Old Bailey Proceedings, 30th May 1781.
Reference Number: 17810530
Reference Number: f17810530-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 30th of May, 1781, and the following Days;

Being the FIFTH SESSION in the Mayoralty of The Right Honble. Sir WATKIN LEWES , Knt. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY .

NUMBER V. PART I.

LONDON:

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

MDCCLXXXI.

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 Sir WATKIN LEWES , Knt. LORD MAYOR of the City of London; The Hon. EDWARD WILLES , Esq. one of the Justices of his Majesty's Court of King's-Bench; The Hon. Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; JAMES ADAIR , Serjeant at Law, Recorder; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Barnet Bailey

William Sharpe

John Oram

Francis Dorrell

Richard Burch

Noah Roberts

Parker Carrier

John Butcher

Edward Olds

Thomas Smith

William Layton

Thomas King Thompson

First Middlesex Jury.

Thomas Vardy

John Stone

Robert Willerton

George Martin

William Dickens

William Clarke

John Cook

John Pickering

James Morris

William Barlow

Ralph Walker

Joseph Leger

Second Middlesex Jury.

Francis Jones

James Hird

Jonathan Bethell

Benjamin Cook

Benjamin Wortley

John Eldridge

Thomas Warr

James Godin

Robert Faulder

Anthony Iseton

Thomas Skeggs

John Smith

Reference Number: t17810530-1

284. ELIZABETH, the wife of Thomas HARRIS , was indicted for the wilful murder of her new-born male child , May the 14th . She likewise stood charged on the Coroner's inquisition, with the like murder.

- MACDONALD sworn.

I am Lady Carysford's maid. The prisoner was nurse at Lord Carysford's house. She nursed a child there: the child she nursed will be two years old next month; she had been from its birth in the family.

Is she a married woman? - Yes: her husband is a servant in another family.

Relate all you know of this unfortunate matter. - I went into her room on the 14th of May, about noon. The prisoner was sitting on the bed-side, and I observed blood upon the floor near where she was sitting. I asked her

"what was the matter?" she said, she was ill, but did not tell me the cause of her illness. I left the room immediately, and went and told my Lady. There were, I think, two of my Lady's children with her; the one that she nursed, and another three years and an half old.

How long before that had you seen the prisoner? - I had seen her in her room that morning, some hours before: she then complained of a pain in her head. My Lady came down stairs with me; my Lady asked her

"how she did?"

Relate the questions Lady Carysford asked, and the answers given by the prisoner. - I don't think I heard her answers. My Lady came out of her room into the next room with me, to speak to me; I told my Lady what I suspected; then my Lady returned into the room; I heard my Lady tell her

"she was ashamed of her;" the prisoner asked for what? my Lady said,

"for having been with child."

Had it been known or suspected in the family before, that this young woman was with child? - Yes; it had been suspected some time by the servants, but nobody had ever told my Lady of it. She said, she had not been with child, as she knew of. My Lady ordered me to go down stairs, and send for a midwife; I went down, and told the man to fetch the first midwife he could meet with. My Lady went down stairs, and I went up and sat in the room with her till the midwife came; I don't recollect that any conversation passed between us. Some time after the midwife came (her name is Sarah Tuffnell ) she came up stairs, and asked the prisoner

"what was the matter?" I think the prisoner told the midwife, that she had miscarried; I am pretty sure she did say so. After some enquiries, the prisoner desired the midwife to look into a box, which was under a small bed in the room, opposite the bed she sat upon. That box was locked; I think the prisoner gave her the key, but I was in a great deal of confusion, and cannot exactly recollect: when the box was opened, I gave but one look into it, and saw a child; but I was so frightened that I don't know whether it was its back or face that I saw: the midwife mentioned a wound, and at that one look I gave, I saw a wound, but I did not make any particular observation upon it.

After the child was found, what did you hear the prisoner say? - The midwife asked her

"why she had cut its throat?" she cried very much, and said, she did not. The midwife asked her

"what she did with those ugly scissars, which the midwife said were in the box?" I did not see them in the box, but I saw them outside the box. The prisoner said, she made use of the scissars to disentangle the child.

Do you recollect the midwife making any reply to that? - I do not: she asked her for the after-burthen; the prisoner said it was in the box with the child. It was not there, for it was not come away at that time. I remember, in the course of the day, I asked her

"if she had prepared any baby-linen for the child?" she told me, I should find some in a drawer at the foot of her bed; I looked there, and did find some.

Were they the sort of things that are usually prepared for a new-born infant? - They were.

You said it had been suspected in the family for some time that she was with child? - Yes.

Had you known of that suspicion? - Yes.

Had you, or any of the servants, been able, from observation, to form any judgment how far she was gone with child? - I believe every body thought she must have been near her time, for we had noticed her great with child for three or four months.

She was not so big, however, that it had come to the observation of your Lady? - My Lady, I believe, suspected it a little before it happened, or rather that she had got some dropsical disorder.

You said the prisoner had lived near two years in the family: what character had she in the family? How had she behaved herself? -

She took good care of the child she nursed, and was an inoffensive woman; she discharged her trust well, and behaved very civil and well to every person in the house.

Had she appeared to be tender to, and fond of children? - Yes; she was remarkably fond of the child she nursed.

Did you make any observation, particularly, in what manner she behaved when the child was discovered in the box? - She cried, and seemed much distressed; but denied knowing any thing of the murder; she denied having done any violence to the child.

Did you observe the scissars? - I don't recollect any thing about the scissars after.

Do you happen to know whether these were the scissars she usually had, and carried about her? - I do not know that circumstance; I know she had a pair of old scissars.

Cross-examination.

When the midwife came, the prisoner told her she had miscarried? - I think she did.

She told her so voluntarily? - I think she did.

And she directed the midwife to the box where the child was? - Yes.

SARAH TUFFNEL sworn.

I am a midwife; I was sent for to Lady Carysford's; I was conducted up to the prisoner's room, by my lady's orders; I asked her,

"How she did?" she said, Very poorly, or to that purpose. I said,

"You have had a child, or else have miscarried." I formed that opinion, from seeing the floor bloody near the bed. She said, she had not. I pressed her farther; I said,

"I was sure she had;" and I insisted upon knowing where it was. She pointed with her hand to a box that was under the bed, and said, It was in that box.

Did not she first say she had miscarried? - I don't recollect that she did.

Do you recollect that she did not; or have not you a certain recollection about it? - I have not.

Did she seem much confused, or afflicted? - She seemed to give very odd answers at times, as if she was not quite right in her head: I was not used to her before; but she seemed very odd and pale.

She must certainly have been pale from her situation. Did she appear much agitated in her mind? - Yes, I think she was; she gave the key either to Mrs. Macdonald, or me, I can't be sure which: I opened the box; upon opening it, I found a fine male child, with an incision in its throat.

From the view of the child did it appear to be a full grown child, or as having come before its time? - The child appeared to me to be full grown, or nearly; I saw an incision in the neck, under the throat.

What kind of appearance had it? - It appeared to me as if it had been cut.

Was it a large wound? - I did not take particular notice of the length of it, but I saw that it was not from ear to ear.

Did you observe whether it was a deep wound? - I observed the skin was cut, but I did not observe whether it was a deep wound.

Did you observe whether the windpipe was cut? - I did not; I was much frightened, and shut the box down again.

And you did not observe whether the wound was deep, or superficial? - I did not.

Did you, or any person in your presence, examine the wound afterwards? - No.

From the appearance of the child was it possible for you to form any judgment whether it had been born alive or dead? - I cannot positively say; it might have been strangled with the cord.

After you found the child, what questions did you ask the prisoner? - I asked her

"How she came to cut its throat?" she said, She found something hung very much, and she thought the child was entangled; (she said) she knew nothing of cutting its throat.

Did she say what she had done to disentangle it? - I told her,

"She had used those scissars;" she said, If it was done, if it was cut, she had done it by disintangling it. I said,

"What did you use those scissars for?" she made no answer then, I believe; but there was nothing else but these scissars to have done it with.

Had you seen the scissars at all? - Yes; and they seemed to be a little bloody: I asked her,

"Where the after-birth was?" she said, It was with the child; I looked for

it, and could not find it. I said,

"It is not come away;" she said, It was, and she did not know where it was, if it was not with the child. I afterwards brought the after-burthen from her; I might have been there three quarters of an hour before I took it away.

Could you form any judgment, from the appearance of the woman, whether she had had a difficult or an entangled labour? - No, I could not form any judgment; but it is likely she might, for want of assistance.

But if she had been in the situation she described to you, with the child much entangled, and without assistance, must she not have been in great pain and agony? - To be sure she must.

When children in the birth are entangled with the string, is it not usually about the neck? - Yes.

If the child had been so entangled, from your observation of the wound upon the neck of the child, was it or not possible that that wound might have happened in her attempt to extricate it? - It is very possible, and very probable, that she might not be capable, at that time, of knowing what she did in her extremity.

Am I to understand you, that, if the child was so entangled with the string about its neck, it is possible that that wound might have been given in the attempt to disentangle it? - It might with an unskilful woman; especially with her, if she was not in her senses.

I believe it is not an unusual thing for children to be entangled about the neck? - It is very common.

Do you recollect any thing else that is material? - No farther than that, while I was with her, she appeared sometimes to be delirious.

- KING sworn.

I am beadle of Marybone parish. I was sent for to the Rotation-office, and was directed to apply to the coroner, for him to summon a jury; the jury were summoned, and sat.

Was any surgeon sent for, to examine the body of the child? - No, the jury and coroner thought there was no occasion.

Court. They both thought extremely wrong.

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

NOT GUILTY .

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

Reference Number: t17810530-2

285. THOMAS HALL was indicted for stealing four wooden chests, value 2 s. an hempen bag, value 1 s. and 460 pound of tea, value 127 l. the property of John Page , March the 14th .

There being an error in the indictment, the prisoner was found

NOT GUILTY .

Reference Number: t17810530-3

286, 287. NICHOLAS PORTER and EDWARD HOBBS were indicted for stealing three fat hogs, value 3 l. the property of Jacob Simmons , January the 29th .

There being an error in the indictment, they were both found

NOT GUILTY .

Reference Number: t17810530-4

288, 289. NICHOLAS PORTER and EDWARD HOBBS were indicted for stealing two live pigs, value 30 s. the property of Thomas Alsop .

There being no evidence to bring the charge home to the prisoners, excepting the testimony of an accomplice, they were both found

NOT GUILTY .

Reference Number: t17810530-5

290, 291. NICHOLAS PORTER and EDWARD HOBBS were indicted for stealing a sow pig, value 30 s. and a barrow pig, value 30 s. the property of Thomas Tyrrel , February the 1st .

There was the same defect in evidence.

BOTH NOT GUILTY .

Reference Number: t17810530-6

292, 293. NICHOLAS PORTER and EDWARD HOBBS were indicted for stealing two barrow pigs, value 40 s. a sow, value 40 s. and a sucking pig, value 5 s. the property of Bright Hemming , October the 15th .

There was the same defect in evidence.

BOTH NOT GUILTY .

Reference Number: t17810530-7

294. NICHOLAS PORTER was indicted for stealing two fat hogs, value 40 s. and eighteen live fowls, value 9 s. the property of George Watson , January the 12th .

JOHN WATSON sworn.

I am the son of the prosecutor. My father, on the night of the 12th of January, lost a sow and a barrow pig, and eighteen fowls, as mentioned in the indictment; the pigs were white; they were very remarkable, for the dogs had torn their ears, and slit them very much: I was informed that the pigs and fowls were stopped at Paddington; I went to the White Lion, at Paddington, and there I saw them; I am sure they are my father's property.

THOMAS SMITH sworn.

I live at Westborn-Green. I happened to be at the Red Lion there, in company with Charles Sexton , on the evening of the 12th of January, at about seven o'clock. I sat there. Porter, and the accomplice, were drinking there. The woman of the house expressed a suspicion that they were not upon an honest errand; they had a cart and a horse with them; they left this place in the evening. I afterwards was, between one and two in the morning, upon the road, and there I saw Porter, and the accomplice William Lake, returning with this cart and horse; I looked into the cart; there was straw over something that was in the cart: I could not tell, as the cart was going on, whether there were hogs or sheep in the cart. I followed them, together with Charles Sexton , to Paddington; when they came to the turnpike there, I attempted to stop them; they ran away, and left the goods; I took them back to the turnpike; the turnpike-man advised us to send for a Mr. Cross, who had served the office of constable; Mr. Cross came, and the goods were taken to the White Lion, at Paddington, and left there.

( Charles Sexton confirmed the evidence of Thomas Smith .)

- CROSS sworn.

I was sent for, and came to the turnpike, at Paddington, about three in the morning, on the 13th of January; the cart was there with two live hogs, and eighteen dead fowls in it; I took them to the White Lion; upon examination of the cart, there was a board upon it, which had written upon it, NICHOLAS PORTER , near ADAM-STREET, EDGWARE-ROAD, COMMON STAGE CART.

WILLIAM LAKE sworn.

Nicholas Porter and I went out on Friday night, the 12th of January, with a cart and horse, on purpose to steal fowls or hogs, or anything we could find. We drank at a public-house, at Westborn-Green; these two young men, Smith and Sexton, were sitting there. From thence we went to Mr. Watson's; we went into a field, and went round the back way, where the hay was; he handed the fowls to me, and I pulled their necks; there was a middle sized-dog, who kept barking all the time. We heard somebody coughing in the house; the prisoner bid me stop till they had done coughing, which I did; we counted the fowls; there were eighteen of them. Then he bid me drive the geese up; I went; there were some rails across a little pond; the geese went under the rails, and escaped. Then I told him, there were some hogs; he went directly and turned them out, and he desired me to take the fowls. There was a large fat sow, and a large barrow pig; they appeared to me, in the night, to be quite white; we drove them away towards home, and then up a lane, out of the road, in order to run them down, and tie their legs; after we had so done, and tied their legs, the prisoner got a large stick out of the hedge, clapped under them, and put them into the cart.

Coming along, we met the same two men upon the road; we bid them good night; one went by the side of the cart, and tried to look in, to see what was in it; I do not know whether he could or not see what it was, because we threw some light straws, and I think a sack or two, over the hogs. When we came to Paddington-turnpike, they strove to stop us; the turnpike-man would not stop us, but opened the gates. Porter desired me to lay hold of the head of the horse; he said, Come to Covent-Garden, I will not go to Smithfield this morning; which was to make the men believe he dealt at Covent-Garden. After we got through that gate, we jumped over into the fields, and ran home as hard as we could; I had not been home above five minutes before Porter came to me; I believe he desired me to get away directly; we went away for about a fortnight, I believe, and were in Westminster; my wife lay in at the time.

PRISONER's DEFENCE.

I am quite innocent of the affair.

GUILTY , N.two years .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-8

295. EDWARD HOBBS was indicted for stealing a live sow, value 40 s. and a live hog, value 30 s. the property of Martha Laurel , Widow , December the 11th .

There being no evidence to bring the charge home to the prisoner, excepting the testimony of the accomplice, he was found

NOT GUILTY .

Reference Number: t17810530-9

296. SUSANNA FOSSETT was indicted for stealing a silver table spoon, value 10 s. the property of John Riley , March the 26th .

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

NOT GUILTY .

Reference Number: t17810530-10

297. LETITIA BLAKE was indicted for stealing a cotton gown, value 8 s. the property of Mary Foster .

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

NOT GUILTY .

Reference Number: t17810530-11

298, 299. LAURENCE WEBB , and JOHN CALCOTT otherwise COCKETT , were indicted, for that they, in a certain field near the King's highway, in and upon Louis Francis Dumey , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a silver case, value 30 s. a pair of silver shoe buckles, value 19 s. a pair of leather shoes, value 2 s. a pair of stone knee buckles, value 10 s. a man's hat, value 10 s. three pair of silk stockings, value 20 s. a cotton handkerchief, value 2 s. and a crown piece and two six-pences in monies numbered, the property of the said Louis Francis Dumey , April the 17th .

LOUIS FRANCIS DUMEY sworn.

I belong to Covent-Garden Theatre ; I am a dancer . On the 17th of April, I was attacked by four footpads, at just after twelve at night, as I was going to my house, near the Boot, by the Foundling Hospital. I had been at the theatre; it was very dark; I was alone. I met two at first; one said, Your money! I went back two or three steps, and asked them, What they wanted? When I was four or five steps from them, I thought, as I was so much nearer town, I could make my escape; I ran about fifteen yards.

You trusted to your legs? - Yes; but the thieves were too nimble for me. Seeing the man was near me, I turned back; I thought I might save a blow. I turned round, and put my cane up; I saved a blow by catching hold of his hand. He struggled a little while, then there came up the other three; they stood at some little distance: the man that turned round upon me, took me by the collar, and I collared him; he took hold of

my hair, and turned me round; my cane dropped; they all came up to me, and I was cut very much upon the head; I lay senseless. I only felt one blow upon the head, the others I never felt: I kept my bed four days. When I came to my senses, I found an hanger under me: they took my hat, three pair of silk stockings, which I had in my pocket, my shoes and silver buckles, a pair of stone knee-buckles, an handkerchief, a Charles the Second's crown, and two sixpences. When I recovered my senses, I found them robbing me: one was tearing the knee-buckle out of my knees; I felt every motion of theirs: one said to another, Have you got the pistol?

What answer was made? - None. One had one of his knees on my cheek, and the other knee on my ribs: that man staid the last.

As it was a very dark night, should you be able to know them again? - No: I could not see them at all: they first kept at so great a distance from me, that I could not discern any human faces.

You cannot tell whether they had their own hair, or wigs? - They had short round hair every one; that is all that I can tell of them.

THOMAS CARPMEAL sworn.

I belong to the office in Bow-street. I took the prisoners on the 22d of May, about seven in the morning, in Blue Court, Saffron-hill. Calcott was in bed with two girls and another man; that man made his escape going to prison. While I waited in that room, they took Webb in another room. There was not any thing found upon Calcott; the other had eleven bullets in one pocket, in the other he had some loose gunpowder; his name is Stonnell. I found nothing upon the prisoners: after they were taken, we searched the house of Cecilia Brown , where we found this watch.

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

CECILIA BROWN sworn.

I bought this watch and a pair of silver buckles for two guineas and an half. I think it was in April; it was on a Wednesday morning: the buckles were broke, and sold for old silver. I bought the watch of Webb; he went by the name of Larry. I bought the buckles of another man.

Did he often use to come to your shop? - He has been there three or four times.

Who did you buy the buckles of? - The Countryman; he is not taken yet: Calcott was in company when I bought the watch of the other, but he did not sell the watch: they were both in my house at the time I paid all the money to Webb. One always takes the money.

You deal a good deal in this way? - No.

Was it morning or night, they came to you? - About nine in the morning.

Larry has come to your shop before? - Three or four times.

CHARLES JEALOUS sworn.

I took Webb on the 22d in the morning, at White's Yard, Saffron-Hill. He was in bed, and a girl along with him.

Did you find any thing upon him? - No arms, nor any thing: he asked me what I took him for; I said, I had an information against him for a footpad robbery: we had had information of him by this woman.

You have heard of his having been at sea? - I have heard he deserted from the St. Alban's; but how true that is, I can't tell.

WEBB's DEFENCE.

I was sitting at that house; the Countryman came to me; he said he had been with some girls of the town, who had robbed him of his money, and he had not a farthing left, without he could sell his watch; I said, I heard that a woman opposite bought all sorts of things. He asked me to go along with him; I went with him, and she bought the watch. I should have been at sea before now, only I am not in a condition to go to sea.

To Brown. How many came with this watch and buckles? - Three.

How long before had Webb been with you? - He lived with Lydia Hall for two months; then he left her, and took up with another girl.

You are a married woman? - Yes.

Webb. If I had been concerned in the robbery, I should have had the silk stockings and other things, as well as the watch.

(There not being any evidence to affect Callcott, he was not put upon his defence.)

BOTH NOT GUILTY .

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

Reference Number: t17810530-12

300, 301. LAURENCE WEBB and JOHN CALCOTT , otherwise COCKETT , were indicted for that they, in the king's highway, in and upon Thomas Hine , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person five shillings and four-pence halfpenny, in monies numbered, the property of the said Thomas , May the 15th .

THOMAS HINE sworn.

I am a watchmaker. I was attacked in the New Road, Islington , leading down by the Small Pox Hospital, by a place called Pleasant Row: it was between ten and eleven o'clock, on the 15th of May. I was going home from London to Pleasant Row; Calcott first came up to me; it was a dark night, considering the time of the year: he accosted me, but what he said I don't remember; but he gave me a touch of the elbow. The next that came up to me was Webb; he had a bludgeon in his hand; he stood with the bludgeon lifted up in a position to knock me down; he said, Your money! I was about 100 yards from my own house; I thought I could run home; I was getting off the foot-path, to get upon the road; upon which Calcott took me by the collar: he was buttoned up quite close; he got his hand in under his coat, as if he was drawing something out. I looked over my left shoulder, and saw two more men advancing up; they called out, D - n his eyes! what, does he resist? blow his brains out! As soon as the other two closed up, they pushed off my hat, and held it before my face; it was pushed off behind, but Calcott, I imagine, held it, for it was held even flat against my face; then Webb rifled me; I lost five shillings in good silver, a bad shilling, and four-pence halfpenny; one was a halfpenny, three parts cut. When they took that five shillings, they said, What money have you got about you? I said, I had a little silver, which you have got, and a few halfpence in my waistcoat pocket; they took them out instantly; then they asked me for my watch; I said I had not one; they felt me all the way down, from my head down to my shoes; my watch I kept in my hand all the time.

How long did they stay with you? - About ten minutes; then Calcott led me on towards my home, for two or three yards; he held my hat before my face; then he said, Walk on, make no noise, and no resistance; if you do, you are a dead man. When he was gone, I looked over my shoulder, and saw them walking up the hill towards Islington.

They were not disguised? - No: nothing over their faces. Webb had an old round hat on when he committed the robbery; there were no lamps upon the road; my own lamp at my door was not lighted: there had been so many robberies committed on the road, that I took my watch out, and put it into my hand, when I came into the road at the Angel at Islington. I was robbed on a Tuesday night; on the Wednesday I was sent for to Bow-street; I went on the Friday; I enquired at the office; they told me the foot-pads were in at the public-house; they asked me if I had seen them; I said I had not: I was asked to go into the public-house, to see if I knew them; I went into the tap-room; there were fifteen or sixteen people there; I was desired to look about to see if I knew any body; I looked about, I fixed upon Calcott; they asked me if there was any body else; I said, no, there was not. I was desired to go into a back-room; there were about ten or a dozen there, I believe: when I came out again, a man asked me if any body I knew was there; I said, yes, the little man that has

got an apron on, is the man that rifled me, but he has now got a cocked hat on; when he rifled me, he had a very old round hat, and his hair hung down below his face; that was Webb; I understood they were all four in custody; I did not see the other two.

Did you discern the faces of the other men? - I cannot say I did observe them; they came up side-ways, and I had my hat before my face.

What dress had Calcott on? - A drab-coloured coat.

Calcott. He said, a light-coloured coat, before the justice.

Hine. It was a drab-coloured coat.

Calcott. He mentioned before the justice, that some people had seen me drinking at a public-house in the neighbourhood.

Hine. I understand there were people that saw them there, but they are not here.

Webb. The gentleman said, I had a round hat on, and my hair hung over before my face; if I had had a round hat on, he could not so positively swear to my face. I never was in custody before.

How could you see his hair, when his hat was on? - His hair came below his hat, and I saw his face very plain when he stood with the stick up, as I mentioned before.

THOMAS CARPMEAL sworn.

I took Calcott the 22d of May, at about seven in the morning; there was another man in bed with him, and two girls; as we were taking them to the prison, they both jumped out of the coach, one at one door, and the other at the other; we jumped out after them, and took Calcott, the other escaped. I was along with Mr. Hine when he picked them out; he said, when he gave the information of the robbery, at the office, that he should know two of them.

CHARLES JEALOUS sworn.

I took Webb in bed the same morning; there was a woman with him; he did not offer to make any resistance.

CALCOTT's DEFENCE.

When I was taken to the justice's first, as there was nothing to affect me, and I had escaped from the ballast-lighters three years ago, I tried to make my escape, for fear I should be carried there again.

WEBB's DEFENCE.

The gentleman accuses me quite wrongfully.

To the prosecutor. How do you know it was Webb who rifled your pocket, as your hat was before your face? - He was at it before the hat was put before my face.

BOTH GUILTY . ( Death .)

Prosecutor. My Lord, I believe, if it had not been for Calcott, I should have been used very ill; he said, Don't make any noise, or resistance, and they shan't use you ill.

Webb. This man (Calcott) is as innocent as the child unborn.

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

Reference Number: t17810530-13

302, 303. BENNETT HARBOURNE and HENRY HASLAM were indicted for stealing a watch, with the inside and outside cases made of base metal, gilt with gold, value 20 s. a base-metal watch chain, value 12 d. and a stone seal set in silver, value 6 d. the property of Frederick Bossey , May the 8th .

FREDERICK BOSSEY sworn.

