coach; in struggling to get the pocket book from her he dragged my cloak off, and took it with him; he then shut the door, looked into the coach, and felt in my daughter's lap. I said, we had nothing left, he had taken all the money I had in the world, and I had a full view of him. He shut the cloak in. He came back and opened the door to get the cloak out; and then I had another full view of him.

Did he take the cloak away? - Yes.

You have not a doubt about him? - No.

Prisoner. Did not you say at Sir John Fielding 's that the man was bigger and stouter than me? - I said no such thing; when we went to the Brown Bear, opposite Sir John Fielding 's, I was brought there to see if I knew the prisoner; there was a parcel of men there; one came to me, whom I thought might be a companion of his, and said, Ma'am, do you know the prisoner? I said, I did not; I thought it was time enough when I came before the justice.

Cross Examination.

Was not you very much frightened? - I owe it to the goodness of God that I was

not till I heard Mr. Worthy groan, that frightened me more than the thieves.

Was not the man muffled up? - He had a great coat on, and a blue and white cheque handkerchief pinned a cross his chin.

How was the cape of his coat? - The coat he had on was a chocolate coloured surtout coat.

It had a cape? - I believe it had, I cannot be sure of that.

The blue and white handkerchief was over his mouth? - Yes; the second time it had slipped down and I had a full view of his face.

Who was robbed first? - I was robbed first.

Who was robbed next? - I believe, my daughter.

Who next? - I believe Mr. Lawrence, and I believe Mr. Worthy immediately after.

Court. This took up some time? - I look upon it to be, as near as I am capable of judging, twenty minutes, or rather more.

Counsel for the Prisoner. Do you remember any body riding by on horseback? - I do; a man rode by, the coachman spoke to him, and told him he had been robbed.

Had any body said any thing to the coachman, blaming him for stopping? - Mr. Lawrence made a deal of fuss with the coachman, and was angry he did not drive on.

Miss ESTHER HART sworn.

Do you remember the robbery on the 17th of February? - Yes.

Did you see any of the persons concerned whom you should know again? - Yes, the prisoner.

Are you sure it was him? - Yes.

Which side of the coach did he come on first? - That side I sat on first.

Who sat opposite you? - My mama.

Who did he rob first? - My mama.

Did you give your money of your own accord, or did any body bid you? - He asked me for it and I gave it him; directly after he had robbed me, he went round to the other side of the coach, because the gentlemen were making some resistance.

You mean Mr. Lawrence and Mr. Worthy, I suppose? - Yes.

Did they refuse to give him some money, or what noise did they make? - Mr. Lawrence was making a noise at the coachman. I do not know that Mr. Worthy refused to give him his money.

Did you observe him fully the first time, or what did you observe of him? - I saw him fully the first time, but I saw him very plain the second time; he stayed a long while the second time.

Did you see any body else robbed? - My mama.

Did you see Mr. Worthy robbed? - I saw Mr. Worthy give his money; as he gave it, some of it dropped to the ground.

What was done in consequence of that? The prisoner swore and said, is that the way you give your money? and immediately wounded Mr. Worthy with a cutlass. While the highwaymen were talking a watch was tossed into my lap, which I concealed; he came round to the door again, and felt in my lap, and felt under my apron, and in my pocket.

Had you an opportunity of seeing him then? - Very plain. He put the cutlass into the coach, on our side, and cut my gloves through.

He did not get into the coach, did he? - He put his foot on one of the steps.

What did he say to Mrs. Lawrence and she to him? - He said, he would have her pocket book. She said he should not have it. He did not get the pocket book at last; and he snatched my mama's cloak, which lay some how in her lap.

That was in the scuffle? - It was the second time he came to our side.

What became of the cloak then, did he take it in his hand? - He took it and shut the door again, and took the cloak out.

You saw his face again at that time? - Yes, I did.

Have you any doubt in the world about the person? - No.

Cross Examination.

Was not you very much frightened? - No, I was very little frightened.

Did not your being frightened prevent your power of judging? - No, it took more effect on me afterwards than it did then.

Was not the man muffled up? - He had a handkerchief round his chin; when he came the second time that was off.

Had he a hat on? - Yes.

Did not that prevent your seeing his face? - No.

Had he a great coat on? - Yes, a surtout coat.

You do not know whether had a cape or not? - I believe there are few coats without.

Mrs. ANN LAWRENCE sworn.

You was in the coach with the other people on the 17th of February? - Yes.

Was it light enough for you to see the person? - Yes it was light enough to see him; I did see him but only once. I believe him to be the man. I looked him full in the face when he took the pocketbook out of my pocket and pincase, that was the only time I saw him. He was of a thin face, and a swarthy complexion. I believe the prisoner to be the man.

You saw his cutlass? - Yes.

Miss ISABELLA LAWRENCE sworn.

Was you in the coach with your mother? - Yes.

Did you take notice of the person who took your mother's pocket-book away? - Yes, to the best of my recollection, the prisoner is the man.

Had you an opportunity of seeing his face? - Yes, I had a full view of him. I cannot positively say he is the man, but from his features and his stature I believe he is the man.

Prisoner. I was at my lodgings at Ealing that day. Would it not have been very proper for the coachman to attend as well as at the office. He declared I was not one of the men. I have subpoena'd him; his name is Samuel Downs ; I do not know whether he is here.

Mr. Worthy. The coachman was committed at Sir John Fielding 's; they thought he was an accomplice. I engaged the coach the night before. The coachman who drove the coach was present when I hired it. The coachman got off his coach-box, and stood by the men while they committed the robbery.

PRISONER's DEFENCE.

The time this robbery was committed I was incapable of committing such a robbery. On the Wednesday evening I had a terrible head-ach; I was never out of the house but to get a pitcher of water. I was not out till Saturday morning, when the officers came to apprehend me.

For the Prisoner.

SAMUEL FRANCIS sworn.

I am a hair-dresser at Ealing.

Did you happen to be going by on horseback at the time of this robbery? - Yes. I had been to May-fair, and was returning about eight o'clock in the evening; about an hundred yards on the other side of the turnpike, I heard the cry of thieves and murther! I rode up to the coach, the coachman said he had been robbed; and described the man to me. He asked me to lend him my horse to pursue them; I refused to let him have it because I thought it would be dangerous to pursue them, as they were armed. The coach was standing still where it had been robbed. I had not gone above an hundred yards before I overtook two men, whom I supposed to be the men; they did not molest me. It was a light night. I am positive they must be the men; one was taller than the prisoner, and the other about my size. I particularly remarked the size of the men. They thought I was in pursuit of them, and got out of the footway into a meadow, to make their escape. I am positive the prisoner was not either of those men.

Court. You was not afraid of being robbed? - No, I was not.

What time did you go out of London? - About a quarter before eight o'clock. I am positive it was eight o'clock before the coach was robbed.

MARY WEIGIN sworn.

Where do you live? - At Great Ealing in Middlesex. The prisoner lodged with me six weeks and two days.

When did he come to lodge with you? - The week after Christmas week.

Did he lodge with you in February? - Yes.

Do you remember this day? - Yes, the 17th of February, the day they accuse him with it.

He lodged at your house on the 17th of February? - Yes, on the 17th of February he was ill.

What day of the week was the 17th of February? - Thursday.

Was the prisoner at home that afternoon or abroad? - He was at home.

When did you first see him on the evening of that day? - About five o'clock, to the best of my knowledge; he was at home till the 19th, the day he was taken up; he only went out in that time for a pitcher of water to a well across the way.

You saw him at home from five till what time? - Nine at night.

He only went out to get a pitcher of water? - Yes.

How came you to remember it was the 17th of February? - By several things. I went out on a particular business for one of my lodgers. I am not bound to tell that business. I went and searched the apothecary's book, to know the day when I had a medicine. I went for the medicine on the 15th, I had it not till the 17th; it was sent by mistake to 'Squire Penn's, and kept two days there.

Court. Did you ever ask the apothecary before what day of the month it was when you had a medicine? - No. I went to enquire, to be punctual to my oath.

What is the apothecary's name? - Dr. Egerton.

Who was it told you the day of the month? - His servant.

What is the servant's name? - I do not know; I know the person I fetched it for. I went to Mr. Carr twice, and spoke to him between seven and eight at night, and I asked him for a saucepan to get some supper for my other lodger; he said it was dirty.

You did not pay for the things at the apothecary's? - No.

JOHN WILMOT sworn.

I lodge with Mrs. Weigen.

Do you know the prisoner? - Yes, he lodged there.

Did you see him there on the 17th of February? - Yes, in the evening about a quarter after six; he came down to light a candle with me at seven in the evening, and went up into his own room.

Did he remain in his own room after that? - Yes.

How came you to recollect the day of the month? - My landlady went out of an errand, in the time while she was gone Carr came down and lighted a candle with me.

She goes out every day I suppose? - No, she went out on some particular business; she went to the doctor's for some medicines for me.

Court. Does the doctor know you? - Yes.

What are you? - A bricklayer.

Has he known you any time? - Yes.

Who was it told you it was the 17th of February? - I know it was the 17th, it is down in the doctor's book.

Do you know it any other way? - Yes. I looked in the almanack that very night, and I know it was the 17th.

Why did you look in the almanack that night? - Because I had some business to set down.

Do you look in the almanack every night? - No.

What day of the month is to-day? - The 8th of April I reckon. [It was the 6th.]

You take particular notice of the days I see? - I am not very positive, I have not looked at the almanack to-day.

I wonder you do not remember when the 1st of April was? - It was on Saturday.

Did the woman pay for what she had at the apothecary's - No.

In whose name was it put down? - In my name.

Who went to search the doctor's books? - The mistress of the house where I lodge.

To Mary Weigen . Did not you say it was the 15th you went to the apothecary's? - Yes. They were sent to 'Squire Penn's; they staid there two days. They were dated the 15th; I had them the 17th.

On the 15th you went for them? - The 15th I went for them; they did not send them. I went again on the 17th for them.

Is the apothecary's man here? - No.

ELISABETH CORNISH sworn.

I have known the prisoner five years. I knew him at Richmond; he always bore a good character for what I know. I did not come as a witness, I came accidentally to hear the trials, and know the young man at the bar. The prisoner is an honest worthy man.

To Mary Weigen . What is the prisoner's business? - They told me he was a stonemason , that the weather being very hard, he could not work; and that other men staid at home nine weeks at the same time.

He was not ill at the same time? - No.

To Mrs. Hart. Was you before the justice of peace? - Yes.

Did he before the justice say where he was that night? - He said he was at home all that day and all that night. The second time he said he was not out all that day, nor night, nor the next day.

GUILTY ( Death .)

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

Reference Number: t17800405-27

184. DAVID DAVIS was indicted for stealing four pieces of printed linen cloth, containing 26 yards, value 3 l. and another piece of printed cotton, containing seven yards, value 30 s. the property of John Hooper , March the 14th .

JOHN HOOPER sworn.

I am a linendraper in Ludgate-street . I lost four pieces of printed linen. On Tuesday the 14th of March a person wanted a dozen of callico shirts. I got some for him to look at. The person who brought them was to call at five o'clock to know whether they would do. At five the person called, and when he came to take them away, instead of twenty-two shirts which there should have been, there was only twenty-one. We were at tea when the man called at five, the apprentice was rung down; he came up and said there was a shirt short. I spoke to the prisoner, and said, Mr. Davis, why do not you go down and see about the shirt, you know more about it than the apprentice does. The prisoner had lived a shopman with me six years and an half. I thought he went down rather reluctantly, which gave me a suspicion, that he had the shirt. He had been sent out with them to know if they would do. The apprentice and he returned in a very short time, and said the man would call again in a quarter of an hour. I having had suspicion of the prisoner since Christmas, by his buying many things, gold watches and rings, and elegant knee buckles; and many circumstances leading me to suspect him. I thought he had got the shirt. I went down to the end of the counter, where he always keeps his things, with an intention of looking for the shirt. The shutters do not come quite to the end, there is a flap lifts up, and there he has kept his hat, and things, as he lies at the top of the house, that he might not have occasion to go to the top of the house for every thing. I saw there his great coat, it was very heavy; I looked into the flap of his pocket, and there I saw a piece of printed linen. I was surprised; I put the counter down and sent word up, I should not have any more tea. I went to Sir John Fielding 's for advice; they wanted me to take him up immediately; I said as he was the only shopman I had it would breed confusion, I would not take him up till the shop was shut. The prisoner did not take out his great coat in the evening, when he went out between six and seven o'clock. The constable followed him and laid hold of him in St. Paul's church-yard. The prisoner asked by what authority he took hold of him; I said if you will walk with me, Mr. Davis, I will show you by what authority. I went back with him. I said I believe that is your great coat Mr. Davis, he said it was.

