Old Bailey Proceedings, 16th October 1782.
Reference Number: 17821016
Reference Number: f17821016-1

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 16th of OCTOBER, 1782, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Hon. Sir William Plomer , Knt. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER VIII. PART I.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON No. 13, Pater-noster Row.

MDCCLXXXII.

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 WILLIAM PLOMER , Knt. LORD MAYOR of the City of London; The Hon. Sir GEORGE NARES , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Hon. Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; The Hon. JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City; 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.

John Bowley

* Thomas Sparks

* John Hayward served part of the time in the room of Thomas Sparks .

Thomas Philip Hoggins

John Warner

John Butcher

James Taylor

William White

Raham Reefe

William Palkall

Joseph Welch

Joseph Eaton

William Elyett

First Middlesex Jury.

James Caney

Nathaniel Allen

Thomas Bradshaw

Stephen Beck

William Clapperstin

William Blanket

Thomas Hawes

Thomas Kibble

Richard Price

Philip Splidt

John Scott

William Simms

Second Middlesex Jury.

William Handy

Joseph Ainsley

Samuel Cockran

James Gibson

John Hoskins

Edward Humphries

Thomas Martin

Nicholas Matthews

George Oliver

Lacey Punderson

John Parker

Samuel Sorrell

Reference Number: t17821016-1

612. ELEANOR DIGNUM was indicted for feloniously stealing on the 29th of August last, a cotton gown value 5 s. one pair of stays, value 2 s. one linen apron value 4 d. one muslin cap, value 2 d. one pair of worsted stockings, value 6 d. and one pair of base metal shoe-buckles, value 1 d. the goods of Jane Walker , spinster .

ACQUITTED for want of prosecution .

Reference Number: t17821016-2

613. JOHN MOORE was indicted for feloniously stealing on the 16th of September last, a black silk cloak, trimmed with lace, value 7 s. one linen apron, value 1 s. and two shillings and eleven-pence farthing in monies, numbered , the goods and monies of Mary Bradley , spinster .

MARY BRADLEY sworn.

I was coming down Harding-street last Monday month, and there were three men together between six and seven in the evening; two men walked up before me, and the prisoner came after me, and stopped, and asked me the nearest way to the Horse-Ferry-Road; I turned round to give him an answer, and told him to go as strait as he could; and when I turned my head, I saw something white on the ground, it was a pocket-book, in a white handkerchief, I stooped to pick it up, and the prisoner was too quick for me, and picked it up, he asked my pardon for taking it out of my hand, and said, what there was I should have half of; we went a little further to the lamp, and he untied the handkerchief, and opened the pocket-book, and there was a ring in it, and the ring was wrapped in a bill and receipt; and the prisoner gave me the receipt to read, I could not make it out, and one of these two men crossed the way, and came over to me, and the prisoner took it out of my hand and asked the man to read it, which he did; it was in the receipt, six guineas: the prisoner said he was come out of the country on business, and had paid all his cash away; the other man asked me where I lived, I told him with my father and mother, and I had no money about me; he asked me how much I had, and he would lend me half a guinea, with a proviso, I would give what money I had in my pocket and my cloak, and my handkerchief; I was loth to part with my cloak: he said, would I give him my gown: I gave them my cloak and two shillings, and eleven-pence farthing in halfpence. The prisoner took the cloak, and the apron, and the handkerchief, and the money, I gave them to him for the ring; and he was to return them the next morning at seven o'clock, he was to come for the ring and give me three guineas, and return my things. The other man wished me a good night; and I thought by the manner of his behaving, he did not mean to come again. I went home, and looked at the ring by the fire, there was no candle, and I thought there never was such a stone as that set in gold. I went to a silversmith that lived near, and he told me, I had lost my cloak; he advised me to take the rascal, but he did not tell me what the ring was worth. I went to another silver-smith, and he told me the same: as I was going home, I saw the prisoner facing Scotland-yard, in Buckingham-court; I said to some children, that were there, there were the men, and the men hearing me, and seeing me, ran away; I called, Stop thief! and they were taken by a gentleman; and I desired the men to give me the things again, and the prisoner gave them me; he did not give me back my money, I did not recollect it then: the prisoner was committed. (The ring produced.)

PRISONER.

I gave the gentlewoman her things again immediately.

GEORGE PETERS sworn.

I heard a cry of Stop thief, as I was standing at my door, and took the prisoner: the young woman said it was him that had robbed her; I did not see him return any thing to the young woman.

EDWARD HARBINE sworn.

I was speaking to a gentleman near Charing-cross; I heard the cry of Stop thief, and saw the prisoner run, I followed him, and a person stopped him; I turned back, and saw the woman, and she said the prisoner was the man: I did not see him give her the things; but I said to him, you must go before justice Hyde, the prisoner said, what need have I to go before him, I have given the woman her things back again, and she is very well satisfied.

PRISONER's DEFENCE.

I gave the gentlewoman her things again, and she told me when she came down to Tothill-fields Bridewell she did not intend to prosecute me; I did not expect she would have

appeared against me; I did not send for any witnesses.

NOT GUILTY, Of a felony .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17821016-3

614. DAVID HUGHES was indicted for feloniously stealing on the 28th of September last, one pair of silver wax candlesticks, value 40 s. a silver half pint mug, value 30 s. a silver cream pot, value 20 s. one piece of a broken silver table spoon, value 5 s. two silver handles of a knife case, value 5 s. and one silver foot of a knife case, value 1 s. the goods of Juliana Penn , widow , in her dwelling house . And THOMAS DYSON was indicted for feloniously receiving on the same day the said silver candlesticks, half pint mug, and cream pot, part and parcel of the said goods, knowing them to be stolen .

JAMES ALDUS sworn.

I am a pawnbroker in Berwick-street: on the 28th of September, about nine in the morning the prisoner Dyson brought to me to pledge, a pair of silver candlesticks, a half pint mug, and a cream pot; he asked me two guineas on them, I agreed to give him the money and a duplicate, he wanted some things out. There being a crest on them, I desired to know where he lived, he said in Poland-street No. 12, I told him I should go with him and see that they were his, he desired to have either the plate or the money, then he said he lived in St. Ann's court; I then immediately sent for a coach to take him to the magistrate, as soon as the coach came he said the plate belonged to his wife who was in the country, and lived in a gentleman's family; I said I should take them to a magistrate's, he said there was a man at the door could give me an account whose they were; the prisoner David Hughes was then standing in the street, as soon as he came out at the door the prisoner Dyson called David, and I took them both to the magistrate's; the prisoner begged I would let him go; he said he was servant to Lady Penn in Spring-Gardens; he said he wanted to raise some money and that all the things belonged to Lady Penn; and said he would carry them home if I would let him go: at the magistrate's he said Dyson came to him at a public house, and it was consulted that they should be brought to his lodgings.

WILLIAM SHERMAN sworn.

I am servant to Lady Juliana Penn ; I know the prisoner Hughes, he was servant to my Lady, as butler ; I know this plate to be Lady Juliana Penn 's property, it used to be kept in a chest in his pantry, the family were not in town at that time; the plate was used but seldom, I cannot tell how long before it had been used; the prisoner had an inventory of the plate when the other servant left the place which was about a fortnight before; I have lived with my Lady a year and a quarter before she went abroad, and a year since; I do not know the prisoner Dyson, I remember seeing him at my Lady's once on the Thursday night, and he was detected with the plate on the Saturday morning with David Hughes .

MOSES MORANT sworn.

The prisoners were brought to the office, I searched the pocket of Hughes, and I found a broken spoon, two handles of a knife case and a foot of a knife case.

William Sherman . The broken spoon and the pieces of the handle are my Lady's property.

Court. Have they any mark? - No, I am sure they are her property, because I have seen the pieces of spoons in the case with my Lady's crest on them.

Court. How do you know these are the identical things? - Because there are some of them upon the knife cases at home just like this, these pieces were broken off, and were laid by.

PRISONER HUGHES's DEFENCE.

On the 27th of September, Thomas Dyson sent for me to a public house, the ship, and he called for a pint of beer; I went to

him, he said he was going to his place the next day the 28th, in the afternoon, and he was very much distressed and he did not know how to get into his place, he wanted to get some things out of pawn, and he asked me if I had any thing of my own to put into pawn, or any thing to help him out to go into his place, and I said no, he said if I could put any thing in pawn for a guinea or that, I should take it up again and have the duplicate; I said I did not know a pawnbroker, he said he knew of one, then I agreed to take him a few things to have the value of that money.

Court. You are accusing yourself, instead of defending yourself.

Prisoner Hughes. Then I went to the pawnbroker's and waited for the duplicate, I thought it was a long while, I went towards the place and found he was taken and stopped; I did not know the consequence.

Court. The consequence is very heavy on you, perhaps beyond what you expect; when men do bad things they do not know what will be the end of it very often.

Prisoner Hughes. If I had known the consequence I would not have gone up; then they stopped me, and I went to Bow-street.

PRISONER DYSON's DEFENCE.

On the Friday night I was with this young man, he desired me to wait for him, he might want to send me of a message; he came to the house about half past seven, he said he was going to Covent-Garden to raise some money from a friend as he was distressed; being a new servant he did not wish to have it known, that he wanted money for cards, and messages, and letters, and the like of that; we parted, and he said if he got money he should not see me, but if he did not, he would bring me some things to pledge; he was very fearful of losing them.

Court. Did you take it to be an honest thing for him to take his Lady's property to pawn? - I did not know it was his Lady's.

Then you took it to be his own? - He told me the next morning that he had these things from a certain person that he kept company with, which were left with her by her sweetheart, and he wished me to pledge them.

Court to Hughes. Where did you live before? - With Lord Frederick Campbell about four months.

HUGHES GUILTY , ( Death .)

DYSON GUILTY , Transportation for fourteen years .

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

Reference Number: t17821016-4

615. JOHN MUTTON was indicted for burglariously breaking and entering the dwelling house of Thomas Coster , about the hour of two in the night, on the 28th of September last, and stealing three muslin robes, value 1 l. 11 s. a dimity robe, value 10 s. 6 d. three linen gowns, value 7 s. 6 d. four linenfrocks, value 10 s. two linen shirts, value 2 s. one pair of boots, value 2 s. and one pair of shoes, value 1 s. the goods of William Finch .

WILLIAM FINCH sworn.

I lodged at the house of Mr. Coster, in Bowes Farm, Edmonton ; in the morning of the 29th of September, I was informed by my servants, that the house had been broke open; when I came down stairs I found that the shutters of the back parlour window had been broke and forced open, where there appeared the marks of the foot-steps of people coming into the house; the door of the back parlour appeared to be wrenched open, and the box of the lock forced off: there were several closets appeared to be broke open; and every lock below stairs was broke and forced. I missed a great many things; and when these things were produced, they appeared to be my property. The first time I saw them again, was at justice Wilmot's, (except a pair of boots, which by the permission of Mr. Alderman Townsend, I took away; having nothing left but slippers this man having first made a mark in them, that he might

know them;) I saw the boots at the Red-Lion, at Tottenham, about the middle of the day; this was the morning after that I heard they were at Tottenham, at the Red-Lion. I found the man belonging to the Red-Lion, he told me he could not deliver any thing without Mr. Alderman Townsend's authority. I went to the Alderman, and informed him of my situation, that I had nothing to wear but a pair of slippers; he went with me, and I got the boot.

Court. Are you sure the boots so delivered to you, were your boots? - Certainly.

Court. Had they been in the house the night before? - I had worn them the day before, I did not pull them off till eleven o'clock the night before; I delivered them to my servant.

Prisoner's Counsel. What time in the morning was it that you first discovered this? - Between seven and eight.

Is there any other person that speaks as to the time of the house being broke open? - I believe not.

You are perfectly satisfied as to the identity of the boots? - Perfectly.

Court. Do you know whether the house was fastened as to the outer fastenings? - I cannot tell as to the outer fastenings, being only a lodger; but a part of the window was forced open, and the tracks of feet from thence.

LANE HARRIS sworn.

Where did you get these boots that you delivered to Mr. Finch, by order of Alderman Townsend? - They were in this bag with the other things.

What are you? - I am one of the Toll-men. A cart came up, about a quarter past three, as near as I can guess, on the Sunday mor ning, the 29th of September, at the Green-lanes turnpike, going up to Hornsey; it came there, and two people in the cart appeared at first; they asked me to take my toll, they gave me all bad half-pence, and I disputed them; then one of the guards that was along with me, wanted to examine the cart; (we have two guards every night, for the safety of the roads, ordered by the commissioners) they said they had nothing but a bag of linen, and they hoisted it out themselves, that was this bag; he took it into the house, the guard's name is Bond: then he desired me to take hold of it, and see it; I put in my hand, and the first thing I saw was a child's frock, and I said it would not do; and I went to the horse's head, and stopped the cart. There were four in the cart, I stopped them all: one drove it, and the other set by the side of him, and the other two were laying buried under some hay, so that I did not see them at first. The men behaved extremely civil, and wanted to come down; they all agreed to get down to see these things examined; and as soon as they were got down on the near side of the cart, they all ran away, just like as one may say, shot out of a gun. The guard run after them on the off side of the cart, and shot at them, but there were only three swan shot in his pistol; and they all got off.

Court. Had you an opportunity to observe their persons, so as to know them again? - Not me.

Court. They all got clear off then? - Yes.

Has that bag been in your possession ever since? - Yes.

Does it contain the same things that it did then? - Yes, to my knowledge; there is Mr. Finch's name within the boots, and a mark I can swear to, which I put myself.

The other things are the same that were in the bag? - To the best of my knowledge, I sealed it; I have no reason to think that any thing has been changed.

(The things deposed to by Mr. Finch; and the boots deposed to by Harris, who marked them.)

Court. What may the value of these things be? - I valued them at 10 l.

Court. Put a moderate and reasonable value on the things, there seems to be no reason why you should under value them? - The other things I am no judge of.

What other things are there? - Three muslin robes, I value them at one guinea and a half, they are worth more than that;

here is another dimity robe, that is worth half a guinea.

Court. Are any of the things marked Mr. Finch? - They are all stained with and wine, they were carried down into the country on purpose to be bleached, and I believe I saw them every day; I have not the smallest doubt of their being mine; there are three cotton gowns, I valued them at half a crown a piece; here are four frocks, value half a crown a piece, here are two skirts, value two shillings, an old pair of shoes which I know perfectly well.

Prisoner's Counsel to Mr. Finch. I suppose you do not know them by any thing but the general appearance? - No.

To Harris. You say it was a little after three that the cart passed the turnpike? - To the best of my knowledge I had just been up to look at the person's watch that was in the house.

It could not be more than a quarter past three? - I think not.

What sort of a night was it? - It was moon-light, but the moon was clouded, it rather rained.

Is not this turnpike eastward of Hornsey? - Yes, it is.

How far do you take it to be from Barnet, take it the nearest way you can, suppose a horseman to go it? - About six or seven miles.

JOHN BOND sworn.

You were the guard at this turnpike in the latter end of September? - Yes.

Do you remember this cart coming up to the gate; and stopping it? - Yes.