I am a physician . On the 8th of this month, I lost my watch, in the Opera-house; I was going into the Opera-house; I saw both the prisoners, one of them pressed me; I thought he was forcing to get before me into the gallery; in a little time he went behind me, and then I missed my watch; upon my saying, I had lost my watch, Harbourne ran down the stairs; I laid hold of Haslam, and called out to the people to stop Harbourne; he was stopped, and a constable immediately held up my watch at the door of the Opera-house; I came down the stairs, and saw the watch was mine; there was not much croud at the time.

From Haslam. Did I run away? - No.

JOHN MITCHELL sworn.

I am a peruke-maker. I was at the door of the Opera-house, opposite the gate; I picked up the watch at the door, on the pavement; I saw it drop, but cannot swear that the prisoner dropt it; it fell on a lady's toes, and then on the pavement; a constable had hold of Harbourne, and was bringing him back at the time; Harbourne was close to it when it dropped.

DAVID MILLS sworn.

I am a constable. I was attending at the Opera-house; there was a cry of, Stop thief! or, Pick-pocket! Another constable brought the prisoner, Harbourne, in; this man gave me the watch, which he had picked up; I did not see it in the possession of Harbourne.

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

ELIZABETH EASTED sworn.

I am servant to Mr. Bossey. I was going into the Opera-house with him, to take care of his three children; my master said he had lost his watch; and I saw Harbourne run away; my master laid hold of Haslam: that is all I know.

- sworn.

I am a constable. I was standing near the Opera-house door, in the Haymarket; there was a cry, The watch is dropped! The watch is dropped! This man took it up, and brought it into the Opera-house; I did not see it drop.

(There being no evidence to affect Haslam, he was not put upon his defence.)

Harbourne. I leave my defence to my counsel.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-14

304, 305, 306. WILLIAM PYKE , CHARLES WEST otherwise THOMAS COLLINWOOD , and JOHN ROBINSON , were indicted for that they, in the King's highway, in and upon Joseph Willgoose , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a guinea, and 8 s. 6 d. in monies numbered, the property of the said William , April the 7th .

JOSEPH WILLGOOSE sworn.

I am a breeches-maker and glover , at Westminster; I work at Hampstead. On the 7th of April I was robbed, coming from Hampstead , about half after eight at night, by Pyke and Robinson; Collinwood I am not positive to, but the other two I am positive to; there were five of them in the whole. I lost a guinea and 8 s. 6 d. which was wrapped up in a piece of white paper.

Was it light, or dark? - Twilight. I was sent for, on the Monday se'nnight, to the Rotation-office; there I saw the prisoners; I knew them as soon as I saw them; I was clear, when they robbed me, I should know them again; they were in no disguise at all; the middle one, Pyke, had a scar on his cheek; Robinson was of a fair complexion, and his own hair; I can swear to him. I advertised them; the runners, knowing where I worked at Hampstead, sent for me; when I came there, the three prisoners, and another, were in the office, who was charged with breaking open an house in Bloomsbury. I was asked by the clerk, Whether I should know the persons that robbed me, if I saw them again? I said, I should know them in my conscience; I went through the office, and pointed out the three prisoners; but was not sure, in my conscience, to Collinwood.

Pyke. He said, at the justice's, one of the men that robbed him, had a mole on his cheek. - I have not the advertisement here; I described him as having a mole.

Pyke. I have a cut on my cheek; it is plain it is no mole.

Collinwood. He swore more positively to me than the rest, till I proved I was in gaol

at the time, and then he swore more positively to the other man.

Pyke. He swore Collinwood was the first man that stopped him, and demanded his money: he is a private soldier in the guards; he has been hired by the runners to swear against us.

Did you swear positively to Collinwood, before the justice? - I swore to those three, but were not positive to Collinwood.

(He is shewn his information before the justice.)

Is that your hand-writing? - Yes.

(The information was read, in which it appeared, he swore positively to Collinwood before the justice.

NICHOLAS EVANS sworn.

I keep the Coach and Horses, Bloomsbury-square. I know nothing of the robbery; I apprehended them on the 13th of May; but I found nothing upon them.

ALL THREE NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-15

307. MARY NASH , spinster , was indicted for stealing a silk gown, value 5 s. three linen gowns, value 10 s. two cotton gowns, value 11 s. a dimity petticoat, value 3 s. a linen petticoat, value 2 s. three dimity petticoats, value 3 s. a pair of stays, value 3 s. a silk cloak, value 5 s. a sattin cloak, value 2 s. a velvet cloak, value 6 s. six linen shifts, value 6 s. four pair of cotton stockings, value 4 d. two laced handkerchiefs, value 4 s. seven muslin handkerchiefs, value 7 s. three pair of muslin ruffles, value 10 s. 6 d. a callico waistcoat and bed-gown, value 2 s. a pair of leather gloves, value 6 d. a silk apron, value 3 s. five muslin aprons, value 6 s. a yard of muslin, value 2 s. 6 d. three quarters of a yard of striped muslin, value 14 d. six yards of trimming, value 2 d. two linen aprons, value 2 s. 6 d. and two lawn aprons, value 4 s. the property of Catharine Jones , spinster , in the dwelling-house of Mary Russel , widow , April 19th .

CATHARINE JONES sworn.

I lodge in the same house with Mary Russel , at No. 3, Hyde-street . I go out a nursing ; I went out on the 29th of March, and did not return till the 15th of April; I left my things safe when I went out; I locked the door, and took the key with me. I came home; in trying to open the door with the key, the box which the bolt shoots into, tumbled off; I went in, and missed a number of things. I got a padlock put on the door, and went back to my place. I returned to my lodging again on the 19th, about ten o'clock at night; the staple of the padlock was quite loose, but I did not observe it till the next morning; then I looked in my drawers, and missed some other things. I got a search warrant. I found a piece of gymp trimming of mine, in the prisoner's apartment. The constable charged her with having robbed me: at first she denied it; afterwards she confessed, and she went with me to Monmouth-street, and several places, where we found the things.

- TREADWAY sworn.

I am a constable. These things (producing them) were sold to a Mrs. Carter, who is not here, (she is taken in labour) she lives in Field-lane; I found them in her house.

You do not know how they came to Carter's, only by what the prisoner said? - No; there were other things found at Mr. Russel's, a butcher, in Gray's Inn Lane; he is not here; and some other things, from a pawnbroker; he is not here.

JANE SMITH sworn.

I keep a clothes shop, in Great St. Andrew's street. I believe I had these two old handkerchiefs (producing them) of the prisoner; I can't swear to her; she came and demanded them: I also bought a gown of the same person, for 2 s. I mended it, and sold it for 2 s. 6 d.

MARY GERARD sworn.

I have an old gown, and an old petticoat; I believe I bought them of the prisoner; I gave 9 s. for them.

SARAH DOWNING sworn.

I have a gown and pair of stays I bought of the prisoner; I think it was a week or a fortnight before. She said she brought them from Pimlico or Kentish Town, I can't say which.

MARY WINTER sworn.

I bought two old shifts of the prisoner in Easter week for three shillings: she brought them to my shop; she said she dealt in earthen ware.

(The different articles were produced by the several witnesses, and deposed to by the prosecutrix.)

PRISONER's DEFENCE.

She promised, if I confessed where the things were, she would forgive me.

GUILTY of stealing the goods to the value of 39 s.

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

Reference Number: t17810530-16

308. JOHN ROBINSON was indicted for stealing a hundred pound weight of lead, value 8 s. the property of John Foster , the said lead being affixed to a certain building the property of the said John Foster , April 26th .

JOHN HARRISON sworn.

I am clerk to Mr. Foster, a coachmaker in Long Acre. He has a work-shop in Tottenham Court Road , facing Mr. Whitefield's chapel. I was, on a Thursday morning about eleven o'clock, in the compting-house: two sawyers were sharpening their saws; one of them came to me, and desired me to go over the way; I went; I saw the prisoner upon the top of the house: we surrounded the house; the prisoner was then at work; I called out, My lad, we 'spy you; he then put his legs through the trap-door, to come down; as he was coming down, I laid hold of his leg, and we secured him. We found 120 pound of lead cut off and rolled up; I went afterwards, and found some that he had thrown down.

( William Williamson , Robert Graves , and John Hunter , confirmed the evidence of John Harrison .)

PRISONER's DEFENCE.

I was going through these buildings: there were two men fighting in the building. Several people went into the house to see it; I got in; I had a bird in my hand, in an handkerchief; it flew out of the handkerchief, and I went up through the trap-door after it, and these men came up and took me, and charged me with cutting the lead off.

GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

[Imprisonment. See summary.]

Reference Number: t17810530-17

309. JOHN PHILLIPS was indicted for stealing a linen handkerchief, value 2 s. a linen shirt, value 10 s. a mahogany shaving-case, value 15 s. two razors, value 5 s. a cotton night cap, value 1 s. and two muslin neckcloths, value 2 s. the property of Gilbert Ross .

JAMES SCOTT sworn.

I am errand-boy to Mr. Lutell. On Monday the 7th of May, I was coming up Fish-street Hill, with a bundle of Mr. Ross's things; it had like to have fell on the ground. I had two great coats and a parcel besides the bundle. I asked a man going along the street to help me with it; he said he would carry it for me; he took it out of my hand; I told him I was going to Fenchurch-street ; he said he would carry it for me; I said I had rather he would not, but he carried it: just as he came to the corner of Fenchurch-street, the prisoner took the bundle out of that man's hand; then he told me I might seek for my bundle, for a man had snatched it out of his hand.

Did you see the bundle snatched out of his hand? - No; I was rather before him; he then ran away, and I called out, Stop thief! and the prisoner was stopped at the corner of Birchin-lane with the bundle.

I took the bundle out of his hand, while the men held him. I took it home to my master's; he is an apothecary: there were some of my master's, and some of Mr. Ross's things in it: they had been out of town together, and I had been down to the livery-stables for them. I put it down on the table, and my master took it, and sent it down to Mr. Ross's, I believe. My master is not here.

JAMES DRAKE sworn.

I saw the prisoner on Monday the 7th of May, in Lombard-street. There was a cry of Stop thief! the prisoner was running; I saw him stopped, and the boy took the bundle from him: the boy went towards home, and I saw no more of them. The prisoner said he did not intend to steal them; he gave them up without the least reluctance.

JOHN CAREY sworn.

I was going along Lombard-street. The lad was running, crying Stop thief! I saw the prisoner running from the lad with some bundles; I pursued him, and took him at the corner of Birchin-lane, with the bundles in his hands; I told him to deliver them to me; he said, No, I had no right to it; the lad came up, and said, the bundles are mine, and took them from him.

GILBERT ROSS sworn.

These are my property: they were delivered to me by the constable.

- HOLMES sworn.

The bundle was delivered to me at the Mansion-House by a Mr. Rhodes.

DANIEL NIXON sworn.

I know nothing of the bundle; I heard the cry of Stop thief, and took the prisoner.

To Scott. How do you know that the bundle that was given you to carry, was the property of Mr. Ross? Who gave it you to carry? - The woman at the livery-stable.

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17810530-18

310. ELIZABETH BEDFORD was indicted for stealing a watch, with a silver case, value 50 s. a steel chain, value 6 d. and two silver seals, value 4 s. the property of Joseph Bell , May 11th .

JOSEPH BELL sworn.

On the 11th of May, at about ten o'clock at night, I was going home to my lodgings, at No. 8, in Union-court, Holborn. Going up the court, the prisoner stopped me; she catched me round the middle, and pushed me against the wall; then she called another girl; she asked me, If I would have a - , or something of that kind: the other girl came up that moment; the prisoner directly snatched the watch out of my pocket; I felt her do it; I catched hold of her, and that instant the other girl pushed me, and got the watch, and ran away.

Did you see this girl give the watch to the other? - No; I could not see that, because she pushed against me: at the time I took the prisoner to the watch-house, she swore very much, and was not willing to be searched; she was searched, but my watch was never found. I am quite certain it was the prisoner who took it out of my pocket.

JOHN BURKETT sworn.

I was going home, in company with Mr. Bell: we both lodge in one house; I saw this girl stop him, and shove him against the wall; she called another girl; I saw the girl go close up to them: I did not see her do any thing.

Why did not you interpose? - I did not know any thing of the kind was going on.

PRISONER's DEFENCE.

I was at the corner of Union-court , and two women more. I was in the court with the prosecutor: I left him, and he was with another girl in a black gown; he afterwards charged me, because I had a black gown: I was taken to the Compter, and afterwards before the Lord Mayor, and was committed till the other girl could be found. He came to the Compter, and said, If I would

pay him 50 s. for the watch, he would be at no farther trouble about it.

Court. Is that true? - No, it is not.

GUILTY .

Tried by the London Jury, before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17810530-19

311. PATRICK KENDLER was indicted for stealing a wooden hogshead cask, value 10 s. the property of Felix Calvert , Richard Ladbroke , and William Whitemore , May the 16th .

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

THOMAS WRIGHT sworn.

I met the prisoner the 16th of this month, at about a quarter after 10 o'clock at night, at the bottom of Queen-street, Cheapside; he had a beer hogshead on his shoulder; I asked him, Where he was going with the beer hogshead? he replied, It is not yours. I had lost several of my casks. I stopped him directly, and took it off his shoulder; I held him till two watchmen came to take him into custody. There was Felix Calvert and Co's burnt mark upon it; his partners are Richard Ladbroke and William Whitemore .

- SCAFF sworn.

I am a cooper to Mess. Felix Calvert , Richard Ladbroke , and William Whitemore . I saw Mr. Wright stop the prisoner with the cask; I had it in my hands the Monday before; it was a new one; it had been filled but once; there were six came from Canterbury; one was missing; they were standing in the lane, by Mr. Calvert's cooperage.

PRISONER's DEFENCE.

I am a porter . Coming along with my knot on my shoulder, a man asked me, If I wanted a jobb? I have a wife and three children at home. He offered me a shilling, and said, it would not be above a quarter of an hour's work; he had me to the place where the casks were; he delivered the cask to me, to take it to Cheapside; when I was stopped, the man ran away; I never saw him since.

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

NOT GUILTY .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17810530-20

312. BENJAMIN CANTOFER (a black ) was indicted for stealing a gold watch, value 5 l. and a base-metal watch key, value 1 d. the property of John Trenchard Esq ; in the dwelling-house of the said John , May the 19th .

JAMES WATTS sworn.

I am servant to Mr. Trenchard. The prisoner lived with a relation of my master's; I don't know how long he has left the service: last Saturday se'nnight he called at my master's, to see a fellow maid servant; he came about three in the afternoon, and staid till seven. He was intimate with the family, and had been in my master's house frequently. About five minutes after he was gone, I missed a gold watch of my master's, which was kept in the kitchen, for the use of the cook: I went up, and told the cook, I thought Cantofer had taken away the watch. On the Sunday morning I went to the Rotation-office, and got Macdonald to go with me to the prisoner's lodging: upon entering the room, Macdonald asked him, Where the watch was? he immediately confessed the fact, and said, he had lodged it at a pawnbroker's in Long-Acre, as he came along.

Were there any promises made to him, to induce him to confess? - None.

HENRY EWER sworn.

I am a pawnbroker, at the corner of Adam and Eve Court, Oxford-road. The prisoner brought a gold watch case to pledge, last Saturday se'nnight, about seven or eight

o'clock. I lent him no money on it, but stopped it: he wanted to pledge it for 5 s. or sell it for 7 s. It has been in my possession ever since.

(The case was produced in court, and James Watts deposed that it was the property of the prosecutor.)

JOHN NEWMAN sworn.

I am servant to Mr. Heather, a pawnbroker, in Long-Acre. The prisoner brought the watch to me, to know whether it was gilt, or gold, on Saturday the 19th of May, at near eight o'clock; I perceived the watch to be gold. I questioned him, how he came by it? he said, he bought it at Blackwall, of the Jews, for a guinea. I stopped the watch.

What is the watch worth? - The box, without the outside case, is worth three guineas; and the inside may be worth a guinea more: it has been in my possession ever since.

(That was likewise produced in court, and deposed to by Watts.)

To Ewer. What is the case which was brought to you worth? - About four guineas.

DENNIS MACDONALD sworn.

I took the prisoner up, at his lodgings in Wild-street; he said, he had taken the watch, and begged the gentleman would forgive him.

PRISONER's DEFENCE.

I was out of place, and very poor. I wish to go to my own country.

GUILTY ( Death .)

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

Reference Number: t17810530-21

313. WILLIAM WOOD was indicted for that he, in a certain field and open place, near the King's highway, in and upon Thomas Gardiner , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. and 20 s. in monies numbered, the property of the said Thomas Gardiner , April the 23d .

THOMAS GARDINER sworn.

I was robbed on the 23d of April, in the field next to Kentish-Town ; I was in the foot-path which parts two fields, and there is a bank on each side the path: I was robbed by the prisoner.

Are you certain he is the person? - Yes, I knew him again as soon as I saw him; it was about twenty minutes before eight o'clock; it was light, and I could well discern his face. I never saw him to my knowledge before; nor did I see him then, till he had hold of my collar, and demanded my money.

Was any person near at the time? - Three gentlemen were coming from Kentish-Town, who were within a minute's walk of me; I did not see them till after he had robbed me.

How long was the transaction about? - I suppose not above two minutes.

During that two minutes, you must be in some agitation of spirits? - I was very much frightened.

Could you take such accurate observations of the person of the man, as to swear positively that the prisoner is the person? - Yes.

Was any person with him? - He was alone; he had a great stick in his hand; he took me by the collar, and in a little time he said, Your money! I said, I have but a few shillings about me; I hope you will not take it from me. He said, Little or much, do not hesitate, or I will have your life.

Did he, when he made use of this expression, stammer as he does now? - I did not hear any such thing. I put my hand in my pocket, and pulled out an handful of silver: I had about 40 s. in my pocket; I left only an half-crown and a shilling in my pocket. He said, Here is not all; turn your pocket. I put my hand into my pocket again, and took out the half-crown and shilling. I said here is all; you may have my pocket turned, if you will; but I hope you will not take it at all. He gave me the half-crown again, and took the shilling. When he took the

shilling, he pointed to my watch, and said, What is that watch? I said, I hope you will not take my watch. He immediately laid hold of the chain, and drew it out: he turned about. I said, Pray don't take my watch; it will grieve me to lose it, more than my money. He said, He had taken it. He turned, and went away. There is a gap at the corner of the field; I saw a man there. I said to him, Are you an honest man? He seemed staggered. I said, If you are an honest man, help me to take that man, pointing to the prisoner; he has robbed me of my watch and money. He said, Are you in earnest? I said, yes. He said, I saw you talking together, but did not know he was robbing you. While I was speaking to that man, two gentlemen came up: I told them the same. The man disappeared: we thought he had got into a ditch; we all went back, but did not find him. I gave information of the robbery at the office in Bow-street: I was afterwards sent for to Bow-street; I was shewn a man, and asked if I knew him; I said I did not. I was then taken into another room, where there was the prisoner and another man; I knew the prisoner immediately; I had a hint not to say any thing to him, if I knew him. I was taken before the justice a little after, and saw him there, and knew him directly.

CHARLES JEALOUS sworn.

I was at the apprehending of the prisoner, on Sunday the 6th of May. I found thirty-five balls in his pocket, and a quantity of powder.

PRISONER's DEFENCE.

I know nothing at all of the gentleman, upon my word. I knew nothing of it till I was taken up to the justice's. I have been at sea.

(The prisoner, in his defence, appeared to have a very great stammering in his speech.)

(He called one witness to prove that he was with him on the 23d of April, at the White Bear, Hammersmith, at about half past six in the evening; and that the witness went home at the expiration of two hours, and left the prisoner there; and to prove also, that he constantly stammered in his speech.)

To Charles Jealous . Was you in the office when the prisoner was examined? - I was.

In what manner did he give his answers? Did he speak stuttering and stammering? - Sometimes he stammered, sometimes he did not; he swore very plain.

Have you had conversation with him? - No farther than taking him that morning. He never stammered a bit then; but he stammered twice at the bar. When he speaks softly, he does not stammer at all.

If he was to stop a man upon the highway, do you think he would stammer then? - I cannot say: he never stammers when he speaks slow; he speaks plain then; but if he speaks quick, he stammers.

GUILTY ( Death .)

(He was humbly recommended by the prosecutor to his Majesty's mercy.)

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-22

314. SAMUEL DAVIS was indicted for stealing a watch, with a silver case, value 40 s. and a steel watch chain, value 2 s. the property of Andrew Elson , privately, from the person of the said Andrew , March 6th .

ANDREW ELSON sworn.

On the 6th of March, between ten and eleven at night, I was at supper in a cellar in Bridges-street, near Drury-lane . The prisoner was there, and some others with him. They abused me, and called me a German dog, and began to push one another upon me, and hustle me about. The prisoner was the first man who began this: they struck me, and knocked me about, and continued to beat me in this manner for half an hour; and during that time, I lost my watch, for I am certain I had it in the cellar; and Davis and the other persons, who had behaved in that manner, were

there when I looked at it: whether he saw me look at it, I cannot say; I missed it within ten minutes after they let me alone. I said I had lost my watch: upon saying so, all, or the greatest part, of the persons in the cellar went away; there were ten or eleven people there.

Cross Examination.

Was you perfectly sober? - Yes: I went in with a friend of mine (a Mr. Taylor) he was there all the time; he is not here: the reason why my friend did not interpose to have them taken into custody was, he was so much beat that he was ill for fourteen days after. On the 5th of May, I met the prisoner alone in Prince's street, and saw the chain and key of my watch; there are two seals upon it, which are not mine: I immediately stopped him, and told him he had my watch, and he must go along with me; he neither denied nor admitted that it was my watch, but said, if it was mine, he would give it me directly. I took him to the house where the constable was, and then he took out the watch, and gave it to the constable.

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

NICHOLAS LYNN sworn.

I sold this watch to the prosecutor. I made it on purpose for him. The prisoner said to me, that if it was the prosecutor's watch, he might have it; he said he had bought the watch; he did not say of whom: he was impertinent to the justice, and that made the justice more severe, and insist upon Mr. Elson prosecuting him.

PRISONER's DEFENCE.

I bought it at Portsmouth, of a Jew pedlar, for two guineas.

GUILTY of stealing the watch, but not guilty of stealing it privately from the person .

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

[Imprisonment. See summary.]

Reference Number: t17810530-23

315. WILLIAM IVES was indicted for burglariously breaking and entering the dwelling-house of Alexander Wilson , on the 12th of January , about the hour of six in the night, and stealing a Roman sword, with a carved wooden handle, value 10 s. and a base-metal mounted pistol, value 15 s. the property of the said Alexander, in his dwelling-house .

ALEXANDER WILSON sworn.

I am a silversmith in Cecil-street, in the Strand . My house was broke open on the 12th of January: I was out at the time; I did not return till between eleven and twelve o'clock. I left only a maid servant in the house when I went out. I went to bed as soon as I came home, and heard nothing of it, though I since find the maid then knew of it. There was a Roman sword, with a carved wooden handle, and a pistol, lost out of my parlour: there were two pistols hung in the parlour, but one dropped upon the floor, which I found next morning. The windows of the parlour look towards the street.

ELIZABETH HANSON sworn.

I am servant to Mr. Wilson; he went out on the 12th of January, in the afternoon, before dark; I was left at home.

Were the doors shut up when he went out? - The door was upon the spring lock; I heard a kind of noise, like the motion of the sash; the sashes of the parlour were down; I was below in the kitchen; I immediately ran up stairs. This was the front parlour, and I was in the back kitchen, under the back parlour. When I heard the noise, I did not know where it was; I ran up stairs, and found the sash in the front parlour thrown open; I went down, and got a light. This was between five and six o'clock; it was quite dark. I found a sword and pistol taken away from the parlour, and one pistol was dropped in the parlour. A gentleman dined with my master, and my master went out with him.

Had you been in the parlour any time that afternoon? - I had.

Was the sash down when you went out of the parlour? - It was.

Was any person in the house besides you? - A young woman called upon me, but she did not go into that room. I never left the house.

I suppose you was frightened? - I was not much frightened; I put the sash down, and then shut the shutters. My master went to bed immediately as he came home; I did not tell him of it till he saw it, because I thought somebody in the neighbourhood had done it to frighten me, and that I might hear something of it the next morning.

Was there any thing of value in the parlour, besides this sword and pistol? - Yes, there were some silver spoons, but they were in a cupboard; it was not locked, but the doors were shut. It was a very dark night.

Was any of the glass of the sash broke? - No.

Was the sash pinned down? - No, not that I know of.

JOHN KIPPING sworn.

I am a constable. I apprehended the prisoner on the 7th of May, in what they call the New Cut, a new road that is made from the sign of the Happy Man to Battle Bridge, a little after ten at night, in company with another person; they were on one side the road, we on the other; they crossed over to us; we went to see if we could find any body who had been concerned in a footpad robbery, committed the night before.

They did not know you, I suppose? - If they had, they would not have come to us, I believe. I passed the first, and laid hold of the prisoner at the bar; I clapped my hand against his left breast, and said, Holloa! young fellow, what have you got here? I shifted my hands, to secure him; and he dropped this sword immediately, naked; afterwards he dropped the sheath: he dropped the sheath before I had well secured his hand; when he dropped the sword, I put my foot upon it immediately. He had no arms but that; it has been in my custody ever since.