Then instead of one piece the constable pulled two pieces out of each pocket. The prisoner had been at his pocket after I had seen the piece, I am sure; for I saw the piece very perfectly; but when the constable came his pocket was pinned up quite close with strong pins, so that he must have been at his pocket after I first saw it.

It was not so when you saw it first? - No, it could not be so then. I had no suspicion when I first saw his coat of any printed linen being there. I was looking for the shirt. I said, Good God! Mr. Davis, what could induce you to do this? He said it was for want of money, and he hoped I should forgive him; that it was the first time.

Did you find any thing of the shirts? - They proved right; the man had brought but twenty-one; he had left a sample shirt at another place. In consequence of this letter, I found a piece of cotton, which is in the indictment.

Court. What is the letter? - I received it by the penny-post, from whom I do not know. In consequence of that letter, I went to Mr. Dyson's, who lives in Cateaton-street, and enquired about his maid; Mr. Dyson gave his maid a good character; she had lived with him five years; she is cousin to the prisoner. She showed me a gown she had bought of the prisoner; I said if she would give me the gown I would not take her up. The gown cost me four shillings and sixpence a yard; she said he sold it to her for half a crown a yard.

Cross Examination.

This man had lived with you six years and a half as shopman? - Yes.

He had had great trust reposed in him by you? - Yes.

I believe so much as to sell for you without your knowledge, or keeping an account of what he sold on your account? - Never in his life.

I understand he recommended many customers to you? - That I know nothing of; he never was empowered in any thing else.

What time in the afternoon was it when you saw this great coat? - About five o'clock.

Was he present at that time? - He was up at tea.

Had he any knowledge or suspicion of your having looked at his great coat? - No, I do not believe he had; for if he had I dare say instead of pinning it up he would have taken it out. I was rather agitated, and walked backwards and forwards in the shop; I dare say I did not behave in my customary manner, which made me suppose he rather suspected he was detected.

How came you to let him go out of the shop? - I said to Sir John Fielding , I was in hopes he would have taken them out with him; I wanted to know where he took them to.

You wanted the offence made more complete than you thought it was? - I was told at Sir John Fielding 's that the felony was completed.

He went out that night without being detained or stopped? - As far as St. Paul's church-yard, before he was stopped; my reason for not having him stopped in the shop was because I thought we might make a discovery of where he took the things to, not in order to make the case more complete.

Prisoner. The first time he is pleased to say I confessed, the very expression I made use of was, that I never had defrauded him, nor ever intended it. If I had any elegant knee-buckles, where are they? I do not want to have things aggravated. And as for the watch I have had it many years.

Counsel. You said you was led to suspect him for having bought gold watches? - A gold watch.

Then the gold watches sink into one gold watch? - If I said any otherwise, I did not mean it, I meant but one.

What was the value of this gold watch? - Six pounds I understand.

Then this charge is of having bought one gold watch of the value of six pounds; that is the fact is it? - What led me to suspect him was his dress, knowing that his wages would not afford any such thing.

Then those gold watches are brought to one gold watch of the price of six pounds? - Six pounds.

Mr. Davis wants to know what is become of the things? - Here is a list of what I delivered to a friend of Mr. Davis.

Prisoner. In that list they are called eight gold ring.

Counsel for the Prisoner. I do not know that it is worth your while Mr. Davis to correct any eagerness of Mr. Hooper's.

Hooper. There is no improper eagerness. These things I delivered to a friend of Mr. Davis, since he has been in custody.

PERCIVAL PHILLIPS sworn.

I have here four pieces of linen, which I had out of this great coat pocket. The prisoner owned it was his great coat. I stopped the prisoner in St. Paul's church-yard, and brought him back to the shop. Mr. Hooper went to the counter and said to the prisoner, is this your great coat? he said yes. The pocket was pinned up; I opened it, and found these four pieces of cloth. Mr. Hooper said, how could you serve me in the manner you have done, or something like that. He made answer, Sir, it is the first time, I hope you will forgive me, I did not mean to defraud you of them.

Prosecutor. (Looks at the pieces). There is my private mark upon each of the four pieces. I am sure they are mine.

Phillips. I said you have no objection to have your box searched? He said no; and that he did it through want of money. Mr. Hooper made answer, How can that be, because when you have asked me, I always relieved you.

Counsel for the Prisoner. Was his box searched? - It was.

Was any thing found in it that belonged to his master? - There was nothing at all in it, neither shirts nor any thing else. I never saw a box so empty in my life.

Mr. WILLIAMS sworn.

I had this cotton from a mantua-maker, Mrs. Harewell, I think, her name is.

Is she here? - I believe not. I got it of her by the direction of Elisabeth Jones .

ELISABETH JONES sworn.

Who do you live with? - I live with Mr. Dyson, No. 14, Cateaton-street.

Do you know any thing of that cotton? - I bought a gown of Mr. Davis; it was something like this, but I cannot swear to this, it has been out of my possession some time. I have no particular mark upon it.

How came it out of your possession? - I sent it to the mantua-maker's, and from thence Mr. Hooper had it.

What is your mantua-maker's name? - Harewell.

Is Mr. Davis any relation of your's? - Yes, a first-cousin.

What quantity did you send the mantua-maker? - I do not know whether it was six yards and three-quarters, or seven yards.

Have you measured it since it came from Mrs. Harewell's? - I have not seen it since till now.

To Williams. Have you measured it? - No.

To Jones. What do you believe whether it is or not the same? - It was something like this.

Is it or not the same? - It is very like it.

Do you believe it is or it is not? - I cannot say that I believe it is not.

Then you believe it is? - It is very like it.

To the Prosecutor. How comes Mrs. Harewell not to be here? - Mrs. Jones gave me a written order to Mrs. Harewell to deliver her gown, and this is the gown she delivered up as her's.

(It was measured in court and turned out to be six yards and three quarters.)

Prosecutor. (Looks at it). Here is my private mark upon it 71, which signifies four shillings and sixpence.

You can venture to say it is your's? - Yes it is.

To Elisabeth Jones . What did you give for it? - Half a crown a yard.

To Hooper. What is the value of it? - It cost me four shillings and sixpence.

Counsel for the Prisoner. Is there any entry made in your books respecting the sale of that? - I have looked very carefully, there are several entries of seven yards of cotton at half a crown a yard.

Have you compared those entries with the pieces in your shop, to see whether they correspond and agree? - It is impossible.

Then you cannot take upon you to say whether this has or not been sold in a fair

way of trade at your shop? - Mrs. Jones acknowledged she bought it of the prisoner at her own house.

But independent of that acknowledgement you have no reason to say whether that has or has not been sold in a fair course of trade in your shop? - It has never been sold in my shop, I am sure, for half a crown, what cost me four shillings and sixpence.

But whether it has not been sold in the course of trade in your shop? - I can only swear it is my property, and I have received it in the manner you have heard.

Prisoner. It was entered in the day book where all other things are.

Counsel for the Prisoner. You have not got that book here? - No.

But there are entries in your book of that sort? - We make it a rule every thing we sell if it is only a nail of a yard, to put down what it cost and what we sell it for. It was taken I understand to Mrs. Jones's of an evening; if it had been sold it must have been entered the last thing of an evening or first of a morning. He never went out with it to her master's house to my knowledge.

Court. Have you any reason to imagine that any of the entries in your shop-book at two shillings and sixpence a yard could mean this linen? - I have no reason to suppose it. I have looked carefully to see if there was any thing entered of the kind the last thing at night, or first in the morning.

Prisoner. Things that are remnants are sold for no profit.

Hooper. Seven yards is not a remnant; it is a common quantity for a gown.

But when it is all that is left of a piece and an old pattern, if the pattern is out of fashion, you sell under prime cost to get it off? - I do not know that I ever lost sixpence a yard by any pattern in my life, and this is a very good pattern.

From the Prisoner to Jones. Whether this was sold in the day time or at night? - It was brought to me between the hours of twelve and three in the day I know.

What day of the month? - I cannot tell.

Sunday or working day? - A working day.

AMBROSE ROLLS sworn.

I am apprentice to Mr. Hooper.

Do you know any thing of this pattern being at any time sold publickly in your shop? - I do not.

Do you know the value of the cotton? - By the private mark of the shop it cost Mr. Hooper four shillings and sixpence.

There are seven yards of it, should you have sold that as a remnant? - Not for the price it was sold for.

Do you reckon seven yards a remnant? - No; that is the size for a gown; we do not call it a remnant unless it is under that. It is a new pattern. When we have new patterns come, we cut off seven yards and put in the window, therefore it cannot be called a remnant.

Court. Is it a new or old pattern? - Rather an old pattern.

Cross Examination.

Whether that was or not sold in the shop you know nothing about? - Not to my knowledge.

You say it cost your master four shillings and sixpence a yard, pray how much discount per cent is there? - Five per cent. and ten months credit.

Not more than that? - No.

PRISONER's DEFENCE.

My character and reputation in life and my family, till this unhappy affair, have been unimpeached and unspotted. My prosecutor is very conscious that through my connections he has taken hundreds of pounds; and they are people of character and reputation; some are present in court, and there are many more. I hope that will be sufficient. I labour not with guilt, but under the utmost grief and anxiety of mind for my loss of reputation, which is dearer to me than life itself, and I trust to your humanity to shew some pity upon your unhappy prisoner. I refer the rest, under my present anxiety of mind to my counsel.

For the Prisoner.

Mr. THOMAS THORPE sworn.

How long have you known Mr. Davis?

- I have known the prisoner about eight years.

He has lived six years and a half of that time I understand with Mr. Hooper? - He has.

What has been his reputation and character? - He lived with my brother in Cheapside two years, before he went to Mr. Hooper. I had the highest opinion of him, and have never had any reason to alter that opinion.

- LONG sworn.

I have known the prisoner about nine years. He has a very good character; I never heard any thing to the contrary in my life.

Prisoner. Whether Mr. Hooper has not taken through Mr. Long's recommendation and our family some hundred pounds?

Long. I have heard my mother and sister say, whom I recommended there, that by his civility I gained many customers; and many people went there through Mr. Davis's attention to his master's concerns.

- BIRD sworn.

I have known Mr. Davis, eight or nine years. As far as I know him myself, and have heard of others, he has been highly respected and esteemed by every one who I know who knew him till this unfortunate affair turned out.

THOMAS PEERS sworn.

I have known the prisoner about twelve or fourteen years. Indeed I believe I knew him in the country before he came to London; I knew his friends there. I have known him about twelve years in London. He always bore a good character as far as ever I heard; he was generally respected by all who knew him.

I believe you and your friends were through his recommendation brought to deal with Mr. Hooper? - Yes; we dealt with the shop Mr. Davis lived at before he went to Mr. Hooper's, and we dealt with Mr. Hooper when he went to live with him.

- BROOKSBANK sworn.

I knew Mr. Davis before he went to Mr. Hooper's. He lodged with me near three months, that was the first knowledge I had of him.

Have you continued to know him from that time? - Yes. At times he has called at my house; and if I had gold untold, I should have trusted him with it, and not suspected any thing. Nothing surprised me more than that he should be taken up for this.

- VAUGHAN sworn.

I have had a knowledge of Mr. Davis about seven or eight years. The character I had of him from his acquaintance was a good one. I have not for my own part been particularly acquainted with him myself.