Had you an opportunity of observing any of the men, so as to know them again? - Yes.

Who did you observe, so as to know him again? - John Mutton by name.

Should you know him again if you saw him? - That is the man.

Are you sure that man was one of the four men? - He was the man that laid on the near side of the cart.

How long might they be with you? - Two minutes and a half, or thereabouts.

Did you speak to him at all? - No, I did not.

It was a cloudy morning. - Rather cloudy Sir, it mizled with rain.

How long afterwards was it that you saw the prisoner again? - On the Monday week.

Where did you see him then? - At Mr. Wilmot's office.

Did you know him immediately? - I knew him the moment I saw him, there were a great many people there, and I picked out the prisoner immediately.

Could you in seeing a man, that you had never seen before, for about two minutes or a little more in a cloudy morning about three o'clock, observe his features so as to know him a week after? - I am sure he is the same person.

What opportunity had you to observe him? - I was quite close to him.

You have no doubt but he is the same person? - I am sure he is the same person.

Prisoner's Counsel. Which side of the cart was you on do you say? - I was the near side of the cart; I was behind the cart when I saw the prisoner.

You did not speak to the prisoner? - No.

Nor he to you? - Not to my knowledge, there was a man spoke, but who it was I cannot tell.

Was any thing over the cart? - No Sir, the cart was quite open above.

Was the prisoner, as you say he is the person, was his face towards you, or only half his face? - He laid on his back, I had a full view of his face.

What conversation passed between you and the officers in Bow-street respecting the prisoner, before you went there? - They asked me if I was sure of the man.

Did they describe the person of the prisoner to you? - No Sir, they did not, I described the person to them.

What was the person you saw in the cart dressed in? - In a kind of great coat, the colour of that gentleman's coat.

You have seen many a man dressed in the stile the prisoner was in? - Yes.

Can you recollect so well, that you can

take upon you to say he is the man? - I really think he is the man.

But you are not positive? - I am pretty positive.

PRISONER's DEFENCE.

My Lord, and gentlemen of the Jury, I was at Birmingham that very evening, and I was on the road all the night this robbery was laid to my charge; I subpoened the landlord of the house, and the coachman; but they say, they will not say any thing without I pay them five guineas a piece: please to hear me another word; Mr. Wilmot's clerk went to the men, and desired them not to say a word till I paid them the money.

The prisoner's witnesses examined separate, by order of the court.

JOSEPH ORTON sworn.

Court. You keep the White Swan, at Washwood-Heath, near Birmingham? - Yes.

Which side of Birmingham does that lay on? - On the London road, between Birmingham and Cole's-Hill.

Where was you on the 28th of September last, in the evening? - At home.

Court. What reason have you for remembering any thing about the 28th of September, about that particular evening? - I was lame with the rheumatism, and I was at home the same day; I was taken very ill with the rheumatism on the Thursday night, I was confined till Monday.

What day of the week was the 28th? - On the Saturday.

Prisoner's counsel. Was the prisoner Mutton at your house on that evening? - I did not know his name, but I knew him when I saw him again.

Was the prisoner at the bar at your house that evening? - I know him him very well; he dined at my house on Saturday along with me, and supped in the evening: he dined with me on Friday and Saturday.

What time did he leave your house, and in what manner? - On Saturday evening, between seven and eight.

Was you present? - Yes; he went from my house in the London coach, that drives from the King's Head; I saw him get in and wished him a good evening.

Court. How soon afterwards did you see this man? - Never till I came to London.

When was that? - I came on Tuesday night.

What brought you up to London? - I was subpoened on the prisoner's behalf.

Who subpoened you? - I do not know the man's name.

How came you to be subpoened? - I cannot tell that, I did not know any thing of the matter, till the man came into the house and subpoened me to appear.

What did he say to you, when he came to you? - He asked me how I did, and asked me to take or send a glass of gin to the coachman and guard that were on the coach; and told me he had a letter for me, he asked me whether my name was John or Joseph; he said here is a subpoena for you and a shilling.

Did not you ask him what the subpoena was for? - He said if you will look at the subpoena you will see.

Did you ask him how he came to subpoena you? - He was not in the house five minutes.

Have you got the subpoena? - No, I have not, I gave it to one Mr. Lawyer Lowe, and he wrote a letter to his agent in London, to know whether there was any such a man as John Mutton ; for I did not know that there was such a man as John Mutton by name.

How came the people to subpoena you, or to think that you knew any thing of the matter? - I cannot tell.

When did you go to look at this man? - I saw him to day through the bar, just now as I came.

Did not you see him before to-day? - Yes Sir, I saw him on Tuesday night; I went to Newgate, I knew him then very well by sight.

Did you say so? - Yes.

Had you had much conversation with this

that dined at your house on those two days? - No, Sir.

Had you had any conversation at all with him? - I sat down to dine with him on Saturday.

How did he come to your house on Friday? - I believe on foot, he asked me what I had for dinner, and I told him.

JOHN STATUM sworn.

Prisoner's counsel. What are you? - A coachman; I drive the Birmingham coach.

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

Do you recollect taking him up any where? - Yes; I took him up at the sign of the Swan, on Saturday evening, about half after seven.

What induces you to recollect that day? He paid for the fare, going down to Birmingham.

Did he go inside, or outside? - Outside.

How far did you carry him? - As far as Coventry.

Where did you set him down? - At the White Bear.

What o'clock might that be? - About eleven.

You are sure the prisoner is the person? - I am very sure of it.

Was he outside of the coach all way? - I put him in about six miles, because it was a little wet.

Did you consider him as an outside passenger? - Yes.

Are you sure that is the man? - I am very sure that is the man.

Had you any conversation with him on the coach-box? - No, Sir.

Court. What Saturday was it? - The 28th of September.

How come you to remember that particular day? - By taking the money for the place.

Do you drive the coach every day? - Yes, every day between Coventry and Birmingham.

Do you remember the passengers that you brought on the Friday, the day before? - No, Sir.

Do you remember any of the passengers that you brought that day? - No, Sir; I cannot say I do.

Do you remember any of the passengers that you carried on the Monday? - No, Sir.

Then how came you to remember this particular man, on this particular day? - Because of his giving me the money on the road.

Did not the other passengers? - No.

Prisoner's counsel. You took him up not at the inn, but on the road? - Yes, Sir; at Mr. Orton's house; I recollect him because he paid his fare, when I was going to Birmingham, not for me to forget him at night, that is the reason I particularly recollect him.

Did you know him at all before? - Never before.

How came you here? - I came in a coach.

What brought you here? - I was subpoened.

When? - On Sunday last, at Coventry.

You did not know this man, or his name, or any thing about him before that time? - No, Sir.

When you came up to town, where did you go to? - To the Swan with Two Necks.

Did you go to look at this man any where? - Yes, Sir; in Newgate.

When? - On that night.

What night was it? - Tuesday night.

Did you know him again? - Yes, Sir.

Did you come up with Mr. Orton? - Yes, Sir.

Did you go together to Newgate? - Yes, Sir.

Who was present when you went to see this man in Newgate? - One of the keepers.

Was any body else with you? - There was Mr. Wilson that keeps the Swan with Two Necks, in Lad-lane.

DANIEL STRINGER sworn.

Prisoner's counsel. You drove the coach? - Yes.

Where from and to? - Between Coventry and Stoney-Stratford.

Do you remember at any time taking the prisoner at the bar into your coach, or out of your coach? - Yes.

Where did you at any time carry the prisoner, from whence and to where? - The 28th of September John Statum brought him to me to Coventry, and I drove him to Stoney-Stratford.

What time did you take him up at Coventry? - Between ten and eleven; it is the same coach, we change coachmen there; I set him down at Stoney-Stratford, about six on the Sunday morning.

Did you drink with him at all on the way? - I do not know that I did, but he gave me a glass of brandy at Stoney, and 2 s. for driving him.

You are sure that is the man? - Yes.

And you set him down at six o'clock in the morning? - Yes.

Court. When did you come to town? - On Tuesday, we all three came together.

Did you go with them to Newgate, to look at the prisoner? - Yes, the same evening.

Did you know him immediately? - Yes, I did know him.

WILLIAM SHEPHERD one of the Keepers of Newgate, sworn.

Court. You were present when these men came to look at the prisoner in Newgate? - Yes.

Relate as near as you can what conversation passed? - I did not hear any, I let them in.

Was any body present? - Not that I know.

Do you recollect any body? - There might be other prisoners; I let in three men.

Do you know Mr. Wilson, the master of the Swan with Two Necks, in Lad-lane, was he with them? - I cannot be certain.

PRISONER's DEFENCE.

It was only the 7th day of this month that I was committed; they could not forget me: the coach was not full, which made their memory the stronger.

NOT GUILTY .

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

Reference Number: t17821016-5

616. MICHAEL RANTON was indicted for feloniously assaulting Lachlan Mackintosh on the king's highway on the 3d. of October last, and putting him in fear and danger of his life, and taking from his person and against his will, one watch, the inside and outside cases made of gold, value 10 l. two base metal seals, value 6 d. two pieces of gold coin of this realm called half guineas, value 21 s. and eleven shillings in monies numbered, his goods and monies .

LACHLAN MACKINTOSH sworn.

I am a gentleman , I live in John-street near Fitzroy Chapel: on Thursday the 3d of this month I was robbed at half after ten in the evening in Charlotte-street Rathbone-place : I was going home from a Coffee-house in Newman-street, I was on foot and alone; two men came up behind me with a quick pace and hemmed me in between the rails and door of No. 71, in that street, I asked them what they wanted, they said, your watch and your money; I seemed to hesitate, and they swore and threatened if I did not deliver it immediately they would use me very ill; I told them to behave handsome and they should have some money, I put my hand in my pocket, and gave one of them, I do not know which, all the money that was in that pocket; they did not seem satisfied with that, they said I must have more, they put their hands upon my left-hand pockets, and one of them said, yes, here is more and we must have it; they saved me the trouble of giving them that; they put their own hands in and pulled it out, after which they said they must have my watch, I made some little hesitation about giving the watch, but they threatened very

hard that they would use me very ill, and so I let them have it; one of them put his hand in my fob and took it out; just as they were in the act of doing this, a man came round the corner of Tottenham-street, on seeing him they immediately run off; and without saying any thing to me, except, all is not right, he pursued them and cried out watch, they run down a street by Pitt-street, I lost sight of them running into Pitt-street very soon, but the man that came past, and the watchman, and others followed them, and I followed them as fast as I could, but I was a little lame: in Goodge-street afterwards I met a crowd, and they told me they had catched one of the men, and I went to the watch-house and immediately recognized the figure, and the cloaths of one of the men, his face I could not swear to, it was too dark for that; the next morning I attended the Rotation office in Litchfield-street, and he was committed: I afterwards found the watch, it is in my possession; I found the watch in the hands of Mr. Fletcher at the magistrate's.

Do you recollect whether the persons that robbed you had any weapons? - They had a case-knife, a common table knife, I did not see any other; I think the prisoner at the bar is the man that had the case-knife, but I am not positive.

Court. You will excuse me asking you Sir, whether you was perfectly sober? - As sober as ever I was in my life.

How much money did you lose? - Two half guineas I think in gold, and about ten or eleven shillings in silver; all that was in both my pockets.

Prisoner's counsel. It was so dark you could not take any notice of his figure and face? - No Sir.

I suppose there was a hat flapped? - Yes.

This did not last many minutes? - Not half a minute.

Your observation could not be very accurate as to the dress? - The dress I was very sure of.

Court. Had the prisoner when he was taken any hat on? - I think he had a round hat on, or a slouched one.

WILLIAM HINTON sworn.

I was standing at Mr. Haythorn's, the corner of Goodge-street, the sign of the Talbot, I heard a hallooing out, Stop thief! I pursued him over into these gardens; I went out of the tap-room door as he crossed the road, he run up the gardens; there was no person besides this man, the prisoner at the bar, he was going to run into another gateway, and he overshot his turning, there was no thoroughfare where he run up; there was nobody else before me, that place was Coye's Gardens; I pursued him up to the top of the gardens, he turned about and said he would shoot me, and then I withdrew a little back; I followed him again, and he turned about again and said he would shoot me; I saw his hands drop, and I laid hold of his arms and pinioned him, and secured him, that was the prisoner.

Was he ever out of your sight? - Never.

Where was he when you first saw him? - Crossing the road, running right across from the Talbot.

Prisoner's counsel. Was any thing found on him that night? - No, but he went the next day and shewed where he had thrown the watch of the gentleman's, and we found it, I saw him at the office in the morning and I came away after I saw him, when he went in custody with two officers to shew where the watch was meant to be thrown, they found it, he carried them to No. 2 in Coye's Gardens; the watch was found in the house in a gentleman's pocket.

What was that gentleman? - A dancing master I think.

What was his name? - I do not know indeed, the runner took it out.

Do you know how it came into that gentleman's pocket? - No, I do not indeed.

Did that gentleman go back to the justices? - Yes Sir, he went and delivered it to the justice.

Who was the justice? - I cannot say indeed.

So the watch was delivered up to the runners, was it? - Yes Sir.

STEPHEN BERRAGHAN sworn.

I am a watchman, I was within fifteen yards of No. 71, Charlotte-street, I came as soon as I could, these two men were coming within a yard of me, they came from the gentleman; they did not pass me, I did not let them; they crossed Charlotte-street into Pitt-street, and one of them blamed the other because he did not cut the gentleman's throat; if he had cut the gentleman's throat he said he could not have called watch; I cannot say what answer the other made, but he grumbled; and as we pursued them up Pitt-street, we heard something drop out of their hands, we thought it was a pistol or a watch; he turned to the right to John-street, and when he came to Goodge-street he turned to the right again into Coye's Gardens; there he was taken.

Court. The two men that you saw, how far had you them in your eye? - One of them when he came to John-street, the prisoner at the bar turned to the right, and the other to the left; we followed the man that turned to the right, we thought he was coming into the body of the watchmen and the other was going into the fields, and we thought we should loose them; I kept my eye on him, but I lost sight of him for three minutes till he came into Coye's Gardens, I am quite sure, I kept him in my eye till he got into Coye's Gardens.

Did you see Hinton that night? - Yes.

Was the man that Hinton was running after, the same man that you was running after? - Yes Sir.

Did you take notice of the men as they came up to you? - Yes Sir, I took very particular notice. I knew very well the appearance of the prisoner; the prisoner is the very man that the gentleman called watch to; we brought him down to the middle of Pitt-street; we delivered him up to the other watchmen; and in the very place that the other witness remarked that we heard something fall, we found a large table-knife.

You did not see any thing fall? - No Sir, only heard it, I cannot tell which of the men it was.

Do you know any thing of the finding the watch? - No.

Prisoner's counsel. When you first heard the cry of Stop thief, the gentleman was at some distance from you? - About fifteen yards.

At that time the men were running away? - They were running to me, they came within two yards of me, and kept running on.

What time had you to make any observations on the persons of these men, who were running towards you, and passed as fast as they could? - They did not know, you see, that a watchman was before them.

No, but you told my Lord just now, that you had an opportunity of taking notice of their persons? - Yes.