(The sword was produced in court.)

Prosecutor. This is my sword; it belonged to General Melvin; he left it with me to make one for Lord Dunglass, as I have been in the army contract way; and I was to make one, at the same time, for General Melvin: he left it with me some time about the beginning of December; I had it as a pattern for Lord Dunglass; as this was a soft metal, not tempered, he wanted one that was tempered of good steel. I understood this was to be mine; I kept it as a curiosity: I suppose there is not such another in all England.

Was the pistol yours? - It was. I have never seen my pistol since.

JONATHAN REDGRAVE sworn.

I was with Kipping when the prisoner was apprehended; I took the other man. I saw this sword fall from the prisoner's side, and afterwards I saw the scabbard drop.

PRISONER's DEFENCE.

I am entirely innocent of the matter I now stand charged with. I went to take a walk; I saw this lying in the road, drawn, and the scabbard lying by the side of it, about three minutes before I was taken. I am as innocent as a child in its mother's womb.

Redgrave. He was examined three times; the two first times, he denied any knowledge of the sword, till the prosecutor came before the justice, and owned it; then he said, he found it.

Prisoner. I had some witnesses last night, but they are not here now; they were Thomas Rigg , William Rigg , and John Mutton . I never denied having the sword.

Kipping. I was present at his two examinations: he denied it at both times.

GUILTY ( Death .)

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

Reference Number: t17810530-24

316. ELIZABETH ROBE was indicted for stealing a guinea, the property of William Fido , and half a guinea, and 9 s. 6 d. in monies numbered , the property of Eleanor Lackay , widow , May the 11th.

ELEANOR LACKAY sworn.

I am a basket-woman , at Covent-Garden. I am employed by Mr. Fido, who is cook at the Temple. Last Saturday fortnight Mr. Fido gave me a guinea, to go to market with. I had half a guinea and 9 s. 6 d. of my own. I put all the money in a nutmeg grater, and put it upon the chimney-piece. The prisoner was my landlady ; I lived in the same house with her, in Steward's Rents, Drury-lane . I saw her take it; I told her, it was my master's money, to go to market to buy goods with. She went down stairs with the money, and fastened me in, with an hasp on the outside of my door. I made a noise; her husband came up, and undid the hasp. I told him, that she had taken my money; she might play the joke with somebody else; she should not play her jokes with me. She shut the door upon me, and would not make any answer, nor her husband, all night. I never got my money again.

WILLIAM FIDO sworn.

I am chief cook of the Middle Temple. I gave the last witness a guinea to buy some goods. I was at the taking of the prisoner; I took her before the justice. She was examined; we found half a guinea and 3 s. 6 d. in her pocket. The husband was ordered out of the room, and the justice asked her, how she came by the money? She said, her husband gave it her, while they were at breakfast, at nine that morning. Then the prisoner was put on one side, and the husband was called in. The justice asked him, if he had given his wife any money that morning? He said, no, he had not given her a farthing that morning; nor could he trust her with a shilling; that she would pawn every thing he had.

Court. What her husband says is not evidence.

PRISONER's DEFENCE.

I am very innocent of it.

To prosecutrix. Did you owe her any rent when the money was taken away? - No, I owed her nothing in the world.

NOT GUILTY .

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-25

317, 318. BOYS ERRBURRILL and WILLIAM IVES were indicted, for that they, in the King's highway, in and upon Robert Johnson , feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two halfpence in monies numbered, the property of the said Robert , May the 6th .

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

ROBERT JOHNSON sworn.

About eleven o'clock at night, on the 6th of May, as I was coming from the Blue-coat Boy, in Islington Town, under the pales of the Jubilee Gardens , three men crossed from the fields. Boyser Burril held a cutlass to me; he blasted me, and struck me with it over my right hand: I thought at first my finger was cut off; I found afterwards it was only bruised. Then he clapped his left hand against my breast, and forced me down upon the ground, against the pales: he then put his left hand into my right-hand pocket, and took some money out. I looked him full in the face. He said, Blast your bloody eyes! I will cut your head off if you look at me: he got from my side, and unbuckled one of my shoes. I told him, they were plated buckles, but he was welcome to them; but begged he would not use me ill. He then came towards me again, with the hanger: they said, he would cut me if I looked at him; and they endeavoured to force my hat over my face, but it only covered my left eye. I kept looking at him; he stood up, towards my left foot, and I saw him receive the cloak from the other prisoner, who had robbed my wife: he clapped it between his knees.

How many of them were there? - At first there were three. The prisoner Boys was the first that came up upon the path to me, and drew the cutlass from his side.

Do you know the other man? - No; I only know the one that came first up to me: it was quite a bright moon-light night; the moon shone directly against the pales where I lay.

How long might they be with you? - Five or six minutes; I cannot say to a minute, but thereabouts.

Had you ever seen the prisoner Errburrill before? - Never, to my knowledge. I gave information the next morning; and he was taken on the Monday evening, the next day. I was with them when they took them; they were taken within 3 or 400 yards from the spot where I was robbed. I pointed out Errburrill to them, and said, he was the man that came up to me with a cutlass.

Who was with you? - Redgrave, Dinmore, and Kipping. There was a ring and some money found upon him. He had a cutlass under his coat; the other had a sword, which he dropped from behind him; the constable clapped his foot on it, and I picked it up. I pointed to Errburrill, and said, he was the person that robbed me, and held the cutlass over me. Errburrill said something about having been in company with some common-councilmen overnight. I heard nothing more.

Cross-Examination.

You had been at different houses? - Only to one. I drank a glass of ale. I was not worse than I am now.

Perhaps better. - I was, perhaps, more in spirits to make a just remark; I was not in liquor; I never was drunk in my life. I cannot say but I was a little in fear at his holding a cutlass over me.

You were not quite so cool as you are now about it? - Yes, I was. I lost about 2 d. out of my right-hand breeches pocket: two or three of the halfpence, I am positive, were good. When he was before Justice Blackborough, he said he found the cutlass.

Where do you live? - At Battle-Bridge. I was going home.

Did you know the other prisoner before? - I have seen him in the neighbourhood before.

Did not you drink with him on the Monday morning, at a public-house? - No; at the time of the robbery I knew nothing of him.

Had you no conversation with these thief-takers? - None at all.

- JOHNSON sworn.

I was with my husband, returning from Islington, on the 6th of May, about eleven o'clock, by the pales of the Jubilee Gardens . We were attacked by three footpads: one of them came up, and pulled out a cutlass from underneath his coat, and held it to my husband; he went to strike my husband over the head, and he lifted up his hand. I cried out, Lord have mercy upon me! twice; and the other man came up to me, and put his hand before my mouth, and said, Blast your eyes! what do you make a noise for?

Who had the cutlass? - Boys Errburrill.

Are you certain to Ives? - Yes, I am, Ives pushed me down against the pales, and put his hand before my mouth.

Did you know either of the prisoners before? - I knew Ives when he was a boy.

Are you sure he was the man? - Yes.

Are you equally sure to the other? - I am clear of it; I saw his face before he came up to my husband: it was a very remarkable light night; the moon shone against the pales . I saw Errburrill come across the road; he came up to my husband, with a stiff attitude. I said, the instant they were gone, I should know their faces again.

What is your husband? - A cabinet maker. I have a family; I begged for my life, on account of my family.

Did you take notice of his clothes? - I cannot justly say; I know they were a dark colour. He had a round hat.

You knew Ives at the time? - I said, as soon as he was gone, I knew his face.

From Ives. Whether she mentioned to her husband, she had any knowledge of me on the Sunday night? - I thought I had knowledge of the face; I did not recollect where I had seen him, but I was clear I should know his face if I saw him again: I mentioned that before we were off the ground.

HENRY HIGGS sworn.

I am servant to Mr. Edward Button , a bricklayer. On the 6th of May, taking a walk up the road, about eleven at night, I heard a woman's voice cry out, Murder! just against the pales of the bowling green. I walked up, and saw the prosecutor lay upon the ground, and a man with an hanger standing over him, and another alongside of him; one stood off in the road. When I came near, I heard one say, D - n your eyes, you bitch, turn out what you have got! When they saw me coming up, they ran off.

Did you know them? - No.

Did you take notice of them so as to know them again? - Yes: I saw them the next day, before they were taken.

How did you know they were the same men when you saw them the next day? -

Because I had a full view of their faces when they had Mr. Johnson and his wife down. I knew them again when I saw them at Sir John Fielding's office. I know they are two of the three men.

How near did they let you come to them when they were committing the robbery? - About the length of this room.

At that distance, could you see the face of two strangers, at night, so as to know them again? - Yes.

How long did you stand looking at them? - About two minutes.

Did they see you? - I do not know.

(On his cross-examination he said, he only had a side-view of their faces as they crossed the road; that when they were committing the robbery they stood with their backs to him, and their faces to the pales.)

Court. Was Johnson drunk or sober? - Sober.

JOHN KIPPING sworn.

On the 7th of this month the prosecutor called on me, in the morning, and told me he had been robbed over-night. In the evening two more constables, myself, and Mr. Johnson, took a walk over the fields; we went down what they call the New Cut, that goes across the two roads: the prosecutor was before me some distance; I and Redgrave were together; there was another constable behind us. The two prisoners crossed over to me and the other constable: I passed Errburrill, who was first, and laid hold of Ives; I clapped my hands on his sides, and said, Holloa, young fellow! what have you got here? I felt the handle of this (producing a sword) under his coat; it was drawn; it dropped down by my foot; I put my foot upon it, and after that he dropped this sheath. I called out; they came up, and Redgrave laid hold of Errburrill; the others came up, and we secured them. As soon as the prosecutor came up, he said to Redgrave, that is the man that robbed me last night, and had the cutlass. Redgrave said, he has got a cutlass now, for I felt it under his clothes. The prosecutor came up to me, and took the sword from under my foot, and stood by while they were tied together.

Cross-examination.

Had Johnson described the clothes the men were in before? - He said, dark-coloured clothes. He said, he should know the person again that stood over him with a cutlass.

JONATHAN REDGRAVE sworn.

I went with the prosecutor, and the other constables, in pursuit of the persons that had robbed him: I saw them first, leaning on the rails; the prosecutor crossed the road, and crossed upon them, and came up to us; I secured Errburrill, and found this cutlass upon him (producing it.) The prosecutor knew Errburrill immediately; he said, that was the man who stood over him with a cutlass: I said, he has one now under his coat.

JOHN DINMORE sworn.

I went out with the other two constables; we met with the two prisoners in the New Cut, the New Road; I was rather behind; when I came up to them, they had laid hold of each of them. I saw the two instruments they had got. We tied their hands together.

To Kipping. You keep a public-house, I understand? - Yes.

Did Johnson drink at your house that morning? - He called in the morning, and told me he had been robbed.

Was any body in company with him at that time? - Ives was in the house.

Was he drinking at your house with either of the prisoners? - Ives was drinking with some people; I do not know that the prosecutor was with him. There had been fight, and they were come in from the fight.

Did Ives and he speak together? - Not that I know of.

Did they see each other? - Yes, they certainly did. He must see him, I should think, however.

Jury. Have you been acquainted with Johnson any time? - He has called at my house, as he came by, several times; but I never knew his name till after the robbery.

Errburrill. I leave my defence to my counsel.

IVES's DEFENCE.

I have nothing to say.

For Errburrill.

ANN COLLET sworn.

I live in Shoe-lane. My husband is a peruke-maker.

Do you recollect seeing Boys Errburrill at your house? - Yes, on the Sunday night, the day before he was taken up, he came to my house, about half after seven; he did not come in; he asked for my daughter. I told him, she was not at home. He asked, whether she was gone down towards Fleet-street? he said, he would go and try to see her. He returned in five or six minutes; he said, he had not seen her: he went away, and came again exactly as the clock struck eight. The girl was come home, and he came indoors with her, and went out with her a little before nine; and returned, as nigh as I can recollect, about a quarter before ten o'clock. There was a young man sat facing my door, in liquor; he went with him up into Hatton-garden, to assist him home. The prisoner, and a Mr. Roberts, the master of the young man, came back to my door again; he staid then till about three-quarters after ten, or near eleven o'clock; it was past ten when he came in.

Did Roberts stay any time with him? - He went away directly: my daughter was at home all the time.

Which way did he go? - Towards Fleet-street: he lives beside the Fleet-market.

ANN COLLET sworn.

I am daughter of the last witness. I came home a little before eight on the 6th of May; the prisoner met me at the door, as the clock struck eight; he came into the shop, and gave me a nosegay out of his bosom; I put it in water. We went to take a walk, and returned about a quarter before nine; then he went home with this drunken man, to his master's; afterwards he came back, and sat with me, by the fire, till St. Paul's and St. Sepulchre's went three-quarters after ten; I counted them both.

Court. He came frequently to you? - About a fortnight before.

Did you take particular notice of the time he came on the other nights? - No, I did not.

How came you to count the clock that night in particular? - I was sitting at the door; I asked a person, what was o'clock? she said, she did not know; and immediately I heard the clock strike.

JOHN ROBERTS sworn.

I keep a coal-shed, in Shoe-lane. Our man was sitting drunk on the steps; we took him to Hatton-garden, and the prisoner and I came back together to Mr. Collet's door; that was after ten o'clock.

JOHN PERKINS sworn.

I am a watchman; my stand is in Shoe-lane, the corner of the White Swan. On Sunday, the 6th of May, when I called ten o'clock, I opened my box, and heard the half-hour chimes at St. Paul's; I went into Collet's shop; the young man was sitting on one side of the fire, and Nancy Collet on the other side; I staid there six or eight minutes, and left him there, and saw no more of him.

Do you know the New Cut made from Battle-bridge to White Conduit-house? - I can't say I know much about that.

How far may it be from Shoe-lane? - It may be best part of a mile; I cannot pretend to be a judge.

Jury. It is about a mile and an half.

- MAY sworn.

My husband is a watch-maker; he is Errburrill's master. I let him in on the Sunday night before he was taken up, at about a quarter before eleven, I believe; we generally go to bed about eleven. I bid him go to bed. I locked the door, and took the key; I chained the door, and bolted the windows; just after, I heard St. Paul's strike eleven. I had the watch in my hand, and looked to see if it was right, before I hung it up.

Was your husband at home at the time? - Yes, he was.

BOYS MAY sworn.

I am a watch-maker; Boys is my apprentice; he was christened after me. On the 6th of May he came in before eleven. Mrs.

May had a watch in her hand; she said, the clock was striking eleven. I was smoking a pipe; I put it down, and went to bed immediately. He has lived with me five years last April. He is very honest; I have trusted him to take large sums. I always found him very honest.

Prosecutor. Before Justice Blackborough, this witness said he knew nothing of his coming home; that he went to bed at half after eleven. - [May. I said no such thing. On the Monday night he had staid out all night; on the Tuesday morning, going by Clerkenwell-church, I saw my boy, with a parcel of men, that, I supposed, had taken him up. I was greatly surprised, and very much flurried. I went with them before the justice, who asked me if I could say what time he came home? I said, I could not tell whether it was eleven, or half after eleven; but my wife let him in, and could tell particularly. I was so flurried, I could not tell what I said, or did. I had not had any intimation that he was taken up.

Kipping. When he saw the lad, he said, This is no wonder at all; I told you what you would come to, when you lay-out four or five nights at a time: now he says, he never knew any thing amiss of him.

Counsel. I ask you again, was he an honest boy? - Yes; I would trust him with untold gold, if I had him home now.

GEORGE MACAULEY sworn.

I am a fellow-apprentice to Boys; I remember his coming home that night: he spoke to me as he came up stairs; after that the clock struck eleven.

(Errburrill called six other witnesses, who gave him a good character.)

For Ives.

ELIZABETH HERBERT sworn.

On the 6th of May I was all day in his apartment, in Cow-cross; where we had a fillet of veal and summer cabbages for dinner. I dined with him, drank tea, and supped with him; we supped about half after eight; I staid till past ten, and then he and his wife went out with me, to my brother's; she went out for a pot of beer, and it was about half after ten when she came in.

Where did they go with you to? - To my brother's, James Roberts , three doors from their own house. The watchman went by, half after ten, as we were drinking a pot of beer; and they staid some time after.

You are sure his wife went for the beer? - Yes.

How long did he stay after drinking the pot of beer? - I cannot say to five or six minutes; he staid some time after drinking the beer.

Was any other person in company? - Nobody, but my brother and his wife. My brother came in, and staid till half past ten; and then we went all together to his house.

JAMES HERBERT sworn.

I live at No. 52, Cow-Cross street. Ives lives about three doors off; I called at his house on the 6th of May, twenty-five minutes before nine, and was in his house till the watch went ten; then I came out. When I went in, he said, it was nine o'clock; I said, no; I pulled out my watch, and said, it wanted twenty-five minutes of it.

What time did his wife come in? - She was in there when I went in.

Was any body else there? - Yes, my brother and his wife.

At what time did your brother and his wife go home? - They lay at my house all night. I asked Ives to go home with them to my house, to sup with me; he insisted upon having a pot of beer.

Did your brother and sister go to sup with you? - Yes.

What time did you sup? - At a little better than half past ten.

How long did they stay after supper? - Perhaps an hour, or more; perhaps not quite so much.

Did you sit till half past eleven? - My brother and his wife, and my wife and I did: Ives went about half after ten; he had supped before, on salmon, at his own apartment. Ives's wife sent for a pot of beer, to drink, before they went. I have known Ives three or four years.

What is his character? - As to his character, I can say nothing of it.

MARY MOTLOW sworn.

I live in the same house with Ives. My husband is a shoe-maker. Ives belongs to the watch business. On the 6th of May, I was there, from dinner time till the watch went eleven at night; he was not twenty minutes out of my company all the time; then he went to a neighbour's house.

At what time did he come from the neighbour's house? - At about half after ten.

What time did they go there? - After the watch went ten; I cannot say to a few minutes.

What became of Ives after they came home? - His wife and he went to bed: when I saw them both in bed, I heard the watch go eleven.

(Ives called three other witnesses; who gave him a good character.)

BOTH GUILTY ( Death .)

(They were humbly recommended, by the jury, to his Majesty's mercy.)

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

Reference Number: t17810530-26

319. SAMUEL DAVIS was indicted for stealing a watch, the inside-case base-metal, the outside nours-skin, value 40 s. a steel watch-chain, value 2 s. a stone seal set in gold, value 20 s. and a base-metal key, value 1 d. the property of Duncan Campbell , privately, from his person , February 26th .

DUNCAN CAMPBELL sworn.

I belong to the fifty-ninth regiment , but have raised an independent company now. On the 26th of February, I went to Miss Catley's benefit at Covent-Garden play-house . I missed my watch in the play-house; I had it in my pocket when I went out to the play. There was a great croud.

Might it drop out of your pocket? - I think not. The day before yesterday I was directed to go to the Rotation-Office in Litchfield-street: I went there, and saw my watch in the hands of Macdonald.

DENNIS MACDONALD sworn.

I am one of the Officers at the Rotation Office. Yarnold took the prisoner. I found the pawnbroker's duplicate of the watch upon a girl in the room, who was connected with Davis. The watch was pawned at a pawnbroker's in St. Martin's lane: he is not here. Finding no owner for the watch, the duplicate and things were delivered to the girl again, and they were discharged. This gentleman came to me, to see if I could find the watch again: that was last Tuesday. I went and took the girl, and found the watch upon her.

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

BENJAMIN YARNOLD sworn.

I know nothing of this watch. I have a seal I took off the watch the man was tried for last; that was on the fifth of May: he was brought in custody to me; then I searched him; he gave me the watch out of his pocket; there were two seals to it (producing one of them): it has been in my custody ever since.

Macdonald. I found both the watches in the girl's pocket: when I took her last, she had a silver watch, and a duplicate of a metal watch, in her pocket.

NOT GUILTY .

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

Reference Number: t17810530-27

320. ANN OWEN was indicted for stealing a mahogany tea-chest, value 4 s. and two silver tea-spoons, value 2 s. the property of Richard Upjohn , May 20th .

RICHARD UPJOHN sworn.

On Sunday se'nnight, I lost a mahogany tea-chest, and two silver tea-spoons, out of

my lodging, No. 11, Dean-street, Red-lion square . My wife was below stairs; I heard the dog bark; I saw the prisoner go out, and followed her: she was brought back; the tea-chest was in her hand, and the spoons in her pocket.

How came she in your room? - I do not know: she was quite a stranger: my wife was below, and left the door open; I was in the room asleep on the bed at the time.

Was you present at the justice's at the time she was carried there? - Yes.

Did not you say at the justice's, you neither wanted or meant to prosecute, as you had recovered the goods, and had them in your possession? - The justice said I must prosecute.

ANN UPJOHN sworn.

I am the wife of the prosecutor. On Sunday se'nnight my husband lay down on the bed: I had an acquaintance in the room; my child wanted to go down stairs with her. I bid her take the child down, and I would come and fetch her up: I went down after her, and hearing the dog bark, I thought it was my husband's brother had come in. I went to see, and a woman went out: the child said the dog barked at her; but not thinking she had been in my room, I went up stairs, and missed a tea-chest. I went into the next room: they said I had better go after her: I said I could not run then, the fright had seized me so; but if they would run after her, I would follow them as fast as I could. By this time it was about a quarter of an hour after I saw her go out: we went after her, and at the top of Red-lion street, I saw her with something in her apron; I walked behind her; she stopped till I passed her; I then pulled her apron down, and saw the tea-chest; I brought her back, and called my husband; he took her up stairs, and found the spoons in her pocket: she said a man gave them to her in Holborn.

PRISONER's DEFENCE.

I met a woman in Holborn, who gave me the tea-chest and the spoons.

GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

[Imprisonment. See summary.]

Reference Number: t17810530-28

321. SUSANNAH CLARK was indicted for stealing four silk handkerchiefs, value 8 s. the property of John Stoney , May the 22d .

JOHN STONEY sworn.

I am an hosier and haberdasher in Broad St. Giles's . I know nothing of the fact myself.

MARY STONEY sworn.

I am wife of John Stoney . The prisoner at the bar came into our shop last Tuesday was week, between ten and eleven o'clock in the morning, to buy a silk handkerchief; I shewed her several pieces. I was in the shop, by myself. She agreed for one, for 4 s. and, just as I was cutting it off, she put her hand into her pocket, as I imagined, for her money, to pay me; and, instead of money, she took out a handful of snuff, and rubbed my face all over with it; she rubbed it in my eyes and mouth; then she took the remainder of the piece of handkerchiefs.

Did you see her? - My eyes were blinded; as soon as I opened my eyes, she was between the shop door and counter. The piece of handkerchiefs catched on the latch of the shop door, and the spikes of the kitchen window. I ran out, snuffy as I was, and begged of the people to stop her. She left the handkerchiefs behind her, hanging on the kitchen window, I believe.

Are you sure the prisoner is the person? - I am quite sure.

What became of the handkerchief that was cut off? - That was, all over snuff, on the counter.

What was the value of the handkerchiefs? - Two shillings a-piece. A person picked the handkerchiefs up; but he went away: the handkerchiefs remained on the spikes.

PRISONER's DEFENCE.

I am a married woman, and am six months gone with child: my husband is a weaver.

(The prisoner called her father and mother-in-law, who gave her a good character.)

GUILTY , B .

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

Reference Number: t17810530-29

322. SARAH HOWARD was indicted for stealing a watch, the inside case silver, outside shagreen , the property of Frances Scott , widow , May the 24th .

FRANCES SCOTT sworn.

I am a widow, and stitch stays for the stay-makers . I employed the prisoner five or six months. I never catched her doing any thing wrong before the 24th of May; then I missed my silver watch out of a mahogany case over the chimney-piece in the fore parlour.

Was that the room you used to work in? - No: she asked the favour to let her entertain some friends to dine with her that day, the 24th: I gave her leave. The door was locked. I gave her the key, to lay the cloth. She was in the room about five minutes, between two and three o'clock. She had a leg of mutton boiled, at my expence. She came out of the room into the back room, put the key in her pocket, and said she was going for some capers to the mutton. She went out, and staid above half an hour. I was a little surprised that her company did not come, nor she return. I looked for the key of the door. I could not find it. Then I opened another door that goes into the room. I immediately missed my watch.

How long before had you seen the watch in the mahogany case, in the parlour? - Four or five minutes. I had but just come out, and locked the door, when I gave the key to her. I called my women down I had at work, and desired them to go round to the neighbouring pawnbrokers, to get them to stop it, if she offered to pawn it. Thomas Brown has the watch.

THOMAS BROWN sworn.

I am a pawnbroker. On the 24th of May, between three and four o'clock, a watch was offered me to pawn by the prisoner.

How far is your house from Mrs. Scott's? - About three or four hundred yards. She then said her name was King. I never saw her before, but I can swear to her person. I asked her whose watch it was. She said it was not her own, that it belonged to one Mrs. Smith, in Drury-lane. I had some suspicion of her. I sent the boy with her to Mrs. Smith's. The prosecutrix's woman found the boy, and the woman came to our house.