PATRICK CAWDRON sworn.

He lived with me before he went to Mr. Hooper.

And you have continued to know him ever since? - Yes.

And his character was a good one? - It was.

Prisoner. The watch which is valued so high, I bought when I lived with Mr. Cawdron, it is an old French watch, I do not suppose the gold of it is worth two guineas.

GUILTY .

Tried by the London Jury before Mr. Justice NARES.

[Imprisonment. See summary.]

Reference Number: t17800405-28

185. MARY the wife of William ELLIS was indicted for stealing two guineas, in monies, numbered , the property of Thomas Freeman , March 23d .

THOMAS FREEMAN sworn.

I am a coachman . On the 23d of March, as I was coming by the end of Gray's-Inn-lane , the prisoner, who was alone laid hold of my arm. She walked with me a little way; she asked me to give her something to drink; as it was cold I consented to that in order to get rid of her. She took me down a place to a house; I said this is not a publick-house; and as I was turning back she came close up to me, and I felt something at my pocket; I immediately caught hold of her arm and said you have robbed me. She blasted my eyes. I brought her out and searched her hand, but could not find it. I met Jones the constable, and gave him charge

of her, and we took her to the watch-house and searched her, but found no money upon her. Jones and Jefferys went to the place where she robbed me, and one picked up one of the guineas, and the other the other.

Did any familiarities pass between you? - No; only she began squeezing me.

Might it not drop out? - No; I had more in my pocket.

JOHN JONES sworn.

About three quarters of an hour after the prosecutor gave me charge of the prisoner, I went with him and Jefferys to the place; I picked up one guinea and Jefferys the other.

PRISONER's DEFENCE.

I told the prosecutor where Mr. Jones lived, upon which he laid hold of me as if I was the woman. I never saw the gentleman before he took me.

NOT GUILTY .

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

Reference Number: t17800405-29

186, 187. JOHN WELDON otherwise LAMBETH and WILLIAM EDWARDS were indicted for that they in the king's highway, in and upon James Gibson feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 20 s. and 3 s. in monies, numbered, the property of the said James Gibson , March the 9th .

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

JAMES GIBSON sworn.

I was robbed on the 9th of March, a little on this side of Gunnersbury-lane , at about a quarter before nine o'clock. There were six of us in the coach; my wife, my brother, Thomas Gibson and his wife, Mr. Julion, and Mr. Samuel Silver , who is now at Margate. When the coach was stopped the glasses were both up. There was a tap at the glass on the left side with a pistol. Mr. Silver, who sat next to that window, let down the glass; immediately another came up with a pistol to the other window; my wife sat at that window.

Who sat on the left side opposite Mr. Silver? - Mr. Julion; my brother sat in the middle. The two Mrs. Gibsons sat on that side; my brother and I sat in the middle.

Are the ladies here? - No. My wife is pregnant; she has never been well since. They neither of them could swear to the prisoners. I let down the other window, and said, Gentlemen, there are two ladies in the coach, one with child, I hope you will not behave rudely; you shall have our money. The man who was next to my wife said, I will not do the ladies any ill for the world.

What sort of a night was it? - There was very little moon, but it was a very clear night; the new moon was the 6th I believe.

Was it so light you could distinguish one person from another, to know them? - We could see their clothes, they had both white handkerchiefs over the lower part of their faces. The man on the right-hand side was the shortest of the men. After he said he would not use the ladies ill, he added, but your money I must have. He put a pistol into the coach all the time my wife gave him her purse. I gave my money to the man on the left-hand side. He took three guineas and a half and some silver out of my wife's purse and threw the purse into the coach again. The taller man of the two had coloured clothes; he held a pistol at different times to every one in the coach he could reach. He held it to my breast, and said, Sir, your money, or this shall be your end directly, quick, quick! or words to that effect. He repeated it several times. I gave him some silver and my watch; it was a remarkably small watch, in a chased case. I have never positively sworn to either of the prisoners. The tallest one (Weldon) to the best of my recollection, is the man. The shortest I have not so much knowledge of. The only reason I have to believe him to be the man was his behaviour, the colour of his clothes, and his voice. He attempted to speak in a feigned voice; but, speaking several times, he could not help speaking in his natural voice. I did not observe

the features of his face, therefore I cannot take upon me positively to swear to him. I am less certain to the other. At Sir John Fielding 's I had a strong impression on my mind respecting the men; several other men were brought up; I said they were not the men who robbed us. When the prisoners were brought up I said I believed they were the men. Weldon had on a cocked hat and the same coloured clothes he has on now, but not the same buttons.

Did you ever find your watch again? - No.

THOMAS GIBSON sworn.

I was in the coach at the time of this robbery. After the coach stopped there was a tap at the window; Mr. Silver let it down. After the window was let down, another person came to the other side of the coach; my brother said, Gentlemen, there are ladies in the coach, I hope you will be careful, as one is with child. The man on my righthand said, Upon my honour I do not mean to hurt the ladies, or words to that effect. The man on the left side seemed to smother his natural voice, and said, D - n you, your money, quick, quick, or this shall be your end! I gave some halfpence to the one on the left hand side; he said, What is this you have given me it is halfpence, it will not do for me, and threw it into the highway. My wife gave the man on the right side, her purse, with three guineas and a half and some silver; he took the money out and threw the purse into the coach again. I saw my brother give his watch to the man on the left-hand side.

Was it a light night? - There was a little moon, it was a light night; I could observe the shape of their persons and their clothes. The man on the left-hand side had a surtout coat on, and a coat under it with large metal buttons. Upon the first sight of Weldon, at Sir John Fielding 's, I said to the gentlemen, I really believe that to be one of the men; the other I was not so positive to. Weldon I believe was the man who came on the left side of the coach, and behaved so rudely. I do not mean that I can swear positively to him. I leaned forwards and had a view of the profile of his face. I thought I could almost swear to his face; and from his voice, which is another circumstance, I believe he is the man. But I cannot swear positively to his person.

PAUL EURELIUS JULION sworn.

I was in the coach at the time of the robbery.

Whether from the light there then was and the opportunity you had of observing the men who committed the robbery, you can swear to either of the persons? - No, I cannot; I never endeavoured to look at them. I thought when I heard Weldon speak before the justice, that there was a similarity in the voice, that is the only circumstance that I have to think he was the person.

MOSES MORANT sworn.

I was at the apprehending of the prisoners, on the 17th of March. We burst into the room where they lay. Philips and M'Manus secured Edwards; then we went into another room and secured Weldon. We found a pistol and two hangers in the lodging.

WELDON's DEFENCE.

Those things they found were given to me by a man who was going to sea. I never carried them out of the house.

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

JOHN WELDON and WILLIAM EDWARDS were indicted for that they in the king's highway, in and upon Paul Eurelius Julion , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 3 s. in monies, numbered, the property of the said Paul , March 9th .

(There was not any evidence given upon this indictment.)

BOTH NOT GUILTY .

JOHN WELDON and WILLIAM EDWARDS were indicted for that they in the king's highway, in and upon Thomas Gibson , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 18 d. halfpenny, in monies, numbered, the property of the said Thomas , March 9th.

(There was not any evidence given upon this indictment.)

BOTH NOT GUILTY .

Reference Number: t17800405-30

188. WILLIAM CHAPMAN was indicted for stealing five trusses of clover, value 5 s. five trusses of hay, value 5 s. two trusses of straw, value 10 d. and a peck of beans, value 6 d. the property of Joseph Bolden , January 28th .

JOHN STEVENS sworn.

I am a constable. On the 29th of January, I had a warrant from Mr. Joseph Bolden to take the prisoner. He was gone off, and I could not meet with him till the 19th of March, then I took him at a publick-house in Acton; I told him I had a warrant against him for robbing Mr. Bolden of some trusses of clover hay; he said, I did do it to my sorrow, let me drink my beer and I will go along with you. I took him to my house; I sent to Mr. Bolden to let him know I had taken the prisoner. I then asked the prisoner what he had robbed his master of, and bid him tell me the truth; he said he would cut his arm off rather than not tell the truth. He said, He had robbed him of ten trusses of hay, three of them of the best clover, two trusses of barley straw, and a peck and a half of beans. He said he sold them to George Rawlins , who keeps a publick-house opposite Mr. Bolden's farm, for nine-pence a truss; he said he had some of it in money and some in liquor.

Cross Examination.

You kept him at your house till the 30th I believe? - Yes.

What time did he make this confession? - I took him about eleven o'clock; I believe this was between twelve and one.

Did not you say something to induce him to make this confession? - Yes, I told him it would be better for him in the other part of the other world.

Court. Did you promise him he should not be prosecuted if he confessed? - No; I said it would be better for him when he departs this life.

JOSEPH BOLDEN sworn.

I am a farmer in the Brentford road. On the 28th of January I lost the trusses of hay mentioned in the indictment. George Rawlins , on whose premisses they were found, brought them back the next morning, in consequence of some conversation which had passed between him and the prisoner the morning the hay was missing.

PRISONER's DEFENCE.

I know nothing of it.

GUILTY .

Tried by the First Middlesex Jury before RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-31

198. THOMAS LEE was indicted for stealing two deal boards, value 2 s. the property of Joseph East , March 9th .

JOSEPH EAST Sworn.

I am a carpenter . The prisoner worked for me. On the 9th of March I think it was, between six and seven in the morning, my boy came up to me and informed me that the prisoner wanted him to go of an errand for him, and that he had some suspicion of him. I got up and looked out at the window and saw the prisoner go out into the middle of the highway and watch the boy out of sight, and then go in and come out again with two deals on his shoulder. I went down without my shoes. There was a constable opening a shop just by; I called to him, and he secured the prisoner. The prisoner owned they were my deals, but said he had asked my leave to take them; to the best of my knowledge he had not.

PETER MUSHROW sworn.

I am apprentice to Mr. East, in Red-lion-street, Whitechapel . The prisoner asked me that morning to go to the Three Kings or Three Queens, in Whitechapel, to know

when the Upminster stage went out; I said I supposed he meant the Three Nuns, as I did not know of any such sign as the Three Kings. He asked me if my master was asleep; I said I did not know. I thought the prisoner had some bad design. I went up and came down, and told him my master was asleep. I then pulled off my shoes, and told my mistress, and she waked my master. I then went to the Three Nuns and they informed me the coach went from the Saracen's Head, Aldgate.

PRISONER's DEFENCE.

I asked my master on the Saturday to let me have two deals to do a job for myself. He went out of town on Monday. He came home on Wednesday, and asked me if I had had the deals; I told him I had not. He said I might have them when I pleased. I was doing the work for one Mr. Allen, a grocer.

(The prisoner called one witness, who gave him a good character.)

GUILTY .

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

[Imprisonment. See summary.]

Reference Number: t17800405-32

190, 191. JAMES HARLEY and FRANCIS THOMPSON were indicted for that they, in a certain field and open place, near the king's highway, in and upon Joseph White , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea and 7 s. in monies numbered, the property of the said Joseph , April 1st .

JOSEPH WHITE Sworn.

I work at the water-mills at Stratford. On Saturday night last, between seven and eight o'clock, I was going from Mile-end road to Stepney , in the fields just before I came into Stepney, I met three men; I asked if the clock had struck eight, they said they could not tell. They passed me about an hundred yards, and then came back and asked me if I had any money; I told them I had a little. Thompson came up and presented something to me like a pistol, and said, If I stirred or resisted he would blow my brains out. The others put their hands into my breeches pocket and took out a guinea and seven shillings and three-pence. I asked them to give me a shilling again, as I had no money in the world; the tall one (Thompson) bid the other give it me; the short one said, Did I resist? if I resisted they would kill me and throw me in the ditch! One came up to me with something in his hand; I thought he was going to kill me, upon which the woman who was with me said, you have got his money, save his life. They then went away, and we went to the Ship at Stepney, and asked if there was any body there to go after them; they advised me to go to Justice Sherwood's, which I did; I got there about eight o'clock; they were busy and could not go after them just then. We did not go after them till near nine o'clock. We took two of them going out of the fields into Mile-end road, about half a mile from the place where they robbed me. There was a skirmish; one of them flashed his pistol and the other two got away.