Was it light that night? - Yes, moonlight.

Did you hear what the gentleman said just now, that it was so dark, he could not observe their faces? - He was frightened.

You did not offer to strike them with your stick? - No, my stick is not a yard long.

You did not see them for a moment? - I lost sight of them for three minutes when they came into Coye's Gardens.

Do you mean to swear that you never lost sight of them before they came into Coye's Gardens? - No Sir.

I thought you was so lame, you could not run fast, just now? - I was not lame; I am not lame, I followed them as fast as I could.

Did you see any pistols? - I saw none.

Court. Is there any evidence of this watch being found; here has been a talk of the finding this watch at a house to which the prisoner carried it; I expect some account of this: who is the committing justice?

Prosecutor. My Lord, I had my watch from Mr. Fletcher, at the Rotation Office, in Litchfield-street; he is not here.

Court. How came he by it? - I do not know.

GEORGE HAMP sworn.

On the 3d of this month I was coming home, I saw the prisoner at the bar and another man, at Mr. Mackintosh's pockets, searching them, I was within three yards of them; I was in Charlotte-street, on the right-hand side coming out of Tottenham-street, about a dozen yards from the corner: I staid about a minute, thinking what they was a-doing; I believe they did not observe me, I was in black. I took particular notice of the prisoner, he was next to me; they turned from me after they had rifled his pockets, and crossed Charlotte-street into Pitt-street: I did not stop to ask Mr. Mackintosh any questions, but I believe he said, I am robbed. A little way down Pitt-street they made a little stop, and I thought they were going to turn on me, but they flung away a knife; I pursued one to the end of Pitt-street, one turned one way, and the other, the other: the prisoner turned to the right, and I was close to him. I called out, Stop thief! and when he got to John-street, as far as Goodge-street, he turned round to the left, and crossed Goodge-street: at Haythorn's corner, this man came up to my assistance, he was before that man; he ran up Coye's Gardens, which is no thoroughfare; there we took him and brought him back, at the end of Coye's Gardens. This man and I, and I believe, a person that lives at the end of the Gardens, came out, we met this watchman and some others; I told them to take him to the watch-house, and I said we will go to Pitt-street; and at the very spot where I saw him fling something away, we found a knife, which I believe is in court, a case knife, what a person dines with; it was the prisoner that flung down the knife, I never had my eyes off him, not a second, till Hinton got before me. The prisoner shewed them where the watch was.

Prisoner's counsel. You was nearer this man, than the watchman? - Yes, I was close to the prisoner; I did not see Berreghan till after the prisoner was taken.

How far was the watchman from the man? - I never saw the watchman.

How far was it off where you took the prisoner? - I suppose about one hundred yards.

Court. Did you see Berreghan there at all? - Not till I got into Tottenham-court Road, out of Coye's Gardens, which faces Goodge-street.

PRISONER.

I leave my defence to my counsel.

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

GUILTY , ( Death ).

He was humbly recommended to mercy by the Jury and prosecutor.

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

Reference Number: t17821016-6

617. ELIZABETH LEWIS was indicted for feloniously stealing on the 23d of September last, one opera glass, value 2 s. 6 d. two linen handkerchiefs, value 1 s. 6 d. a clasp knife, value 2 d. and one half-crown piece, value 2 s. 6 d. the goods and chattles of William Widdell , privily from his person .

WILLIAM WIDDELL sworn.

I went one night to spend the evening, and I staid above my hour, it was past eleven o'clock, on Saturday evening, three weeks last Saturday. I spent my evening at Cloth-Fair, I staid till about twelve o'clock, or near it; I could not get home, I could not get in, I lodge in St. Martin's le Grand; I went to a house to spend the night, where I was to stay with this woman; I met with her in the street: I went to a public house in White-cross-street , I sat down and had a pint of beer with her; I got rather sleepy, and desired her to sit next me, to take care of me, while I was asleep.

Were you drunk or sober? - I cannot say that I was quite sober; and after I had sat down to sleep, I do not know how long I was asleep, but I was awaked, and alarmed, and a gentleman shewed me some things which belonged to me, he asked me if that was my property; and he said I was robbed of it. I demanded it, but he said he could not give it to me unless I did appear before a justice, which I was obliged to do, to get my things again. I cannot say any thing against the woman, she did not behave indecent to me; nor can I say that she took them from me: the man was a Peace Officer.

- WYER sworn.

I am a headborough belonging to St. Luke's; on the 22d of September I came into the White Swan in White-cross-street, and going into the parlour, a person said come into the tap-room here is a woman robbing a man, the man was asleep, the woman's hand was round him taking his handkerchief which was wrapped round his hand, he had a lame hand; I saw her take the handkerchief and a clasp knife: I found the opera glass in her bosom, and a half crown piece.

Court. Were not there a number of other people in the tap-room? - I dare say there were thirty, he was in a corner and she sat by him close, there was another woman but she went off. (The handkerchief and opera glass produced and deposed to by the prosecutor.) The half crown piece I cannot swear to.

Court. Did you miss any money? - Yes, I cannot be sure to say how much; I know I had a half crown piece in my pocket, and some money.

Was that half crown gone out of your pocket? - Yes.

Did you give this woman any of those things that were found on her? - I gave her victuals and drink, but nothing else.

To Wyer. What did she say for herself? - She behaved as most of these lewd women do, rather impertinent with her tongue, but she was in liquor then, but she did not behave so the next day before the magistrate.

WILLIAM FERGUSON sworn.

I was drinking in the house in the back-room; I went into the tap-room, and I saw the prisoner with her right hand in the prosecutor's breeches pocket and take out some money, she gave some of the money to a woman that was sitting by her, then she took a pen knife out of one of his pockets, that she put in her bosom; the next thing she took, was a spying glass from one of his pockets, and she handed it to a man in company and he looked through it and returned it to her, and she put it in her bosom; the next thing was a handkerchief she took from somewhere under the table, from where I cannot say; the next thing was a handkerchief from his coat pocket.

Court. She did all this openly, and made no secret of it? - None at all my Lord.

What did she say? - She said nothing.

Court. She shewed the glass to a man in company? - Yes.

What, and did this openly? - Yes, there was five or six in the same box, but some of them made their disappearance.

Jury. Was she sober? - I do not think she was.

Did you speak to her yourself? - No.

PRISONER.

I was in company with the prosecutor, he desired me to sit and take care of him, I took the things out of his pocket, finding myself rather sleepy, for fear any body should take them; I made no secret of them at all: there were several people by.

NOT GUILTY .

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

Reference Number: t17821016-7

617. JAMES NORTON was indicted for feloniously stealing on the 22d of September last, eight pieces of gold coin of this realm, called guineas, value 8 l. 8 s. the monies of Richard Trigg , in his dwelling house .

RICHARD TRIGG sworn.

The prisoner lodged with me, he paid my wife some rent, and pulled out some money more than she thought he could come by honestly; she said that boy has been robbing some body; I hope it is not our money. I went up stairs and looked in my box, which was hid in my bed-chamber, at the head of my bed; there were half-guineas and guineas, to the amount of twenty-two guineas.

Court. When had you counted the money in it before? - About eight days before, I missed it on the 22d of September, about one o'clock.

Was the box locked? - No.

Where was it hid? - it was up behind the bed in a corner.

Who knew where that box was hid? - Nobody but my wife. The prisoner did not come home all night, the next morning I apprehended him at his master's shop; he owned he had robbed me, and that he had given a man a guinea, and eleven half-crowns; he said he took it, but not quite so much, he would not say the exact sum; I did not ask him where he took it from; he said he took it from me, he owned to about six guineas and an half.

Court. What did you say to him to induce him to tell you this? - I charged him with it, and he said he did take it, and he hoped I would forgive him. I told him I must have him before a magistrate; I made him no promise at all: I apprehend he went in the day time, as my wife is hard of hearing, and searched the room. He did not tell me how he took it.

THOMAS NICHOLLS sworn.

The lad came to me for a watch on the 18th of September, I am a watch-maker; I had never a one by me that would do for him; I told him I would get him one in a few days, and he deposited the money in my hands, two guineas and a half.

Did not you wonder how the lad came by two guineas and a half? - No Sir, I knew where he worked.

PRISONER.

I was sent for a marine and I was not accepted of; then they took me up again, my Lord.

The boy's master gave him a good character; and said that Trigg's wife fetched a halter downstairs, and told the boy he would be hanged if he did not confess. Trigg said he did not remember any such thing.

GUILTY. 10 d .

To be publickly whipped , and confined six months in the house of correction .

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

Reference Number: t17821016-8

619. FRANCIS MANNING was indicted for feloniously stealing on the 7th of July last, two brass locks, value 7 s. five iron locks, value 8 s. a steel clock spring, value 2 s. nine pieces of brass, value 2 s. a part of an engine for cutting watch caps, value 20 s. the property of Jesse Horwood .

JESSE HORWOOD sworn.

On the 7th of July on Sunday morning about six o'clock, I took the prisoner with something which will be produced on his back; the prisoner lodged at my house about two days, the prisoner was coming down stairs with his knapsack full of things, he is a soldier ; there were two together, one of them went first, which was discharged here last sessions; I insisted that the prisoner had some of my things, I presented a blunderbuss to him and he tried to take it out of my hand, and we had a great struggle, and I cried out thieves and robbers and people came in to my assistance, I stopped him and sent to Bow-street, and they sent down a constable and searched the house immediately, in the knapsack I found many useful things which were all mine; the things mentioned in the indictment were sold at Westminster at Mr. Franklin's, who keeps an old iron shop: the

prisoner would not confess any thing; by the other man's directions I found the things.

CHARLES FRANKLIN sworn.

The things in the knapsack were found in my house; two men came on Saturday the 17th of some month, I cannot charge my memory; one of the men seemed to be like a soldier, I know the man that was tried before, the prisoner is the other man, he is greatly altered, but that is the man; I came in while they were selling something to my man, my man bid him 5 s. for them, I offered them 5 s. 9 d. one said I will be damned if you shall have them, then they returned and sold them for 5 s. 9 d. they consist of old iron, and brass and locks, and several things.

Court. Tell particularly what they are. - Here are the things mentioned in the indictment, the brass locks and iron locks, here is a part of the engine.

Court to Horwood. What may these things be worth? - They may be worth 30 s. they are all mine.

Court to Franklin. These men appeared like soldiers? - One of them had coloured cloaths on.

They were both strangers to you? - Yes.

How came you to buy a variety of articles of these strangers worth 30 s. for 5 s. 9 d.? - To me, to sell again, they are not worth the money: I deal in all sorts of metal.

Court. And with all sorts of people.

Jury. I would give him 5 s. for one of the locks.

Court. If you had stood at that bar, indicted for receiving these goods, on this evidence, that jury I have no doubt would have convicted you; I advise you to be more careful for the future: receivers make thieves.

THOMAS SHIRLEY sworn.

I had a search warrant from Sir Sampson Wright, and found these things.

PRISONER.

The other man lodged in the house before I came; I was below cleaning my cloaths for duty, I went into the room and he had these things in his knapsack, he bid me bring one, and he took the other, we went to Mr. Franklin's and sold the things: and on the Sunday morning this gentleman clapped a blunderbuss to my breast and stopped me, I laid down the knapsack, and he promised not to hurt us if we told him where the property was, and we did: there is nobody to my character.

GUILTY .

Transportation for seven years .

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

Reference Number: t17821016-9

620. THOMAS PHILLIPS and CHARLES COWEN were indicted for feloniously stealing on the 26th of September last, five pieces of linen, value 5 l. 10 s. one piece of printed linen, containing twenty-eight yards, value 3 l. and two pieces of printed cotton, value 5 l. the property of Arthur Rock .

ARTHUR ROCK sworn.

I was in the country when the things were lost.

JOHN CHANDLES sworn.

I am porter to the Cranfield wagon belonging to Arthur Rock at the Cross Keys; I go with it in and out; I was in the Back Road, Islington , it was last Thursday fortnight, I always go with it as far as Holloway; I turned back for a truss of hay that was left behind at the inn, and I saw two chaps going after the waggon, I went a little farther, and saw one in the waggon throw out a piece of cloth, and the other man endeavouring to catch it, but they missed, it being heavy, he stooped for it, and I hollowed, and they ran away, we took the man that was in the waggon, and one of the others; he jumped out, and was taken in Islington; I followed them into Islington as fast as I could, and the y were taken.

Did you keep sight of them all the way? - Yes; it was about two in the afternoon, that gentleman in the red waistcoat was one, his name is Charles Cowen . The other attempted to pick up the piece, it was a piece of linen cloth, we have it here, it has been in the possession of the book-keeper ever since; the justice gave it to the book-keeper.

What became of it when you run after the men? - The waggoner is here; I put it in the waggon myself; I can swear to the piece of cloth, it lay in the road when I came back again; I was gone after the men about ten minutes.

And the piece still lay in the road when you came back? - Yes.

Are you sure of that? - Yes.

Who lifted it? - The waggoner.

You saw him lift it? - Yes.

Was that piece that was given to Murrel at the justices the same piece that lay on the ground? - Yes.

When was it delivered to the book-keeper? - At the day.

Then it was in Murrel's keeping all that time? - Yes.

And he is not here? - No.

Where does he live? - At the Windmill in Saint John-street.

Why did he not come here? - I do not know; I marked it at the justice's with a cross, and the mark was the same when Murrel gave to the book-keeper?

JAMES ROCK sworn.

(Produces the piece of linen which has the mark that Chandler put on it.)

It is marked J. Porter, Wooburn; I have an account of it in my book, I had no account of the contents at the time, I had that since.

(The parcel opened, containing the things mentioned in the indictment.)

PRISONER COWEN's DEFENCE.

I know nothing of the other prisoner; I am a Jew, and I travel with a box; I had been at Barnet, I was very tired, so I got up behind this waggon, and I fell down, and this fell down right on the top of me.

PRISONER PHILLIPS's DEFENCE.

I saw it lay in the road, and I saw this man and a great many more cry, Stop thief! and I run with the rest; I have no witnesses, I did not think I should have been tried tonight.

Court. Did Phillips stoop for this parcel? - Yes.

He was never out of your sight? - Never, Sir.

PHILLIPS GUILTY .

COWEN GUILTY .

Transportation for seven years .

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

Reference Number: t17821016-10

621. JAMES DAVIS was indicted for burglariously breaking and entering the house of Thomas Racquett at two in the night, on the 3d of October last, and stealing twenty-one yards and a half of livery red cloth, value 10 l. eighteen yards of silk and silver embroidered straps, value 10 l. one yards of silver figured lace, value 10 s. five yards of silk and gold striped lace, value 5 l. sixty-five yards of black velvetteen, value 20 l. fourteen yards of brown velveret, value 7 l. thirty-one yards of gilt chain, value 13 l. eight yards of silk cord, value 3 l. twenty-six yards of silk and cotton, value 9 l. eighteen yards of silk and silver stuffs, value 15 l. and eighteen yards of corded tabby, value 18 l. the goods of the said Thomas Racquett .

THOMAS RACQUET sworn.