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

PRISONER's DEFENCE.

I have no witnesses but God and your honours. If I had meant to steal it, I would not have pawned it so near hand. I had an acquaintance to bring me some money on Sunday. I wanted a little before hand. I did not mean to wrong her of it.

GUILTY . Imp. 6 Months .

Tried by the Second Middlesex Jury, before Justice WILLES.

Reference Number: t17810530-30

323, 324. THOMAS HOLLIDAY and WILLIAM SHERBURD were indicted, for that they, in the King's highway, in and upon John Phillips feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silk purse, value 6 d. a guinea, and a watch with a gold case, value 10 l. a gold watch-chain, value 3 l. two seals set in gold, value 3 l. and two shillings in monies numbered, the property of the said John , May the 6th .

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

Mr. JOHN PHILLIPS sworn.

On Sunday night, the 6th of May, I was coming from Clapton near Hackney, to town, in a coach, at about nine o'clock. It was moon-light. Coming by Bethnal-green , two men rode up to the coach; the man on the right-hand stopped the coachman, the man on the left rode up to the side of the coach that I sat on, and was going to open the door; upon which I let down the glass. He presented a pistol, and asked for my purse. I gave it him. There were a guinea and three or four shillings in it. He then asked for my watch. I did not give it him immediately.

He bid me make haste, he must have it. I then gave it him. It was a gold watch in a single case. There was likewise a gold chain, two seals set in gold, and a gold key. They rode off immediately.

How long were they about this? - About two or three minutes; not longer. The man on the right-hand I could not see: the man on the left's face was so hid, I could see little of him: he had a great coat over his chin, a hat flapped over his face, and a large handkerchief round his neck. I could not distinguish them. I looked out of the coach, and saw two men ride down the lane. My servant brought a man to me, who said he knew these two men I saw ride down the lane. I then told him I had just been robbed.

What is that man's name? - George Haley , I think, he calls himself. He was a stranger to me; I never saw him before. I asked him if he would go with me to Justice Sherwood's office: I took him into the coach with me, and we went down to the office; and Justice Sherwood sent two men with that man to watch for these men. In the morning I heard they were both taken.

Can you describe the person that was on your side, his stature, or his clothes? - He had a very large great-coat on, buttoned over his face; it was rather a dark colour, I think. He appeared to me rather a square man, of large features; I saw very plain that he had a very large nose. I thought he was a little marked with the small-pox.

You did not make any observations on the other? - No; I could not: I did not see his face. I was alone in the coach; it was my own coach; and I had a servant behind.

Was any thing found on the men? - No.

Cross Examination.

Were the coachman and footman both sober? - The footman is a sober man; I cannot say much for the coachman.

Was he sober that night? - I cannot say.

He is often in liquor? - So often, that I can hardly distinguish when he is and when he is not.

Could you see how the other man was dressed? - In a light great coat: I only saw his back. When they came to the Justice's, there was a number of people attending for one of the prisoners, to prove he was at a public-house at the time.

You did not observe any thing about the horses? - Nothing at all. I have had the coachman six months; he is a very good coachman; he drives as we I drunk as sober.

He has not heard his character? - He knows it very well: that is the character I had with him, though he was recommended as a very good coachman.

FRANCIS WHITEFIELD sworn.

On Sunday the 6th of this month, I was driving my master home from Clapton to Bethnal-green. I was stopped by two men that were riding on the road: one of them clapped a pistol before the horses heads, and made me stop directly; and after that made me look over the horses heads, not to look back.

Did you make any observations on the person or dress of the man? - He was a moderate-sized man; a pretty fair complexion. It was a very light night: he had a great coat on, and a handkerchief round his neck; but, being in confusion, I did not take notice of his dress. He went from me, and threatened the footman behind, and made him hold down his head. The other went and opened the door, and threatened my master very much, and bid him be quick. They turned round, and went as if they were going to Old Ford, behind the carriage.

How long were they doing this? - Not above a minute.

You cannot swear to either of the persons? - Perhaps I can: (pointing to Holliday) that is the man that threatened my life.

You say, the business was only one minute in performing; will you take upon yourself to swear to the person of a man you saw only for the space of a minute, and never saw before; and under the terror of the robbery? - I mean to speak nothing but the truth.

Was you perfectly sober, or drunk? - I was perfectly sober; I am clear of it.

Had you been at a public-house at Clapton that afternoon? - There is no one can say they saw me there.

Had you been at one? - I had not.

You had had no strong liquors of any kind? - No, I had not; I had nothing but some small beer.

Did you make any accurate observations upon the man, so as to be able to swear to him so positively? - I am certain he was the man.

You was in a flurry at the time? - No, I was not.

Cross-examination.

How came you to be so sober on that day, more than any other day in the year? - I do not know that I was remarkably sober.

You are apt to be remarkably drunk. - If I had been a drunken servant, I should not have staid so long in my place as I have.

Your master gives a different account of you; he says, you are a drunken servant. - My master don't know when I am drunk or sober.

JAMES PENRY sworn.

I was behind my master's coach, coming from Clapton. Two men stopped the coach; one came up to my master; what he said, I cannot tell: the other came up to me, and bid me turn my face the other way, or he would blow my brains out. He went to the coachman, and said the same to him. My master did not deliver directly. The man that pointed the pistol to me, went and opened the other door, and d - ned and swore, why did not he make haste? Then they rode off; as they went off, one of them pointed a pistol to me, and swore, if I rode after him, he would blow my brains out. I went back about twenty yards, and met a man and woman. I asked them if they saw two men ride by? The man made answer, Yes; and said, he knew them both. I brought him to the carriage, to my master; at the carriage door he said, one was Thomas Holliday , the other William Sherburd .

Do you know what that man's name is? - Yes; George Haley : he went into the carriage with my master: the coach stopped in Whitechapel, and he got out, and went to Sherburd's father; what to do, I cannot tell. I know no farther of that.

Can you speak to either of the persons that robbed your master? - Yes; Thomas Holliday was the person that pointed the pistol to me: he had a great coat on.

Did it not come over his chin? - No.

Was his hat flapped? - A little.

Do you take upon you to swear that is the man? - I am certain; I saw his face enough to know him.

Did you observe the other? - He had a brown coat; I could not see his face. That was the man that took the money.

The man that pointed the pistol to you had a great-coat on? - Yes; it was of a light colour. I did not observe whether he had a handkerchief about his neck, or not.

GEORGE HAYLAND sworn.

To Penry. Is that the man you mean by George Haley ? - Yes.

Hayland. On the 6th of May I was in company with a young woman, coming across Bethnal-green. I saw the two prisoners on horseback; they passed me, and I looked them full in the face, and said, There you go, Billy. The gentleman's servants hearing me say that, came up to me, and asked me if I saw two men pass me on horseback? I said, Yes. He said, Do you know them? I innocently said, I do. The gentleman, hearing me say that to the servant, asked me, if I knew them? I said, I knew them very well; they were two neighbours of mine; and mentioned their names. The gentleman desired me to go into his carriage, till information was made; which I was very 1oth to do.

What are you? - I work in the aqua fortis and vitriol business. I have known Sherburd from a child; I never knew any harm of him.

The prosecutor took you in his carriage, and then stoppeed in Whitechapel? - Yes, I went down to Sherburd's father's house; I asked his father, if William was at home? He asked me what I wanted with him? I said, he had done a thing at Bethnal-green, he should not have done; that he and Thomas Holliday had robbed a gentleman. I then went with the gentleman to Justice Sherwood's, and gave information of the two persons names. I did not see them stop the gentleman's carriage, nor did I see them rob

him. Justice Sherwood's clerk sent two or three of his men to watch for them. I went with them to Whitechapel, where I live; but did not go with them, to take them. When they were taken, Holliday sent for me, and said, he wanted to speak to me; and, when I came up to him, he knocked me down.

How far might they be from the coachman when you met them? - About twelve yards from the coach.

Were any other people riding upon the road at that time? - I saw no other.

SAMUEL YARDLFY sworn.

I belong to Justice Wilmot's office. Mr. Sherwood's people called me out of bed on Sunday night, the 6th of May, and acquainted me they had had an information of a robbery on Bethnal-green; they asked me if I knew such people, mentioning the names of Holliday and Sherburd: I told them I had known them both some years. We went and waited by Holliday's house till half after three in the morning; and then we went to refresh ourselves: we saw nobody go in or out during that time.

Who was in your company? - John Farrel and John Mason .

Is Holliday an house-keeper? - I believe he is; the house is in the Willow-walk, I believe they call it, near Bethnal green. We came again about six o'clock, and planted ourselves at each end of the walk, and waited for his coming home. I was reading a news-paper in a neighbouring public-house, and saw him come home, on horseback, about a quarter before eight. As soon as he alighted from his horse, I apprehended him, in his own yard. I left him in custody of Farrell, and searched the house: I found nothing but some powder, in a piece of paper. He asked me to go with him to Sherburd's father. Going along, this young man was coming by. Holliday struck at him, and hit him a blow on his face: he asked him what that was for? he said, For going to Sherburd's father that night. We went to Sherburd's father; he said, he knew where Sherburd was, and sent for him; his sister fetched him. I said, he must go before the justice likewise. I took them to Sherwood's, with the assistance of Farrell; and they were committed.

Sherburd's witnesses appeared before the justice, to prove where he was that night? - Yes, I believe about three of them.

John Farrel confirmed the evidence of Yardley, as to the taking of the prisoners.

John Mason confirmed the evidence of Yardley and Farrel.

Holliday. I leave my defence to my counsel.

Sherburd. I leave it all to my counsel.

For HOLLIDAY.

ANN COVINGTON sworn.

I was a servant to a Mr. Swaine, in Little Britain. On Sunday the 6th of May, I was at Holliday's house in Prince's Row, Whitechapel. I went there about six in the evening, and staid there till about half after nine; then I went away: he was at home all the time; he talked of having his supper, when I went away, and going to bed: the supper things were set: they wanted me to stay supper.

ELIZABETH GRETHAM sworn.

I go out a nursing. I live in Thomas Holliday's house. On Sunday the 6th of May, I came home between eight and nine o'clock: I went up to bed about nine o'clock: Holliday was at home when I came home; I heard his voice in the house after I was in bed. About half after nine; he sent his wife up to know if I would have any thing to eat; I said I was very ill, and wanted nothing but rest.

JOHN GRETHAM sworn.

I am servant to Mr. Holliday. I was at home on Sunday the 6th in the evening, from nine o'clock till very near ten: he was at home all that time.

(Two witnesses were called, who proved that the horse Holliday rode when he was taken, was delivered to him that morning; and six other witnesses gave him a good character, one of whom added, that the coachman told him, that if he could have some recompence from Holliday, he would not hurt him; but he would sham sick, or shuffle in court.)

For SHERBURD.

GEORGE VOWELL sworn.

I have known Sherburd since Christmas. I saw him at the Blue Anchor, Whitechapel, upon Sunday evening the 6th: I went out, and returned about eight, and then Sherburd was there; I staid till about ten; Sherburd was there all that time, only he was out once about ten minutes; he told me he was at the door: there were four or five of us in company.

DANIEL BUTCHER sworn.

I keep the Blue Anchor in Whitechapel. On Sunday the 6th of May, Sherburd came in about eight; they staid from eight till about ten. I attended at the magistrate's on the Monday.

( William Simmonds , Elizabeth Ainsworth , William Wright , Thomas Tipping , and Sarah Webber , the servant maid at the Blue Anchor, all confirmed the evidence of Vowell and Butcher.)

(Sherburd called eight other witnesses, who gave him a good character.)

HOLLIDAY GUILTY ( Death .)

SHERBURD NOT GUILTY .

(Holliday was humbly recommended by the Jury to his Majesty's mercy.)

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-31

325. JOHN PILKINTON was indicted for stealing a silver watch, value 40 s. the property of Thomas Price , May 5th .

THOMAS PRICE sworn.

I am a coachman . Upon Saturday night the 5th of May, about eleven o'clock, I stopped at Mr. Wall's door in Smithfield , to give my horses some water: as I was going into the house, the prisoner, Pilkinton, came up to me, and gave me a push, and put his hand under my arm, and took my watch out of my pocket: I collared him directly, and said, You have got my watch. He d - ned his eyes and limbs, and used very violent expressions, and swore, if I did not let him go, he would cut me down with a stick. There was a hackney coach standing by: there were three men and a woman with him. He said to them, D - n your bloody eyes! why don't you get into the coach? He got from me, and they all got into the coach, and they drove off: I got on my box, and drove home to my master's. I have known the prisoner these five or six years.

Are you acquainted with him? - Never in my life. I have known him, he having been a coachman, a post-boy, and su ch like.

Did you ever get your watch again? - No: On the Sunday I heard he was taken up for something else, and I went up to the Office in Bow-street the next day: he said he knew nothing of the watch.

Are you sure he took your watch? - Yes: I felt it go out of my pocket.

What did he say to you, when he came up? - He came up, and asked me, How do you do? put his hand under mine, gave me a shove, and took my watch out.

Did you know any of the people that were with him? - Yes: one of them was William Wood : he was tried here yesterday.

Was you sober, or in liquor? - As sober as I am now.

PRISONER's DEFENCE.

This young man went in to drink with me: as we came out, there was a coachman going up Holborn; we asked him to take us into the coach. The prosecutor said he had lost his watch, and laid hold of me. I said, You are a stronger man than me; do not use me ill: if you think I have your watch, take me into the public-house, and search me, or give charge of me: the watch is over the way.

(The prisoner called three witnesses, who had known him many years, and gave him a very good character.)

GUILTY .

Tried by the London Jury, before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17810530-32

326. OTEN BATLEY was indicted for stealing a silk handkerchief, value 2 s. the property of William Hodgson , May 6th .

WILLIAM HODGSON sworn.

On Sunday evening, the 6th of May, I was walking up Bishopsgate-street , about eight in the evening. Just as I turned into Artiilery Lane, a young man came running up to me, and asked me if I had lost an handkerchief; upon which I put my hand in my pocket, and found my handkerchief was gone. He told me a boy had picked it out of my pocket. I turned back with him: John White had hold of the prisoner, and he had my handkerchief about his neck. White took it from his neck, and gave it me: the boy said it was his own, and he had had it some time.

JOHN WHITE sworn.

Passing along Bishopsgate-street, on Sunday evening the 6th of this month, I saw the prisoner take the handkerchief out of the prosecutor's pocket: he turned up a passage; I followed him, and took hold of his coat; he asked me what I did that for, and I pulled him out into the street, and by that time Mr. Hodgson had returned; but before that, I told him a gentleman had lost his handkerchief, and he pulled it out of his pocket, and threw it about his neck: he said it was the handkerchief he always wore about his neck: that was while he was in the passage.

Are you quite certain you saw him take it out of the gentleman's pocket? - Yes.

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

PRISONER's DEFENCE.

He says he had hold of my coat: Is it a likely thing, while he had hold of my coat, that I should take a handkerchief out of my pocket, and put round my neck?

GUILTY .

Tried by the London Jury, before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17810530-33

327. ANN JONES was indicted for stealing a woollen cloth coat, value 10 s. two woollen cloth waistcoats, value 10 s. a sattin ditto, value 2 s. a pair of woollen cloth breeches, value 10 s. a woman's beaver hat, value 2 s. and a silk bonnet, value 5 s. the property of Thomas Townraw ; and a mahogany tea-chest, value 2 s. the property of John Cock , May 24th .

THOMAS TOWNRAW sworn.

I live in Dolphin Court, Noble-street, Foster-lane . On the 24th of this month, I lost the things mentioned in the indictment (repeating them). They were taken out of my back garret, up two pair of stairs.

MARY TOWNRAW sworn.

I am wife to Thomas Townraw . The things mentioned in the indictment were all lost out of the back garret: my mother, Mary Gee , works in the back garret. On the 24th of May, about eight in the evening, I had just been across the way; coming up the steps of my own house, I met Ann Jones coming out of the house. She asked if one Mrs. Connor lodged in my house, that took in men's clothes to scour. I said, No. She went on; I went in, and asked my mother, who was in the kitchen, if she had locked the garret door. She said, she had. I went up stairs directly, and found the door open: my husband's clothes were gone. I went down stairs, and made a hue and cry in the street: the prisoner was pursued, and taken.

BRYANT CHANDLER sworn.

I am a constable. I pursued the prisoner; I found her in Bury-court, Love-lane. The things were on the ground near her.

HENRY CRIPS sworn.

I live in Bury-court, Love-lane. Coming down, between eight and nine, I saw the prisoner in the first house in the court, with the clothes mentioned in the indictment, in her apron. A servant that lives next door to me, and a gentleman's daughter, asked her what she did there? She gave them some saucy answers, and I came down, and asked

her how she came by these things? She asked me if the clothes were mine? I told her, no; but it was my opinion she had stolen them. I told her it was proper she should be detained till we could hear of somebody that had lost something of the kind.

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

PRISONER's DEFENCE.

A young woman came to me, and asked me to hold these clothes, while she went to enquire for a scowerer, up the court. I waited a matter of a quarter of an hour; she did not return. I went into the court, and enquired if there was a scowerer lived there: I could not find one, and went and laid the clothes down, and stood by them. I was afraid I should have a noise for staying.

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

GUILTY .

Tried by the London Jury, before Mr. Justice WILLES.

Reference Number: t17810530-34

328. JOSEPH SMITH was indicted for stealing a woollen cloth coat, value 3 s. the property of Griffith Jones ; and a woollen cloth coat, value 4 s. the property of Floyd Clay Peck , April 30th .

GRIFFITH JONES sworn.

I am warehouseman to Mr. Jacobs, a chemist and druggist, opposite the Monument. Upon the 30th of April, between eight and nine at night, I was at work backwards; I heard somebody in the shop; I ran into the shop, and missed the clothes mentioned in the indictment: they were taken off the hogsheads, at the further end of the shop. I pursued, and overtook the prisoner in Pudding-lane, at about two hundred yards distance from our house, with the coats under his arm: just as I laid hold of his coat, he dropt the clothes; he was never out of my sight till I took him.

FLOYD CLAY PECK sworn.

I am servant to Mr. Hodgson. I was backwards, at work. My coat was taken from the hogshead. I went into the shop with Jones; I did not pursue him.

(The two coats were produced in court, and deposed to by the prosecutors.)

ABSALOM JONES sworn.

I am brother to Griffith Jones . Upon the 30th of April, as I was coming to my brother, at about half after eight o'clock, or thereabouts, I saw a person look in at the shop window; I went to the post of the door, and turned round to look at him: as soon as he observed me look at him, he went up a gateway; I went about five doors farther; I came back, and saw a man run across Monument-yard, with a parcel of clothes under his arm; but I cannot tell who that man was.

PRISONER's DEFENCE.

I heard a person cry, Stop thief! I ran across into Cannon-street, and this man came and laid hold of me. I never had any clothes. I was making the best of my way over the water.

GUILTY .

Tried by the London Jury, before Mr. Justice WILLES.

[Imprisonment. See summary.]

Reference Number: t17810530-35

329, 330, 331. JOHN CORN , WILLIAM WOOD , and ELIZABETH BOSTON , were indicted for stealing a linen handkerchief, value 12 d. a muslin neckcloth, value 2 d. a pair of brass scales, value 12 d. and three brass weights, value 6 d. the property of John Edgerly , May the 25th .

MARY HALLETT sworn.

I am servant to John Edgerly , a publican , No. 33, in Shoe-lane . On the 25th of this month, about five o'clock, John Corn and Elizabeth Boston came in, and asked my master for three-pennyworth of gin and water: afterwards William Wood came into the room, and they called for another bowl; I made it, and took it to them: when I came

in, I saw one of the slides of the bureau left out, and one of the drawers a little out: then I suspected the prisoners. I went down into the cellar, and told my master what I suspected. They were taken in the room: the handkerchief and neckcloth were in the window: they were taken out of the bureau. The scales and weights Wood had in his hand when I came in.

How long had you been out of the room? - About five minutes: they wrenched it open.

JOHN EDGERLY sworn.

On the 25th of May, the prisoners were at my house. My bureau was locked. I kept the key myself. The scales and weights were in the drawer of the bureau that was not locked. My handkerchief and neckcloth were in the bureau.

To Hallett. Did you see the bureau broke open? - When I came up from my master, I placed myself against the glass of the door, and saw John Corn wrench it open, I do not know what with.

JOSEPH THOMPSON sworn.

I was sent for: I saw the bureau had been forced: I found a large spike-nail in the room; I tried, and it fitted the mark where it had been wrenched open. They did not attempt to go away, nor make any resistance. I found an handkerchief and neckcloth in the window.

CORN's DEFENCE.

I promiscuously went into the Two Brewers, in Shoe-lane. I went to meet a young man at four o'clock, as I had appointed, to buy two canary birds. I met this young woman at the door: we recollected one another: we sat about half an hour: then this young man came and said he was sorry he kept us so long, but one of the birds was dead. We had a bowl replenished. Just after, she came in, and said we had broke her master's desk open. I know nothing of it; nor did any there, I am persuaded.

WOOD's DEFENCE.

I had not been five minutes in the room before the girl came in, and charged us with breaking a desk open.

BOSTON's DEFENCE.

I met Corn at the door: he asked me to go in and drink: I went in; and they charged us with this. I know nothing of it.

(Corn called one witness, and Boston two witnesses, who gave them good characters.)

CORN WOOD

Guilty of stealing to the value of 8 d. - Imp. 6 Months .

BOSTON NOT GUILTY .

Tried by the London Jury, before Mr. Justice WILLES.

Reference Number: t17810530-36

332. JOHN JONES was indicted for escaping from the ballast-lighters, and being found at large before the expiration of the term for which he had been sentenced to hard labour on the river Thames , April the 2d .

(The copy of the certificate of the delivery of the prisoner not being properly authenticated, he was found Not Guilty, and remanded to his former sentence.)

NOT GUILTY .

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

Reference Number: t17810530-37

333. ISAAC PHILLIPS was indicted for stealing a gold ring, value 3 s. and three guineas, a half-guinea, and three shillings, in monies numbered, the property of Henry Heather , privately from his person , May the 27th .

HENRY HEATHER sworn.

I am a soldier in the Coldstream regiment of Guards. On Sunday last I had three guineas and an half, a gold ring, and some silver; the gold ring was put into my purse with my money. I had four guineas which were left me by a relation: I changed one, and had three and an half left, and some silver. I took a hackney-coach in St. Paul's church-yard to go to Shadwell: the prisoner

was in company with me. I went to Paget's, a spunging-house, the sign of the Three Tuns, in New Gravel-lane . I called there to treat the coachman with a pot of beer, and to pay him. I was not very sober: I was a little asleep in the coach. When I awoke, I found the prisoner putting my purse into my pocket. When I came home, I missed my watch: the watch was returned to me by the prisoner; he said he had taken care of it for me. When I came home, I examined my purse; and my money was gone. When I charged the prisoner with taking the money, he said he would enter an action against me for scandling him.

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

NOT GUILTY .

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

Reference Number: t17810530-38

334, 335. JOHN BEVAN and ROBERT CLOD were indicted for stealing seventeen hempen sacks, value 30 s. and sixty-eight bushels of malt, value 10 l. the property of Samuel Thornton , the said goods being in a certain barge, on the navigable river of Thames , April the 22d .

SAMUEL THORNTON sworn.

On Sunday morning, the 22d of April, going down to the water-side, at two o'clock, I missed the malt mentioned in the indictment, out of the barge. I took a boat, and went down the river. In coming by Wapping, at Union-stairs , in a place called the Mud-hole, where ships lay on shore to be sold, I saw a little punt belonging to Bevan. Her stern and her head were very lofty; that led me to think something was in her. I examined the punt, and found 17 sacks I had lost; my name was on 10 of them.

What wharf is your barge moored at? - Wright's wharf, in the parish of St. Botolph, Aldgate. There were 157 quarters of corn on board, in 314 sacks.

When you came down on the Sunday morning, what did you miss? - I saw a great hole on one side. I examined it. There were 17 sacks missing, containing four bushels each.

Cross Examination.

Who did that punt belong to? - The prisoner's father. The prisoner worked in it. He built a fine place in it for the reception of himself and a boy in the night.

He was not on board when you found the sacks? - No; she was made fast to a Dutchman, and nobody on board.

HENDERSON SCARLET sworn.

I loaded the barge myself, and took in 157 quarters of malt; and my master and I left her safe at night. The same sacks were found on board this punt.

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

Cross Examination.

Craft are often taken from one place to another by people that do not belong to them? - I cannot answer for that: our craft is often turned adrift.

And it is a common thing for the first person that knows the craft to fasten it for you? - Sometimes they do.

Court. Is it a common thing to take corn out of one barge into another? - No.

BENJAMIN MILLER sworn.

I am an apprentice to Joseph Miller , my father, who is a waterman. I was in the skiff with Bevan when he took the corn out of the prosecutor's barge, and put it into the punt. He took first five quarters in the skiff, and carried it to his punt, and put it in his punt; then he went and took three quarters more, and Clod took the punt to Union-stairs: then we came along-side the punt, and put the three quarters in, and laid there till morning; then we went on shore.