Have you any reason to know the people who robbed you? - Yes. When I passed them and asked what was o'clock, I had a suspicion of them, and looked particularly at them; I looked at them as they came back to me. Thompson had a brownish coat, a flapped hat, and a black handkerchief. The other prisoner was dressed just the same, only his hat was turned up and he had a yellow and red handkerchief.

If you had not taken them that night, but seen them separate two or three days after should you have known them? - Yes, I should. They all spoke during the robbery.

You had never seen either of the prisoners before? - No. I was going with a young woman, to see her safe to her mother's at Stepney, because she was belated; she had been with me at my brother's at White-chapel.

ELISABETH WOOLLARD sworn.

I live at Woodford-bridge. I came up to buy some things for my aunt. I was too late for the carriage; I called at Mr. James

White's in Whitechapel; the prosecutor went with me, to see me safe to my mother's who is nursing at Stepney.

Was you acquainted with the prosecutor? - I had lived servant with his brother. In the field we met three men, two short ones and a tall one; the tall one had a black coat and a black handkerchief; the other had a yellow and white handkerchief. We asked them what o'clock it was? They went past, and then came back to the young man, and asked if he had any money? He said a little. The tall one put a pistol to his head, and said if he stirred he would blow his brains out, and the two short ones put their hands in his pockets, and took his money out. One of the short ones had the guineas and halfpence, and the other the silver. I saw it in their hands; they opened their hands to look at it. He said they had got all his money, and asked them to give him a shilling. The short ones said, Do you resist? and came back and said, if he resisted they would kill him, and throw him in the ditch. I laid hold of one man and said, for heaven's sake, save his life! you have got his money. Upon that the tall man said, Do not burt him, consider the woman. I went with him to Justice Sherwood's office, and went with the runners, and was present when the prisoners were taken.

Do you know any thing of them? - Yes, I am very certain to them? the tall one I think it was that had the pistol.

Was you there when the pistol was snapped? - Yes; I saw the flash of the fire.

Was you ever out with Sherwood's men before? - No, I never was, I did not know them before.

JOHN FARRELL sworn.

I am one of Justice Sherwood's men. Last Saturday night White and the woman came down to our office, and said they had been stopped by three men in the fields, and robbed of a guinea and seven shillings; we got some arms, and went with them; some of us went the field-way, and some the roadway. Just as I got to the top of the New Road, I saw three men coming out of the fields; I went up to the tall one, and laid hold of him. Elby came up, and I delivered him to Elby, and secured one of the others; a skirmish ensued, and the other man made his escape. I saw a pistol slash in the scuffle, but do not know which had it: we took them to a public house, and the prosecutor said they were the men; we searched them, and found six shillings and nine-pence upon one, and about five shillings on the other. The next morning we went to see if we could find a pistol on the spot, suspecting they had thrown one away; we found there a piece of a broomstick, and this chissel (producing them).

Had you ever seen this man and woman before? - Never in my life.

WILLIAM ELBY sworn.

The man and woman came down to Justice Sherwood's office, and said they had been robbed in the fields, and described the men to us; six or seven of us went out, some the field, and some the road way. Just as we got through the gap, I saw three men coming out of the field; Farrell was a head of me, he went up to them, and stopped them. We asked them what they were about? They said what was that to us, they were hardworking men. I laid hold of Thompson; I thought he had a pistol in his hand; I drew my hanger, and bid him keep his pistol off. The other prisoner coming up we secured them: the other man got off. The woman was about twenty yards behind, when we stopped them.

How soon did she come up? - I cannot say; I did not see her again till we came down to the office; we went the field-way; she went with Farrell and the others the road-way.

Did you see any thing of a pistol? - When I laid hold of Thompson, the other came up with something in his hand; a scuffle ensued; Farrel gave me charge of Thompson, and secured the other man.

THOMAS COLE sworn.

Six or seven of us went out with the prosecutor and girl in pursuit of the thieves; some went over the fields, and some the roadway. I went over the fields with the prosecutor. George Smith , Forrester, Farrell, Elby, and Packer I believe went the fieldway; the woman laid hold of Farrell's arm;

as we went the field-way they were a-head of us. Farrell and Elby cried out, here they are! I went up as last as I could. Farrell had hold of Harley, and Elby hold of Thompson; then I laid hold of Harley. There was another, he ran away. As soon as I had got hold of Harley I searched him, and found this stick upon him (producing it). We found no other arms upon them; I saw a pistol flash; I do not know who had it; I believe we had but one pistol among us which was neither loaded nor primed. We took them down to the office, and the prosecutor and the woman both swore to them. They were committed for further examination on Wednesday. We went to the watch-house; it was my watch night; we thought the tall man had thrown a pistol away, and on the spot where we took them, I found a knife, and Farrell found a chissel and this stick (producing it).

HARLEY's DEFENCE.

I am a waiter ; the last place I lived at was over the water. I have been out of place nine days; I am innocent of the fact. This young man and I went down to the White Raven, there were skittles playing there. I took up this stick in the yard of the White Raven, and coming over the fields these men attacked us.

THOMPSON's DEFENCE.

I have a person here, Mary Holland , who will prove I was in her house that night till past nine o'clock with Harley; we went from thence to the White Raven; we found there were no company, and were going over the fields home when these men stopped us. I am quartered at Westminster. My mother living at Bethnal Green I am often there.

For Harley.

MARY HOLLAND sworn.

I have known the prisoner Harley ever since he sucked. My husband is a journeyman cooper, and works at Mr. Chippingdale's at Bethnal Green. On Saturday last, as I was coming home from Spitalfield-market, I met the prisoner Harley; he asked how I did, and asked me if I was married. I said yes. I asked him to go home with me to George-street, Spitalfields; he did. I asked him to stay tea, and told him I expected my husband would come home soon. The other prisoner was with him; they staid with me till past nine o'clock, to the best of my knowledge, and then they went out to go home. Mary Alkin was with us; she came in about seven o'clock, and drank part of two pots of beer. Harley was in a brown coat; I believe he had a brown coat, I did not take much notice as he was not my acquaintance.

What had you besides your tea? - Nothing but two pots of beer. Mary Atkin had only a part of the second pot of beer.

Where does Mary Atkin live? - Up two pair of stairs in the same house.

Does she know either of these people? - No, she knows nothing of them at all.

How long has she lived there? - I do not know; she was in the house when I came in. I have lived there half a year.

Had you any thing to eat? - No, only a piece of bread and butter with my tea.

Had not you some peppermint? - Yes, at a publick-house before tea. I do not know the publick-house.

What time did they go away? - I have reason to believe it was past nine o'clock. The post-man never strikes out his bell till the clock has struck nine, and I heard him as they went away.

MARY ATKIN sworn.

I live in Webb-square, in Shoreditch parish.

Do you know Mary Holland ? - Yes.

Where does she live? - I forget the name of the street.

What part of the town it is in? - Spitalfields; I cannot tell the name of the street.

Whose house do you live in? - Mr. Clifton is my landlord; I have lived there two years; I have a kitchen.

You live in the lower part of the house? - Yes.

How far from where Mary Holland lives? - Not above a hundred yards. I have known her a great many years.

Do you know any thing of these men? - No, neither of them.

What did you come here to tell us? - I do not know any thing unless on account of my going up to Mrs. Holland's house.

When did you go there? - About seven o'clock on Saturday night.

Can you recollect now where the house is; has the house any number? - Not that I know of.

Has she the whole house or is she only a lodger? - She lives up one pair of stairs I believe.

Do you know what her husband is? - A cooper.

Who did you find in the house when you came there? - There were two men; they were drinking a pot of beer there; I staid there till about eight o'clock, I believe; I went away and left them there.

Was there any eating and drinking while you was there? - They had got a pot of beer drinking, which was all I saw.

Did you drink with them? - No, they asked me to drink.

Had you no share of the liquor? - No.

Was there any more beer brought in while you was there? - Not that I saw.

Do you know who the men were? - One was in soldier's clothes.

What size was he? - I do not know; he was sitting down; he looked as if he belonged to the Guards.

What sort of a man was the other man? - He had a brown coat.

Court. Let Mary Holland stand up with Atkins.

To Holland. This is the friend who lodged in the two-pair-of-stairs, and lodged there above two months? - She used to come to a young woman up two pair of stairs; I did not know but she lodged there; she lay there sometimes.

To Atkin. Did you lodge up in the two-pair-of-stairs? - I did lodge up in the two-pair-of-stairs once.

Harley. Atkins came very much in liquor yesterday.

(Harley called four other witnesses, who all gave him a good character.)

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

BOTH GUILTY ( Death .)

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

Reference Number: t17800405-33

192. MARY HOLT was indicted for stealing a pair of woollen blankets, value 12 s. a pair of linen sheets, value 12 s. two linen pillows, value 5 s. a copper saucepan, value 2 s. a copper teakettle, value 2 s. and a small looking glass, value 2 s. the property of Peter O'Donnell , March 8th , the said goods being in a certain lodging room, let by the said Peter, to the said Mary, and to be used by her .

PETER O'DONELL sworn.

I live at number 10, in Lumley-court, in the Strand . I let a lodging to the prisoner the latter end of last October. Upon the 5th of March, she went away from the lodging, unknown to me, and took the key with her. I had another key. The man who she said was her husband went in along with me. The prisoner took the lodging for herself and her husband, but she said she was the person who would stand to all affairs, and pay the rent. When I went in I missed the things mentioned in the indictment (repeating them). She came home that night, and said she found I had been after her, and she said if I would not bobble her that night, she would bring the things in a day or two. I listened to her, and she remained above a week longer in the lodging. She told my wife she could not get any money to bring the things in, and that she was going away the week after, but she would bring them in before she left the lodging. She went away on Thursday, and said I might get my things how I could, and she would not tell me where they were. I charged a constable with her, and she was taken to Tothilfields Bridewell. I found the things at the pawnbrokers.

( Henry Turner , a servant to Mr. Keyes, a pawnbroker in the Strand, produced a sheet,

which he took in of the prisoner, and a glass he took in of a man in the name of the prisoner.)

( - Morgan, servant to Mr. Newth, a pawnbroker, produced a pillow, which he took in of the prisoner.)

(They were severally deposed to by the prosecutor.)

To the Prosecutor. What is become of the husband? - I do not know. She took the lodging; I thought her the proper person so look to for the things. His name is Jones; her name is Holt.

Did not he pass for her husband? - That I cannot say; sometimes she called him her husband, and sometimes he would call her his wife, and sometimes they would not.

PRISONER's DEFENCE.

I took the lodging for a young man whose name is Jones; he was out of place but about a week; I then took the lodging on myself. I was there six weeks, and paid him all the time. I was then taken ill; I was ill seven weeks, in the course of which time I made away with every thing I had. After seven weeks I was but just able to crawl about with a stick, and the help of a woman who was with me. I had hardly any thing left to cover me. I asked a gentleman to lend me some money to get me some things; I got some, and went out, for I am an unfortunate woman. I had fifteen shillings; ten shillings I paid to the prosecutor; with the rest I bought me a pair of shoes. I had not left the lodging; I told him part of his things were out, but that I would not leave the lodging till I got them in again. He said very well. I told him to let the lodging if he could; I told him on Saturday night I would strain every point to put the things in their place. I heard on Saturday night he had a warrant for me; I said it could not be, for I had been with him the night before, and desired him to let the lodging; he met me in the street and asked me if I had any money; I told him no, but I hoped I should have some on the morrow to pay him, and get his things home. He charged a constable with me.

To the Prosecutor. How long did she continue in the lodging after you knew she had pawned your things? - About a week.

Was she ill so long as she has said? - She was ill about two or three weeks I believe.

If she had raised the money to get the things, that was all you wanted? - Yes; if she had brought them back I should not have prosecuted her.

NOT GUILTY .