I live in King-street, Covent-garden , I am a taylor ; on Thursday, the 3d of October, my man told me that my house was broke open; going into the warehouse where the goods are, I found that the street door had been opened in the night, and that three other doors had been broke open, and that I had lost a considerable number of goods. I missed a great number which I had seen the day before there under lock and key; several quantities of silks, of Manchester velvets, and some gold and silver stuffs for waistcoats;

I do not recollect the livery cloth; the black striped velveret I saw the day before; the quantities are wrote down; my clerk has the care of the warehouse; the silk and embroidered straps I do not recollect; the brown sattinet I recollect, but not the quantity, I recollect seeing the buff the day before, the silk chain tabby I saw the day before, the black velveteen was an article that was in wrappers just sent from Manchester, the silk cord I saw the day before, the figured silk and cotton I do not recollect, the silk and silver stuffs I know very particularly, they were rolled up on boards, but I do not know the quantity; some corded silk I recollect the day before; the whole is found again, it will be produced in court; they had been trying at particular parts for the bolts by a little chissel, my door had a very strong double look, it was not bolted, because one of my principal men used to let himself in, that led up to the shop.

In what state was it when you saw it? - It appeared to have been broke open by a picklock-key found in the apartment of the prisoner; that was the front door, the other three doors were all burst open; one was a glass door, they had broke the glass, and burst the door, I know nothing of the prisoner.

(The property produced and deposed to by the prosecutor as follows.)

The first article, livery red cloth, I do not know; the striped velveret I know exceeding well, there is no mark on it, we keep them under lock and key, and cut them off as we want them; the silk and silver embroidered straps, they are for officers, I know them very well to be my property; the silver figured lace, silk and gold striped lace, both these I know perfectly well; then there is some brown sattinet that I know; buff velveret, that I know very well; sixty-five yards and a half of black velveteen, I do not know them so well; eight yards of silk cord I know perfectly well, I saw it the day before; the figured silk and cotton I know very well; the corded tabbies I know.

Court. What value in general might all these things be? - They are valued, my lord, in the bill of indictment at about 110 l. my clerk put a value upon them.

JOHN THOMPSON sworn.

I know the livery red cloth, it belongs to Mr. Racquet, it was in the warehouse the night before the robbery; I remember the black velveteen, it was in the warehouse over night; I know nothing of the fastening the outer door over night.

THOMAS WRIGHT sworn.

I live with Mr. Racquett, I take care of the fastenings of the fore door every evening, it was fastened up the night before the robbery, I took particular notice of it; it was double locked, and I pushed against it to see if it was firm, and it was very fast; I fastened it about ten minutes past seven; it is the door that leads to the shop and the house both.

Court. Was nobody out after that? - No person could come out that way after, I had the key in my possession all night; and I always used to go in of a morning at six.

Was Mr. Racquett out of town, or the family? - He lay in town that evening.

At his house? - Yes.

Did you let him in? - This is a back way that leads to the shop, there are other doors that lead to the house in King-street.

Did you fasten them? - No my Lord.

Who fastens them? - The servants.

Are any of them here? - None of them.

Prosecutor. My Lord, this is a distinct house that joins the other by a wall at the bottom of a little garden, it is a distinct place where the business of the shop is carried on, and where the warehouse is, it is a small distance from the house that I live in.

Court. But it belongs to the house, a part of the house and is a part of the dwelling house? - It is rather a dwelling house of itself.

Who lays in it? - Nobody sleeps in it.

Is it detached entirely from your house? - Yes my Lord, at a small distance, by a

little garden that leads from one to the other.

But is it intirely detached? - Intirely.

Does it join to the wall of your house? - Yes, there is a wall on each side, I have a door from one house to the other, there is a door that leads into it both before and behind.

Is there a communication between your house and this dwelling house? - Yes, I go into a door and go along my own garden.

Then there is a door goes into the back part of this house? - It is all on the same premises.

You have a communication from your house going through your garden to this place? - Yes my Lord I have.

And you look upon it as the back part of your house? - Yes.

But where were these other doors that were broke open? - They were up one pair of stairs, two were up one pair of stairs, and the other is a large work-shop; one opens into a cutting room for a foreman, the other into this warehouse where these goods were.

Then the door that he locks double, does not that lead to the warehouse? - Yes it does.

Court to Wright. What time did you get up in the morning? - At six o'clock, I lay out of the house in the same street, I found the door which I double locked the night before open; one of the men came to the door a few minutes before me, he thought I had opened it, he pushed it and it opened immediately.

When you observed it, could any body have got through that door unless it was opened by a key or picklock? - No my Lord, and in the lock I found a bit of a pick-lock key as I apprehend, (a bit of a pick-lock key shewn to the jury) and here is a key that was found, from which it was apprehended the bit was broke, (the key handed up.)

Did you try that key with the lock Mr. Wright? - I never had it in my possession; a person in court found it where the goods were, he brought the key and the piece has been tried to it; I know nothing more of the robbery than locking the door over night, and finding it unlocked the next morning.

VALLENCE TRUNE sworn.

I work for Mr. Racquett, I was the first that went to the door leading to the shop a few minutes after six, the door goes with a pully, I pushed it as usual, it let me in freely, I took no notice, I went up stairs.

Court. Was you the first in the shop? - Yes Sir, I took no notice of any thing, I went up stairs, and set down to my work, till Mr. Wright came up and asked me if I did not perceive the door broke open, and the shop robbed; I said I did not, and immediately run down stairs, and examined the lock, and found the marks of some instrument, with which they had been attempting to break the door open in two places.

Court to Wright. You say no other person was in the house? - I let in two or three with me; there were marks of violence on the door case on the outward door, where the first lock was picked: I did not see the bit found in the lock, I know nothing of the finding of the goods, I went into the warehouse, and saw it had been robbed.

WILLIAM JONES sworn.

I was coming up Drury-lane on Thursday morning about three o'clock; I saw three people pass me, the first I did not take particular notice of, they all had bundles; I turned my head round and saw all of them go into a house; it struck me that they had broke some house open, I stood at the door for a minute, and heard a bustling on the stairs, I went to the watchman and told him I believed the men had broke open some house; we listened, and heard a bustling, the watchman touched the door, and it opened, a woman came to the door, and asked to have her candle lighted, while the watchman was talking with the woman, I turned my head, and saw a man clambering over the church-yard gates, in Drury-lane, I saw him drop; the watchman rung his rattle, and the other watchman came, I told them one had escaped,

they searched and found the prisoner, they hunted about the churchyard, in about fifteen or twenty minutes afterwards, another man was seen clambering over the gates, the man fell all along, the watchman was not quick enough, the second man made his escape, and the prisoner was found in the house.

Court. What goods were found there? - When I was there, there was eleven or twelve pieces of silk, I saw them at the watch-house; I was not at the magistrate's, the first examination: I did not see them found; I am sure that is the man that was found, but I cannot swear that was the man that went into the house.

Did you take any notice of the men with the bundle? - I cannot say I did, they turned their faces from me.

You cannot tell whether the men that got away were the men that you saw with the bundles? - No, my Lord.

- MACMANUS sworn.

I am a watchman in Drury-lane, ; I was going down Drury-lane half past two, I saw three men walk down Drury-lane opposite to me on the other side, I saw these three men go into this house; Mr. Jones and the watchman called me, I went over; we heard a noise up stairs, I rapped with my staff, the door gave way, it was not locked or barred inside; there is a window that you might see into the burying-ground. I run out and rung my rattle, and went to the burying ground gate, I did not see the men get over; I came back again, and went up stairs into the dining-room, there was a little fire in the dining-room, and some knives and forks, and plates, and a glass of beer, about half full. I followed a foot up stairs into the front garret, there I found a young woman in this garret, set down on the side of the bed, I gave her in charge. Then I came to the two pair of stairs back room, and there was a bed; the door was fast, I burst it open, and there was fifteen pieces of silk, and two pieces of velvet; I carried them to St. Martin's watch-house. The time I was up stairs, the prisoner at the bar was not taken, I do not know where he was taken: I did not see any of the men escape.

ROBERT DENNIS sworn.

I am a watchman; about half past two, as I was crying the hour in Drury-lane, three men passed me, two of them seemed to be very merry talking to the third, who was a little behind, I did not take any great particular notice of them, I said you are very merry gentlemen, I wish you would give me some cloaths, you have more than I have, you seem to have cloth enough; the prisoner at the bar had a great load on his left arm, part of it hanging over his left arm, which caused his head to turn full in my face; they made me no answer.

The Remainder of this Trial in the Second Part which will be published on Saturday.

Reference Number: t17821016-10

HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.

TRIALS, &c. taken with great Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.

N. B. SHORT-HAND taught on an improved Plan.

Reference Number: t17821016-10

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 16th of OCTOBER, 1782, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Hon. Sir William Plomer , Knt. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER VIII. PART II.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXII

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of James Davis .

Did you take such particular notice of the prisoner as to know him again? - Yes, my Lord, he could but just pass me: I took particular notice of him, as he was obliged to turn his face quite close to me; he was near to the house, and the other men walked near to the street; I had no thoughts of any thievery. I thought presently there must be something wrong, and I turned round and followed them to the burying-ground.

Are you sure that the prisoner is that man? - The prisoner is the man that went by with the bundle, but where he went I do not know, because I went one way and they the other, then I turned back, and thought I was wrong that I did not stop them; I went as far as the burying-ground, I thought nothing further of it. I stopt about a minute, somebody called me, it was Mr. Jones, who told me three men were gone along with bales of cloth, and they ought to be apprehended; I said they had just passed me; the other watchman he hits at the door, and we went in; I went into the house with Macmanus. In the first pair of stairs, the sash was thrown open, and somebody had made their escape; somebody was on the stairs, but in the dark we could not see who they were; the stairs is in the middle of the passage; they went up stairs, I cannot say how many there were. We came back again, and rung a rattle for assistance; I found nobody as far as I went. When we went up the stairs the second time, we found a woman in the top garret, finding the back door fast, I said here is a door fast, somebody made answer, but who it was, I cannot say, You must not break it open without a constable. Upon the leads of the privy there were two bags found. (Produced.) Then I came into the burying-ground, I did not stay the breaking open of that door, one watchman had lost the light out of his lanthorn; he picked up two bags on the leads of the privy belonging to the house, they are here, I can swear to the bags; the man that picked them up is not here, he went over a party-wall, and another man with him, who stooped down off the privy, and said, here is one, which was the prisoner Davis, he was in the privy; and as soon as he was apprehended he jump'd over a wall nearly seven foot high, or between six and seven foot; he put his hands at top, and reached up, and went over it; there they seized him, Richardson seized him; I staid to secure him.

RICHARD RICHARDSON sworn.

I am a patroll belonging to St. Giles's the winter half year: I was standing in Drury-lane, between two and three, I heard the alarm of a rattle, I ran down as fast I could; my partner pulled off his coat, and took his cutlass, and got over into the burying-ground; I pulled the privy door to me, and this man was standing as upright as possible, that is the prisoner at the bar, he made some expression to me, and damned me, what did I want, and that it was very hard he could not to go to ease himself; he jumped out, and went over the the wall; I took him to the watch-house.

Court. Then he jumped over to you? - Yes, I am sure it was the prisoner at the bar, it was the yard of the house adjoining, not the yard belonging to the house.

HENRY BAMBRIDGE sworn.

I am constable of the night of Covent-Garden parish, I heard there had been some Woollen Draper's, or Taylor's, broke open, and that a man and woman were carried to St. Martin's round-house, from a butcher's shop, the man's name is Lock that keeps the house; I immediately went in and found the landlord there, and I told him that as the two parties were taken from his house, and taken to the watch-house, I must search his house; I searched every room: in the dining-room where the greatest part of this property was found, which I did not perceive at first, there was some black cloth, a coat, a waistcoat, and three pair of silk breeches laid over it; I concluded somebody had undressed them and laid these cloaths down. I asked Mr. Lock, the landlord, who lodged there? and he said, Miss Pritchard; there I found this suit of new mourning, three pair of silk breeches, five of these pieces of silk.

Mr. Racquet. My Lord, these cloaths were made for a particular nobleman; and when we came before Sir Sampson Wright, he very candidly gave them up to me, and I sent them home, they are my property.

Court to Bambridge. What did you find? - There was five pieces of silk of different colours, three rolls of fustian, a large piece of livery cloth, and five other pieces of silk, and the buff velvet, and the corded velvet, the yellow epaulet, a piece of embroidered lace, a narrow piece of embroidered silk and gold; I asked the butcher if he claimed, or knew any thing of these; he said he had nothing to do with the apartments, he let them to Miss Pritchard.

MOSES MORANT sworn.

On the morning the thieves were taken, I went to search the lodgings, and in a dark closet, in the same room where the property was found, I found these two crows, and a centre bit. (Produced.)

PRISONER's DEFENCE.

I am quite innocent. I did not know my trial would come on so soon.

NOT GUILTY .

Tried by the first Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17821016-11

622. FRANCIS GRAY was indicted for that he, not having the fear of God before his eyes, but being instigated by the devil on the 17th of May last in the king's highway, in and upon John Herd , feloniously and maliciously and of his malice aforethought did make an assault, and a certain pistol charged with gun-powder and divers leaden slugs, which he the said Francis Gray then and there had and held in his right hand, feloniously and wilfully and of his malice aforethought did shoot and discharge: and the said Francis Gray with the leaden slugs aforesaid, in and upon the face of the said John Herd , near the eyes of him the said John Herd , feloniously, forcibly, and wilfully, did strike, penetrate, and wound: the said Francis Gray thereby giving to the said John Herd , in and upon the face of the said John Herd , near the eyes of the said John Herd , one mortal wound of the depth of four inches, and of the breadth of four inches; of which said mortal wound he instantly died .

The counsel for the prosecution opened the case as follows.