Cross Examination.

You was taken before the justice, and committed? - Yes.

Who took you before the justice? - My father.

You was left in the care of the punt? - Yes.

You lived in this punt? - I lay there sometimes.

You was going to be tried for this? - Yes.

You said you could prove your master was concerned in it, and then they admitted you an evidence; and the justice said you must swear against your master, or you would not be safe yourself? - Yes.

Thornton. The boy came voluntarily to me, and was not committed: I was directed to get him committed, for fear he should get out of the way.

( Bevan called a great number of witnesses, who gave him a good character.)

(There being no evidence to affect Clod, he was not put on his defence.)

BOTH NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-39

336. MARY ROBINSON was indicted for stealing a linen gown, value 20 s. the property of Jane Stewart , May 8th .

JANE STEWART sworn.

On the 8th of May, between four and five o'clock, the prisoner came up into my room. She goes out a washing. Afterwards she sat down by the fire, and fell asleep, as I thought. I was not very well: I pulled-off my gown, and laid it on the foot of the bed, and laid down myself. I did not sleep long: when I waked, I missed the prisoner and the gown. I went to the pawnbroker's, and found my gown at Mr. Lane's in Drury-lane. I found the prisoner at a public-house in Russel-street.

JOHN LANE sworn.

I have a linen gown I took in of the prisoner, on the 8th of May, about four or five o'clock.

PRISONER's DEFENCE.

About the latter end of February, or the beginning of March, I called upon an acquaintance; this young woman was there. She said, while I was out of place, I was welcome to stay with her, and was welcome to any thing she had. She had taken some things from me: she directed me to pawn it for a few shillings.

For the Prisoner.

HENRY WEATHER sworn.

I am a shoe-maker, at No. 1, New Compton-street, St. Giles's. I have seen the prosecutor several times walking the street: the last time I saw her at Justice Hyde's.

GUILTY . Fined 12 d. and Imp. three months .

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

Reference Number: t17810530-40

337. WILLIAM JACKSON was indicted for burglariously breaking and entering the dwelling-house of Esther Maclode , widow , on the 25th of May , about the hour of one in the night, and stealing a silver tankard, value 10 l. a silver pint mug, value 5 l. a silver punch ladle, value 10 s. three silver table spoons, value 30 s. nine silver tea spoons, value 18 s. four silver salts, value 40 s. a silver pepper castor, value 20 s. a pair of stuff shoes, value 2 s. a pair of silver buckles, value 10 s. seven linen shifts, value 14 s. four muslin handkerchiefs, value 6 s. a linen housewife, value 6 d. and a piece of silver Spanish coin, called a dollar, the property of the said Esther Maclode , in her dwelling-house .

ESTHER MACLODE sworn.

I keep the Jolly Sailor, a public-house, in Radcliffe Highway . On Friday night, the 25th of May, I went to bed about twelve o'clock: I was the last person up: there is only myself, a maid, and an old woman, in the family.

Before I went to bed I saw the house was fast: I fastened the doors and windows with my own hand. In the morning I found my chamber window was opened, and a piece of it broke off: the sash was down, and whole, when I went to bed; I was in bed at the

time; I take it to have been done between one and two o'clock; I was waked by the noise; I pulled by the curtain, and I saw my gown half out of the window; when I went to bed, I laid it on a chair back. We had a great wash; there were seven-shifts in the platter, that had not been put by. I saw the platter was empty; I was in such a fright, I could hardly open the door, but it was God's mercy he did not kill me.

You was not waked with the breaking the window? - No, with the going out. I burn a rush-light; that was blown out; the maid went and fetched my daughter, who lives a little way off. I had some handbills printed, and dispersed. The prisoner was very ragged the day before; the next day he had good clothes on. The keys were taken out of my pocket, and the beaufet opened, and the tankard, pint mug, and spoons taken out. I lost all the things mentioned in the indictment (repeating them) The dollar I had had above forty years: my husband gave it me before I was married; and the housewife and dollar were found on the prisoner when he was taken: I saw them at the justice's.

MARTHA HASLAM sworn.

I am servant to the last witness. I know the housewife. When I came down stairs, the window of my mistress's room was broke open: my mistress called me a little before two o'clock, I believe.

JOHN FARRELL sworn.

I have the house wife (producing it). One Peter Mairn took the prisoner in Red-lion street: I took him into the back parlour at the Rose and Crown, and found this housewife in his inside coat pocket. His breeches pocket being turned, he put his hand into his breeches pocket, and took five guineas and some silver and this dollar out (producing it). He wanted to conceal the dollar; and then he fell a fighting with us, and I desired Mairn to lay hold of his hand; he did, and we wrenched it out of his hand.

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

ANNA MARIA HARE sworn.

I know this to be my mother's housewife.

PETER MAIRN sworn.

I took the prisoner into custody, in Red-Lion-street: he was pretty resolute. I got a coach, and brought him down to Shadwell; the justice was not there; he was at the Rotation-office. Farrell came up to me, to Whitechapel, and searched him in the parlour, and found five guineas, that housewife, and that dollar upon him. I knew the prisoner, and seeing him with new clothes, I suspected he was concerned in this fact.

PRISONER's DEFENCE.

I was in bed by ten o'clock that night, and was not out till after day-light, when I went to work in the morning. I am a cooper, and work for Mr. Murphy, in Bridge-yard. I picked up the housewife, and dollar in it, going to work.

To the prosecutrix. When you went to bed, was the dollar in the housewife, or loose in your pocket? - I always kept it loose in my pocket.

GUILTY ( Death .)

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-41

338. WILLIAM RIDGE was indicted for stealing a carcase of a lamb, value 10 s. the property of Richard Hembrew , May the 10th .

RICHARD HEMBREW sworn.

I am a butcher . On the 9th of May, about eleven o'clock at night, Patrick Donallan , a watchman of St. Giles's, came and knocked at my door, and said, he saw two men pass by my door, with a carcase of lamb. I sent my servants to see if it was my lamb; I did not get up myself. The next morning the lamb was brought to Litchfield-street office, and I went and looked at the lamb; but did not know it to be mine: then my servants were sent for; one of which supposed the lamb was mine. The prisoner has been my servant for near two years, greatest

part of the time: he has been from me three months. He behaved very honest; I never had any suspicion of him.

WILLIAM MARTIN sworn.

I am a slaughter-man; I am servant to the prosecutor. I locked the slaughter-house door; the lamb was safe when I left it, which was about twelve o'clock at night.

JOHN WEAVER sworn.

I am Mr. Hembrew's servant. I believe that I dressed the same lamb that was taken away from the slaughter-house.

EDWARD TREADWAY sworn.

I was in the watch-house on the 9th of May, between eleven and twelve at night the watchman brought in the prisoner, w a dead lamb.

PATRICK DONALLAN sworn.

I am a watchman. I saw the prisoner, and another man, going up Dyot-street, about half after ten o'clock, with the lamb upon his shoulder. I asked him, where he was going with it, at that time of night? The other gave me answer, what was that to me? I took the prisoner to the watch-house; the other ran away: the other said, he would go for the master he bought the lamb of. The prisoner went very quietly to the watchhouse; then the prisoner said, his master owed him 13 s. and one of the men bid him take the lamb for the money. He gave me a direction to his master. I went to Mr. Hembrew's slaughter-house, to see if it was open.

To Weaver. Was you sent for to look at the lamb? - I was sent for to the Rotation-office.

Do you know the lamb found on the prisoner was the lamb that was in the slaughter-house? - I believe it was.

To Donallan. What became of the lamb? - I brought it to the watch-house, and left it in Treadway's hands.

Treadway. I carried it to the justice's.

Was Weaver there? - Yes.

Was the lamb produced there, the same the watchman brought with the prisoner? - Yes.

To Weaver. Did you see the lamb that was at the justice's? - Yes.

Did you know it? - I believe it was the lamb I dressed.

Can you undertake to of a is a particular way of placing the kidneys.

When had you dressed it? - I believe, on Wednesday night; I am not positive to it.

By what mark can you swear to it? - By the manner of putting the skewers.

May not other people put skewers the same way? - Yes, they may.

To Hembrew. Do you think you could swear to your own lambs, when they are dressed? - I do not think I could: many people dress like us; many people do not.

(The prisoner did not say any thing in his defence, but called two witnesses, who gave him a good character.)

NOT GUILTY .

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

Reference Number: t17810530-42

339. REBECCA COWLEY , spinster , was indicted for the wilful murder of her new-born female bastard child .

THOMAS SHIRLEY sworn.

I am a constable, of the parish of St. Martin in the Fields. I was sent by the sitting magistrate to Mrs. Margaret Marsh 's, at No. 5, in Coventry-court, on the 1st of May. I went to desire Mrs. Marsh to come to speak to Justice Addington. Mrs. Marsh came up to the office, and told the justice where the prisoner lived. Charles Jealous and I went to the prisoner's lodgings. We found her mending her stays. She was at a house they sell greens at, in Church-court, at the back of St. Martin's church. I told her she must come along with me. She was willing to come. She fell a-crying as soon as she saw me. She was taken before Justice Addington.

Was her examination taken in writing? - I cannot be positive whether it was or not: I heard her say she was but four or five months gone with child.

Did she say in what manner she had been delivered? - She said she was upon the necessary, at her mistress's house, and the child dropped from her. I was immediately dispatched from the office for a nightman: this was about one at noon. I went with the nightman to search the necessary. We pulled the flooring up. He went down, and brought up a female child.

Could you see the child before it was fetched up? - We had looked with a candle, but could not see it. The nightman washed the child.

Was any after-burthen found in the necessary? - Nothing else but the child was found at that time.

Was it a wet soil or otherwise? - Wet; the child lay under what they call the crust.

After the child was washed, did you make any observation upon the body? - The child looked fair and white: in an hour after it changed. It had been in the privy from Friday till Tuesday.

THOMAS CROSBY sworn.

I am a nightman. I went on the 1st of May to examine this little house. I looked with a candle into the filth, but could not see any thing without going down.

How low did the child lie in the filth? - About eighteen inches below the surface.

Was the ordure moist, so that any thing could sink into it? - Yes, it was. It was a female child. I washed it; and then examined it very closely.

Did you see any bruise, mark, or wound, upon it? - None but a little blemish, a lump at the back of the head, about the size of a pea.

In what posture did the child lie in the filth? - Upon its belly.

ANN SPENCER sworn.

I lodged between six and seven months at Mrs. Marsh's, in Coventry-court.

Did you usually lie with the servant, Rebecca Cowley ? - Sometimes.

Do you remember on Thursday going to bed with Rebecca Cowley ? - Yes; but I cannot tell the day of the month: but it was the Thursday preceding the Monday when the child was taken out of the necessary, when we were going to bed, she said she was very ill, and would rather I should sleep by myself. I said she would not disturb me. We both went to bed together. I went to sleep. I awaked, and asked her how she was. She said she was very ill. Some time after I asked her again how she did. She said she was better.

Was this the middle of the night? - Yes.

Did she say what had made her better, or where she had been? - She said she had been in the yard.

Did she get up in the morning? - Yes, and did her business as usual. When I got up, I saw something upon the sheets which appeared like a miscarriage. I told Mrs. Marsh so. Mrs. Marsh called the prisoner, and asked her what was the meaning of it. She said she had not been very well.

Did she deny it being a miscarriage? - Yes.

Was there no candle in the room? - I cannot tell whether there was a candle in the room or not. We went to bed together again on the Friday night. She then said she wanted to do something. I lifted her a hand-bason. There was a candle burning. I looked into the bason, and saw something wrong. I went down and told Mrs. Marsh, and she came up immediately. Mrs. Marsh then went and called Mrs. Wilson.

Are you an unmarried woman? - Yes.

Therefore you don't understand the nature of what was in the bason? - No; but there was something wrong in the bason.

ELIZABETH WILSON sworn.

I lodge at Mrs. Marsh's house.

Are you an married woman, or a widow? - I am a widow.

Have you had children? - One. I was called up by Mrs. Marsh on Saturday, between two and three o'clock in the morning. She carried me into the prisoner's room, to look at a bason; I looked into it, and there I saw the after-birth of a child. I asked the prisoner if she had had any thing come from her? She said, No. She said, the morning before she had something dropped from her into the little house; but she could not tell what it was.

- MARSH sworn.

How long had the prisoner lived with you? - A little better than three years. She was very young when she came to me: the mistress she lived with before is in court. She was a very honest, sober, well-behaved girl.

You heard some whisper in the neighbourhood that she was with child? - I did, near three months ago; I believe I challenged her with it. She said, She was not with child; and she wished people would trouble their head with their own business: she was not with child; and if she was, she should not trouble them with it.

Did Mrs. Spencer lodge in the house? She did then, and does now. She told me she thought Beckey had miscarried; I spoke to the prisoner about it. She said, she had not; it was no such thing. She said, she was taken very ill on Friday morning, with eating of spinach; that she went down into the yard, and was better; but she had no miscarriage, nor nothing of that kind. I was called out of bed between two and three o'clock on Saturday morning by Ann Spencer , and I called Mrs. Wilson up. Ann Spencer desired me, for God's sake, to come up stairs, for she believed Beckey would die. When I went up, I saw the prisoner upon the bed, leaning on her right elbow, with the wash-hand bason in her hand: I saw something in the bason, which I thought was the miscarriage of a child.

Are you a married woman yourself? - Yes.

Was it the after-burden? - Yes, it was.

This girl, you said, behaved sober and honest? - Yes; and I never saw her in company with a man in my life.

Was she in her disposition humane and tender? - Yes.

Did you ever see the child? - No.

When I told her, it was an after-birth, she said, if she had had any child, what I saw was it; that she knew nothing of any other.

CATHARINE THOMPSON sworn.

I had suspected her to be with child for some months past. I met her one day in Rupert-street, in the beginning of February; I asked her, if she was not with child? She said, No. I said, You are with child. Come to me before you are brought to bed, and I will give you some baby-clothes.

You had a kindness for her, had you? - I knew her three years ago, an honest, modest, simple girl.

You heard afterwards that she was brought to bed? - I did.

ELIZABETH EDWARDS sworn.

I have had a great deal of conversation with Mrs. Marsh, about this.

Had you any conversation with Mrs. Marsh in the presence of the prisoner? - On the Monday after she was brought to bed, I went to Mrs. Marsh's; the prisoner opened the door; that was between eleven and twelve o'clock: the prisoner was present. I asked Mrs. Marsh, which I was to believe, her, or her maid? Mrs. Marsh said, she had had a child; the prisoner said, No. I had no more conversation while the prisoner was by.

ELEANOR WILLIAMS sworn.

I live at Mr. Thompson's, a green-shop. The prisoner came to me about three months ago: I suspected she was with child. She desired me to get her some savoign root; I said, I could not. I thought she was with child.

Mr. JOHN THOMAS sworn.

I am a surgeon. I was called upon to examine the body of the child, on the first of May.

Did the child appear to you to be full grown? - It was a female child, and appeared to be full grown.

Were there any marks of violence upon it? - There was the appearance of a blow upon the head; but it did not appear to be inflicted by any acute body, but something blunt; a board, or stone, or the like.

Might not that bruise be occasioned by its falling from her body into this little house? - If it fell upon any hard substance: it was on the back part of the head.

You cannot say, what might be the occasion of the death? - No.

To Ann Spencer . Was you awake when she went down into the necessary, on the Friday morning? - I was not.

Mr. HENRY JARVIS sworn.

I am a surgeon. I examined the body.

Was there any external appearance upon the body? - There was some little blow, or black appearance upon the back part of the head.

You cannot tell how that was occasioned? - It is impossible for any person to say: it might have happened upon falling into the necessary, or an accidental pinch upon the body. It did not appear that any blow had been given.

NOT GUILTY .

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

Reference Number: t17810530-43

340, 341. MARY PRICE and MARY SMITH were indicted for stealing three yards of muslin, value 14 s. the property of Agnus Mackenzie , privily in his shop , May the 25th .

- M'KENZIE sworn.

I am the wife of Agnus Mackenzie, who keeps a linen-draper's shop in Wardour-street, Soho . On the 25th of May, about four in the afternoon, the two prisoners came into the shop, to purchase a very small quantity of clear lawn; my shopman and I shewed them several pieces: there were other

customers in the shop, and there was a parcel of muslins lay on the other counter: after they had looked at the lawn, they ordered a half yard to be cut off, which came to 15 d. I saw Price fingering the muslins on the other counter: I went round to her, to shew them to her, and to tell her the price: she said it was too dear: I then went round to the other woman, to cut off the lawn, and take the money. When they were going out, the man informed me, one of them had taken a piece of muslin. I ordered the shopman to follow them: after some time the shopman brought them back; and afterwards two others were brought in: as they were going into the parlour, through the shop, a piece of muslin, about three yards, dropped; but I do not know from whom.

PETER SPURR sworn.

While I was giving my mistress 2 s. the woman had given me, in order to pay 15 d. for the lawn, I saw the other prisoner take the muslin from the counter; I told my mistress, and she ordered me to follow them. I went, and stopped them; Smith was willing to come back; but Price refused. I went and informed my mistress; and, in about five minutes after, she came back; and then the other two women were brought in, and I saw the muslin drop from one of these two women.

( Samuel Shields confirmed the evidence of Peter Spurr .)

(The prisoners did not say any thing in their defence.)

PRICE GUILTY of stealing the muslin, but not guilty of stealing it privately, in the shop .

SMITH NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

[Imprisonment. See summary.]

Reference Number: t17810530-44

342. ANDREW DANIELS was indicted for breaking and entering the dwelling-house of William Hodgson , on the 4th of May, about the hour of eight in the forenoon, (the said William, and other of his family, being then in the said dwelling-house) and stealing twenty-eight yards of woollen cloth, value 10 l. the property of the said William, in his dwelling-house .

ISAAC CHETHAM sworn.

I live with Mr. Hodgson, a woollen-draper , in the strand . On the 4th of May, about eight in the morning, I had occasion to go down into the kitchen; when I had been there about three minutes, I thought I heard some person in the shop. I immediately ran up stairs, and missed this piece of cloth from off the counter; it lay on the counter when I went down stairs.

Did you leave any person in the shop? - No. I found the door wide open; it was shut when I went down: I went to the door, and saw the prisoner, with the cloth on his shoulder; he turned round, and saw me at the door; then he threw the cloth down, and ran away: I called out, Stop thief! and ran after him, and overtook him a little way up Bedford-street: I never lost sight of him. I seized him, and brought him back. My master came down, and we took the prisoner to Bow-street Office; and he was committed.

What did the cloth contain? - Twenty-eight yards: it is of the value of 10 l.

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

PRISONER's DEFENCE.

I was going of an errand for my mother; seeing a mob running, I ran with them; and the gentleman laid hold of me.

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

GUILTY ( Death .)

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-45

343, 344. BENNETT HARBOURNE and HENRY HASLAM were indicted for stealing a watch, with a base-metal case, value 4 l. a silk watch string, value 5 s. and two base-metal watch keys, value 12 d. the property of William Herbert , May the 8th .

(It appeared in evidence, that the prosecutor lost his watch in the croud, going into the Opera-house; it was afterwards heard to drop in the

croud, and was taken up; but, it not being proved to have been in the possession of either of the prisoners, they were found

BOTH NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-46

345. SARAH HALSEY was indicted for stealing a black stuff petticoat, value 6 d. a linen bed-gown, value 12 d. a linen shift, value 12 d. two cheque aprons, value 12 d. two white linen aprons, value 12 d. a pair of cotton stockings, value 6 d. eight linen handkerchiefs, value 12 d. and a linen cap, value 12 d. the property of Elizabeth Rutherford , spinster ; and a cloth cloak, value 12 d. the property of Richard Batley , April the 27th .

ELIZABETH RUTHERFORD sworn.

I lodge at Mr. Batley's. Last Friday was five weeks I went out in the morning, and came home at night, and missed my clothes; they told me they were stolen, and they had taken the prisoner, with the clothes upon her.

LUCINDA BATLEY sworn.

Rutherford left her clothes at our house about five or six weeks ago, I believe it was. I was over the way, at the cook's shop, drinking tea, about four or five in the afternoon. I saw the prisoner go into the house where I lodge, and I saw her coming out with a great apron-full of things. I went up to my own room, and found the door open, and the boxes in the room open. I had locked the door when I went out; but it is a very poor lock. I missed all the things mentioned in the indictment. I went after the prisoner, but lost sight of her for almost half an hour; then I catched her just by the Star brewhouse, with all the things upon her: I brought her back, and charged a constable with her.

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

PRISONER's DEFENCE.

I am not guilty.

GUILTY .

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

Reference Number: t17810530-47

346. NATHANIEL FORD was indicted for stealing a plain gold ring, value 7 s. the property of Samuel Welch , May the 2d .

(The prosecutor was called, but not appearing, the court ordered his recognizance to be estreated; and granted the prisoner a copy of his indictment.)

NOT GUILTY .

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-48

347, 348. THOMAS BRAY and THOMAS WILSON were indicted for stealing a trunk, value 5 s. six white dimity waistcoats, value 21 s. six pair of dimity breeches, value 21 s. a silk waistcoat, value 10 s. a pair of silk breeches, value 10 s. a silk waistcoat, value 10 s. a pair of velvet breeches, value 21 s. a cloth coat, value 21 s. four pair of silk stockings, value 21 s. two ruffled linen shirts, value 10 s. two plain linen shirts, value 10 s. a quilted linen gown, value 10 s. three pair of shoes, value 2 s. two pair of worsted stockings, value 4 s. two linen stocks, value 4 s. a black silk neckcloth, value 1 s. and a linen handkerchief, value 1 s. the property of Dennis Oakley , Esq ; May 27th .

It appeared upon the evidence, that the prisoners were taken in the attempt to commit a felony; but the felony not being completed, they were found

BOTH NOT GUILTY .

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-49

349. RUTH BELLAMY was indicted for stealing three cotton gowns, value 3 l. a black silk cloak, value 10 s. a white Marseilles

petticoat, value 8 s. a muslin apron, value 4 s. a linen apron, value 12 d. and two muslin neck handkerchiefs, value 12 d. the property of Alice Lloyd , spinster , February the 27th .

ALICE LLOYD sworn.

The prisoner came to me in distress on Shrove-Tuesday, in the afternoon. I was going to lay down. I asked her to wash me out an apron. When I awaked, I missed the prisoner, and the things mentioned in the indictment (repeating them). I left nobody in the room but her when I fell asleep. I went to Bow-street, and gave an information of it, but never found her till Wednesday fortnight; then I heard she was in Tothill-fields. I found one of my gowns at Richards's, a pawnbroker, in Drury-lane.

SARAH VAUGHAN sworn.

I am shopwoman to Mr. Richards, pawnbroker, in Drury-lane. I took in this gown of the prisoner the 20th of February.

What day was Shrove-Tuesday? - The 27th.

To Prosecutrix. Did you miss any thing before the Shrove-Tuesday? - No.

Are you sure the things you missed were in the room before the prisoner went away? - Yes, every thing.

(The gown was produced in court, and deposed to by the prosecutrix.)

THOMAS SANDERS sworn.

The prisoner came upon Shrove-Tuesday to me, where I work, and asked me if I would have any thing to drink. She had lodged in our house about a fortnight. She went over to the public-house, and wanted some gin. I said I had rather have beer. I called for a pot of half-and-half. She went out, and said she would come again. She came again in about ten minutes. She had three gowns, a petticoat, and an apron, in her apron. The prosecutrix came the next day to our house, and asked for her.

PRISONER's DEFENCE.

On the Tuesday before Shrove-Tuesday the prosecutrix and another woman, who are both women of the town, went out and brought in a man, and got a guinea of him. They were both infatuated in liquor. The prosecutrix desired me to pawn the gown for half a guinea, which I did, and stopped the half-guinea, because she owed me 18 s. She was very much in liquor; and so was I. As to her other gown, she lent it to Yorkshire Poll.

To Vaughan. By what do you know the day of the month on which the gown was pawned? - By the book. The prosecutrix came three days after it was pledged, and said Ruth Dilly had stole the gown, and she would have a ticket of it, lest the other should fetch it out. I have the ticket here. It is dated the 22d. She has the fellow ticket.

To Prosecutrix. You say the gown was stole on Shrove-Tuesday? - Yes.

It was pawned a week before, and you went after it two days after? - It was above a week after before I found it.

Had not you sent her before that to pawn the gown? - No, I never did.

How came that one at the pawnbroker's on the 20th? - I do not know. They said it was Shrove-Tuesday. I am almost sure it was Shrove-Tuesday.

NOT GUILTY .

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

Reference Number: t17810530-50

350, 351. ELIZABETH WEYLAND and MARY WHITE were indicted for stealing thirty-six pounds, fifteen shillings, and a piece of foreign gold coin, called a moidore, in monies numbered, the property of Charles Maitland , privately from his person , April 27th .

CHARLES MAITLAND sworn.