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

Reference Number: t17800405-34

193. CHARLOTTE M'CLOCKLAN was indicted for stealing a silk handkerchief, value 5 s. a half guinea, four half crowns, and 7 s. in monies, numbered, the property of John Tatton , March 31st .

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

NOT GUILTY .

Reference Number: t17800405-35

194, 195. SARAH the wife of Thomas CLARK and SARAH ALGIN were indicted for stealing a woman's cotton gown, value 2 s. a pair of woman's stays, value 5 s. two stuff petticoats, value 2 s. and a linen apron, value 6 d. the property of Ann Gascoigne , spinster , March 25th .

ANN GASCOIGNE sworn.

I keep a child's coat shop in Bedford-court , I have the lower part of the house, the upper part is let out in lodgings. I missed the things mentioned in the indictment (repeating them) out of my kitchen on Saturday night the 25th of March; they were safe in the morning. I afterwards found them at the pawnbroker's.

( William Rossiter , servant to a pawnbroker, produced a pair of stays he took of Sarah Clark ; and Robert Dublin , another pawnbroker's servant, produced a gown, two petticoats and an apron; one of the petticoats he deposed he received from Clark, and he believed he had the rest of the things of her but could not be positive, as she and Algin, used frequently to come together. They were severally deposed to by the prosecutrix.)

CLARK's DEFENCE.

Algin brought the things to me and asked me to pledge them. She said she had them from her sister.

ALGIN's DEFENCE.

I never saw any thing of the things till she came and fetched me with the gentleman, and told me where they were pawned; she desired me to say before the justice that I took them. She said it would be no harm, and I did so to serve her.

(Clark called four witnesses who gave her a good character.)

JOHN GASCOIGNE sworn.

I am the father of the prosecutrix. On the Monday I was informed my daughter had found some of the things; I went to the pawnbroker; he said he would fetch Clark; he did, and she came very readily, and said she would fetch the girl, she had the things of. We went to several places to see after Algin. As we were coming back we met her, and she confessed that she took the things. I believe Clark to be innocent.

CLARK NOT GUILTY .

ALGIN GUILTY .

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-36

196, 197. SAMUEL BAGNALL and WILLIAM IVES were indicted for that they, in the king's highway, in and upon James Croker , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, a cloth coat, value 20 s. a cloth waistcoat, value 10 s. a pair of men's leather breeches, value 20 s. a pair of thread stockings, value 2 s. a man's callico shirt, value 10 s. a linen stock, value 3 s. and a cotton handkerchief, value s. the property of William Roberts , December 16th .

JAMES CROKER sworn.

I am an East Indian. I am servant to Mr. Roberts. On the 16th of December a little after nine at night, I was in Compton-street, Soho; I enquired of the prisoners for No. 9; the tall thin man [The prisoners were both very tall and appeared to be of a size] called me and told me he would show me No. 9. He carried me to St. Ann's Church. When we came to St. Ann's Passage , the tall man snatched my bundle away; the little man took hold of my throat.

Did he take hold of your throat before the other took the bundle? - Yes; the tall man took my bundle away, and hit me a blow in the face, then they both ran away. Sir John Fielding 's men took them, about five or six weeks after, and sent for me. When I saw them at Sir John Fielding 's, I knew them again.

Had you ever seen them before that night? - No; we walked two hundred yards together; they were dressed in blue coats, had short hair and round hats. The things mentioned in the indictment (repeating them) were in the bundle; they belonged to my master, Mr. Roberts. We never found any of them again.

How came these men to be taken up? - I described them the next day at Sir John Fielding 's. I knew them directly as soon as I saw them.

(On his cross examination he said he described them as being one six feet and the other five feet high, with blue great coats; that it was a very rainy dark night but that he took a deal of notice of them.

BAGNALL's DEFENCE.

I am very innocent of the charge. The only reason he gave for knowing us was, that we had blue great coats on; that one was a little taller than himself, and the other a foot taller.

IVES's DEFENCE.

He would have sworn to us without looking at us if the justice had not called him back.

(Ives called one witness who gave him a good character.)

BOTH NOT GUILTY .

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

Reference Number: t17800405-37

198. EDWARD GANDY was indicted for stealing 24 lb. wt. of iron, value 10 s. the property of Charles Colquhoun , Feb. 26th .

(There was not any evidence to bring the charge home to the prisoner, except his own confession, which had been improperly obtained.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-38

199. JANE MORRIS , spinster , was indicted for that she in the king's highway, in and upon Robert Carter feloniously, did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a half-guinea and two shillings and a halfpenny in monies, numbered, the property of Thomas Young , March 24th .

ROBERT CARTER sworn.

I am eighteen years old. I was coming down Drury-lane on the 24th of March, which was Good Friday, at ten o'clock at night; the prisoner asked me to give her something to drink. I told her I would not. She picked my pocket, by force, of half a guinea and two shillings and three pence; she held me by the flap of my coat.

Did she strike you or use any violence? - No. She only laid hold of my coat, pulled me about, and put her hand in my pocket; the money was wrapped up in paper; she took it out of my pocket and opened the paper; there was half a guinea, two shillings and three pence; she afterwards gave me two-pence halfpenny and said, do you think I would go to take any money from you, I see you are an apprentice boy? I looked over the two-pence half-penny she gave me and cried out immediately that she had robbed me of half a guinea and two shillings; she was then in White Hart-yard; she went off when she gave me the two-pence halfpenny, and I followed her. I called out and Mr. Fournoe and another person came to my assistance.

Prisoner. How came you in my room? - She robbed me and I was obliged to go to her room for my money after she had robbed me.

I thought you called out and got assistance as soon as you missed your money? - I did; I went for the watch the watch were not set; when she ran away with the money I followed her to her room for my money; when she came down from her room I cried for help. I had cried for help before, and no-body came.

How long did you stay in her room after you followed her there? - Not a minute.

Prisoner. Had we no liquor to drink in my room? - None at all.

Prisoner. Was there any communication between you and I? - No, none at all.

JOHN FOURNOE sworn.

I was at work in my garret in White Hart-yard. I heard a noise. I came down; there were thirty or forty people round the prisoner. I heard the boy crying; he said he was robbed. I took her by the peak of the stays behind; I then saw her put a half-guinea into her mouth; I saw the edges of it; it rattled in her teeth. I tried to pull it out of her mouth, but she gave her head a toss back and swallowed it. I took her to the watch-house; the beadle found two shillings and a sixpence and a halfpenny upon her; when the money was produced, the next day, she said there was no more of the boys but two shillings.

PRISONER's DEFENCE.

As I was going into Stuart's-rents this lad laid hold of me and said, I have seen you before, 3where are you going? I said do not trouble your head with me. I went home and left my door upon the latch, as I did not think to stay long; the lad came up stairs and said, now I have got into your room, what will you drink? He said, let us have a little drop of gin. He gave me twopence halfpenny, and Mrs. Smith's daughter fetched it; we drank the liquor and came down stairs together, and went up White Hart-yard; in less than half a minute he turned round and said, you have robbed me of the money out of my pocket. We came down, and he alarmed some people. I never saw but that two-pence half-penny.

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

GUILTY of stealing the money, but not Guilty of the highway robbery .

Tried by the First Middlesex Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-39

200. MOSES FONSEKA was indicted for stealing a paper box, value 6 d. six linen shirts, value 50 s. three linen aprons, value 6 s. and four linen clouts, value l s. the property of John Watts , Feb. 28th .

JOHN Watts sworn.

On the 28th of February I lost the things mentioned in the indictment (repeating them) when the prisoner was taken I heard him declare that his accomplice sold the linen for twenty-six shillings, and that he stayed in Petticoat-lane till they brought him the money.

SARAH POULTER sworn.

On Monday the 28th of February last, about six in the evening, I delivered to Mr. Henry Hollingworth a box of linen at Westham, containing the things mentioned in the indictment, to go to Mr. Watts' town-house, near Aldgate church.

HENRY HOLLINGSWORTH sworn.

I drive the Plastow coach. On the 28th of February I received a box from the last witness. I put it into the coach. I had nobody in the coach, but some passengers whom I very well knew; the passengers got out of the coach in Whitechapel; the box was then in the coach. When I had taken the money of the passengers, as I was going to get on the box to take the coach into the rank, I saw my door open on the opposite side; I immediately missed this box. I did not observe any body about. I have seen the prisoner before about Whitechapel .

DAVID JONAS sworn.

I work at a butcher's. One night between seven and eight o'clock, as I was coming home from my work, I do not know what night it was, I believe it was a Monday night, about five weeks ago, I stopped to speak to one Mrs. Wood; I saw Moses Fonseka open the door of a Plastow coach and take a paper hat box out. There were two others with him; he handed it over to one of them, and they went down Petticoat-lane. I told Mr. Wood of it; and we went down Petticoat-lane but could not see any thing of them; they were gone as if they were bewitched. I heard they were afterwards taken in Shoreditch.

Prosecutor. The coachman came and acquainted me with the affair. I sent for Lyons to go in search of the last witness, who I heard had seen the person take the things out of the coach; when the prisoner was taken he denied taking the box out of the coach; but when he came out from before the alderman, he said he took it, and that the persons concerned with him were Elias Davis and Solomon Levi ; he went back and said the same before the alderman; he said, they sold the things in Petticoat-lane, and he waited till they brought the money.

PRISONER's DEFENCE.

The prosecutor has bribed David Jonas ; he has given him a new pair of shoes and stockings and some money.

Prosecutor. What he declares of my giving the boy shoes or stockings or money is false.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-40

201. WILLIAM BAGNALL was indicted for breaking and entering the dwelling-house of William Jorden , on the the 17th of March, about the hour of nine in the night, and stealing five silk gowns, value 40 l. a diaper table cloth, value 2 s. and two linen clouts, value 2 s. the property of the said William Jorden in his dwelling-house .

MARY JORDEN sworn.

I am the wife of William Jorden . On the 17th of March, about nine in the evening, having occasion to go into the bed room up one pair of stairs, I found the door locked, I could not open it; one of the servants got a ladder and got in at the window, which was open; he found the key in the

door in the inside of the room; he opened it. I went in and found the wardrobe stripped. The drawer of the wardrobe, in which some of the things were, was violently pulled open; several things were thrown about. There was the mark of a foot in the window seat, and two or three foot-marks on the floor. The things mentioned in the indictment (repeating them) were all missing.

THOMAS DAY sworn.

(Produces a table-cloth and two clouts.) I found these things in a pillow-case in Bagnall's room. Bagnall and the woman were both in the room at the time the woman claimed the things. Bagnall said nothing about them.

Prosecutrix. They are mine; I marked them myself.

PRISONER's DEFENCE.

I have my wife in court to prove I do not belong to the house.

Court. Your wife cannot be a witness. (The prisoner called three witnesses, who gave him a good character.)

NOT GUILTY of breaking and entering the dwelling-house, but guilty of stealing the goods to the value of 39 s.

Tried by the London Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17800405-41

202. GEORGE NEALE was indicted for stealing a wooden firkin, value 6 d. and 56 lb. wt. of butter, value 20 s. the property of Thomas Parish , March 13th .

THOMAS PARISH sworn.

On the 13th of March, about five in the evening, I lost a firkin of butter off Dice quay by the water side. There were sixteen firkins and an half on the quay; I counted them, and went to get some refreshment; when I came back, one of them was gone and the prisoner was in custody.

JOHN BACON sworn.

I saw the prisoner go up St. Dunstan's-hill, with a firkin of butter; I went after him and took him by the collar with a firkin on his shoulder. I had landed thirty firkins of butter at the quay the bottom of St. Dunstan's-hill. I thought it might be mine; I found it was not mine. As I was bringing the prisoner back he threw the firkin of butter down, and attempted to throw it on my toes.

(The firkin of butter was produced in court and deposed to by the prosecutor.)

PRISONER's DEFENCE.

I was coming along the quays, and a man hired me to take it to his house.

(The prisoner called three serjeants, who gave him a good character.)