Gentlemen of the jury, the prisoner Francis Gray stands indicted for the wilful murder of Mr. Herd. It is impossible for me to say anything to impress your minds with a greater abhorrence of the crime imputed to the prisoner, than what I am convinced you now feel; it is not my province either to aggravate the offence, or to say any thing to prejudice you against the prisoner. From the evidence that is to be laid before you, you are to judge of his guilt, I shall only therefore endeavour to narrate the circumstances of the case under the direction of the court, that your decision may be just; and I doubt not but you will by your verdict, do credit to yourselves, and justice to your country. Gentlemen, it is my duty to inform you, that the most material evidence against the prisoner is an accomplice; and though for the sake of publick justice it is necessary, that the evidence of an accomplice should on many occasions be taken, yet the character of an accomplice is held in law so infamous in itself, that without such evidence is corroborated by other circumstances, the testimony of such a man is insufficient to conviction. Gentlemen, it is necessary from the peculiarity of this case, that I should trespass a little on your time, more than I would wish, in opening it for your consideration; and I must inform you of one very singular circumstance, which is, that two persons, who from the evidence of this accomplice will appear to have been concerned as accessaries to this murder, were on the clearest conviction of their guilt last sessions, for robbing, and most cruelly treating the Rev. Mr. Bromley, made immediate examples of publick justice. Gentlemen, the case that I have to lay before you, or rather the outlines of that case are these. On Friday the 17th of May Mr. Herd, Mr. Best, and William Watson their servant, were returning from Old-street, No. 85, to Canonbury-Place; they met four men near the Shepherd and Shepherds at Islington , who after many severe oaths, and atrocious expressions demanded their money, threatening to blow their brains out; they made resistance, and Watson the servant twice attempted to fire, but his pistol flashed in the pan; there were several attempts to fire on the other side, only one pistol went off, at that time no mischief whatever was done, the gentlemen immediately attempted to make their escape; two of the robbers pursued Mr. Best and Mr. Herd, and two of them attacked the servant, one of them pushed the servant into the ditch, after they had severely cut him with their cutlasses; at the time that he fell into the ditch he heard the report of a pistol: Milbourne the accomplice staid with the servant, and the others ran to the place where the report of the pistol issued: sometime passed, and then the servant after being robbed got up, and as well as his wounds and bruises would permit him, crawled in the direction that Mr. Herd and Mr. Best had gone before, hoping he was the only sufferer; but to his great astonishment, after advancing a few paces, he found a dead body laying across the path, and as well as the light would permit him, he immediately recognized the features of Mr. Herd, who was quite dead, with the upper part of his head blown off! Gentlemen, it will appear to you from the evidence of Milbourne, that the prisoner was the man who actually fired that pistol; besides which, I am instructed to inform you, that the prisoner at the bar without any hopes of reward, or fear of punishment, has made a voluntary confession of the fact. Gentlemen, if the proofs which will be brought on the part of this prosecution shall have sufficient weight on your minds, so as to leave no doubt of the prisoner being the man that committed this murder, you will, in justice to your oaths and to your country, find him guilty.

WILLIAM MILBOURNE sworn.

Do you remember at any time and when, attacking any people near Islington? - Yes Sir.

Who was in your company? - The prisoner

at the bar Francis Gray , John Stunnell, and Joseph Caddie .

How many did you attack? - Four.

How did you proceed? - Gray was the first man who caught hold of one of them, and instantly desired them to stop, on which a scuffle ensued, and we all turned round to protect each other, and there were blows on each side, there was cutting with cutlasses; Stunnell had a cutlass, Caddie had a pistol, Gray had a pistol, and myself had a pistol, and I had a cutlass besides; the scuffle lasted for about two or three minutes, when I fired a pistol, in order to let the people we attacked know we had such things with us; immediately after I had fired, two or three of the people ran away.

Court. There were four at first? - Yes my Lord, one run intirely away which was a lad, and one did not run near so far as the other, Stunnell and Gray pursued on to overtake those that had run away, Caddie and me was with the servant, Caddie came first up to him and pushed him in the ditch, slightly shoved him; I staid with the servant, and Caddie went on after the rest; I took from the servant five, or six, or seven shillings, a bill of expences on the road, and a soldier's pass or something of that kind, which I afterwards destroyed; I had partly robbed the servant, and done every thing with him, when Caddie returned to me, and says high over here, meaning into the field; says he they have done him, I goes over into the field, and he immediately says, says he, I had scarce got up before Frank shot him; he said, says he, he is as dead as a stone, says he I saw him fall on his back, he neither stirred head nor foot, nor made the least motion; we went on together and we all met in the field and were asking what money there was, and that; Gray gave me all that he had, which was two or three guineas, I cannot exactly say the sum, and there was a gilt six-pence; I asked him for his buckles, he said he had no buckles, he had boots on, and we we went across the fields and went to Gray's house, where we shared the money; we said nothing further about it, but I went home that evening; we met the next day, and we did not seem to say any thing about it, but kept it quite silent and said no more about it.

You did not spend the evening together that night? - It was very late when it happened, it was about half an hour after eleven.

You all came back into London, did not you? - Yes.

Did any conversation at the time that you joined pass, respecting the murder? - None in the least, we thought whether it would not come to justice.

I mean when you met in the fields, for you told me that after Caddie came back to you, and said that Frank had done him, and he was as dead as a stone, after that you all four of you joined in the fields, did any conversation then pass respecting the murder? - No, I cannot say particularly there was, we were proceeding on as fast as we could to get to the place.

Prisoner's counsel. Gray was the first person was he, that made the attack? - Yes.

Were you and your accomplices all close together when the attack was made? - It is a narrow path, but we walked one after the other, the people were all in company; I was the last, I walked behind, Gray was the third.

Did the other two persons then go past any of the persons? - Yes.

And Gray made the first attack? - Yes.

On whom? - I cannot say.

But you was the first person that fired, was you? - Yes.

How far might the four be from you at the time you fired the pistol? - About five, or six, or seven yards.

Then you fired the first pistol that was fired, did you? - Yes.

Do you know particularly what direction you gave your pistol? - I did it merely to let them know we had such things with us.

But I suppose that in commissions or acts of this kind, you are not perfectly clear what you are about, are you? - I cannot say I was confused at all.

I am sorry to hear it: then you do not know what direction your pistol took, do you? - I know it went wide from the spot where the people were, for it was not my intention to hurt them, it was only done as a signal to let them know we had pistols.

Caddie returned to you? - Yes.

He made use of no expressions explanatory of what was done, but that Frank had done him, he did not say that Frank had shot him or any thing of that sort? - That means one among another, such people as us, it means killing him.

Do not you apply the word in general to the act of robbing them? - Yes.

Not particularly to the act of shooting, do you? - No.

WILLIAM WATSON sworn.

I believe you are servant to Captain Best? - Yes.

Was you in company with Mr. Herd and Captain Best when this unfortunate accident happened? - Yes, Sir.

Relate the circumstances as nearly as you can? - On Friday the 17th of May, about twenty minutes after eleven at night, Mr. Herd, my master, and me, and a little boy was coming from No. 85, Old-street, we pursued our way by the Shepherd and Shepherdess, in order to go to Canonbury-Place where he lodged, as we came up to the ditches a little below the Shepherd and Shepherdess, we met four or five persons, who passed us singly, we gave them the way, and they turned round upon us after they had passed us, with this expression, Damn your eyes I'll blow your brains out if you do not deliver your money; we defended ourselves as well as we could, and drove them off, beat them off to the posts; I had a brace of pistols, one man seemed more daring than the rest, he came back, and I could see something in his hand like a pistol or a blunderbuss, and I attempted to fire a pistol at him, which flashed in the pan; that was the shortest person among them.

Can you at all describe what sort of a person it was? - It was very much like the prisoner at the bar, but I cannot swear to his features, he was the shortest of any of teo rest: after I had attempted to fire my pistol, he attempted to fire at me, his snapped and mine flashed, after his was snapped, I attempted the second which flashed likewise, at the same time Mr. Herd and my master attempted to make their retreat and go away; they were pursued by two or three of these men, two of them got before me in pursuit of the two gentlemen, the little boy got away before the two gentlemen; as the gentlemen went away, two of the party followed them, and two stayed with me and cut me in several places.

Court. Did one, or both cut you? - I believe both, they struck very violently at me with their cutlasses, I defended several blows, I was cut in my arm, my head, and my thumb; just after they had cut me they threw me into the ditch, and as I fell into the ditch I heard the report of a pistol going off, they pushed me into the ditch, one man left me, and another stayed and robbed me; the man that stayed and robbed me was a tall man, and very much like Milbourne; the night was very dark.

Had you been with Mr. Herd all day? - No, I came to fetch him home at night.

Mr. Best had been with him all day? - Yes.

After you got out of the ditch which way did you go? - I pursued my way towards the Britannia, I went about ten or fifteen yards; I saw something lay on the ground, when I went up to it I found it was the body of Mr. Herd, laying with his head towards one bank, and his feet towards the other, laying on his back as if he had been laid out; from the glimpse of the night which was very dark, I could just perceive the top of his head, and his hat was gone, he was quite dead; I took up his hand.

Prisoner's Counsel. The persons all passed you, did they? - I believe they did, they turned round very quick and attacked us all just together.

He was a tall man that was engaged with you? - Yes, at the last, but I engaged with the shortest at first.

What sort of a man was the other man that engaged with you before he left you? - That was a shortish stiffish man, but rather taller.

Did you see the others that pursued your master and the gentleman? - I saw them come back, they came by me and run very fast.

Did they say any thing? - Not a word as I heard.

What kind of persons were they that returned? - One I know was a shortish person, and one was thinish.

You cannot recollect the features of any of them? - I could not it was so dark.

Court. Can you tell me whether one came back first to the man that robbed you, or whether you never saw them till they all came by you when all was over? - They came one after another.

What kind of a man, as near as you can recollect, was the person you saw return? - I cannot say.

After you heard the explosion? - He was rather a stoutish man, and not so tall as the evidence.

CAPTAIN BEST sworn.

I was in company with Mr. Herd when this unfortunate accident happened. On the 17th of May last, returning from Old-street towards Islington, we were stopt between the Shepherd and Shepherdess near Islington, by four or five men; we could not see any of their faces: they demanded with a good deal of rough language, our money, and fired; on which a scuffle ensued; they got the better of us; the man was cut all to pieces, and Mr. Herd was murdered. I retreated to Islington, there I alarmed the watch; I got two watchmen, and several other persons to my assistance; I came back to the place again, and they took the body away.

At what distance might you be from Mr. Herd when he fell? - A very small distance, about two yards.

Can you speak distinctly respecting the direction that the ball came from? - The person stood close to him. I saw the person was a little man; it was dark at the time, but I could distinguish him by looking rather low.

You are sure the person who fired at Mr. Herd was a little man? - A little man, I cannot recollect the features.

Did you take any particular notice how Mr. Herd was dressed? - In a kind of pom-padour coat.

Had he shoes on, or boots? - Boots; he had been riding with me that day.

He was killed instantly on the spot? - Instantly; he never stirred afterwards.

Prisoner's counsel. In that unhappy situation you was in, did you notice the persons of all the parties that attacked you, when they first came up? - I saw there was several men; I saw they were all middling sized men.

You did not take observation enough of the parties to distinguish one from another? - No, I did not.

I mean particularly with reference to their size, their features you could not see, they were all middling sized men? - They were.

JOHN FLETCHER sworn.

I am turnkey at Clerkenwell Bridewell.

You must be very attentive to the questions I am going to ask you: I am going to examine you respecting the confession made to you, in the prison, by the prisoner at the bar. - Let me tell my own story.

But I must ask you a question; I must first ask you was any thing said to the prisoner, any promise made of lenity towards him, or was there any threat made him if he did not confess? - Certainly not.

What he said was perfectly voluntary and unextorted? - It was Sir. The morning Gray was apprehended, I received an order to bring the evidence Milbourne before Mr. Justice Wilmot; I went with Milbourne, and when the examination was ended, Gray expressed a desire to have some conversation with the evidence Milbourne; the evidence agreed to it. I went into a private room with the evidence, and Yardley, and the prisoner;

after some conversation had passed between them, which I do not particularly recollect, Gray asked me how I did, I told him I was very sorry to see him in that situation; he shook his head: I told he could expect nothing, but to prepare for his latter end. After other conversation, which I cannot recollect, he said he was not so bad as some of the rest; and he mentioned a circumstance respecting Milbourne, where Milbourne had wantonly cut some people; and Milbourne confessed it. Then he referred to this transaction; he said that Mr. Herd had struck him several blows, that in consequence of these blows, he retreated back, and met Stunnell, he said, he snapped the pistol twice or thrice, and it missed fire; he told Stunnell how Mr. Herd had served him; Stunnell replied, we will go back and DO him; they accordingly returned back, according to his own story, and Stunnell armed with a cutlass, struck him several blows over the head, he snapped the pistol, but it missed fire; he said he desired Stunnell to desist, Stunnell desired him to stand out of the way, and held up his cutlass, and striking at him again, the blade of Stunnell's cutlass struck the cock of his pistol, and it fired: and that was the cause of his death.

SAMUEL YARDLEY sworn.

What are you? - I am the constable that took Gray.

What passed? - What Mr. Fletcher has given an account of.

Say what you have heard? - Word for word as Mr. Fletcher has said. I asked him what became of the pistol after he had fired it; he said he threw the pistol into a pond; but he hoped if I found it I would not produce it in evidence against him.

Court to Captain Best. You was near enough to distinguish that the person that shot the pistol was very close to Mr. Hurd? - Yes, Sir.

You could not distinguish whether there was one person or two? - I believe only one.

I suppose you would have taken notice if you had seen any body cutting him at that time? - I did not see any person cutting him at that time.

- FLETCHER sworn.

In the morning I was called up at one o'clock, I went to the Crown at Islington, I saw the deceased Mr. Herd; he had several wounds: one on his head, and one on his wrist.

PRISONER.

My Lord, I have two witnesses out of the country; here is a gentleman in court which met them going home, which is Mr. Kirby; I had them with me two hours this morning: they are at the Four Kings.

The witnesses were called, but did not appear.

The learned judge summed up the evidence, observing that if a robbery is committed, and any one person is killed in consequence of that robbery, all present were equally guilty: therefore it was totally immaterial who shot the pistol, if the prisoner was present, aiding and assisting.

GUILTY, of the MURDER . ( Death .)

Mr. RECORDER immediately passed sentence on the prisoner, to be executed on the Saturday following; and his body to be dissected and anatomized.

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

Reference Number: t17821016-12

623. JAMES NORTON was indicted for feloniously stealing on the 5th of October last, one large copper, value 10 s. and five iron bars, value 5 d. the property of William Evelyn , Esquire , then and there fixed to a certain empty house belonging to the said William Evelyn .

The second Count for stealing the same goods, the property of persons unknown.

WILLIAM BABBS sworn.

I live in Oxford-street; I have the care of

the houses of Mr. Evelyn, and this was an empty house that he had to let; I was informed there were thieves in Mr. Evelyn's house; I went, and found they had taken a man to the watch-house for lifting a copper over the rails with a cord; I saw the copper there, and I found a copper was removed out of the brick work, and carried into the fore area, and the kitchen window open; we found nobody in the house, I did not see the prisoner till I saw him at the watch-house.

Was that the copper belonging to the house? - I have had it since fitted to the brick work, and I verily believe it was the copper.

When had you seen the copper there before? - I cannot charge my memory, my Lord; not for any considerable time I believe, the house being empty.

Were the marks of taking it out fresh? - Yes, my Lord, a great deal of mortar and smut, there was some iron work missing, but we did not find that.

Were the iron bars those that go under the copper? - I saw nothing of them, only that they were gone.

WILLIAM MANNINGTON sworn.

On Saturday evening the 5th instant, about eight o'clock, I saw the prisoner lotling over the pallisadoes, and his feet were upon what I call the flower of the pallisadoes, and his arms seemed to be pulling something; I said I did not think that he had any business there; I looked at him to see what he had in his hand, and I saw he was pulling up something; he said he was a poor miserable object, God bless you! Says I, damn you, you shall go to the watch-house; I gave him a jerk by the collar, and the cord slipped, and I saw the copper slip out of his hand, and he tumbled himself off the pallisadoes; I saw the cord in his hand, which was round the rim of the copper, he had got it just to the edge of the brick work; I thought at first it was the top of a water-tub, or something of that sort.