On the 27th of April, a little after ten in the evening, as I was returning home, in Hermitage-street I was accosted by the two prisoners: they got on each side of me, and walked so for some distance. Between Hermitage-street and Burr-street, Weyland,

who was on my right hand, made an attempt to get my watch, by catching at the chain; I secured it, by putting the chain in my fob: while I was doing so, White got her hand into my left-hand breeches pocket, and snatched out my green silk purse, in which were thirty-five guineas, or more, and one moidore; I felt her hand about my pocket, and missed my purse; I did not perceive her take it, but I suppose she must have taken it at that time; she ran off, and I pursued her; the other endeavoured to stop me; she got round the corner, and got out of my sight; then I went back, expecting to find the other, but she was gone. After looking some time after them, and going twice down Wapping, I saw two girls with a watchman at the Hermitage-stairs, and by their direction I found the prisoners at a house in East Smithfield. As soon as the door was opened, I saw them, and challenged them; they denied knowing any thing of me, or my money. White had an old night-cap in her bosom, with nine guineas and a half in it; one was a particular one, an old one, which, with the moidore, I took for two guineas, it being light, and being a King James the Second's; I cannot tell the date, but there was a dent upon the head of the king; I could positively swear to that guinea. The constable was then sent for; he questioned them about the remainder of the money: they both denied having any more; I took them up stairs, and searched the apartments above, but found nothing there. Weyland had only one stocking on; being asked for the other, she said it was below stairs, and part of the money was in it; she came down, and told us that the stocking laid under the table; there were ten guineas in it, and one guinea upon the floor; they declared that was all they had; I took them to the watch-house, and they were committed: I observed them, and I am sure the prisoners are the persons.

(The guinea, when produced, appeared to have a dent, not upon the head side, but upon the reverse side of the guinea.)

( Henry Stevens confirmed the evidence of Maitland.)

( Samuel Moses , the constable, confirms their evidence.)

(Susannah Hall confirmed their evidence, as to the finding the money.)

WEYLAND's DEFENCE.

I know nothing of the man nor his money. I am innocent: I throw myself upon the mercy of the court.

WHITE's DEFENCE.

I leave myself to the mercy of the court.

BOTH GUILTY of stealing the money, but not guilty of stealing it privately from the person .

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

Reference Number: t17810530-51

352. ISAAC JESURUN ALVAREZ was indicted for obtaining thirty-one guineas of Thomas Douglas , by false pretences .

THOMAS DOUGLAS sworn.

I live in Aldersgate-street. I am a working-stationer and vellum-binder . I saw this advertisement in the Daily Advertiser of the 1st of March last. (It is read.)

"MONEY READY.

"A Gentleman of strict honour and integrity, who has upwards of 3000 l. unemployed, would willingly advance the same, or any part of it not less than 300 l. to any Lady or Gentleman of fortune and character, with the utmost secrecy and dispatch, and on terms agreeable to the nature of the security. Principals only will be treated with, by applying or addressing to S. F. at the Globe tavern, Hatton-street, Hatton-garden."

In consequence of this advertisement, I went to the Globe tavern. I asked if the principal was to be spoke with. The landlord of the house said he was not there; but, if I pleased, he would give me his address. He said his name was Alvarez, and he lived at No. 30, Skinner-street, Bishopsgate-street. I went there. The second

morning; I saw the prisoner. I asked him if he was the principal who had the money to lend. He said he was not the principal, but he was employed by several gentleman of fortune and character to lend their money. We went together to Bread-street coffee-house. We had a couple of dishes of coffee there. He said he must enquire my character; and if he approved of it, I might have what money I pleased. We parted then. In a day or two after, Mr. Alvarez came to my house in Aldersgate-street. He told me he had enquired my character, and liked it well; and I might have what money I pleased. I told him I wanted but 200 l. He then asked me what I dealt in. I shewed him. He gave me an order for a groce of gentlemen's pocketbooks with instruments/ I thought it a very large order. I said it was so large an order, I could not undertake to execute it. He said he would give me time. I said I could not execute it till he let me have the money, but it should be forwarded against he let me have the money ready. On the 12th of March, Mr. Alvarez came to me. I was called down from dinner. He took me to the Half-moon tavern, in Aldersgate-street. He called for pen, ink, and paper; and asked for my draughts. He said I could not have less than 400 l. I was greatly surprised at his asking for my draughts; I said I expected to give a bond for the money. He said it was all the same; the Gentleman did not wish to put me to so much expence, he would take my draughts. I then drew four notes. After they were drawn, he said the Gentleman was extremely angry he had not brought the premium with him: he must have part. He desired to have three guineas. I gave him three guineas, as part of the premium. The next day he came for two guineas more, for part of the premium. I gave him two guineas. Three days after, he came again, and pressed me for five guineas more; he said he could not do without it, and must have it. So I gave him five guineas. I gave him thirty-one guineas for premium, in part.

Did you ever receive the 400 l.? - I never saw the colour of his money: I received no part of it. On the 28th of March he sent for me to the Vine tavern, in Holborn. There he told me he was come to finish my business. He desired me to bring all my accounts of the different monies he had received, and of the goods he had had of me, which was 109 l. 10 s. 1 d. I went and gave him all this account in one bill of parcels. He desired to see how much he was in my debt; in the whole it was 551 l. 10 s. 9 d. He had given me two or three notes of hand for the different notes and money.

That does not accord with the idea of this money to be given as a premium. - That money is not in that account. He gave me a note for the 400 l. and the 109 l. worth of goods he gave me a note for at three days, which he was to come and take up in three days. There was 26 lb. of tobacco I bought for him, which I had not put into the bill of parcels. After he gave me that note, he said, if I would get a bit of fish for supper, he would come and sup with me that evening, and bring the money. This was upon the 28th of March. He did not come in the evening; but at nine at night he sent me a note, that he could not get the money, and could not come till eleven next morning, when he would call upon me. I saw no more of him, till I received a note from him to come to him at a spunging-house. I went. He there told me I must lend him 70 l. or he could not get me the money. That was in the beginning of April. He sent for me then to the Windmill, in Rosemary-lane: he said he was arrested by Henry Barnet , the person who had these goods in his possession, and if I would lend him that 70 l. he would get the four hundred-pound notes back again; that Mr. Barnet had got my notes, and kept them for money that he owed him. I told him I would have nothing more to do with him; and left him. While I was in there, Mr. Menham, a Gentleman he says he expects, was there in company with him; he went out of the room. I had a friend there. Mr. Alvarez and my friend had some words. I desired my friend to go out of the room, while Alvarez and I settled the business. Alvarez wanted 70 l. more of me. I would not give it: I thought he had had enough. He then called the landlord of the house in. I paid 10 l. to that Mr. Menham, of Fenchurch-street, for giving me up

four 100 l. notes, on the 7th of April; and Mr. Menham then obtained a promissory note from me for 5 l. 15 s. which I have been troubled for to-day.

How came you to give him the note for 5 l. 15 s.? - He said he had been at a great expence in getting these notes back, and expected some satisfaction for himself for taking all this trouble to serve me.

Cross Examination.

Are these two papers your hand-writing? - They are both. I received these when I gave Menham the 10 l. and 5 l. 15 s. It is a receipt Menham or Alvarez wrote, and I signed it.

You said it was in consequence of this advertisement you found out Mr. Alvarez? - It was.

I believe upon your meeting you agreed to give him four promissory notes of hand? - I did; and I did do so.

What had you by way of counter-security? - His promissory note for 400 l. He was to bring me the money for that on the 7th of April. I saw he never intended to pay me, and wished to get my own notes back.

Perhaps you might think it would affect your credit to have these notes out? - I was determined not to pay them without I had value for them.

You then applied to Alvarez for your notes? - No; to Menham: he was the person who applied to me about getting them back.

Then you found yourself desirous of getting back these notes? - When I found I should not get the money.

Your notes were not then due? - No.

Those notes you are now in possession of? - I am.

Do you recollect having a variety of dealings with Alvarez? - Yes.

I understand you have given several premiums? - That is that I call upon him for now.

The intent of giving these premiums was for the purpose of his raising the money? - It was.

Within what time had Alvarez contracted with you to raise the money? - Within 12 days.

At what distance from first seeing him was it you required these notes to be delivered up? - About a fortnight or three weeks after his note of 400 l. was due, and I found I should not get the money.

Was you not told by Alvarez, that his principal, who had employed him in this business, upon discovering your name, did not very much approve of your notes? - Never.

Did not he tell you he was employed by a Mr. Jeremiah Smith ? - He never mentioned any such name, nor any thing like the name.

Do you recollect, at any time after you had given the notes, and before they were delivered up to you, going to Alvarez, and desiring him at any rate whatever to raise you some money? - No.

And if he could not get all the notes passed, to get one or two passed? - No; I positively deny that.

Who was present when you settled? - Nobody but Mr. Menham.

Did you make any complaint upon the settlement? - None at all.

You was perfectly satisfied with the transaction? - I was perfectly satisfied that I had the notes back again; I was very happy that I should not have them to pay, as I had never received any value for them.

Did not you strike a balance of all matters and accounts that were then between you? - There were no questions asked about any thing. There is a receipt I signed there, which is for the notes Mr. Alvarez gave me.

Upon the 7th of April all accounts of all matters and bills were settled between you? - Yes, but the bills had not been paid.

You had them in your pocket; you had requested to have them delivered up? - Yes, but I requested to have the money back again that Alvarez had obtained of me for a premium.

Is not the premium now made part of your settlement? - No.

If he had raised the money, the premium he was entitled to? - Yes.

The reason of your not receiving the money was because you received the notes back? - I got them back because I could not get the money.

Prisoner. You swear that I took this 30 l. or 31 l. for a premium? - I do.

Prisoner. I leave my defence to my counsel.

For the Prisoner.

JOSEPH MENHAM sworn.

You are acquainted with Mr. Douglas? - I know him so far that I have been at his house, and he has been at mine: I have been at Mr. Isaac Alvarez's house, about the concerns of Mr. Douglas; he had disputes about it.

Court. Tell what you know of the transactions between the prosecutor and the prisoner. - Mr. Douglas had some promissory notes given to Alvarez; Alvarez went to one Mr. Henry Barnet , with one of Douglas's notes; Mr. Alvarez bought some goods of Mr. Barnet, and gave him this bill in payment. Barnet would not deliver the goods to Alvarez till he had spoken to Douglas himself, to find if Douglas was a good man: Mr. Barnet came to Mr. Douglas, and he told him.

Counsel for the crown. Was you there? - No: but I shall tell you what Mr. Douglas has told me: he said it was his note, and he would pay it when due: all his notes were honourable bills; when Mr. Alvarez came with the second bill to Mr. Barnet, which had, to the best of my knowledge, to run about nine months.

Do you know what was done with the first bill? - I have heard Mr. Barnet mention, but not else.

He wanted more goods upon the second bill of 100 l.? - He took 32 l. worth of goods upon the second bill, and gave Barnet orders to deliver the remainder: a few days after, he wanted to lay the second bill out with Barnet, as cash for goods.

Tell the conversation that passed between Alvarez and Douglas, upon the 7th of April. - Mr. Douglas came to my house, and delivered to me a bill for 440 l. or 540 l.

Do you recollect what conversation passed between Douglas and Alvarez? - Yes: Douglas promised to pay me for my trouble: the meeting was at one Mr. Smith's, an officer's house, in Rosemary Lane, about eleven or twelve at night.

How long had you been Mr. Douglas's friend? - From the time I went to know if this bill was his hand-writing, I was employed by Mr. Douglas; and when Alvarez found Douglas had been at my house, and desired me to settle the matter, I made an appointment with Mr. Alvarez to meet Douglas; so Alvarez appointed Mr. Smith's, in Rosemary Lane, to meet at: I sent Douglas word to meet there; Douglas did not come at nine o'clock.

Did Alvarez, when you were together, at this settlement, tell Douglas, that if he would be patient, he could raise him the money upon these notes? - Mr. Alvarez had 132 l. from Barnet, and goods.

Do you know whether any part of that money was given to Douglas? - I do not know: Douglas mentioned to me he had lent him 30 l. I was present; Alvarez told Douglas he had parted with his bills, and could not get any money upon them, but 132 l.

Court. Did Alvarez tell Douglas that he had received 132 l. upon two of his bills? - Yes.

You venture to swear that? - Yes.

Who was present when he told Douglas so? - Douglas and I were present: there was another gentleman present, a friend of Mr. Douglas; but he bid him go out.

Was he, the other gentleman, present when Alvarez told Douglas he had received 132 l. for his notes? - No: Alvarez and Douglas bid us to go out of the room; they had something to say to themselves they did not care any other gentleman should hear.

Court. Mind the question I ask you: who was present when Alvarez told Douglas he had 132 l. upon his notes? - Douglas himself told me so when he went away from Alvarez, about twelve at night.

Did you hear Alvarez tell Douglas so? - I was not in the same room.

The question I now ask you, requires no other answer than yes or no: Did you yourself hear Alvarez tell Douglas that he had received 132 l. upon his notes? - Yes.

What answer did Douglas make to that? - Mr. Douglas said he had nothing to say; that as he could not give him any money, he meant to have his bills from him.

How could Douglas say that, when he had said he had 132 l. upon his notes? - Alvarez said he would get his bills out of the hands of Barnet in a few days.

Then he did not pretend he had got this money of Barnet? - He had it in goods; and Douglas could not make use of the goods: and when he got the money to pay Barnet again, he meant to get the bills out of Barnet's hand, as Barnet would not advance any more money upon them?

Did Douglas approve of this use being made of his notes when Alvarez told him that? - Douglas answered, he should not pay Barnet; he should not pay any body: and meant to have his goods back again: and if he could not pay him what goods he had received of Douglas, he should give him security more: he said, if you cannot raise any money, give me the goods you have got of me; if you are put in a non-plus about it, give me my goods back again that you have got. After this was mentioned to Douglas, Douglas went away with the other gentleman in a great passion, and said he should take his own time, only to get his bills as soon as possible. When I went away, Douglas begged favours of me; and said, he would pay me for my trouble, if I could get these bills again without any blemish upon them. I went to Alvarez, and told him he should get the bills out, or there would be bad consequences.

He wanted his bills back again then? - Yes.

Did he want the premium back too? - No. He mentioned nothing of the premium. He mentioned that he had lent him money to the amount of 30 l. sometimes 3 l. at a time, sometimes 5 l.

Court. Was Alvarez present? - Yes.

Did he deny it? - No. He did not deny that he lent him the money.

Counsel. Was that money lent by Douglas to Alvarez? - I know no more than Douglas told me, that he lent him the money, and had his note for it.

Did you hear what Alvarez was to have of Douglas for his trouble, if he raised the money? - I heard nothing about it.

Cross Examination.

What are you? - I am a gentleman, Sir.

No other business? - Yes. A merchant.

A gentleman merchant? a merchant in what? - In what I can buy to get money by.

One of those merchants we meet about the streets? - No. You are greatly mistaken. I am a man who sends goods abroad.

Abroad in the street, you mean? - I am a merchant who has suffered a great deal here in this country.

And if you stay here many years longer, you will suffer more in this country, in all probability. You were the friend of Mr. Douglas? - Mr. Douglas sent me, as his friend.

And you, a capital merchant, employed by a friend, expect to be paid for doing him a service? - I have been hunting about for Douglas for seven or eight days.

Then one of the merchandizes you deal in, is friendship, which you sell. You sold some of your friendship to Mr. Douglas? - I sold him some he has not paid me for yet.

He gave you a note? - He gave me 10 l. in cash, and 5 l. 15 s. to give Barnet. He lent it Alvarez; and Alvarez gave me a note for the balance he owed Douglas.

Court. For whose use was that fifteen guineas you received of Douglas? - For Mr. Alvarez, and for the use of Mr. Barnet.

Do you mean to say, that the 5 l. 15 s. was not for your trouble? - No.

Is not the name of Mr. Smith, at the Rosemary-Branch, Jeremiah? - I do not know.

You said you heard Alvarez tell Mr. Douglas about having received 132 l. from Barnet. You mentioned first of all, that a gentleman was present: was that gentleman present at the house? - No. We were out in the other room. They bid us go out in the other room.

Then you did not hear them say it? - Mr. Douglas and Mr. Alvarez mentioned it to me.

But you told his Lordship, that you heard Alvarez tell Douglas, that he had received 132 l.? - Yes.

The Gentleman was there then? - No. He was affronted with Mr. Alvarez, and

would not go in. I was called in as the friend of Mr. Douglas.

Then you did not know Alvarez before? - No; we were not acquainted.

Court. Will you swear you did not know Alvarez before this transaction? - Yes, I knew him.

Then why do you hesitate about it? - I might know him by sight. I had no connection with him.

Did not you know him very well before this? - I did not know him very well.

How long had you known him? - I cannot tell.

Had you known him a week, or half a dozen years? - I did not know him half a dozen years, nor three neither. I cannot tell, upon my oath, how long I knew him.

You can tell the difference between a week and a year? - I knew him longer than a week, but can't say that I knew him a year.

Will you venture to swear you had not known him a year before this transaction? - I cannot swear that.

Can you swear that you knew Douglas at all before this business? - No.

You knew Alvarez a twelvemonth before, but had never seen Douglas before; how came you to meet to settle the business between Alvarez and Douglas, as Douglas's friend? - Mr. Barnet sent me to Douglas, to hear if this was his hand-writing; and Douglas called me up into his room.

Court. And adopted you for his friend immediately?

Counsel. You heard nothing of these premiums? - No: I heard Douglas say Alvarez came to him at different times, and he lent him money.

HENRY DUFREYS sworn.

Do you know of any transaction between Alvarez and Douglas? - I know nothing about it; but on May the 1st or 2d I went to Leadenhall-street: Alvarez came to meet me. I went to drink with him. I went with him as far as Aldersgate-street. He said, Do me a favour: I have a little transaction with one Mr. Douglas. I went to Douglas, and told him, as Alvarez desired, that Alvarez would be glad to see him. I went to Douglas. He said he would come to him. He came. They drank together. Douglas said, We are friends now together, but I could ruin you. I have a note of 400 l. odd: I could ruin you: but you shall have it back again. Alvarez said, As we are friends together, I will call upon you tomorrow; and for the goods I have had of you, I can pay you in seven weeks. He called next morning and took the goods, and paid him a note for 161 or 2 l.

Court. Was there any talk about 400 l.? - He said he had got his notes up, and the other notes he had got by him.

Court. Was there any talk about 400 l. - I heard nothing about that.

Cross Examination.

I have the pleasure often of meeting you in different courts: how many years has Alvarez been acquainted with Menham? - I don't know.

They live near together, don't they? - He lives at No. 30, Skinner-street.

Prisoner. I did not take that money as a premium.

GUILTY . N. 2 years .

Reference Number: t17810530-52

353, 354, 355, 356, 357. JOHN ANDERSON , CHARLES THOMPSON , JOHN RUGLASS , WILLIAM MARSH , and SAMUEL WOODHAM , were indicted, for that they, in the King's highway, in and upon William Wilson feloniously did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver shirt-buckle, set with stones, value 6 s. a cotton handkerchief, value 4 s. and 14 s. in monies numbered, the property of the said William Wilson , May the 15th .

WILLIAM WILSON sworn.

On the 15th of May I went to see my mother. I had been gone sixteen years from home. As I was coming along, a man stood at the corner of Saltpetre Bank, in East-Smithfield , and asked me to drink part of a pot of beer: it was about half an hour after one o'clock in the morning. I had never seen

him before in my life. I told him I thought it was almost too late. Never mind it, says he; it is not so late: there is an alehouse just by: take a bit of a walk, and take part of it. I went with him. I walked up about 15 rod, and I espied a light out in the middle of Saltpetre Bank. There were about ten men, and one girl: they were drinking in the middle of the street, upon the pavement. When the man and I went up to them, there was a large gallon pot full of beer, and three quart pots going round among them. They asked me to drink. I took a pot of beer to drink. They immediately all rose upon me, and took the staff I had out of my hand, and knocked me down several times. I made a resistance, and tried to get away. They said, do not strike him again, but draw your knives, and let his puddings out. Then they all drawed their knives upon me.

Who said that? - Not one in particular. I believe they all mentioned the words; and I saw their knives all drawn. They said, if I made any resistance, they would let my puddings out. A gentleman hearing the noise, came up, and said, Sailor, come out of them.

What did they do, after they had drawn their knives? - They beat me about the head. When the gentleman came up, they left me, and went and beat him about the head, and beat a part of one of his fingers off. The prisoner Thompson had his hand in my pocket: they took all my money out; he hauled my pocket the wrong side out.

How much money did you lose? - Fourteen shillings, I had in my pocket: the rest of the prisoners were round me, and had their hands round my neck; they took off a cotton handkerchief, and a breast buckle out of my shirt: they tried to get this black handkerchief off; it was tied tight, and they almost choaked me: I cannot tell who did that: the gentleman halloo'd, Watch! watch! as loud as he could halloo. As the watch came round, the people scattered, and some went off.

Who was that gentleman? - One Mr. Probyn.

Do you know any of the other persons that were there, except Thompson? - Yes. I know the faces of every one that was catched.

Are you sure Thompson was one of the men? - Yes: he hauled my pocket inside out.

What opportunity had you of observing him? - They had a light; I saw all their faces distinctly, and knew them the next morning. Anderson had a cockade in his hat: he was captain of the gang; I am positive he was one: he had a cockade in his hat, which made me think at first it was a press-gang: he rose, and seized my stick, and knocked me down with it; he had a pot of beer in his hand, when I first came up: he struck, me over the head several times; I have the marks in my head now.

Do you know either of the others? - Yes, all three.

The boy, Samuel Woodham ? - I cannot call him by name.

Are you sure William Marsh was one? - Yes.

Did he do any thing? - Yes, he did as much as the rest; I believe they meant to kill me: I have seen forty-two pounders fly, but never was so much afraid of my life as then: Samuel Woodham had his hand in the gentleman's pocket.

Are you quite sure as to him? - Yes: I am quite positive; and I am as positive to the other boy, William Ruglass : he endeavoured to do as much as the rest; I was there about five minutes.

Did you observe the faces of these five so as to be able to swear to them? - Yes, I can swear to them any day in the year; the other five got off.

Should you know them again? - Yes, I should know them all, if I was to see them.

Had you ever seen any of them before? - I had not been on shore long.

Was not you thrown into confusion when they all got up and attacked you? - Yes.

Consider whether, in the situation you were in, with ten persons round you, and thrown into a flurry, whether you can take upon you to swear to the faces of five people? - Yes, I can. I am positive these five were there: they were taken up the same night. While I was endeavouring to get off, the watchman came and laid siege to them, and

took these five directly. They only said they were not there: the little boy said he had not taken any thing out of the gentleman's pocket; that was true enough, for he had his hand in the wrong pocket: that was the little shaver, Woodhouse.

Was your buckle found upon either of them? - No: it was not found.

Were they searched? - One or two of them was; Thompson was. The constable did not find any thing: they were not all carried to the watch-house.

Had these people any weapons? - No, only their knives; they had every one a drawn knife.

Was the man that took you to them taken? - No; he was not taken.

Cross Examination.

I think you seem to have got introduced into a good groupe of company. - Yes.

The other five were like the five that stand at the bar? - Yes, much the same.

What was the first thing you did, when you came up to them? - I took the pot and drank.

I should think the first thing you did, was to take notice of every one's face. - I did observe their faces.

At what time was it? - After one in the morning; I had just come out of my mother's house.

Do you recollect meeting with any body else, after you came out of your mother's house? - No; I never spoke to a woman since I came to London.

Do you recollect meeting somebody in the street who asked you the depth of your pocket? - No.

Do you recollect turning your pocket out in the street, and saying you had but sixpence? - No.

Was it light or dark? - There was a candle alight.

From that light you can swear to every man's person? - Yes, I do.

ROBERT PROBYN sworn.

I live in the Green-yard. At a little more than a quarter past one o'clock, I was going along, at the top of Saltpetre Bank in Rosemary Lane. I heard an outcry. I went to see what was the matter. When I came down to the place, I saw a candle burning in the street, and a good many people sitting in a cluster together with some beer. I saw the prosecutor. He cried out, take your hand out of my pocket.

Were any of these people round him? - Yes, nine or ten, or more.

Had they any weapons? - I did not see any at the time: I put my hand out to the sailor, and called him away. Four or five of them immediately rushed upon me in a body.

What did you see them do to the man in the jacket? - I did not see them do any thing to him, at that time they came to me; and one of them put his hand into my pocket.

Did you see them do any thing to him afterwards? - Yes; they fell upon him, and beat him.

Which put his hand into your pocket? - Woodham. When I found his hand in my pocket, I catched hold of him, and said, Are you going to rob me? I will have you taken to the watch-house. Upon that, Thompson turned from the sailor, and struck me a blow, and knocked me round and round, and cut my cheek; then the other prisoners pursued with their blows, beating me and him at the same time.

Do you know any of the rest besides Thompson and Woodham? - Yes; all except Anderson: I do not remember seeing him there. I saw Ruglass there; he drew a knife upon me: he struck at me with the knife: I saw him coming up to me. I ran, and cried Watch! as hard as I could, and maintained my cry till I came to the watch-house door.

Did you see Marsh? - Yes; Marsh followed Thompson's blow when he struck me. Anderson I did not see at the time.