GUILTY . Fined 1 s. and discharged .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17800405-42

203. WILLIAM SMITH was indicted for stealing a cotton gown, value 2 s. the property of Elisabeth Buckham , February the 24th .

ELISABETH BUCKHAM sworn.

On the 24th of February, about five in the evening, the prisoner came into my mistress's, who keeps a publick-house; he called for a glass of liquor at the bar, and asked leave of my mistress to go backwards; he went backwards, and came back and looked into the kitchen and saw me there; he went away. He came again at seven and had a glass of liquor at the bar, and asked to go backwards again; my mistress said he would not find the way backwards; he said he had been before. I was in the kitchen at work; my mistress called me; he came from the necessary, and went into the kitchen and took a gown of mine, it was hanging in the kitchen. My mistress saw him come out of the kitchen.

MARY FRANKLIN sworn.

I saw the prisoner coming across the kitchen, which gave me a suspicion; we stopped him in the passage, and found the gown concealed under his coat.

(The gown was produced by the constable and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

I was starving; I took it for want. I could get no business to do.

GUILTY of stealing to the value of 10 d.

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17800405-43

204. WILLIAM AUSTIN was indicted for stealing a pewter chamber-pot, value 2 s. the property of Edmund Roebuck , March the 24th .

EDMUND ROEBUCK sworn.

I am a victualler , I keep the King's Head in Smithfield . I can only speak to the property.

THOMAS CLEAVER sworn.

I live with Mr. Roebuck. Last Friday night as I stood in Smithfield, I saw the prisoner go up the King's-Head yard and take a pewter chamber-pot off the top of a water-tub and put it under the skirt of his coat. As he came out of the yard I stopped him, and asked him what he had got; he said only a parcel he had left there. I took the pot from him.

PRISONER's DEFENCE.

As I was going along a horse ran against me and knocked me down; I went into this yard to wash my hands; as I was wiping them on the tail of my coat, this man came came up and knocked me down without saying a word me; I was all of a gore of blood.

GUILTY .

Tried by the London Jury before Mr. Baron EYRE.

[Whipping. See summary.]

Reference Number: t17800405-44

205. JANE SOPHIA TAYLOR was indicted for stealing a gold watch, value 10 l. two gold seals, value 40 s. a gold chain, value 15 l. and a mourning ring, value 10 s. the property of Lewis Bouvais , in his dwelling-house , May 10th , 1778.

LEWIS BOUVAIS sworn.

I live in Jermyn-street . The prisoner worked for my wife in the milinery business at her own lodging. This watch used to hang against my wife's bed, in the bed-chamber; it was missed in the month of June, 1778. We had a black girl we suspected. The watch was forgot till lately a discovery was made of it by one Mr. Wilson, a jeweller. It was traced to the hands of a Mr. Trip, in St. Martin's-lane.

WILLIAM TRIP sworn.

I am a pawnbroker in St. Martin's-lane. This French gold watch (producing it) was pledged with me on the 13th of May, 1778, by a woman, in the name of Ann Brown. I have no recollection of her person. There was a gold seal and a ring pawned by the same person the same day.

(The watch was deposed to by the prosecutor.)

CHARLOTTE JONES sworn.

The prisoner told me she had a gold watch in pawn at Mr. Trip's, and wished my husband would buy it out. My husband took the duplicate, and he went to enquire about it, but could not obtain a sight of it. I went to Mr. Wilson's, who had been a friend to her, and mentioned the watch, and he told Mr. Bouvais of it.

HENRY JONES sworn.

I had the duplicate of my wife for the purpose of making that enquiry.

JAMES HYDE sworn.

Mr. Bouvais came to Sir John Fielding 's and laid an information about the watch, and I went and found it at Mr. Trip's.

PRISONER's DEFENCE.

I have no friend here. I am a Scotch-woman.

Court. Is Mr. Wilson here? - No.

GUILTY of stealing the things, but not guilty of stealing them in the dwelling-house .

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-45

206. SUSANNAH FLOOD was indicted for stealing a tin snuff-box, value 1 d. three guineas, three half-crowns, and 7 s. in monies, numbered, the property of Jarvis Nash , in the dwelling-house of the said Jarvis , March 18th .

SARAH NASH sworn.

I am the wife of Jarvis Nash . I had the money mentioned in the indictment in my room, in a tin box. I had put it into the care of Jane Barrett , who lodged in the same house with me. There was an alarm of fire; we moved our things in a great bustle. The next morning I missed my money. I suspected the prisoner, who was in the house; I went in pursuit of her. We came up with her some where in Monmouth-street. She ran into a house where she was taken. This box and a part of my money was found upon her.

JANE BARRETT sworn.

The prosecutor's wife delivered to my care a box containing three pounds seventeen shillings. I am sure there was that money in the box, for I told it when she first delivered it into my care; I told it again after the fire when I returned, after having been obliged to move, it was safe then. In telling it then I happened to drop a receipt which was in this tin box. The next morning the prisoner was in Nash's room, singing; I had occasion to go into that room to light a candle, to make a fire. She followed me and offered to light my fire for me and came into my room. She went out again, and came in again and borrowed the light. After she went out again, I had occasion to go down to fill my tea-kettle with water. I suppose while I was down stairs the box was stolen, for when I returned, I observed the receipt which I had dropped over night, when I told the money, which I had not observed before; upon that I went to look at the box, to see if every thing was safe, and then the box was gone. As there had been nobody but the prisoner, we went in pursuit of her.

SARAH BLEWETT sworn.

I found the prisoner buying a gown in Monmouth-street. I wanted to stop her, she would not submit to that; I called stop thief! She went into a house. One John Young apprehended her.

JOHN YOUNG sworn.

Upon the alarm given, I being told which way the woman had run, went after her, and found her in a room where there were a number of people making soldier's clothes. I searched the room and found this tin box (producing it) I found also two pounds eighteen shillings and eleven pence; a few halfpence only in the box.

Prosecutrix. The box is unfoldered in one place. I know it by that mark to be my property.

PRISONER's DEFENCE.

There was a fire happened the morning before. When I got up they were moving the things about; I picked the box up; I did not know whose it was.

(The prisoner called one witness who gave her a good character.)

GUILTY ( Death .)

Tried by the First Middlesex Jury before Mr. Baron EYRE

Reference Number: t17800405-46

207. GEORGE ORFORD was indicted for stealing a pair of machine irons, value 2 s. the property of Jabez Castwood , March the 7th .

JABEZ CASTWOOD sworn.

I am a glazier . On Tuesday the 7th of March, I sent my man to clean and repair some windows at the house of a Mr. Packer in High Holborn . The prisoner was painting the house. At the time I went my man was gone to dinner; he came back in about half an hour, and missed the machine irons, and asked me if I had seen them. They are irons we put into the machine we stand upon when we get out of a window. I asked the prisoner if he had seen any thing of them; he said he had not; on the next day, I was there; I asked the prisoner the same question again; he said he had not seen any thing of them; and more than that, if I offered to say any thing farther of it he would beat me and use me very ill, which he did, for he followed me and beat me much; I felt the blows I suppose six days after. I heard nothing more of it till the 10th, when I was sent for by the master painter, and we apprehended the prisoner.

HENRY HALL sworn.

The prisoner was my journeyman ; he was employed to do the painting business in Mr. Parker's house. On the Wednesday, I heard the glazier had lost the machine irons, and that my man had used him very ill. I had a good opinion of the prisoner; he had worked for me some time, and I had placed some confidence in him. On Friday following, which was the 10th, I met him in King-street, Holborn, about half after eleven o'clock with some lead in his apron which came off the top of a house. I was struck with seeing him at that hour out of his business and asked him what he was going to do with the lead, and whom it belonged to? He said it came off Mr. Packer's house; that the journeyman carpenter had given it to him, and he was going to sell it; I desired him to bring it back directly; he said he would, and he followed me. I went into the house and asked the carpenters what they had given my man? they said they had not seen him for some hours. I went to the door to look for him; I could not see any thing of him. I went to Mr. Packer, who lived at the adjoining house, and told him, I had detected my man stealing some of his lead. I went to his lodgings and found the lead; I pulled down a box in the closet; having missed a variety of things at different times, and I found the machine irons by the side of it.

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

PRISONER's DEFENCE.

I cannot say but I did hit that man, because he said I had got the pins. Mr. Hall came and found the pins lie publickly. I had a board to paint for Mr. Parker the plaisterer, which I intended to finish on Saturday, and bring the pins back on Monday. I took them home; we were moving things backwards and forwards. I was afraid they would be lost.

GUILTY .

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

[Whipping. See summary.]

[Imprisonment. See summary.]

Reference Number: t17800405-47

208. MARY REGNARD was indicted for stealing a pair of silver shoe-buckles, value 12 s. the property of William Robinson , March 16th .

WILLIAM ROBINSON sworn.

I lost a pair of silver shoe-buckles on the 17th of March. I had been abed along with a girl, and slept all night with her. The prisoner belonged to the same house where I was drinking; it is a publick-house, called The Bank of England, in Drury-lane . She got up before me in the morning; I was a little in liquor when I went to bed. In the morning I perceived her taking the buckles out of my shoes; I pursued her, but being naked, I durst not run out into the street. She got away from me. I took her up the same night; she then produced a duplicate of them. She had pawned them as nearly in my name as she could, but not quite.

Did not you say any thing to her when you saw her take the buckles out of your shoes? - Yes; I talked to her, I was in bed; I never saw her have the buckles till I saw them in her hands, and then she ran down stairs directly.

Prisoner. Where did you sit when you pulled off your shoes and stockings? - At the foot of your bed miss.

RICHARD BROWN sworn.

I am a pawnbroker. The prisoner pledged these buckles at our house. She put them in her own name and William Robinson 's too; she had twelve shillings upon them. She had been a customer at our house five or six years. Her husband is abroad.

PRISONER's DEFENCE.

On the 16th of March I was in the taproom in this publick-house; Robinson came in with another man; we had five or six pots of half and half at the other man's expence. He went home with us to our lodgings; he gave me a half crown piece, and the other man gave the other girl a half crown piece to sleep with her. He kept drinking spiritual liquor all the evening. We got up and drank again till about eleven o'clock in the day. He sent me to buy him some shamroques; he went and unlocked my

door, and sat on my bed's foot, pulled off his jacket and hat, and unbuckled his shoes; he wanted me to lie down; I said I should not in the middle of the day. He said I suppose you want some more money; I said to be sure. He wanted my buckles; I let him have them. I went and pawned his buckles for half a guinea. When I came back he said they cost him twenty-five shillings, and he was sure I could get more for them. I went back and brought him a duplicate; he gave me five shillings for myself. He left his buckles over night at the bar of the publick-house. He said he would come in the evening again; he did, and brought a watchman with him.

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-48

209, 210. MARY PROTHERO and ANN COOK were indicted for stealing sixty-five yards of clay-coloured silk, value 10 l. the property of John Berry , privately and secretly in the shop of the said John , March 27th .

WILLIAM FORRESTER sworn.

I am an apprentice to Mr. Berry, a mercer in Oxford-street . On Monday the 27th of March, in the morning, about nine o'clock, the prisoners came into our shop, and asked to look at some silk; I showed them a vast number of silks, and they bought one gown of me, which was forty-shillings; the prisoners gave me two guineas; I had not silver in my pocket to give them change; they were in the back shop; I went into the front shop for two shillings for change. When I had given them the change they said they wanted to buy another gown; I shewed them several more; we could not agree about another gown, and the prisoners went out of the shop. As soon as they were gone, I went to wait upon another customer, about fifty yards from our house; I was absent about twelve or thirteen minutes; when I returned, I missed this piece of silk. I left John Ward , another apprentice, in the shop. I am certain I shewed the silk which was lost to the prisoners. When I missed the silk I looked all round the shop to see if I could find it, but to no purpose. I sent round to the pawnbrokers to desire them to stop them if they came to pawn it. I heard nothing of it. On Tuesday last I met the prisoner Prothero, in St. Giles's; I followed her and saw her go into a publick-house.