(The copper produced, and a cord.)

PRISONER's DEFENCE.

I am ballotted to go to Greenwich Hospital; I had been at Marybone; coming down where this man was coming, I saw something hanging on the pales; I thought it had been a large tub; I was so curious, I found it to be a large copper; I did not attempt to take it away; as to the iron bars, I never saw any: I am quite innocent.

Court to Mannington. Were there any iron bars loose in the place? - I did not see any.

When you charged him with it did he give you the same account? - No, my Lord.

Prisoner. When they searched me I had not a farthing in the world, and my poor wife in the workhouse.

GUILTY .

On the recommendation of the Jury to be privately whipped and discharged .

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

Reference Number: t17821016-13

624. MARY BURK was indicted for feloniously stealing on the 8th of October last, a pair of men's leather boots, value 14 s. the goods of Thomas Rust .

JOHN DISNEY sworn.

I am foreman to Mr. Rust, Shoemaker , in Butcher-Row, Temple-Bar ; on Tuesday the 8th of October, between four and five in the afternoon the prisoner came along the Row, I observed her standing on the step of the door; the boots were hanging one on one side of the shop door, and the other on the other, she looked at them, and took one off, and turned herself about, looked at the other, took that off, put them together, and put them under her cloak, turned off the step and run away; I immediately followed her, she turned up the court close to the house, she went rather sharpish; I said good woman let me have those boots, they are none of your property; says she, Sir, they are none of yours, the gentleman bought them and paid for them, and gave them to me; says I, do you walk back with me, and I will tell you

another story, I took the boots from her and brought her back to the shop.

Court. Whereabouts in the shop was you when she took them? - There are two windows to the shop, I was cutting out work for the workmen, and I saw her take the boots, she could not see me; I never saw her before; I sent for Mr. Rust, and he sent for a constable who took her to Bow-street, and she was committed.

Court. You are very sure she is the woman that took them? - Yes Sir.

PRISONER's DEFENCE.

I never took the boots, nor I never saw the man in my life; I was going along the Court, and there was a woman standing there, and just as I turned up these boots lay, some gentleman came up and said, what do you do with the boots; I would not have the assurance to do any such thing; I was ashamed of my situation, and let nobody know.

GUILTY .

To be privately whipped , and confined six months in the house of correction .

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

Reference Number: t17821016-14

625. WILLIAM BROWN was indicted for feloniously assaulting Martin Hughes , on the King's highway, on the 28th of September last, putting him in fear and danger of his life, and demanding his watch and money .

MARTIN HUGHES sworn.

On Saturday the 28th of September last, between the hours of eleven and twelve at night, I was going home through the King's Road, opposite John-street , the prisoner stopped me, and demanded my watch and money; he repeated his demand; I said, no, and stepped back: he drew a large knife upon me, which I seized, and knocked him down. I called for assistance, and had him taken to the watch-house; I took the knife from him, and gave it to the officer of the night, the constable has got the knife: two small knives were found upon him; he at first appeared to be sober, but afterwards he seemed in liquor.

Prisoner's counsel. Where do you live? - I live at the corner of Dyott-street, Saint Giles's; I am a carpenter ; I wrenched the knife out of his hand by the blade, it was bent by the twist; the prisoner struggled to get away.

JOHN TAYLOR sworn.

I am a constable. The knife was given to me in the watch-house.

(The knife produced, and two small knives, which were found on the prisoner; the large knife deposed to by the prosecutor.

Prisoner's counsel. Did the prisoner appear in liquor? - Yes.

RICHARD DEEZEY sworn.

I am a watchman. The prosecutor, Mr. Hughes, had the prisoner by the collar in one hand, and the knife in the other; Mr. Hughes called watch, and said the prisoner demanded his watch and his money; the prisoner denied knowing any thing about the knife, and he did not make any charge against the prosecutor.

Prisoner's Counsel. Do you know which called watch? - I think Hughes.

Was the prisoner drunk? - He did not appear drunk.

Which gave the charge? - Hughes.

PRISONER's DEFENCE.

Mr. Hughes knocked me down, and kicked me; I called watch several times.

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

GUILTY .

Transported for seven years .

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

Reference Number: t17821016-15

626. CHARLES SIMPSON was indicted for feloniously stealing on the 9th of

October instant, two pounds and twelve ounces weight of Bohea tea, value 16 s. the property of Edward Venn and Edward Kemble .

A second Count. For stealing the above, the property of persons unknown.

JOHN WILLIAMS sworn.

I am a labourer working in the warehouses with the prisoner: time after time we have had complaints from our employers of the tea being missed out of the chests. I saw the prisoner standing by a chest of tea, he dipped his hand into it twice, and put his hand into his coat pocket; it was half an hour after two, the 9th of this month; there were many men in the warehouse, twelve or thirteen, but no one saw him but myself; there was a man stood at the right hand of him, and did not see him. I told my employer as soon as I could conveniently get down stairs; it was not prudent to tell it immediately, because the tea would have been scattered about the warehouse. They came and took him out of the warehouse, and desired him to strip, they searched him, and found the quantity of tea now produced: I was not present then. I gave the information to Mr. Hampshire, Mr. Kemble's clerk.

Prisoner's counsel. Why did not you discover it immediately my friend, there were men about that would have laid hold of him by the arm, and prevented him scattering it about? - I did according to my master's order.

You are a labourer at that place? - Yes.

These ten or a dozen men never saw it? - No; what I have sworn to I will abide by; the nearest was an old quaker, he was on the other side of me, he never saw it: I do not intend to be brow-beat.

It was very fortunate that you should see him? - Whether it was fortunate or unfortunate, it is not my fault; I was watching him in particular, I watched them all; I had a suspicion of another man, but I cannot tell another man's heart, it is out of my power. I came here to speak the truth; I do not wish to speak any more than the truth.

You are very clever? - I am not over and above clever, but I wish to be honest; and I wish you and every body else was so.

Prisoner's counsel. My friend, if you think this gives you any credit with the Jury, behaving so very impertinent, I wish you joy of it: but you do not behave with decency.

- REYNOLDS sworn.

I am the warehouse keeper; I was told some tea was lost: I asked the prisoner if he had any tea about him, he said not. I had him searched, and his breeches were full; I ordered him to go to my office, and pull off his breeches, in which were two pounds and three quarters of tea, which is now in court.

Prisoner's counsel. Who do you live with? - I am warehouse keeper to the customs. I know the tea was brought out of the warehouses in the possession of Mr. Venn and Kemble for the captors, it is prize tea, for Commodore Johnson's squadron; the warehouses are private property, they are hired by Mr. Venn and Kemble till next January, as I have heard them declare.

PRISONER's DEFENCE.

I am innocent.

The prisoner called eight witnesses who all gave him a good character.

Jury to Reynolds. Can you ascertain the tea that was found in his breeches to be the same that was taken out of the chest? - I cannot.

GUILTY .

To be confined for six months in the house of correction .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-16

627. THOMAS EDWARDS was indicted for stealing on the 11th of October instant, one piece of gold coin of this realm called a guinea, value 1 l. 1 s. the monies of Jarvis Chambers , William Langston , and Luke Hall .

LUKE HALL sworn.

About a fornight since I put a sum of money in my desk, in the counting house, in the evening, when I went to lock up my money, I should something short, one and an half, or two, but one and an half positively; I put in thirty guineas and an half, and I found only twenty-nine. I suspected that some person in the house had robbed me; I clear the till in the middle of the day and lock it up, an uncertain sum, it is not usual for us to tell it, but this was a certain sum I had taken of a customer; I mentioned my apprehensions to my partners, and asked them if they had taken any money from the next box, they said no. I said I would mark some money, and put it into this box; I marked fourteen guineas and an half, and put it into the same desk, in a little bowl; in the evening I found only thirteen and an half of that I am clear; the prisoner stood near me, he was clerk to us; I had not resolution enough to seize him, though I strongly suspected him.

Court. Was the desk open or locked? - It was sometimes left open, and he had access to it by that means; I did not take him that night, but I told one of the servants to ask him to lend him three or four guineas, which he did, but he said he had only some silver. I put in the remaining thirteen guineas and an half; and the next evening, which was last Thursday, while I was up at tea, the servant whom I told to borrow the money of him, came up to me, and said, Sir, I am very fearful the clerk is the person that you suspected, for I saw him at your desk with the bowl in his hand. When I went down, which was not immediately, I found the money just as I had put it in, thirteen and an half: hearing that the prisoner had been at the desk, I suspected that he had found he had a marked guinea. I determined to mark some money in another way; this was a visible mark with a cross; next morning I marked 19 guineas; in the afternoon between four and five, I called the servant into the counting-house, and bid him see that I put nineteen guineas into the bowl; and between six and seven I went to the money, and told it, and found one guinea gone; I told my partners here is one guinea short of what I can swear I put in, and I suspect the clerk . I went and mentioned it to the prisoner, and told him my suspicions: he said, How can you suspect me, you are welcome to search me? I found nothing about him but a few shillings; he persisted in his innocence; I told him to pull off his shoes, I found nothing there. I was fearful I had suspected a wrong person; I was ready to make concessions to him. Then I searched the rest of the people in the house. I told the prisoner if he would confess, I would not take any notice of it, he still persisted in his innocence. The servant said, let him take off his breeches; the prisoner replied, you would not be so indecent as to have me strip. I insisted he should pull off his breeches, and he pulled them off, and immediately the guinea dropped out. The prisoner fell down on his knees, and said, for God's sake, have mercy on me, I am a ruined man. I took up the guinea, I found it marked in the same manner as the other eighteen guineas; I gave it to the constable Simon Cooke ; it was marked with a graver, in the figure of the date of the year, either upon or close to it. I have the other eighteen by me now, which I marked in the same manner. At this time there was near 50 l. due to him for wages, he put into our hands 15 l. at interest. He had lived with us three years; he lived in a stile that we thought he could not afford, but we knew he had good friends: I am much hurt at his conduct; I feel for him as a man: but I thought the guilt was too great to escape public justice.

DAVID PRICE sworn.

I saw the prisoner standing against the desk in the counting-house, the desk shrieks, I was looking out an order of lace, I stepped out to the window, looking through the window, I saw the prisoner standing; I waited there for a minute, I saw him take up the lid of the desk with his left hand, and with his right hand take up the bowl, and put it

again into the desk. I saw the money counted by Mr. Hall, and took it down on a bit of paper: I was present while he was searched, I cannot justly say from what part of his breeches it came out; the prisoner fell on his knees, and said, Lord have mercy on me.

SIMON COOKE , the Constable sworn.

(Produced the guinea.) It is a guinea Mr. Hall put in a bit of paper, and sealed it, and I wrote my name on it; I have had it ever since the time I came to the mansion-house.

(The guinea produced and deposed to by Mr. Hall, to be the same that fell from the prisoner's breeches.

The prisoner called seven witnesses who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-17

627. SARAH ALSEY the wife of John Alsey was indicted for feloniously stealing on the 17th of September last, one linen gown, value 4 s. and one marcella petticoat, value 4 s. the goods of Alice Sheldon , widow .

ALICE SHELDON sworn.

I live in Northampton-street, Wood's Close, No. 55 . I do not know the prisoner at the bar, I got my property again; I can only speak to that.

- sworn.

I live at the next door; I heard a noise; I went to the door, Mrs. Sheldon said this woman has robbed me; and I lifted up her cloak, and there was a hat and cloak under it, the prisoner was coming out of the house; I would not let her go, and she struck me several times; there she is. There was a linen gown and a marcella petticoat I saw in the prisoner's custody in her apron; and when she beat me, I took and I doubled her hands in her cloak, and I gave her a push, and made her drop the things; she said they were her own. The goods deposed to by the prosecutrix.

Were they washed then? - No, my Lord, they have been washed since.

Court to the prosecutrix. Did you see the things taken from her? - I saw the prisoner on the stairs, I asked her who she wanted, she said one Mrs. Wilson; I had a difficulty to pass her with the bundle, and being with child as she is, I spoke to her out of a civility, and said I hope you are not come to rob people? she said what she had was her own. And I saw a gown under her cloak.

PRISONER's DEFENCE.

I leave myself to your mercy, and the mercy of God. I have not an hour to go, that I know of.

GUILTY .

To be privately whipped and discharged .

Tried by the second Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17821016-18

629. WILLIAM BAILY alias DEAN was indicted for feloniously stealing on the 18th of September last, fourteen pewter plates, value 10 s. the goods of William Roberts .

WILLIAM ROBERTS sworn.

I keep the Yorkshire Stingo, in the New-Road, Paddington ; on the 18th of September my servant had been out in the morning, the prisoner came in, and called for a pint of beer, and my servant was asking the prisoner what he was doing with that pewter dish, he had a basket, and I insisted on seeing it uncovered, there were several pewter plates; I looked at one of them, and found it was mine; I saw the plates were gone off the pewter shelf before. I took the prisoner to the Rotation Office immediately, from thence he was sent to Clerkenwell. There were fourteen in number, I saw them on the shelf that morning.

WILLIAM HAYWOOD sworn.

I was laying down almost asleep on the table. I heard the pewter rattling, I saw the prisoner first take down one plate, and then seven; then he took down a pewter dish, that was too big for his basket; he put the seven plates into his basket, and picked them up one at a time, I lay as if I was asleep.

PRISONER's DEFENCE.

I went into the public-house, and called for some liquor, I was very much in liquor; how the plates came into my basket, I do not know.

Court. What way of life have you been in? - I lived five years with Lord Exeter, and three years with the Earl of Warwick, and with the Duke of Chandos, as footman.

How came you to be reduced so low as this? - I have had a great deal of sickness: I have been a hay-making, I left my fork at a gentlemen's house.

GUILTY .

To be publicly whipped and imprisoned three months in Newgate .

Tried by the second Middlesex Jury, before Mr. Baron EYRE .

Reference Number: t17821016-19

630. JOHN CODD was indicted for feloniously stealing on the 14th of September last, one leather trunk, value 15 s. six linen shirts, value 30 s. six linen stocks, value 6 s. six pair of silk stockings, value 12 s. six silk handkerchiefs, value 12 s. and one wooden shaving box, value 6 d. the goods of George Foster : and eleven linen shirts, value 55 s. four pair of worsted stockings, value 4 s. four linen night caps, value 2 s. four linen handkerchiefs, value 2 s. a cloath coat, value 20 s. a cloth waistcoat, value 10 s. two other waistcoats, value 10 s. one pair of black leather breeches, value 10 s. one pair of shoes. value 3 s. the goods of - Tuffnall , Esq ; and four linen shirts, value 20 s. four linen stocks, value 4 s. one pair of silver shoe buckles, value 20 s. and three pair of silk stockings, value 3 s. the goods of Michael Przigockie .

MICHAEL PRZIGOCKIE sworn.