What opportunity had you to observe them so particularly? - Their pressing so near upon me, and there being a candle so near; it was a very large candle. As I was going away, one of them knocked the candle out with his hat.

Can you take upon you positively to swear to the four you have mentioned? - I can; I did not see Anderson till I went to alarm the watch: Anderson was sitting at the watch-house door with a quart pot in his hand, talking to a girl. I said there was a sailor would be killed; he said he would go to assist the poor sailor. The const able of the night, two watchmen, this Anderson, and a woman went back with me. When we were going up in search of the people, this woman went to run before. I said to Anderson, What woman is that that was with you? she is going to send the people away, that we should not find them: upon that he ran away after the woman.

Did he go after her as if he was going to bring her back? - No; as if he was going the same way with her. When I came to the corner of a passage, I found Anderson and the other four prisoners talking together, just above the place where we were attacked. All the rest were run away. I said to the watchman, Here they all are. Anderson returned upon me immediately, and put his two hands upon my breast, and said, Holloa, holloa, have you seen any thing of them? I made answer, Yes, I saw them now talking to you, and I see them running through there now; do not stop me. The watchman said, It is of no use to go seeking them through that passage, there are so many ways; they will be all gone. We all went into the passage after them; but they were all gone. Then the constable of the night said to Anderson, I have a suspicion you were concerned with them, by going to send them away: who are you? He said, what was that to him? he was a man. The constable took him into custody, and said he should give an account of himself on the morrow.

What became of the sailor? - We met him as we came up from the watch-house, crying, with his pockets out.

Did he take any notice of Anderson when the constable took him into custody? - Yes, he said he was one.

Did he say he was one before the constable took him into custody? - No, he had not seen him before. When we had got Anderson almost to the watch-house, these four came rushing out of the passage again. I saw Thompson the foremost, and laid hold of him by the collar, and said, This is the man that struck me on the face. The other two ran turning the corner to Ratcliff-Highway. Marsh was taken at the time I took Thompson, in Wellclose-square: they were surrounded by the watchmen and constable of the night. I could not see them distinctly as they rushed out: I knew them as soon as they were taken. The sailor knew every one.

BENJAMIN JUDSON sworn.

I am a peace-officer, of St. John's, Wapping. On the 15th of May, early in the morning, Probyn came down to me, and desired me to come down to Saltpetre Bank, for he said some men were murdering a sailor. I immediately took a staff; and my two watchmen, and Davis and I, went with him. I saw Anderson at the watch-house door, when he came down for me, talking to a woman.

Did he say any thing? - Nothing at all. We went up to Saltpetre Bank, to find the people robbing the sailor. When we got half way up the Bank, we met the sailor coming toward us.

What became of Anderson? - I did not see what became of him then; he did not go up with us.

Where did you first see Anderson again? - When we came to the corner of an alley, where we expected to see the prisoners, there we saw Anderson again.

Was any person with him? - Nobody at all. Mr. Probyn was a-head of us. He said, here is one of them; and Anderson said, they are all gone through here.

Who made you first suspect Anderson? - I suspected Anderson, because the sailor said he was one of the gang.

Why did you take Anderson first? - He came into the watch-house after we took the other prisoners.

You did not suspect him before? - No.

How came you to take him then? - The sailor said he was in the gang, and was one that beat him; and then I took him.

Did the sailor know any of the other prisoners? - Yes, he knew every one before we took them in the watch-house.

You did not suspect Anderson, nor attempt to take him up, till after you had taken the other prisoners, and got them to the watch-house? - No.

GEORGE HARDY sworn.

I am a watchman. I heard the rattle. I came to the watch-house, to see what was the matter. The officer said we must go up to the Bank; there was a sailor robbed. We went up to the Bank, and saw Anderson there by himself. Probyn went up before us. I saw nobody with him. He followed us down: and we met the sailor. How came you to come back before you found any body? - We found Anderson: he said he would go down with us to the watch-house. Mr. Probyn said, the people were run through an alley.

Did not you meet the sailor as you were going? - No, as we were coming down back to the watch-house, half way down the Bank, we met the sailor: going down to the bottom, we met Thompson and Marsh. When we came up to Thompson, Probyn said, This is the man that struck me. The sailor, when he heard that, went over the way, and said, This is the one that took the money out of my pocket. We took them and Anderson to the watch-house. The other two ran away. Afterwards Probyn saw them, and gave the alarm; and we pursued them. They were taken about half an hour after.

Cross Examination.

Did the sailor say, as soon as Thompson was taken, That was the man that robbed him? - Probyn said, That is the man that struck you.

WILLIAM HOLMES sworn.

I am a watchman in Wellclose-square. Just as the clock struck two, Probyn called out, Watch! Woodham was running: I stopped him. The other was running on, and he was stopped by Probyn and the constable of the square.

RICHARD USHER sworn.

Walking round the square, I heard the cry of, Watch! and was at the taking of Woodham and Ruglass.

Thompson. I leave my defence to my counsel.

For THOMPSON.

ANN GARDINER sworn.

I was coming along, at the corner of the Minories, between twelve and one in the morning: the man in the red waistcoat (the prosecutor) came and put his hand on my shoulder.

What day was it? - I do not know the day. The prisoners were taken the next day. He said, Holloa, ship-mate, where do you live? I said at Saltpetre Bank. I said no more. I went down to Saltpetre Bank. Then he said, Holloa, ship-mate, again; and a man said, Holloa, will you come over here to drink? He went down the Bank: there was a parcel of men drinking: he drank twice with them; then came over to me, and gave me 2 d. And then he pulled out 6 d. and pulled his pocket out, and said this was all he had got. He pulled some papers out of his waistcoat pocket. I bid him take care of his papers. He called me a bloody bitch. Upon that I went into my lodging, and saw no more of it.

Was it the same morning that the people were taken? - I believe it was: I am not sure to the morning.

Did you know the man that addressed you? - Yes, this is the man (pointing to the prosecutor): he turned out his pocket, and said, Feel if I have any more. I felt. I said, you may have no more that I know of. I went in, and he called me out again, and called me a bloody bitch. I was frightened out of my wits.

Can you swear it was the same morning the prisoners were taken up? - I cannot swear to the day: I believe it was.

(Thompson called nine other witnesses, who gave him a good character.)

ANDERSON's DEFENCE.

I am a sea-faring man. I was down at Dartford. I came up that night. When I

came to East-Smithfield, I met a woman with a pot in her hand. I asked her where she was going? she said, to look for some beer. I said I should like some beer, and asked her to go to the watch-house, to ask if they knew of any house up. I went up to the watch-house, and knocked at the door. A man opened the door. I asked him if he knew any house up. As I was at the door, a man came down, and said a sailor on Saltpetre Bank was ill used. The constable made a noise with a rattle, and we went down to Saltpetre Bank together. I have no witnesses. I am just come from on board a ship.

Ruglass. I have nothing to say in my defence. I have no witnesses.

MARSH's DEFENCE.

I lately came from on board a West-India-man. I had been to Blackwall, to see for a ship. It was too late to get into my lodging. I went to Saltpetre Bank to see for a lodging. The man said I was with them, and cried, Knock him down. I know nothing of it.

WOODHAM's DEFENCE.

I was going along: they laid hold of me. I know nothing of it. I have no witnesses.

ANDERSON NOT GUILTY .

THE OTHER FOUR GUILTY . ( Death .)

(They were humbly recommended, by the jury, to his Majesty's mercy.)

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

Reference Number: t17810530-53

358. SIMON WOODWARD was indicted for stealing seventy-four trusses of hay, value 6 l. the property of James Stuart Tulk .

Mr. JAMES STUART TULK sworn.

The prisoner was my gardener , and likewise had the care of a little farm of mine, of about seventeen acres adjoining the premises. About six weeks ago, John Field , my under-gardener, came to town, and, in consequence of what he informed me, the prisoner was taken up; I had him before Mr. Alderman Townshend at Tottenham. He was accused of having sold hay unknown to me, which I conceive is a theft. The alderman summoned those people who had bought it; they appeared before him: before they appeared, the prisoner desired the book might be sent for, in which he said he had kept an account of all the hay that ever had been delivered; this is the book (producing it). The book, in the articles of charge to the different persons, totally differs from the account they give of the hay received. I never gave him liberty to sell hay to any person but Mr. Newton, a stage-coachman, who was to take any quantity I could spare; and a gentleman who lived within two doors of me, who begged I would let him have a few trusses, which I did: I always settled accounts with them myself, and he never had permission to sell hay to any body.

Where was your hay kept? - It was stacked very near a barn, close to the high road.

Had he any particular charge of it more than the other servants? - He used to have the keys; but, upon this Field coming into my service, it appeared he had given Field the keys of the barn: it was from the circumstance of the keys being ordered to be taken from the under servant, thinking it most proper, that this was discovered.

In what manner was the charge committed to him? - He had only the general care of the things that were there; he and the woman who passed for his wife, but I have just now discovered is not: she was my servant.

Has he not bought straw and hay for you? - When I have given him money and orders for that purpose.

Has he not sold hay for you? - Never, but, by my express permission, to Mr. Newton and Mr. Medina: he has delivered hay by my express permission.

JOHN FIELD sworn.

I worked as under-gardener to Mr. Tulk. After I had been there some time, I was ordered

by Woodward to carry a truss of hay to one Holmsley. He said it was by my master's orders. It is above three months ago: I carried it. After that, I was ordered by the prisoner to deliver hay to the servant of Mrs. Webb, who came for it. I delivered twelve trusses at different times: and I afterwards carried five more trusses to Holmsley, at different times, by the prisoner's orders.

Did you receive any money for this hay? - No. After that, the prisoner said the hay began to get short; his master made a noise, and he must sell no more. I bound a load myself, and left it in the barn; and out of that load I missed seven trusses, five of which went in one day. I missed the trusses in three or four days, or a week, after I had bound them.

Prisoner. He had the key of the barn in his pocket: I do not know how they could go out, except by himself: he was as likely as any body to take them.

Court. Where was the key of the barn? - In the door.

Did it stay there always? - I left it in the door, while I went to give my horses some hay.

Then when you left the key in the door, any body might have gone in? - That I cannot say. Two trusses went when I had the key in my pocket: about ten weeks ago, there were three trusses more: the servant of Mrs. Holmsley came, and said she must have them. I said, I had no orders for her to have any. I delivered these on Friday morning. On Saturday I told the prisoner, I had delivered two trusses of hay to Mrs. Holmsley: he said, they were to have two trusses more, and that would make their complement: that was about two months ago. I did not know but that it was my master's orders, till I spoke of it to my master, and he told me the contrary.

(Upon his cross examination, he said that the prisoner and he had had some words; that the prisoner called him a thief, and said he was robbing and defrauding his master; that upon this, he went to his master, and asked him if he had robbed him of any thing; and told him that he had delivered bay to people by Woodward's orders.)

DINAH HOLMSLEY sworn.

I keep a couple of cows, at Stoke Newington, in the neighbourhood of Mr. Tulk. I bought some hay of the prisoner. He came by Mr. Tulk's orders, as he told me. The last I bought of him was twenty trusses. I paid him for six, and owed him for fourteen; it was delivered me, all of it, I believe, by Mr. Field; but I can't be certain: I spoke to Woodward for it, knowing him to be a steward to the farm; and Woodward sent his man over with it.

Who did you understand you was to pay for the other fourteen trusses? - Mr. Woodwood; and that he was to pay his master: it was delivered to me as Mr. Tulk's hay.

Did he ever desire you to keep this matter secret from his master? - He did not.

Mr. Tulk. If your Lordship will please to ask her, if she did not say, before alderman Townshend, she paid him money at different times. - I paid for more than that, but not for this year's hay.

JOHN MASON sworn.

I am a baker at Stoke Newington. I dealt with the prisoner for six trusses; I understand it was Mr. Tulk's hay; he always told me so.

Who delivered it to you? - Not Woodward, but some other of Mr. Tulk's servants: my mother paid for it, as I understand, but not in my presence.

ELIZABETH WEBB sworn.

I keep a public-house in Stoke Newington. I bought a little poney about Michaelmas last. I asked Mr. Woodward to let me have some hay: he said he had hay of his master's to sell; I could take no more at a time than two or three trusses. I don't know how much I had of him; he said he kept an account. I believe it was field delivered it; I bargained with Woodward for it. About the beginning of March, he

told me Mr. Tulk had forbid him from selling any more; and I had no more of him.

Was it known in the neighbourhood that he managed for Mr. Tulk? - It was understood so.

Was it delivered publicly and openly in the town where Mr. Tulk lived, and by Mr. Tulk's own servant? - Yes.

JOHN JEREMY sworn.

The prisoner was at my house: I was going to buy some hay that came along the road: he asked me if I was going to buy some hay; I said, yes: he said, I believe my master has some to sell; in the course of two or three days, I will let you know. In two or three days after, he told me his master gave him leave to sell one load, which contained thirty-six trusses; he sent it in; that was, I think, December the 4th. I told him, when it was sent in, if he would enquire what the market price was, I would pay him that; but I have not paid him for it yet.

Whose hay did you buy it as? - Mr. Tulk's: I considered myself as debtor to Mr. Tulk for it; if Mr. Tulk had asked me for the money, I should have paid him.

Did the prisoner desire you not to pay any body but him for it? - A little after Christmas, he delivered a bill to me in Mr. Tulk's name. I asked if I should pay him: he said, No; but, if Mr. Tulk called, I should pay him.

Did he ever press you for the payment before? - No; from that time I left word with my wife at home, that if Mr. Tulk came, she should pay the money, or if Woodward came, to pay him, and take a receipt from him for the use of his master; and he never asked me for the money from that time to this. Mr. Tulk has that bill now, which he delivered me four months ago.

Did you offer to pay Woodward? - Yes; but he said, when his master came, I should pay him.

Mr. Tulk. Will your Lordship please to ask him, whether there was not a dispute about the weight, which was the cause of its not being paid for then? - I took hold of a truss, and said it was rather light. A man with me took hold of another, and weighed them: five or six were under weight; some were over. Then I sent for the man that bound it up: he came down, and there with a pair of steel-yards weighed it; some was under, some over: we put one on one side, and the other on the other; so every body might see it.

To Mr. Tulk. How often did you settle with the prisoner? - Generally weekly; if not, it was his own fault.

Do you recollect when you settled the last account with him? - It was up, I believe, to a week or a fortnight before he was taken up.

Was any credit given, in any of these accounts, for hay sold? - I am sure there was not, nor any money accounted for, though he received money several times of Mrs. Holmesly.

Prisoner. I leave my defence to my counsel.

(He called seven witnesses, who gave him a good character.)

NOT GUILTY .

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

Reference Number: t17810530-54

359. JANE JONES was indicted for stealing a looking-glass, in a mahogany frame, value 3 s. and a linen shirt, value 4 s. the property of Thomas Alexander , May the 14th .

THOMAS ALEXANDER sworn.

The prisoner was my servant for some years past: a person quarrelled with her, and I heard of these things being taken. I had no inclination to prosecute, but I was bound over. There were two articles of small value, which were found in her possession, in the place where she lived servant: not having missed them before, she told me she lent the shirt to a young man, and before sit was returned, she was discharged from her service: the looking-glass, she

said, was left in the house when we were moving; she therefore put it among her own things, to keep it, with a view of returning it.

NOT GUILTY .

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

Reference Number: t17810530-55

360, 361. JOHN M'NEIL and WILLIAM JOHN RIDGELY , otherwise RICHLEY , were indicted for stealing 2,400 yards of thread lace, value 1000 l. the property of Harbin Elderton , May the 11th .

HARBIN ELDERTON sworn.

I advertised a sale of thread lace, for the 10th and 11th of May, at Mr. Squibb's auction-room: on the 9th, two of my servants left the premises; the next morning, the 10th, when I went to the place between ten and eleven, the lace was all, except one little bit, gone. It was taken to Mr. Squibb's auction-room on the Monday, and there remained till it was stolen.

I had seen it on the 9th. Intelligence was brought to my house in Bow Church-yard, that the auction room had been broke open, and the lace stolen; and I found that information to be true. I applied at the office in Bow-street for their assistance, to recover the goods, and apprehend the thieves. I received information from one of the persons at that office, that there were not above four of the persons, who are receivers of stolen goods, that were capable of making so large a purchase. They gave me the names of those four, and recommended to watch their houses, to see what thieves went in, and what thieves came out. In consequence of the information I received, I placed myself agreeable to the direction of those people, and watched the house of Henry Lee , alias Levy, alias Hetsey, a noted receiver of stolen goods. I was told that Saturday, being the Jews sabbath, he would not perhaps buy stolen goods; but on Sunday, it being a likely day, I placed myself and some friends in some houses in Bishopsgate-street, to watch if Levy should go by. On Sunday, exactly at half after eleven o'clock, I saw him go by: I gave a signal to my friends in the neighbourhood to watch where he went to; he was followed by myself and my friends to Newgate-street. About the middle of Newgate-street, he was met by the prisoners at the bar, and, I think, two others: (the name of one of the others was Hart:) he patted them on the back; then they turned round and went back, and he with them; they turned round Pye Corner, there I lost sight of them. I speak positively to the two prisoners meeting Levy. A servant came running to meet me from towards Cow-Cross: he said, they are housed; that was about eight minutes after I had lost sight of them; he told me to go on, and I should see Burdington. I went to Burdington, who stood in view of the house where they were housed: he said they are in that house, No. 10. There was a woman standing centry at the door. I sent another person, that was with me, to the place appointed, to Sir John Fielding 's men; they came. I went and shewed them the house, No. 10. They went in. I remained at the door. In about five minutes, they called to me that my goods were all safe, and the thieves were taken. I went in. I found the lace, to my very great satisfaction, all within about 100 l. worth. I found about 200 l. worth in a two-pair-of-stairs back room: the two prisoners were there, and Levy and M'Neil's wife were in the room when I came in: the lace was upon the table when I saw it; one of my servants was putting it in the bag; it was part of what I had lost; there were marks upon it; and I have some of it here now; I have not a shadow of doubt that it is mine. I asked M'Neil whether that was all the lace that was there. I addressed myself to Ridgeley to the same effect. They both said at first, they did not know, they believed it was. So I pressed it upon them repeatedly, to let me know if there was any more that I could get, and I would not indict them capitally if I got all my lace.

Court. You must not mention what they said after such a promise. What did you do

more? - I took the lace then, and went home.

Cross-Examination.

Do you know, of your own knowledge, who broke the house open? - No.

( Henry Lee , alias Levy, alias Hetsey, was called upon his Bail; but not appearing, his recognizance was estreated.)

JOHN BURDINGTON sworn.

I was requested by Mr. Elderton to assist on the Sunday in detecting these people, and was near to him in Bishopsgate-street when Levy passed, and followed him from thence to Newgate-street, where he was joined by the two prisoners. I saw M'Neil and Ridgeley in Newgate-street, walking towards Cheapside. Levy met them; he turned back with them: they all three walked together down Newgate-street; they turned at Pye Corner: when they came near to Smithfield, M'Neil ran before; Ridgeley and Levy continued walking together after him. I lost sight of M'Neil at the further side of Smithfield, but never did of Levy and Ridgeley, at least not for two minutes together. I saw Ridgeley and Levy enter an house in Cow Cross, No. 10; there was the name Lawley on the door. I turned back as soon as I could, without causing suspicion: I sent that information to Mr. Elderton, or to Mr. Parker, and staid myself within a little distance of the house: in a short time, the people from the public office, who were but at a little distance, came, and went into the house. A woman was at the door when the officers went in.

Who was that woman? - The woman that was up in the room afterwards, and passed for M'Neil's wife. I did not go in for some time, probably ten minutes: I stood without: when I did go in, the prisoners at the bar, with M'Neil's wife, were in the two-pair-of-stairs back room. The goods then had been put into the bag.

Did you understand whose lodging it was? - I understood it to be M'Neil's.

Did Ridgeley say any thing in your hearing? - I do not recollect what words passed.

JOHN CLARK sworn,

I was one of the officers who went to take these people. When we first went into the house, we saw a woman just at the door. Jealous knew her, and she was ordered into custody, and brought up stairs. I searched her. I went up stairs; the two-pair-of-stairs door was fast; Jealous broke it open. I found M'Neil, Ridgeley, and one Lee, alias Levy, in the room; and upon the table close by the bed, there was a great quantity of lace. Breaking open the door, and we rushing in, threw it all down. After securing them, we sent for Mr. Elderton.

In what situation did you find the three men when you first broke open the door? - To the best of my recollection, they all stood round the table together; M'Neil nearest the bed, Ridgeley by the window, and Levy beside him. I cannot be sure. We secured them. The first question I asked M'Neil was, how long he had lived there? I think he gave me no answer to that; but he was without his coat, standing in his waistcoat, with his hat on. Ridgeley was in a black coat, to the best of my remembrance, the coat he has on now, with his hat on, and a small stick in his hand. I did not ask any more questions of M'Neil. I asked Ridgeley his name. To the best of my remembrance, he said it was Knight, or White; and said he came out of Hertfordshire. I asked him how he came there? he said he knew M'Neil; that, as he passed, M'Neil stood at the door, and asked him to come up; that was the way he came there. I asked Levy the same question; and he told the same story. I then proceeded to search the room; but first I searched M'Neil's wife, and found some lace in her pocket; that Mr. Elderton owned. She refused to let me search her; I was obliged to be a little rude, which I do not like to be, and to force it from her. Then I asked M'Neil how his wife came by it; he said he gave it her: for that reason I left her behind me, and would not take her into custody.

What more did M'Neil or Ridgeley say, while you was present? - I can't particularly recollect; I am very loth to say much to prisoners when they are in custody. I

proceeded to search the room. M'Neil said, I need not give myself much trouble; I should only find some quere dubs, meaning picklock-keys. I found these (producing a large quantity of picklock-keys); here is a key (producing it) which will open the door of the room where the lace was.

CHARLES JEALOUS sworn.

I was with Mr. Clark upon this occasion. I do not know any thing particularly more than he has spoken to. I saw Ridgeley standing with a cane in his hand, and his hat upon his head. M'Neil had no hat on, nor no coat.

Did you know from the prisoners themselves whose lodging it was? - The landlady was sent for up, and pointed out who took it: upon which M'Neil said, it was his lodging. Ridgeley said, he had only just come up into the room. After the keys were found, I went to Mr. Squibb's auction room; the door was double-locked, and this key opened it.

To John Clark . Where did you find the keys? - Under M'Neil's bed.

To Mr. Elderton. You talked of your door being broke open on the 10th: how did it appear to have been opened? - It appeared to be forced open with a foot; the bolt was much bent. Up stairs there is the auction room; that door was broke open. There is below stairs the door that goes into the street; that appeared to have been opened with the false key; it was not broke nor forced.

To Jealous. Which door did that key fit? - The outer door.

THOMAS SIBTHORP sworn.

I shut up the auction room on the night of the ninth, between seven and eight o'clock; the outer door was double locked: there is no other passage: the lace was in the auction room then.

Did you go first in the morning? - No.

Clark. After an application was made, we had a private information that Levy was to have the first sight of the goods. We desired Mr. Elderton's people to keep a watch upon him, and observe what private house he first went into, and we would search it; which had this effect.

Court. Mr. Elderton says, he was told there were four capital dealers who were able to make this purchase. I hope you will use your endeavour to bring them to justice.

Ridgeley. I leave my defence to my counsel.

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

( M'Neil called one witness, who said she was in his room on the Saturday was three weeks; and that two men brought a bag, and left it there with his wife, desiring her to take care of it.)

M'NEIL GUILTY . N. three years .

RIDGELEY GUILTY . N. two years .

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

Reference Number: t17810530-56

362. THOMAS HALL was indicted for stealing four wooden chests, value 2 s. an hempen bag, value 12 d. and 460 lb. weight of tea, value 127 l. the property of Hannah Baker , widow , March the 14th .

It appearing upon the evidence, that the prisoner was the brother of the prosecutor's servant, to whom the goods were delivered, to be carried to Norton Falgate; and that what he did, was under the direction of his brother, to whose trust they were committed; the court was of opinion, it was no felony in the prisoner; therefore he was found.

NOT GUILTY .

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

Reference Number: t17810530-57

363. ALICE HAMILTON was indicted for stealing a watch with a silver case, value 30 s. another watch with a silver case, value 30 s. another watch with a silver case, value 20 s. another watch with a silver case, value 20 s. another watch with a base-metal case, value 10 s. three steel watch chains, value

18 d. a stone steal, two silver seals, value 4 s. a steel swivel seal, value 2 s. a stone seal in base metal, value 2 s. two keys, value 2 d. a steel key, value 1 d. two brass keys, value 2 d. and a base-metal coffee-pot plated with silver, value 20 s. the property of William Ward , in the dwelling-house of the said William , April the 4th .

WILLIAM WARD sworn.

I am a watchmaker , in Hyde-street, Bloomsbury . On the 4th of April, in the evening, I lost all the things mentioned in the indictment (repeating them) out of the shew-glass in my shop. I had seen them at six o'clock that evening. When I went to take in the watches at nine o'clock, as I commonly do, they were missing. The coffee-pot was taken out of the parlour.