Had you ever seen the prisoners before the morning they came into the shop? - Not to my recollection. They were about twenty minutes in the shop. I took so much notice of them, that I could not be mistaken in their persons. I went into the publick-house. There was James Hide , one of the runners of the Rotation-office there; I gave him charge of her. She denied knowing any thing of me. She was examined at the Rotation-office, but continued to deny knowing any thing of me. I described the other prisoner as being with child, and shorter than the other. The officer said he thought he knew where to find her. I went with him, and we took her in Portpool-lane, Gray's-Inn-lane. She likewise denied knowing any thing of me, and did so when she was examined before the magistrate. The silk has never been found.

Can you at this distance of time from the time the prisoners were in your shop, having never seen them before, positively swear these are the very persons? - I can. But I am rather more certain to Prothero than the other, because I am pretty sure she had the same gown on when she was taken that she had when she was in our shop.

JOHN WARD sworn.

I am apprentice to Mr. Berry. On Easter Monday two young women came to our shop, about nine in the morning, and asked to look at some silks; I shewed them into the back shop, and called Forrester, and left him with them. They staid about twenty minutes, and then went out of the shop. Then Forrester went out to wait on a customer; he returned in about ten minutes, and then missed the silk. There was no one in the shop while he was gone, only one man, who bought a yard of pink sattin; he was not in the shop above a minute, he only staid while I cut it off.

Did you take notice of the two young women so as to know them again? - I did not.

PROTHERO's DEFENCE.

Upon my word I never was in the shop, and do not know where they live.

COOK's DEFENCE.

I know nothing about it; I was never in the shop in my life. When the gentleman came to my lodging, I said he was welcome to search me. He said he did not know me till he came before the justice.

(Prothero called two witnesses who gave her a good character.)

For Cooke.

JAMES HIDE sworn.

I took both the prisoners and found nothing upon them. When I went to Cook's lodgings, I was informed she was very ill in bed. Forrester staid in the passage, and I went in; I was afraid to force her to get up till I knew whether she could get up safely; they told me the midwife was coming. I said to Forrester, you had better be certain whether it is her. He said he could not without he saw her with her clothes on. She sat up in the bed, and put her gown on; then he said he thought she was the person. He described the gown she had on in the shop. I found a dirty gown of that pattern in the box. Then he said he thought she was the person. Till he saw the gown he was not certain. We talked between ourselves six or seven times about it.

Did not he express some doubt then about her? - Yes he did.

(Cook likewise called two witnesses who gave her a good character.)

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-49

211. ANN MATHISON was indicted for stealing an hundred yards of silk, value 15 l. the property of Cabibal Rich , privately and secretly, in the shop of the said Cabibal , March 20th .

THOMAS PENRY sworn.

I am shopman to Mr. Rich. On Tuesday the 21st of March, between eleven and twelve o'clock the prisoner, with another woman shorter than herself, came into Mr. Rich's shop; they had bed-gowns over their gowns and long cloaks. They asked me if we had not some silks at four shillings, or four and three-pence a yard. Before I could well give them an answer, Mr. Rich came and asked them to walk into the back shop; I went into the back shop with them; they sat down on the other side of the counter, and asked for some small beer; I went up stairs and fetched some beer; when I returned, a customer came into the fore shop, and I left Mr. Rich alone with them. While I was serving the customer, a lady came in, and Mr. Rich left them to speak to the lady, and desired I would go backwards. I had not been long with them before the shortest of the two went out; Mr. Rich had sold them fifteen yards of silk. I put it up in a paper; I gave it to the shortest, but they said it was for the prisoner. The shortest paid for it. The prisoner asked her to lend her the money as she had not enough, and the shortest paid the whole. While the shortest was out, I asked the prisoner a great many questions; they pretended to be market women. She had a round basket which she put upon the counter. She said that they used the Fleet-Market, that she came from Hammersmith. She was looking for a colour to please the other one against she came back. She returned in about ten minutes, crying, and said she had lost some garden stuff she had left at the corner of the market, that it was ten shillings loss to her. The prisoner desired her not to cry, and told her she would be at half the loss. They pitched on another gown which was cut off and laid on the window. They were to call for it in the morning, and they went out into Artillery-street, towards Artillery-lane. We missed two whole pieces of silk, containing about ten yards, before they had been gone ten minutes; there had not been any body else in the shop. We have never found them again.

When was the prisoner taken up? - On Wednesday last, I believe; this was the

Tuesday fortnight before I saw her at the office in Litchfield-street, when she was taken up; I knew her again immediately. She denied knowing any thing of the matter.

Had you ever seen her before she came to your shop? - Not to my knowledge. I am very certain the prisoner is one of them.

Is Mr. Rich here? - No.

DOROTHY SEXTON sworn.

I am servant at a grocer's and chandler's shop, in Artillery-lane. On the 21st of March, the prisoner and a shorter woman came into our shop. The prisoner asked for a halfpenny worth of small beer; she asked to stop while the other went out to look after a basket of spinage, which, she said, they had lost. I asked her to sit down in the parlour; as she sat there, she pulled a roll of silk, without any paper over it, out of her pocket, and put it in her apron. The other came in soon after; she pulled out some pink-coloured silk from under her cloak, and left it on the table; I had it in my hand. I went after her to the door with it, when they went out. I described it afterwards to Mr. Rich.

Are you sure the prisoner is the same person? - I saw her again on Wednesday night at Litchfield-street, and am perfectly sure she is the same person. I remember her, and the tone of her voice.

PRISONER's DEFENCE.

I have a witness to prove I was ill at the time, and not able to go out.

For the Prisoner.

SARAH HOLT sworn.

I was employed to nurse the prisoner. I have been with her almost a month; it will be a month next Monday, since I first went to her. She lives in Portpool-lane.

What has been her state of health? - I look upon it to be a lingering labour. She has been extremely ill; she had a midwife with her, who, I suppose, is here. I did not lie there of nights. I remember St. Patrick's day, the 17th of March, it is my husband's birth-day; she was ill some days before that. She was never out from that time while I was with her, which was generally from five or six in the morning, till seven or eight at night.

(She called two other witnesses, who deposed she was ill about that time, and very seldom out.)

NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

Reference Number: t17800405-50

212. ANDREW BREEME was indicted, for that he on the 5th of March , about the hour of twelve in the night, a certain house of William Bolton feloniously, wilfully, and maliciously did set on fire and burn .

2d Count. Laying it to be set fire to against the statute.

3d Count. The same as the first, only laying it to be the house of Stone Tuppen .

4th Count. The same as the second, only laying it to be the house of Stone Tuppen .

5th and 6th Counts. Same as the first and second, only laying it to be the house of Alexander Breeme .

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

- TIBBS sworn.

I live at No. 9, in Glanville-street, Rathbone-place ; the prisoner lived at No. 8. On Sunday night the 5th of March, about half after twelve o'clock, I went up to warm my mistress's bed, and found her bed-chamber full of smoke. My mistress desired me to look over the house, to see if every thing was safe. I did; every thing was safe; then she desired me to go to the next door, to see if every thing was safe there; when I came to the house, I found the door a-jar; I knocked at it four or five times, but I did not see any body; then I went to No. 10; they told me every thing was safe. I went back to No. 8, and shoved the door open, upon which the smoke burst out in my face. I went over to the watch-house, and called Mr. Boyden, the constable of the night; he said, our watchman was coming. I called the watchman, and went into the house with him. When I went into the passage, I saw a walking-stick

between the two parlour doors; upon the stairs I saw two candlesticks, with a piece of candle in each, and a tinder-box by the side of them, with a match; the candles were not lighted. I pushed open the parlour door, which was nearest the street, and there was a fire in the middle of the floor; it burned up as I opened the door.

Did you find any body in the house? - Nobody at all; but there were people lived in the house then, but who they were I did not know till afterwards. After we got the fire out, and examined particularly, we found that it had burned the boards for about a yard square; they were entirely consumed, and the joist burnt very much; the fire had been put under a box, which was turned bottom upwards; there was some cheque and woollen rags, and some paper under the box; Mr. Tuppen has them. Soon after the fire was out, I came out of the house; the prisoner came home about two in the morning, and was apprehended immediately; I was present.

STONE TUPPEN sworn.

I am landlord of the house, No. 8, Glanville-street; I let it to the prisoner for the term of three years, from Michaelmas last; he entered about a fortnight after Michaelmas.

What is your interest in the house? - I built it; I have a lease for the term of ninety-nine years; William Bolton is my ground-landlord.

Have you your lease here? - No: I have the agreement, signed by the prisoner to me. (Producing it.)

JAMES HEBBET , Esq; sworn.

Have you ever seen the prisoner write? - I have seen bills of his, he has given me receipts; I do not know that I looked over him particularly to see him write them. (Looks at the agreement.) I believe this to be his hand-writing. (The agreement read.)

Mr. Tuppen. On Sunday night, the 5th of March, about one o'clock, the watchman alarmed me, and told me my house in Glanville-street was on fire. I went to the house; the fire was extinguished then; the prisoner was not come home, nor his wife; the fire had been in the middle of the floor; there was a small box on the floor, turned upside down, and under the box some rags, paper, and other things; it had burned about three feet square; had burned through the floor, and had burned the joist under the floor. I said, this is a malicious affair; and asked if they had seen either the prisoner or his wife. I went up stairs with the watchman, to see if there was any thing there. I could not see any thing. I came down into the back parlour, and found the bed curtains and window curtains taken away; there was a turn-up and half tester bed in the room. I papered the room with a paper he chose, to answer the furniture of his bed. I saw the curtains up about a month before; after that when the fire was out, and people dispersed to their apartments, I ordered the door to be shut, and staid with the watchmen in the house, and when the watchmen went out, I desired them to look and see if any body was lurking about at the corner of the street. About two o'clock I went into the next house, to let the old lady know she might go to bed; that I should stay on the premises all night. While I was there, the watchman came and told me the prisoner was come home. I went in, and said to him, For God's sake, Mr. Breeme, where have you been? He said, to Tower-hill. I said, here is an amazing circumstance happened; and God knows what might have been the consequence, if it had not been discovered. He took a candle, and went down into the kitchen, and sat down. I followed him. I said, Mr. Breeme, your wife and you have deserted the house; here is this fire happened; I must give charge of you, for you to give some account about it. He said never a word. I gave the watchmen charge of him, and desired them to indulge him as much as they could in the watch-house, for which I gave them two shillings the next day. I saw no more of the prisoner after that.

Do you happen to know what the family consisted of, who lived in the house with him? - Nobody but he and his wife, that ever I saw.

What was his trade? - A tailor.

Had he any journeymen? - I do not know, I put him up a board big enough to hold six men.

Had you ever seen in what way the house was furnished? - I can tell pretty well how the house was furnished; there was no great matter only in the fore parlour, kitchen, and bed-room.

Was there no furniture in the upper part of the house? - No, only a bed in the garret, which is the work-shop.

(The box was produced in court, it was part consumed and burnt in the inside, not on the outside.)

SAMUEL JOHNSON sworn.

I am a butcher; I live in Oxford-market.

Was you one of the persons who were disturbed and came to this house? - I was.

Did you look over the house to see what was the value of the goods in it? - I did, and between God and my conscience I think they were not worth 15 l. I looked over the whole house.

EDWARD ROWLEY sworn.

I am a surveyor of the Sun Fire-office.

Have you the book of the office here? - Yes. The policy was taken out the 7th of April, 1778. Andrew Breeme of Macclesfield-street, on his household goods in his now dwelling-house, &c. not exceeding 240 l. Utensils, stock, and goods in trust therein, not exceeding 120 l. Endorsed on the back, Andrew Breeme , Macclesfield-street, removed to his dwelling-house, brick, No. 8, Glanville-street, Rathbone-place.

Is the policy here? - Here is the policy book, it is endorsed. The policy is always brought to the office to enter the removal of the party, and he endorses the book.

Cross Examination.

The office never pay claims upon them without an affidavit? - No. There is an inventory made out, and a certificate signed by the parson and churchwarden of the parish.