I am a Polander born. I am in Colonel Tuffnall 's service; the 14th of September we came from Chatham Camp, between seven and eight o'clock, to the Colonel's lodgings, in Dover-street ; I was behind on horseback, and the Colonel drove himself in a phaeton; the trunk was behind, I saw it then as I passed the chaise in order to open the door; before the woman came with the candle, just as the Colonel was getting out, there was a cry, Here is your thief, and trunk! so I perceived that some straps were hanging; and this gentleman brought the thief and trunk: the man was taken directly on the spot, it was not five minutes, (the straps and trunk produced, the straps were cut.)

Court. Was the trunk off the phaeton? - Yes, they brought the trunk immediately; I did not see him take it.

RICHARD CANNON sworn.

I live in St. James's-street; on the 14th of September, a little before seven, as I was going down Little St. James's-street, near the end, three men rushed by me, one of them asked me what it was o'clock; I crossed the way, and as I crossed, I heard a carriage pass me, and I looked round to see if I was clear of it, and I knew it to be the Colonel's, by the horses, they are particular horses; and I saw the prisoner with three fellows, behind the chaise; the footman was on horseback; they rushed by me, and run up the street: I suspected their intention was to cut what was behind the chaise; I was determined to see the event. I wondered the servant had not trod on them, they got between the servant and the phaeton. By this time, the chaise was facing my own house; I run very fast, and came up with the hindermost of the three. The chaise turned into Dover-street, and I run so fast that I came up with the chaise, then the prisoner and the other men fetched a pull, and down came the trunk; when the trunk was down, the

prisoner took up one end, and the other men took up the other, it was very dark, they got it up; it was down in a moment: they carried the trunk along Stafford-street, in the middle of the street I perceived a light, and I jumped in between them, says I, put this trunk down, they all three said blast your eyes; the prisoner struck the trunk against my legs; I was so hesitated I jumped back, and called, Thieves! then they all three dropped this trunk, and run away; the prisoner was hindermost; he was taken. I am sure he is the man.

WILLIAM MARTIN sworn.

I am a Chairman at the King's Head in Albemarle-street; I heard the cry of Stop thief! and this man was behind and I took him; I cannot say that he took the trunk.

PRISONER's DEFENCE.

I had been to Knights-Bridge to my uncle, I was coming down Picadilly, I heard the cry of Stop thief! the man came and laid hold of me; I never saw the trunk; I was there by accident, I was going home about my business; my friends are all in the country.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17821016-20

631. THOMAS THOMPSON was indicted for feloniously assaulting Mary Spalding widow , in a certain field near the king's highway on the 14th of September last, and putting her in fear, and feloniously taking from her, one linen gown, value 6 s. one cloth cloak, value 4 s. one handkerchief, value 6 d. one cloth apron, value 4 d. one dimity pocket, value 3 d. and one silk hat, value 4 s. the goods and chattles of the said Mary .

MARY SPALDING sworn.

I live at Poplar; I am a servant out of place, with a bad hand; I am a widow and I had been to see my children; I was robbed on the 14th day of September, just before eight at night in Stepney-fields ; I was going to White-Chapel; just going through the stile there is a sort of Rope-maker's walk, and about ten yards after that, three men came up to me, and one of them commanded my pocket, and struck me on my left breast, and on myarm with his fist; I told him my pocket was of no service to him; I had but a farthing, a key, a letter, and a snuff box in it: another came up, that was James West , he tore off my cardinal and gave it to the prisoner; they put a case knife through my hat, I said dear gentlemen pardon my life; they stripped me, and they gave me a clout and then they left me; they put the knife through my hat into my mouth, it was a case knife, it is here.

Court. Who did that? - As nigh as the posity of my conscience I believe it was the prisoner.

Court. Did they hurt your mouth? - Just in my mouth, I held my lips together; my pocket was cut the first, my cloak was next, and then my gown; and they cut off my apron from the very strings; they took nothing else off: I cried murder in a dreadful manner.

What sort of a night was it? - It was between dark and light.

Was it light enough to distinguish their persons? - Yes.

Was it moonlight? - No, it was not.

Were the people strangers to you at that time? - Yes.

The men were taken, were they? - Yes.

How soon after you was robbed? - In about half an hour after, I heard of it almost immediately; I went to Justice Sherwood; I made up to the Green Dragon and cried for assistance, I stopped there, and the gentleman that met them with my property took it from them, and told me had taken the man that had robbed me; there were two men in custody at the Justice's, the last was off; the two men were Thompson and West; I know West in particular, because he was pitted with the

small-pok, and I hanged round his neck, and begged he would not kill me.

That do you say as to the prisoner Thompson? - He really was the man that received my cordinal when the other stripped it of and I believe he was the man that had the knife.

Was is light enough for you to distinguish the dress of the man at the time he was robbing you? - Yes.

Prisoner. The woman never swore the least thing in life to me; only to James West before the Justice.

Court. When you was before the Justice, was you asked any thing about Thompson? - I said that he was the gentleman that did receive my cloak.

Prisoner. Mr. Sherwood asked her if West was the man, she said yes, she could swear to that man by the roughness of his face; he asked her if she knew me, she said no; I was committed directly; I was turned out last sessions by proclamation.

Court. Where is West? - He is not in custody.

Why, he was taken up? - Yes.

What is become of him?

Prosecutor. I do not know how they got off on the Wednesday following.

Mr. Newman. They were both committed here last sessions, my Lord, and discharged for want of prosecution.

Prisoner. I have followed my lawful business.

Court to Prosecutor. How happened it you did not prosecute last sessions? - I had a wrong account, I was ordered to come on the 13th.

Mr. Newman. My Lord she was bound over to prosecute this last sessions, and the Justice said he believed the grand jury was discharged.

JAMES LUNDIN sworn.

On Saturday evening about eight o'clock, going between the Ship in Sun Tavern fields and Brick-street, there is a vacant space, I heard in Stepney Fields, a melancholy cry of murder, murder, oh do not kill me! I stopped a few moments to consider what to do; I looked for some person to go with me; I ran down the lane by myself, but considering it would be dangerous to go alone, I turned back and ran into the Ship for assistance; I said, I believe there is a gentlewoman murdering in the fields, there was nobody in the tap-room, I heard voices in another room, there were three men there that were smoaking their pipes, they laid them down directly, and went with me: here I must observe, that when we came out of the door the cry of murder was over, and the three men heard nothing of it; when we got half way down the lane, one said, let us go back, it will all come to nothing; I said, I will go first, and I ran before them: in this situation, near the bottom of the lane, I met West and the prisoner Thompson.

Court. How far was the place where you heard the cry of murder, to the Sun Tavern? - Three or four hundred yards. Thompson and West attempted to shun me, by going close to the bank, I immediately suspected them and collared Thompson with my right hand, and with my left I pushed West against the bank; in this situation the people behind came up, I asked Thompson what they were, Thompson trembled, and made no answer; West said, damn you Sir, what is that to you, we are going about our business: when the people behind came up, I observed a bundle under West's right arm, I put my hand to it and some of the rest did the same; it was a woman's gown; a man that stood behind me and Thompson at this instant, said Sir, I have picked up a cloak that Thompson has dropped from under his arm.

Court. Did Thompson hear that man say that the cloak had dropped from him? - He made no answer to it that I can recollect; he went very quietly, the other tried to escape, but was prevented; after they were properly secured, I went with three or four men to search for the woman; we called out, no person made any answer, and we found her at the Green Dragon; we brought her to Justice Sherwood's, and took her over to the public house where the two prisoners were; immediately,

as soon as she saw them, she said these are the men; she pointed to West, this is the man that was going to kill me, and this poor fellow saved my life, pointing to Thompson.

Court. What condition was the woman in? - She was much flurried, she was in her petticoats and shift.

Court. Had she the appearance of a person who had been robbed? - Yes, Sir, robbed and ill used.

Court. You, Mr. Lundin, acted a very spirited and a very honourable part; and the public are very much indebted to you, very much, indeed!

THOMAS BERKS sworn.

I was at one Mr. Clayton's, at supper, and heard the cry of murder; I ran down Vinegar-lane to the bottom; I said, where are the thieves? somebody said, here is one, that was West; I took him to the ship till he was properly secured; I saw a white handkerchief taken out of his hand by a young man.

Court. Did you see any thing under his coat? - No, my Lord.

- WEST sworn.

On the 14th of last month I was at the Turpentine warehouse, I heard the alarm of murder, and ran down the lane; I saw West with this gown under his arm, and the white handkerchief I took out of his hand; the other people had stopped him; I immediately collared him; coming into the ship he said, Damn my eyes I will mark you; I up with my fist, and I hit him; at the same time Thompson being in company with West was brought into the Ship.

- COLE sworn.

About nine o'clock a man ran over to the house where I was drinking, and said you must come immediately, two men have murdered a woman; I went to the Ship, and there I saw two men standing with twenty people; I asked them who was the prisoners, they shewed me the two men, I immediately went to handcuff West and this man together; West behaved very bad, Thompson behaved very well.

Court. Had you the things put in your care? - Yes, my Lord, this handkerchief and this gown, this cloak, and this apron, and this knife.

Court to Lundin. Do you know how the apron came there? - I took notice of nothing when they were apprehended but the gown and cloak.

- Cole. A little boy brought in the apron and the knife, and said he found them in the fields just where the robbery was done.

(The things deposed to by the prosecutrix.)

Court to Lundin. The person that took up the cloak is not here? - No, Sir, nor none of the three men that helped me to stop them.

PRISONER's DEFENCE.

I am very innocent; I was coming from my daily labour, I went home to my wife, she was gone out, I went to the Britannia, near Limehouse church, there I had a pint of beer; I met West coming over the fields, says I Jem, what have you got here? he said, they are some things that I picked up: I said, I wish I could get out of your way, and this gentleman came up and took me.

The prisoner brought thirteen witnesses, who had most of them known him from his infancy, and all gave him a very good character.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron Eyre .

Reference Number: t17821016-21

632. Mary Ballentine was indicted for feloniously stealing on the 5th of October instant, two pounds weight of cut tobacco, value 6 s. the goods of Charles Wright .

CHARLES WRIGHT sworn.

The prisoner was our servant , she lived with us upwards of sixteen months; I suspected her from a number of people calling on her; and about three weeks ago, on a

Sunday evening, when I came home, I observed a light in the warehouse, and the prisoner was lifting up the cover heads of tobacco, whether she had taken any thing at that time I cannot say; a boy was attending her, and holding a candle; I took no notice to her then, I watched her more after; on the 5th of October, in the morning, I observed she had something in her apron bundled up, she unlocked a cupboard in the kitchen, and took her apron off; I went a riding to Hampstead, and came to breakfast; as I was coming down I met her a second time coming out of the shop with her apron bundled up, she said she had some candles in it, she took her apron off and laid it in a chair; I told her to fetch me a pair of stockings out of my room; she was a considerable time in setting off, and she took the apron and put it in a coal-hole close by the fire; I felt of it, and found it was tobacco; I asked her what was in it, she said nothing, but turned pale; I then spread it on the table; I afterwards sealed it up, and gave it to the constable.

RICHARD TIMCOCK , the Constable, sworn.

(Produced the tobacco.)

Court to Prosecutor. Do you know that tobacco to be yours? - She told me she had taken it from out of one of the hogsheads in the warehouse.

Prisoner's Counsel. What promises did you make her at that time? - None at all.

Not any? - Not at that time.

At some subsequent time you did, did not you? - I went up stairs afterwards; she came and set down in a chair, and said, Lord have mercy upon me! I said, pray Mary how often have you taken tobacco? let me know where you have disposed of it; she said, I never took any before, this was taken for a sick person; I said that was very improbable.

Are you sure, Sir, you did not make her some promises at the time? - Only that I did not know I should take any further notice of it.

Court. Was that before she acknowledged taking it out of this hogshead? - It was after.

PRISONER.

Please you, my Lord, I have a council to plead for me; I have not had time to send for any witnesses, they are in the country.

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

GUILTY .

To be privately whipped , and confined six months in the house of correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17821016-22

633. ANN WOOD was indicted for making an assault on the king's highway on Jonathan Pooley , on the 13th of October instant, and putting him in fear, and feloniously taking from his person one half crown piece, value 2 s. 6 d. and 6 s. in monies numbered, his monies .

JONATHAN POOLEY sworn.

Coming through Temple Bar about twelve on last Sunday night, making the best of my way to Tower Hill, the prisoner catched fast hold of me, and pulled me on the side of the bar against a china shop, and she put her left hand into my right hand pocket, and took out six single shillings and a half crown piece; I found my money was gone, and I said to her, you have robbed me; I heard the money chink in her hand.

Court. You did not know what she had taken from you till you felt in your pocket? - No, Sir, then I saw her give the money to another girl, and I took her to the watch-house.

Court. Was she alone? - No, there were two behind her.

Court. She did not demand your money? - No, she said nothing, but pulled me against the side of bar.

How do you know what money you had in your pocket? - I was sure of it, it was in my breeches pocket.

How came you to let her put her hand in your pocket? - I was frightened, I did not

know what she was at, and seeing the others, I expected to be knocked on the head.

Court. Then you did not hinder her from putting her hand in your pocket? - She pulled me against the bar, and put her hand in my pocket immediately, and the other girl made off.

PRISONER's DEFENCE.

My Lord, I never saw the gentleman till he catched hold of me.

GUILTY of stealing, but not privately from the person .

To be privately whipped , and confined twelve months in the house of correction .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-23

634. ANN SMITH was indicted for feloniously stealing on the 13th of September , one silver watch, value 4 l. one metal watch chain, value 3 s. the goods of John Black .

JOHN BLACK sworn.

I am a taylor in Hare-court, No. 9, Aldersgate-street. I lost my watch on Friday the 13th of September last, I was going through St. Paul's church-yard towards Ludgate-Hill, about eight o'clock; and this woman came up and asked me how I did, and pretended she wanted to speak to me; while I stopped speaking to her, she picked my watch out of my pocket; she took me up into an alley, and wanted me to go into a house there; I told her I could not stop, I was going to supper. In the mean time she picked my watch out of my pocket, it was in my fob.

Court. How do you know it was her? - She picked it out before my eyes, she put it into her bosom; then I immediately took my watch from her by force and after I had taken it from her, she cryed out Stop thief, and murder! Mr. Clarke the constable was coming through St. Paul's church-yard, in the mean time, and I gave him charge of her, he took her to Poultry Compter; I had got my watch myself before.

Court. So you saw her take your watch out of your pocket, and put it into her bosom, and you took it away? - Yes.

Did she claim the watch, because she called Stop thief? - No.

What was her reason for calling Stop thief? - She had no reason at all.

Was there nothing but conversation passed between you and this woman? - Nothing, my Lord, I had no connection with the woman, nor never meant it, so help me God I have nothing more to say.

PRISONER's DEFENCE.

I know nothing about the man's watch: the constable is here, who can witness to my ill usage.

THOMAS CLARKE sworn.

I was going through St. Paul's church-yard, near eight o'clock; I heard a noise, they said a young woman had picked a young man's pocket; she lay on the ground when I came up, I took her to the Compter, I took her before my Lord Mayor, he committed her.

NOT GUILTY .

Tried by the London Jury, before Mr. Baron EYRE .

Reference Number: t17821016-24

635. SIMON SOLOMON was indicted for stealing on the 6th of October , one cloth great coat, value 2 s. the goods of James Sewell .