- DIXWELL sworn.

I am a constable. I had an information against the prisoner. I went and took her up. I searched her lodging. In a caravan box I found these two watches and a coffee-pot. She lodged in Devonshire-street, at one Mrs. Romer's. They have been in my possession ever since. I have two other watches, that were delivered to me at the Rotation-office; one of them she said she had lent to her husband.

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

Cross-Examination of the Prosecutor.

You suspected your maid, I believe? - I suspected both Hamilton and my maid.

THOMAS BOWLES sworn.

I am servant to Mr. Fitzgerald, a pawnbroker, in Holborn. I have a silver watch I had of the prisoner. She came and asked me if we bought such things. She said she wanted a plain gold ring. I bought it, and gave her a plain gold ring and 12 s. for it.

What is the gold ring worth? - Six shillings.

To Prosecutor. What is the watch worth? - A guinea and a half at the least.

Bowles. It appeared, according to my judgement, to be a very old movement.

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

Counsel to the Prosecutor. How did you find out all these things? - By Mrs. Hamilton's directions.

Had you promised her any thing? - Nothing at all.

Had not you told her, if she shewed you where the property was, you would not hurt her? - No, never in my life. The magistrate said, as some things were found upon her, she might as well confess where the property was: it might be more favourable for her. Nothing was said by me. It was my wish to be as favourable as possible.

You desired to be favourable, but have been as severe as you could: you have indicted her capitally. - I desired to indict her otherwise, but was told I could not. She told us of the things at the same time.

Was any thing found prior to her confession? - Nothing but what was found in her lodging.

To Dixwell. The watches you found, you found by her direction? - No.

Had not you said something to her? - No, nothing at all: it was late at night.

Did not you go to a public-house with her? - No, not that night: we went into a public-house in the morning. I told her she had better confess, and let the man have his property again.

Had you found any thing before that? - Yes, the two watches and coffee-pot.

Prisoner. I leave my defence to my counsel.

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

GUILTY . ( Death .)

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-58

364, 365. MARY JACKSON and ANN DOUGLAS were indicted, the first for stealing a watch, the inside case base metal, the outside nours-skin, value 8 l. a steel watch-chain, value 5 s. two cornelian seals set in gold, value 3 l. a base-metal watch-key, value

12 d. a base-metal watch-hook gilt, value 2 d. and a steel key, value 2 d. the property of Alexander Louis M'Donald , privately from his person , and the other for receiving the above goods, well knowing them to have been stolen, against the statute, &c. May the 8th .

ALEX. LOUIS M'DONALD sworn.

On the 8th of May, between one and two in the morning, I met Mary Jackson in Butcher-row, and went to her lodgings in Great Wild-street . Being upon an errand of this nature, I took my watch out of my fob, and put it into my waistcoat pocket. I was with her on the bed five minutes. Somebody tapped at the door, and she started from the bed. I examined my pocket, and found the watch was gone. I apprehended her. She had her arm extended out at the door, and I suppose she then gave the watch to the person who had tapped. She was taken to the watch-house, and searched; but nothing was found upon her.

EDWARD TREADWAY sworn.

I am a constable. The prosecutor was in liquor. He came to the watch-house, and gave different accounts. He charged Jackson with stealing his watch. She was searched, but nothing found upon her. Ann Sykes delivered up the watch, and said Douglas asked her to dine with her; and as her husband was a soldier, and not to be at home that evening, she permitted her to lie with her. Next morning she observed the watch upon the chimney-piece: she asked Douglas where she had it? and she said she had it from Jackson.

GEORGE MITCHEL sworn.

He said he could not tell the maker's name. It was a gold watch, with gold seals to it.

To the Prosecutor. How long have you been in possession of this watch? - I think, ever since January was twelvemonth. It was a present sent me by my father from NewYork. He is an officer in his Majesty's service. The person who brought it said it was a gold watch, and I never doubted it.

ANN SYKES sworn.

Douglas came to me, and asked me to let her lie with me. When I got up in the morning, I found the watch on the mantle-piece. I asked her whose it was? she said she did not know, but wished the right owner had it.

JACKSON GUILTY of stealing the watch, but not guilty of stealing it privately from the person .

DOUGLAS NOT GUILTY .

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

[Imprisonment. See summary.]

Reference Number: t17810530-59

367. JOHN GILLARD was indicted for stealing a piece of dove marble, containing in length four feet four inches, and in breadth seven inches, value 4 s. the property of Robert Bush , May the 6th .

The prosecutor not appearing, and there being no evidence to prove the property, the prisoner was found.

NOT GUILTY .

Tried by the Second Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-60

368. CHARLES KITELY was indicted for stealing four pound of cinnabar, value 30 s. the property of William Hodgson , April the 30th .

WILLIAM HODGSON sworn.

The prisoner was my clerk . I suspected he had stolen a quantity of cinnabar from me, as I was informed he had carried some cinnabar to Mr. Palmer's, a public-house, at Cow-Cross.

RICHARD PALMER sworn.

I keep a public-house. On Monday the first of May, the prisoner brought this paint, contained in this handkerchief, to my house: he left it, and said he should call for it at four o'clock in the afternoon, or

by nine the next morning. I looked at it, and found it was what I did not chuse to have in my house, it being a prohibited colour. Knowing it to be of a dangerous consequence in my house, I conveyed it to a neighbour's, where I had it under lock and key. The next day a neighbour came and told me the prisoner was taken up for defrauding Mr. Hodgson. I went to Mr. Hodgson: his clerk was at home: he came down, and proved the property to be his master's.

(The colour was produced in court.)

Court. What is it?

Mr. Hodgson. It is China cinnabar, a colour for the use of limners. The marks upon the several papers, I put upon them at the time I bought them, to know the qualities.

Had your clerk, the prisoner, any of this colour of his own? - No: there were but few of us that bought any at the sale: it was bought out of a French Indiaman, a prize.

Nor he had no business to take any out of your house? - No, for no purpose whatever.

From the prisoner. Whether he can prove, by any possibility, that I had ever stolen any cinnabar from his house; and was it missed during the time of my residence in Mr. Hodgson's family? - It was not missed till Mr. Palmer came and told me; and when I saw it, I went and took the stock of this account, and found twenty-one packages gone, six of which are here.

Prisoner. Can Mr. Palmer prove I delivered these goods into his house? - Upon my oath, he delivered these five papers to my wife, and I was close to her when he delivered them to her.

Prosecutor. There should be ten in each of these packages: there is now in one but nine; therefore one is gone out, I suspect, as a sample.

PRISONER's DEFENCE.

This cinnabar has not been found upon me; I have neither stole it, nor did I absolutely take it from Mr. Hodgson's house, as it is alledged against me; neither did I know the nature, or quality, or quantity, of that material in his house; nor did I see it open in his house: it was given to me to dispose of by two persons, who said they belonged to Capt. Cotton, of the Hawk Indiaman; they must have it there, or else it must have been smuggled, because it pays a heavy duty here. I taught the science s and mathematics, at Aspley in Bedfordshire, and surveying, navigation, architecture, drawing, and geography, with other branches of the sciences. I have, for most part of my life, been in the country: I have not been a year in London since my infant age: I lived in the country till last Christmas.

GUILTY .

Tried by the London Jury, before Mr. RECORDER.

[No punishment. See summary.]

Reference Number: t17810530-61

369. JONATHAN FISKE was indicted for feloniously, falsely making, forging, and counterfeiting, a certain paper-writing, purporting to be the note of hand of Patrick Roche Farril , Esq ; for 150 l. payable to the said Jonathan Fiske , or order, with intention to defraud the said Patrick Roche Farril .

2d Count. For feloniously uttering and publishing, as true, the said note, well knowing it to be forged, with intention to defraud Patrick Roche Farril , Esq;

3d Count. For forging the same note, with intention to defraud William Fox .

4th Count. For feloniously uttering and publishing the same note, with intention to defraud William Fox .

Mr. WILLIAM FOX sworn.

I am a bookseller : the prisoner at the bar is also a bookseller: he keeps a circulating library in Edward-street, Portman-square .

Did he at any time tender a note to you? - Some time in November last he came to my shop, and said he wanted about 50 l. worth of books for his library; and if I would let him have them, he would deposit in my hands, as a security, a note for 150 l. which had about six months to run. He said the gentleman lodged, and (I think he said) boarded with him.

(The note was produced in court, and deposed to.) It was dated October 12, 1780, for seven months. On the 16th of May, I think it was, I called upon Mr. Farril with it. Mr. Farril was not stirring. I left notice that I would call again next morning with it; which I did, and then saw Mr. Farril: he refused to pay it. I immediately went to Fiske with it, and told him that Mr. Farril had refused to pay it, and said that it was not his note. Fiske replied, that it was his note, that he had it of him, and he should be made to know it. I told him he must go in and settle that point with Mr. Farril, and wanted him to go with me; but he declined going then, saying, he would go soon. A day or two after, Fiske called on me with his attorney, and desired to know if Mr. Farril had charged him with a forgery. I told them what Mr. Farril had said; that the word forgery was not used, but expressions equivalent to it. Last Tuesday morning I again called on Mr. Farril.

How many days was that from the last time you was there? - The 16th I went first, the 17th I saw Mr. Farril, and this was the 29th; when I called again, then Mr. Farril said it was a forged bill. Fiske was sent for, and came directly: he persisted in it, that it was a genuine bill, and that he had it of Mr. Farril; and said, that nobody was present but Mrs. Herbert when Mr. Farril gave him the note; but that Mr. Gray and Elizabeth Wilson knew of his having such a note. Elizabeth Wilson was immediately called up; she said, that Mr. Fiske told her, that he had a note of Mr. Farril's, which he believed Mr. Farril did not think of; I think that was the expression. Mr. Gray was sent for, but could not be found; I did not see him, either there, or at the justice's. The prisoner expressed a great deal of readiness to go before a magistrate, and we all went to the office in Litchfield-street; Mr. Mercer and Mr. Crofts were sitting. Mrs. Herbert was sent for, and examined; she denied having any knowledge of the transaction.

Cross-examination.

I believe you have known the prisoner some time? - Yes, being of the same trade, I knew him of course.

You had no difficulty in taking a note of his indorsement? - No.

Did you know of Mr. Farril's living at the house of Fiske? - I took care to inform myself that there was such a gentleman lodged at his house.

You say, when you first went to Mr. Farril, his servant told you he was in bed? - Yes.

You afterwards went to the prisoner, and told him that Mr. Farril said it was a forged note? - Tantamount to it; that he denied its being his note.

Did not Fiske, upon that representation, insist upon its being a good note; and that he would bring an action against Farril for saying it was otherwise? - Not at that time; that was afterwards, when he called upon me with his attorney.

He told you he would go to his attorney about it? - No; he said, that it was a genuine note, and he should be made to know it.

Afterwards he came with Mr. Lee, his attorney? - Yes.

Was you not desired to push Mr. Farril to make a positive assertion, that it was a forgery, for the purpose of enabling Mr. Lee to bring an action? - I was. They said they came to know if Mr. Farril had charged him with forgery, as it was intended to bring an action. I then told them what Mr. Farril said to me; that he had not used the term forgery, but had used equivalent expressions: that he never gave such a note, that it was not his, that he never owed Fiske any such money, I think, were the expressions.

You could not be positive in your information to Mr. Lee, that Farril had charged Fiske with an absolute forgery? - I said it was a charge of forgery by implication; but that the word forgery had not been made use of by him.

But the inquiry was directed to know whether he had said so or not? - Certainly.

I think you have said, that Fiske never made any kind of difficulty about going to a magistrate, nor expressed any kind of apprehension

of danger? - He expressed a great deal of unconcern about it.

Do you know how long Fiske remained at home at his own house, after it was communicated to him by you, that he had been charged with this being a forged note? - From the 17th to last Tuesday the 29th.

Did you see him at home, and in his business, as usual, on those days? - I never was there between those days. On the 29th I found him in his shop as usual.

He said nobody was by when the note was given, but Mrs. Herbert and Farril? - Yes.

Do you know who Mrs. Herbert is? - I never saw her before that morning.

When Mrs. Herbert came, Farril and Fiske were both present? - Yes.

Did she express any degree of amazement, that Fiske should demand 150 l.? or pretend that Farril could not owe such a sum? did she say any thing about it? - She said she did not apprehend it to be Mr. Farril's note. I cannot recollect her particular expressions.

You say, Elizabeth Wilson said, Fiske had told her he had such a note in his possession? - Yes.

Did she say when he told her so? - I do not recollect that she did.

Counsel for the crown. Was it a note, or such a note? - I think the words were, that he said he had a note, which he believed Mr. Farril did not think of.

All this time you had the note in your possession? - Yes, from November to last Tuesday, when it was given over to the constable.

WILLIAM CHAMBERS sworn.

Look on that note: is that like Mr. Farril's hand-writing? - Patrick and Farril exceeding like it; Roche very unlike it; the words seven months very unlike it.

Do you believe it to be his hand-writing? - I can only tell you which is like, and which is unlike.

Cross-examination.

Suppose the note contained no other words than those you have mentioned, should you have taken it to be his hand-writing? - I should.

You are to declare, what would have been your belief, on the inspection of the note, if you had seen it any where else: if it had been presented to you, without ever having heard any thing of it before; upon the inspection, should you have believed it to be, or not to be, the hand writing of Mr. Farril? - I should rather have believed it was.

JOHN POWELL , Esquire, sworn.

I have known Mr. Farril some years.

He is a man of family and fortune? - I believe, both.

Do you know his hand-writing? - I think I do. I have seen him write, and have received many letters from him. I have seen the note before; and entirely agree with Mr. Chambers, if the note had come to me, without my having had any notion of it before, I should have taken it for his hand-writing: but, after examination, it is wrote, taking it all together, better than his hand-writing is in general; it is more uniformly well throughout.

Cross-examination.

Then, if this note had been produced to you, you say, at first sight, you should have had no doubt about it? - No.

Are there not some parts so like, that no man alive could distinguish them? - Yes; like Mr. Farril's best hand-writing.

Do you know Mrs. Herbert? - Yes; I do.

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

Perhaps you may know if Mr. Fiske, the prisoner, has accepted accommodation-notes for Mr. Farrill? - Yes; he has so, indisputably.

As to what has fallen within your knowledge, how much money has he been accommodated with by Fiske, by those notes? - I believe, with very little more than 50 l. within my knowledge; I do not know how much out of my knowledge. When Mr. Farrill fell out with his friends, he was left in distress, without any money for support; he had been out of town; he could not very well come to town without money: he mentioned it to me and several

friends: he applied to Fiske; and there was a note drawn for 150 l. accepted by Mr. Fiske, to accommodate Mr. Farril. None of the parties knowing any thing of the nature of drawing notes, it was so imperfectly drawn, that it was not fit to negotiate: in consequence of which, it was sent back; and another, I believe, drawn, that was not negotiated, because the credit of the parties was not sufficient.

Is not Mr. Farril, at this moment, indebted to Mr. Fiske for board and lodging? have you not heard him say that? - No; I believe he discharged the debt when he left the house.

Court. There were accommodation-notes passed between Fiske and Farril? - There was 150 l. accepted by Fiske to accommodate Mr. Farril, which was not successfully negotiated; and in return, three notes, of 50 l. each, given in lieu of it, in order to be negotiated; one of which I know to be out.

Do you happen to know about what time it was when Fiske accepted these notes? - In October.

Do you know, as Fiske accepted notes to 150 l. in accommodation of Farril, whether Fiske did not take Farril's note? - I do not know. I asked Mr. Farril if he had done it: he said Fiske made no difficulty about it.

Do you know whether he was in town the 12th of October? - I know he was.

Court. This note bears date at the very time of the transaction: it is not probable, but that, when Fiske accepted notes to accommodate Farril, he took Farril's note in return; which note this certainly is. Whether Fiske has done right in negotiating the note, is a very different question, and is the only consideration that will prevent my doing, what I should otherwise do, grant a copy of the indictment.

If Fiske really is aggrieved, he will take such measures as he is advised.

Counsel for the prisoner. I shall not ask for a copy of the indictment.

NOT GUILTY .

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

Reference Number: t17810530-62

370. JOHN MEREDITH was charged, upon the coroner's inquisition, for feloniously killing and slaying Thomas Payne , April the 10th .

The prisoner is beadle of Hammersmith. The deceased was a pauper very aged and infirm. The prisoner, with some degree of inhumanity, forced the deceased out of the parish of Hammersmith into the parish of Chiswick ; in the workhouse belonging to which parish he soon after died.

A surgeon, who attended the deceased in Chiswick workhouse, said, the deceased did not complain of having been ill-used by the prisoner; that he had a violent fever; and it was his (the surgeon's) opinion, that he died by the visitation of God.

NOT GUILTY .

Tried by the First Middlesex Jury, before Mr. Baron PERRYN .

Reference Number: t17810530-63

371, 372. JOHN LESLEY and CHARLES LESLEY were indicted for that they, in the King's highway, upon Robert Massey feloniously did make an assault, with intent the monies of the said Robert to steal, against the statute , May the 13th .

ROBERT MASSEY sworn.

I am collector of the toll at Battle-bridge turnpike . On Sunday the 13th of May, at about half after ten o'clock at night, an acquaintance of mine came to the gate with a horse he was going to put into a field: he said, as it was dark, if I would go with him a little way, he would treat me with a pot of beer. When I had got with him about an hundred or an hundred and fifty yards from the gate, I was collared; but who the person was, I did not know, it was so dark. I asked, if they were going to rob a poor turnpike-man? Just at that instant, there came a flash of lightening; and I saw one of the company particularly. They let me go when it lightened. I went back to the turnpike-house; I unlocked the door, and left the

key outside. I went up to the fire-place to look for a poker, in case any body should come in upon me: before I could find a poker, I was knocked down by the prisoner John Lesley ; and he demanded my money: that was about four or five minutes after I had been stopped. I got up, and began licking him; and then the other prisoner fell upon me.

What light had you in the turnpike-house? - There was a candle burning, and a good fire.

Are you quite sure he demanded your money? - I am. After tussling with them three or four minutes, I got from them, and ran out of the house. The key being outside the door, I locked them in, and cried out, Murder! Some people came to my assistance, and they were taken in the toll-house.

Had you any quarrel or scuffle with these people before they demanded your money? - No.

Cross-Examination.

You left the gate? - I was within call.

Had either of these young men any arms, or even a stick? - No.

Did they put their hands into your pockets? - No. They found me too much for them.

Was there any body else in company with these young men? - There were seven or eight in company when I was first stopped. I saw the prisoner's brother by the flash of lightening. That brother came into the turnpike-house just after we had tied the prisoner's hands, and asked what was the matter? and I charged him with being one of the men that had stopped me. When the brother came back, he said he had never seen the prisoners: but he told a different story before the justice.

LUCY PUGH sworn.

I live at the Maidenhead at Battle-bridge. As I was going to bed, I heard the turnpike-man cry out, Murder! I ran to the turnpike. I saw Robert Massey at the turnpike door. The two prisoners were locked in. He said they had knocked him down, and demanded his money. Two gentlemen came up in a chaise, or little cart. A Thomas Tibb came up. I went into the toll-house, and saw the prisoners. There he charged them with knocking him down, and demanding his money.

THOMAS TIBB sworn.

I am a collar-maker. On Sunday, the 13th of May, I was going to a field with a horse. It was very dark. The turnpike-man was going a little way with me. Somebody came up and collared him, and bid him stop. He said he hoped they would not rob a poor turnpike-man. They made no answer, but went off towards the turnpike. There was flash of lightning just then; but I was going off, and did not see them. I took the horse to the field. In coming back, soon after, I heard the cry of, Murder! I found Massey at the door of the turnpike-house. He said he had locked two men in, that had knocked him down. I went in with him, and we laid hold of the prisoners. A brother of the prisoners came in about ten minutes after the door was opened, and wanted to know what was the matter. Massey said he knew that was one that had stopped him on the road; and we secured him. He pretended he did not know the prisoners. They were stroaked down by a person, but no arms were found upon them.

WILLIAM WESTON sworn.

I live with my father, a master brick-maker, within about eighty yards of the turnpike. I was in bed, and heard Robert Massey cry out Murder! several times. I jumped out of bed, threw up the sash, and said, What is the matter, Bob? The prosecutor was outside the house: he said, For God's sake, come: I am almost murdered; I am almost choaked. He was almost out of breath. I ran over to the gate. When I got there, they had opened the door, and seized the prisoners. He said they had knocked him down in the toll-house, and demanded his money. Their brother came in afterwards. Massey said, This is one of the men that attacked me in the road; I believe he said, that knocked him down in the road: and he was secured.

- HAMMOND sworn.

I keep the Swan, in Oxford-Road. I was coming home from Kingsland on the 13th of May, with two friends, in a little chaise-cart. Just at Gray's-inn-lane end, we heard a cry of Murder! repeatedly. Mr. Swinnerton and I got out of the cart, and went to the toll-house. There we saw the prisoners. The turnpike-man charged them with knocking him down, and attempting to rob him. While we had hold of them, another came in, and asked what was the matter? The turnpike-man said, You are one of them; I can swear to you. I shut the door directly, and said, We will keep all in that we have got in. As we were taking them to prison, they were very abusive.

( Joseph Swinnerton confirmed the testimony of Mr. Hammond.)

CHARLES LESLEY 's DEFENCE.

He first said he went into the turnpike-house after he was attacked; then he said he was not struck in the toll-house at all. Every one has varied in their tale.

JOHN LESLEY 's DEFENCE.

He swore before the justice, that my brother and I knocked him down together. I beg he'll answer that.

Prosecutor. I did not swear so before the justice, but that I was knocked down singly by him.

To the Prosecutor. These men went on to the toll-house before you? - I did not see them till I had been some time in the house.

For the Prisoners.

JAMES LESLEY sworn.

I am brother to the two prisoners. On Sunday, the 13th of May, we took a walk to Kentish Town. We had two bottles of ale. Then we came to Mr. Armitage's; then we went to the Nag's-Head; there we drank till about half after ten; then we were going home, by Battle-bridge Road. In going past the toll-house, (I was before my brothers twenty or thirty yards) there was a cry of, Murder! they both returned back to the toll-house, and I turned back after them; and they directly took me in charge. Massey said he had seen me with some people that had stopped him before. I asked them what was the reason of my brothers being tied? All the answer they gave me was, I should know time enough to-morrow. I did not know what my brothers were charged with till next morning.

Were your brothers and you in com pany together? - Yes; I happened to walk a little before them.

Had you parted company? - No.

You had got before them twenty or thirty yards? - It might be more. Not hearing my brothers, I turned back, and then I heard the cry of, Murder! upon which I went to the turnpike.

How long was it before you heard the cry of Murder? - It might be five or seven minutes. I walked down the road towards Gray's-Inn Lane, hearing the cry of Murder! I then missed my brothers, and turned back again, thinking that something had happened.

What do you think they stopped for? - They went back, after having been through the toll-gate, upon the cry of Murder: they went back to assist the person that was crying Murder. The gate-keeper was crying Murder by himself, as I understood.

Do you know how they came into the toll-house? - They were pushed in by the keeper of the gate, as I understood from them; I did not see it; it was too far off.

( John Lesley called his master, Thomas Cartwright , a shoe-maker, and a leather-cutter, who gave him a very good character.)

(They likewise called several other witnesses, who gave them a good character.)

BOTH NOT GUILTY .

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

Reference Number: o17810530-1

John Hunsdon , whose sentence had been respited for the opinion of the Judges, was informed that the Judges were of opinion that the indictment was sufficient to support the conviction. He was also sentenced to work a year in the ballast lighters .

Reference Number: o17810530-2

Jane Vincent , William Russell , William Archer , Peter Boys , Richard Sheering , and John King otherwise Read , formerly capitally convicted, were executed at Tyburn on Wednesday the 6th of June
Reference Number: s17810530-1

The Trials being ended, the Court proceeded to give Judgment, as follows:

Received Sentence of Death. 14.

John Calcott otherwise Cockett, Laurence Webb , Benj. Cantofer , William Wood , Boys Errburrill, William Ives , Thomas Holliday , Charles Thompson , John Ruglass , William Marsh , Samuel Woodham , Andrew Daniels , William Jackson , and Alice Hamilton .

To work on the Thames, (for the Improvement of the Navigation) 1 Year.

John Pilkington , John Robinson , and Samuel Davis .

Reference Number: s17810530-1

John Hunsdon , whose sentence had been respited for the opinion of the Judges, was informed that the Judges were of opinion that the indictment was sufficient to support the conviction. He was also sentenced to work a year in the ballast lighters .

Branded in the hand, and imprisoned a year.

Thomas Roberts .

Imprisoned 12 months.

- Batley.

Imprisoned 6 months.

Elizabeth Bedford , Joseph Smith , Ann Owen , Mary Price , and Mary Jackson

Sentence Respited.

Charles Kiteley .

Reference Number: s17810530-1

Jane Vincent , William Russell , William Archer , Peter Boys , Richard Sheering , and John King otherwise Read , formerly capitally convicted, were executed at Tyburn on Wednesday the 6th of June . The remainder of the capital convicts were respited during his Majesty's pleasure.


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