Court. Do you know of your own knowledge that the prisoner lived in Macclesfield-street? - No.

Or in Glanville-street? - No.

Or that any money was paid? - I do know that the money was paid.

To Tuppen. Did the prisoner tell you where he lived before he came to your house? - Yes; in Macclesfield-street, seventeen years I understood; but I found afterwards it was seventeen months.

PRISONER's DEFENCE.

I left the house that Sunday night at near seven o'clock and went to Tower-hill; I had a man with me in the, house who did a little business for me in the writiag way; we went out together; before we went out I locked the dog in the kitchen. When we came to Red-Lion-square, I recollected I had not left the key for my wife, and proposed to go back, the man persuaded me not, and we proceeded to Tower-hill, to the Hamburgh Arms; we got there about eight o'clock; we sat and drank together there till about ten o'clock, then we came away and came together as far as Aldgate, there we parted; I went to shoemaker-row, and staid about an hour, then I came through the city to Fleet-market; the clock struck eleven when I came through Temple-bar. I had a glass of gin, on the left-hand side by the New Church; then I went to the King's-Head in Covent-garden, I got there about half after eleven; I waited above half an hour for a pint of brandy hot. I fell partly asleep before I drank it; when I waked the house was full of people; the watchman was crying half after one o'clock. Then I proceeded home; as I went up Tottenham-court-road, the watchman was crying past two o'clock; when I came up to my door and put the key in, a man came up to me and said you have got a key; I said yes, the key of my own house. The man pushed me into the house, upon which two or three men ran up stairs together. I said what is this in the house? I was quite stagnated; they took me into the kitchen, and the landlord came and gave charge of me.

Johnson. There was not so much as any apparel in the house which he and his wife had pulled off on Sunday.

Prisoner. I had two suits of clothes of mine out at the scowerer's, and some I had sold to a clothes-seller.

To Johnson. Are you sure there was no apparel in the house? - Yes, I examined the house very carefully; there were no shoes, stockings, gowns, shirts, or any other article of wearing apparel whatever.

Prisoner. My linen was in the house; the house might have been robbed.

For the Prisoner.

ROBERT WARBURTON sworn.

I get my living by writing. I used to write for the prisoner, who is a German. I was at his house the day the house was on fire, which was a Sabbath day, the 5th of March. We left the house about seven o'clock.

Who was in the house when you left it? - Nobody.

Did you observe the dog? - When I was down in the kitchen writing, I observed the dog come in several times.

Where did you leave the dog? - I do not recollect. I did not see the dog when we came. I think if he had been out he would have followed his master. We went together as far as Red-Lion-square; he said I must go back to Oxford-street, for I have forgot to leave the key with my wife; I said as you have got so far you had better go forwards, as she is at a friend's house, they may not think much of sitting up a little; upon my saying so he went forwards.

Did he tell you where his wife was? - He said she was at friend's house in Oxford-street. He did not signify the person's name then, but I know it now. When we came to the farthest part of the square, there is a passage which I knew would lead me towards my home; I said I must wish you good night; he said I am going to Tower-hill, on a little business, if you will go with me, I will treat you with a couple of pints of beer, and you will have an opportunity of seeing the paper, which you say you have not seen some time. We went to the Hamburgh Arms on Tower-hill; we staid there till about half after nine at night.

What did he buy there? - A bottle of drops, with a German, and desired the German direction to be taken back and an English one brought, that I might read it; he paid for the two pints of beer, put the drops into his pocket, and we came away together as far as Aldgate; there we parted. He said he was going to Shoemaker-row.

Where is your home? - At the top of Golden-lane, Old-street.

Cross Examination.

How was you employed that evening at the prisoner's house before you went out? - The first thing he set me about was writing an advertisement for the publick paper, as an advertising tailor, to make things low; then he set me about paging this book (producing a quarto book) I began making the alphabet but did not finish it.

Is that the advertisement you wrote (shewing the witness a paper)? - This is not the advertisement. I wrote this in prison the Tuesday after he was taken up.

Did not you produce this very paper before the magistrate, as the paper you then wrote? - I did not swear it, I produced it.

For what purpose did you produce it, did not you produce it as the paper you wrote the Sunday before at the prisoner's house and the very paper he wrote at his house? - I told them I wrote it at his house.

You afterwards acknowledged it was written in Clerkenwell Bridewell, to serve the Prisoner? - Yes, to supply the other which he had lost.

ANN CHAPMAN sworn.

My father keeps a publick-house, in Shoemaker-row, near Aldgate. On Sunday the 5th of March the prisoner came to our house between nine and ten o'clock; he staid till about ten; I made him some Hollands and water. He left a bundle there.

Court. What was in the bundle? - A great coat only.

NICHOLAS FARRAH sworn.

My brother and I keep the King's-Head alehouse, in Covent-garden. The prisoner came to our house on Sunday night the 5th of March, between eleven and twelve to the best of my knowledge; he staid an hour; he had a pint of brandy hot.

Did he go out, or fall asleep? - He laid his head upon the pot for a few minutes; I do not know whether he was asleep, or not.

HUGH LINNETT sworn.

I am waiter to Mr. Farrah. The prisoner came to our house on Sunday night, the 5th of March, between eleven and one o'clock, and had a pint of Brandy hot.

Court. Do you recollect what time he went? - No, I was busy; I do not recollect; to the best of my rememberance, he was there about one o'clock.

MARY WILEY sworn.

I live at No. 424, in Oxford-street, Mrs. Breeme came to my house on Sunday, the 5th of March, I think, between five and six o'clock. I went home with her between ten and eleven. We found the dog on the outside of the door. Mrs. Breeme knocked at the door; I think if had not been fast it would have opened. When she found she could not get in, I said go back to my house and lie with me as my husband will not come home to-night, which she did.

Court. She often lay at your house? - Never before.

Though the door was not open between ten and eleven did she not expect Mr. Breeme would come home? - When she came she said Mr. Breeme was going out and she expected he would call for her; she staid till after ten, then she began to be uneasy, and said she would go home.

Is she an intimate acquaintance of your's? - Yes.

Were any of her clothes at your house? - No.

How long did she stay? - She went home between six and seven in the morning.

Had you heard what had happened before you went home? - No, she sent for me afterwards to her house; I went and she told me she was taken up on account of the fire; I went with her to the Rotation-office in Litchfield-street; there she was discharged.

Do you happen to know what is become of her clothes? - No. The next morning, when they sent from Litchfield-street to search the house her clothes were in a trunk.

Johnson. I said there were no clothes they had pulled off that day. I recollect some petticoats in a box.

Wiley. There was Mrs. Breeme's gown and petticoats, and I think sheets.

Was there any linen? - I did not observe.

JAMES HEBBETT , Esq. sworn.

I have known Breemeever since he married his present wife; she is a relation of mine, he had a fortune with her, I believe nine hundred pounds, in the stocks. I was left trustee to her mother. I never heard any thing against him; he was the last person I should have thought of doing such a thing.

ABRAHAM DESERME sworn.

I was sent for on account of this affair; there was a man looked over the goods. Mr. Breeme opened a box, it was three parts full of clothes, aprons, shifts, and gowns; the box was about two feet and an half wide. I believe I have known Breeme seven years. He was an honest, industrious, sober man.

(The prisoner called eight other witnesses who gave him a good character.)

( The Jury found a Special Verdict, subject to the opinion of the twelve judges ; the substance of which was, That he willfully and maliciously set on fire and burnt this house; that the house was on lease to him for the term of three years, from Mr. Tuppen, who was possessed of it for a term of ninty-nine years under Mr. Bolton.)

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

Reference Number: t17800405-51

213, 214. ISAIAH MOSES and LEVI JONAS were indicted for stealing a hempen sack, value 1 s. and twelve wooden pails, value 24 s. the property of John Good , March the 10th .

DANIEL DOCURE sworn.

I am a carrier and higgler. On Friday the 10th of March, as I was coming to town with a cart, William Lee called to me, that I had lost a parcel, and pointed out the prisoners. We followed the two prisoners into the fields behind the alms-housen in Shoreditch-road, there were two other men with them

with a dozen of new pails, which I had lost out of my cart, they appeared to be parting of them. They had taken five out of the sack. William Lee was gone after the men. The wheeler and I followed them; Lee took the two prisoners.

Court. Are you sure the sack and pails you found in the fields were those you lost? - Yes. They were new pails, there was a direction nailed on the pails. When I found them the direction was off, but the nails remained in the pails.

WILLIAM LEE sworn.

I am a watchman. As I was coming to town in the morning I saw the two prisoners and two other men unskewer the cart and take the property out; they laid it down on the road; then they went underneath some new houses about a couple of poles from it in the path-way. When I came opposite to them they went to the property again, and took it up, and went over a gate into the fields.

Did all the four men keep together? - Yes. I went after the young man, and told him his cart had been robbed. He and I went back into the fields, and saw them with the things.

Afterwards you took these two men and the other two escaped? - Yes; they were never out of my sight till we took them.

How came you to suffer them to rob this cart, when you saw them, without informing the the person of it? - I did not dare attack them by myself; as soon as they were in the field I went after the cart and informed him of it.

Court to Docure. Who did you receive the goods from? - John Good ; I took them up at Puckridge in Hertfordshire.

PRISONER's DEFENCE.

This man said at the justice's he could not swear to either of the men. He said we were neither of the men, nor were we concerned in it.

To Lee. Are you sure the four men you saw in the field were the same four you saw take the sack out of the cart? - Yes; and that the prisoners are two of those four men.

Did you swear positively at the justice's that they were the men? - Yes.

BOTH GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

[Fine. See summary.]

Reference Number: o17800405-1

*** John Franque, otherwise Franks , John M'Cormick , Robert Hughes , Robert Andrews , Richard Palmer , John Benfield , and William Turley , were executed at Tyburn on Wednesday April 12.

Reference Number: s17800405-1

The TRYALS being ended, the Court proceeded to give Judgement, as followeth:

Received sentence of death, six.

John Sparrow , Thomas Williams , otherwise Charles Calloway, John Carr , James Harley , Francis Thomson , and Susannah Flood .

Navigation five years, one.

William Bagnall .

Navigation three years, one.

James Penticross .

Whipped and imprisoned two years, one.

Charles Barlow .

Whipped and imprisoned 12 months, two.

Jane Sophia Taylor , and Ann Daniel .

Whipped and imprisoned 6 months, four.

William Chapman , Sarah Algin , Jane Morris , and George Orford .

Whipped and imprisoned 3 months, one.

Moses Fonzeca .

Whipped and imprisoned 2 months, one.

Ann Wood .

Whipped and imprisoned 1 month, one.

John Davis .

Imprisoned 12 months, one.

David Davis .

Imprisoned 6 months, one.

Thomas Lee .

Whipped, six.

Thomas Martin , Sarah Baxter , Mary Smith , William Smith , William Austin , and Hannah Wharton .

Fined 1 s. seven.

Joseph Giroud , James Grant , George Neale , Levi Lara , Margaret Dunnage , Isaiah Moses , and Levi Jonas .

Reference Number: s17800405-1

*** John Franque, otherwise Franks , John M'Cormick , Robert Hughes , Robert Andrews , Richard Palmer , John Benfield , and William Turley , were executed at Tyburn on Wednesday April 12.

Reference Number: a17800405-1

This Day is published, Price Half a Guinea, DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

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.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

Reference Number: a17800405-2

This Day is published, Price Half a Guinea, DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

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.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.

Reference Number: a17800405-3

This Day is published, Price Half a Guinea, DEDICATED (with Permission) to the KING, BRACHYGRAPHY; Or, An easy and compendious SYSTEM of SHORT-HAND, ADAPTED (After more than Forty Years Practice) to the various Sciences and Professions By the late Mr. THOMAS GURNEY .

The NINTH EDITION, considerably improved according to the present Method, By his Son and Successor JOSEPH GURNEY , (WRITER OF THESE PROCEEDINGS)

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.

*** Trials at Law, and Arguments of Counsel are taken in Short-Hand, by J. GURNEY.


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