JAMES SEWELL sworn.

I am a coachman . I lost my coat last Sunday was sennight, at night, in Bishopsgate-street , from my box; it was about eight o'clock; I did not see it taken, a man saw it taken, and stopped the prisoner; I was looking after passengers to go to Hackney.

JOHN GONGE sworn.

I saw the prisoner take the great coat off the box of the last witness Sewell on Sunday was sennight at night, and he ran away, and

I ran after him, he dropped if, and a gentleman stopped him; I saw him drop it, and he was secured. The coat was taken up and kept in the possession of the owner, he has it now. The coat produced.

PRISONER's DEFENCE.

The coat was laying on the ground when I crossed the highway, this man crossed and asked me where I got it, and I told him I picked it up. I am a sugar baker ; I have no friends here, they did not know I should be tried to-night.

GUILTY .

To be confined six months in the house of correction .

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

Reference Number: t17821016-25

636. WILLIAM ALLEN was indicted for stealing on the 17th of September last, one pair of silver of tea tongs, value 6 s. six silver tea spoons, value 6 s. a small copper box, value 12 d. and twenty-one guineas, and two half-guineas, value 23 l. 2 s. forty crown pieces, value 10 l. and three pieces of foreign silver coin, called dollars, value 13 s. 6 d. the goods of Alexander Grant , in his dwelling-house .

ALEXANDER GRANT sworn.

I live in St. Martin's-lane , I am a Taylor and Salesman ; on the 17th of September last, in the morning when I was at breakfast, my wife and me reckoned up our gold, and there was twenty-one guineas and a half, I then went into the shop, there was a gentleman paid me a few shillings, he gave me half a guinea to change; I called my little girl and bid her put that half guinea to the rest of the gold that was in the box, which would make exactly twenty-two guineas; it was in a copper box that we always keep our money in, in a cupboard behind the shop; there is no lock to the box, nor to the cupboard, but there is to the parlour which was locked and the key in the door; I went out at a quarter before eleven, and when I returned at a quarter before one, my apprentice was in the shop, and in the parlour were my daughter and the prisoner, they asked me whether I had any money in my pocket, I said a few shillings; the prisoner said then you have been robbed; my daughter told me the parlour door had been unlocked, and the box with the gold, and the silver spoons, and the crown pieces were gone; several neighbours came in, and they insisted I should take my lodgers, my journeyman, and my apprentice into custody: we went to justice Hyde's and from there to Bow-street: I slightly searched them; but the constable at Bow-street suspecting the prisoner, I put my hands in the prisoner's pockets and pulled out his handkerchief, his tobacco-bax, and his gloves, he took hold of his coat, I said there was dirt there, and he took a pen knife and ripped the lining, on the right hand side dropped out a handkerchief; that was the handkerchief that the crown pieces were tied in; I had forty crown pieces, and three dollars; the handkerchief is here, Elphinstone the under Beadle has it, there was nothing in it, I never found any more of my property.

The remainder of this Trial in the Third Part, which will be published in a few Days.

Reference Number: t17821016-25

HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.

TRIALS, &c. taken with great Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.

N. B. SHORT-HAND taught on an improved Plan.

Reference Number: t17821016-25

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 16th of OCTOBER, 1782, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Hon. Sir William Plomer , Knt. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, And Published by Authority.

NUMBER VIII. PART III.

LONDON:

Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON No. 13, Pater-noster Row.

MDCCLXXXII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Allen .

Prisoner's Counsel. Your money was safe in the morning at ten o'clock? - Yes, and at half past ten, if the girl put the half guinea to it, which I believe she did.

Then your wife went out, your girl was left at home, you went out, and when you came home you found the robbery had been committed? - Yes.

Have you any lodgers? - The lodgers go in at another door.

What lodgers have you? - Five families; I keep all the lower apartment.

I suppose your door that connects with your stair-case is always open for the convenience of these people? - No Sir, no access for any of these people in the part that I occupy, without they break open the door.

Prisoner's Counsel. You put up this money yourself in the cupboard? - I counted it, and my wife put it up in my presence.

The prisoner had lived with you some time? - Yes, seven months.

Did you inquire whether he had been out of the house? - I understood a stranger had called him out, and he was out ten or fifteen minutes.

What neighbour was in the house with you? - His name was Elphinstone; he was sent for by the prisoner and my daughter before I came home.

How old is your daughter? - She is about fifteen.

Is she well grown of her age? - You will see her presently.

Is she a well disposed girl; so far as you know? - She has had the care of my house and shop.

Is the obedient? - She durst not disobey me, I will be obeyed.

Then she lives in fear of you? - She has a right so to do.

Have you ever had any quarrel with her to any extent? - Never, no further than is customary.

Has she any female acquaintance that ever come to visit her? - Very few, every body has some acquaintance no doubt; they are all older than her.

Has she any male acquaintance? - None that I know of.

It was in consequence of the frequent persuasions of the officers at the Justice's that you made searches? - No doubt.

Where does the man lodge? - I hardly know upon my word.

No property was found upon him? - No more than my handkerchief.

MARY GRANT senior, sworn.

I am wife to Alexander Grant ; I know

the handkerchief, I went out to the Seven Dials on the Thursday morning, and before I went out I reckoned twenty-one guineas and a half, and put it into a little copper box by some china in the parlour, in a little bit of a cupboard; I had forty crown pieces, and three dollars tied in this handkerchief, two pair of silver buckles, and two gold rings, they were over the china; there was half a dozen tea spoons and a silver tongs in a little bit of a milk pot; the cupboard had never a door; I will not tell any lies about it: the parlour door was locked when I went away, and the key within the door which goes into the yard. The handkerchief was a red spotted one, the spots much washed out, and a stain in the middle of it, and no mark; I have had the handkerchief ever since the 14th of July, I tied up the money that day: my girl found the handkerchief in the shop.

JAMES ELPHINGSTONE sworn.

(Produces the handkerchief.)

I was present when this handkerchief was taken out of the prisoner's pocket, it was cut out of the bottom of his coat by Mr. Grant, and it was delivered to me.

Mrs. Grant looked at the handkerchief, and said she believed it to be the same that her crown pieces were tied up in.

Prisoner's Counsel to Elphinstone. Who sent for you? - One of the friends.

Who told you the story of this loss? - The prisoner, and Mr. Grant's daughter.

MARY GRANT junior sworn.

How old are you? - Going on fifteen. On Tuesday the 17th of September, I was in the shop, my father gave me half a guinea to put into the box, which I did, and it made twenty-two guineas, I counted it with my mother a little before my father went out, about half past ten, and soon after one Mr. Watts a publican called on the prisoner, and asked him if his name was not Allen, he went off the board out with him, and staid about ten or fifteen minutes, he returned, jumped on the board, and called for a small pen knife; he asked what it was o'clock, the boy said about half past eleven; he said he wanted to go to dinner to the Half-Moon in Church-court with Mr. Watts: I told him he should not go before twelve, but he insisted on going; he said good bye, take care of the place: I was talking with a gentlewoman in the street, about three inches from our door; I did not stop with her five minutes; the prisoner went down the court to go into our back-yard, he had just got down the court to the part of our house that goes up the steps, when I found the parlour door open and the key laid on the floor; I told him I missed the spoons and money, he coloured, and said I was joking; I insisted on searching him; I found a handkerchief, a snuff box, and a pair of gloves; he wanted to go, I could not stop him; till a gentleman that lives on his fortune, that we work for, came in and insisted he should not go: (Looks at the handkerchief.) This is the handkerchief that our silver was wrapped up in, I found it in our ware-room the 13th or 14th of July; the prisoner was between five and ten minutes in the back yard: Mary Davis a little girl about thirteen, told me he was there.

Is the privy there? - Yes.

Prisoner's Counsel. What was this gentlewoman's business with you? - To know how we did.

You never lost sight of the prisoner in the shop during this time, till Mr. Watts called on him? - No: he was out of my sight when he went away with Mr. Watts.

During any part of that time he had not been in the parlour? - No.

Then Watts left him, and he came back? - Yes.

Then sometime after that you heard from a little girl that the back door had been opened? - He sat on the board about five minutes, he went to go to his dinner, he went into the yard, he had not been gone into the yard above five minutes before I found the door open.

He was gone into the yard about five minutes when you went into the parlour, found the key on the floor, on the inside, and had curiosity enough to go to the cupboard

and found what you had missed? - Yes.

You objected to his going to dinner? - Yes.

So much that you insisted upon sending for your father? - Yes.

Did you discover your loss to this gentleman that came in? - I certainly did.

Was there an immediate search made? - I searched his pockets, and only found a handkerchief and a pair of gloves; I searched about the house, and nothing was to be found; there was a great bundle in the lining of his coat, but I did not search any further.

Did he resist your attempt to search him? - He said it was nonsense; he coloured and caught hold of a place that goes to the window and was ready to drop down dead.

Who visit you as companions? - None but a few of the neighbours.

A few young ladies of your own age? - Yes, and some older; I have no brother or sister.

Any young men that pay their visits? - Young men that speak when they come on business, but nothing further.

Do you know a Mr. Cooper? - Yes, he lodged in our house for some time, he is about twenty-nine.

Was he very free in conversation, did he ever speak to you on any matter? - No.

And you never spoke to him? - No.

You live on extreme good terms with your father? - Very good terms, I never do any thing much to offend him; he never displeases me.

Have you your own way? - Any thing that is in reason, I never ask any thing else.

You do not live in any terror of your father? - No, if he does not think it proper for me to go to places, he tells me so, and there is and end of it.

Did you ever hold any conversation with Mr. Cooper, about the property of your father? - Never, we have not spoke together for three or four days.

Then there has been a tiff between you? - No, I might not have seen him.

How long was it that you had known what property your father and mother kept in this box? - Above a year, the crown pieces.

Did you ever say to Mr. Cooper any thing like this, that, That money would much better become your pocket, than your father's cupboard? - No.

Court. Did this man work in his coat? - Yes.

He does not lodge in the house? - No.

You told this gentleman after he had been gone into the yard five minutes, you went into the parlour and found the door open? - He was in the yard just at the privy door, he had the door in his hand.

It could not then have been so long as five minutes by your first account, from the time of his first going towards the yard, to the time you found the door was open? - Yes, it was full five minutes.

MARTIN KENNAWAY sworn.

The day that the robbery was committed my master gave his daughter half a guinea, and said it would just make two and twenty guineas; that was about half an hour after ten; he bid her put it by.

Did he tell her where to put it? - No; he went out: and a man called Mr. Allen off the board, and he went with him down St. Martin's lane; he came on again, and asked me what it was o'clock, I told him, half past eleven; he said, you lie, you damned dog; and went off to go to dinner: I cannot tell which way he went, I was on the board.

How long after he went to dinner was it, before your master's daughter went into the parlour? - About four or five minutes; she calls to me, Martin, says she, the tea spoons are gone, and the sugar tongs, I made her no answer; I heard her and the prisoner talk very high.

Court. Why, the prisoner was gone? - He went round into the yard, it was about five minutes after when I saw Allen, he went into the back parlour, round about by a little court that goes backwards.

He came into the parlour out of the back

court, where the necessary house is? - Yes. I went into the parlour a little afterwards; the prisoner sent me to look for my master, the daughter was just by, I could not find him; then the prisoner sent me for Mr. Elphinstone, to get a search warrant, to search the house: the publican over the way told me not to go. Then the prisoner sent me for him again, and I went and fetched him down. My master came in, and I went for my mistress; when I returned there was a runner there, and we all went to Bow-street: as we sat there, one of the constables told my master to search the prisoner, and they ripped the bottom of his coat, and there was a handkerchief came out, and as soon as my master saw it, he claimed a right to it directly; the prisoner said he got the handkerchief out of Wiltshire, and he claimed it as his own.

Court, Had your master's daughter been at home all the morning? - Yes.

Did the woman that came to speak to her, come in? - She came no further than the step of the front shop.

How far is that from the back parlour, where this money was? - It is not a great way.

How long did the woman stay chattering with your master's daughter? - About five or six minutes.

Had no body else been there before Watts came? - Only this woman, I and the prisoner were on the board while they were talking.

You was charged as well as he? - Yes.

Did you know where the money was kept. - Yes.

Did he know? - Yes, he knew it was kept backwards.

Did you ever go into that parlour? - Yes, they sit in that room.

What sort of people come backwards and forwards to the house? - Very good people: about a week or a fortnight before, the prisoner asked me where the money lay; I told him in the back parlour. After the robbery the prisoner wanted to go, and the gentleman said nobody should go; his name was Mr. Chamiere, he lives on his fortune.

Prisoner's counsel. Then it was the prisoner that desired you to go for Mr. Elphinstone? - Yes.

Did people come to the parlour for alehouse pots? - Yes.

A publican opposite told you not to go? - Yes.

What is his name? - I do not know.

Did you see the girl put the half-guinea to the other money? - I saw her go backwards, but whether she put the money there, or no, I do not know.

You did not see or hear what passed between the prisoner and the girl in the yard at the privy? - No, I saw her speaking to him in the back parlour, just at the step of the door.

Court to Elphinstone. What was the message the boy brought to you? - He said I was wanted, and he asked me for his master; and, then he came again for me.

Court. Nothing was found but the handkerchief? - No.

Court. Was the bottom of the pocket whole or not? - I cannot say.

Was your hand in the pocket? - It was not.

Prisoner's counsel to Elphinstone. What sort of man was this gentleman that was at Grant's house? - A middle aged man.

To Kennaway. How old are you? - Fourteen on Christmas day; I have lived there about nine months.

Does your master keep any maid-servant? - No, the little girl does all that.

Do you sleep there? - I have within a week or so, I slept before at my father's.

Do you live on good terms with that little girl? - Yes.

Never quarrel with her? - Sometimes, but we soon make it up again.

Court to Elphinstone. Did you examine the door that goes into the yard? - Yes.

How near is the window? - There is just the width of the door, between the door and the window, it is a sash-window.

Were the panes of glass whole? - All but one of the squares, which goes on a hinge on account of the smoke.

MARY DAVIS .

How old are you? - About thirteen.

Wh ere do you live? - In St. Martin's Lane, with my mammy, my daddy is a coal heaver, and works at Wapping, my mother goes out to work: I mind my sister at home, she is young in arms.

Do you know what you are come here for? - Yes.

What for? - With these gentle-people.

What do you come to do? - I come to tell you, Sir, that I saw the man go in.

Do you know that you are to speak the truth? - Yes Sir.

I hope you know it will be a very naughty thing if you do not? - Yes Sir, it would so.

Sworn. Court. Now remember you have promised to tell the whole truth, be sure you do not tell us a fib, do you live any where near the court where Mr. Grant's necessary is? - No Sir, I live at the next door.

What was it you saw the day the outcry was about the money being gone? - I saw the man put his hand through the window and drop the key down.

What window was it? - It was a window, a little tiny window, that shuts and opens.

In whose house? - In Mr. Grant's house.

In what part of the house, the fore part, or the back part? - The back part.

What part does that window open to? - Into the yard where the water is.

What man was it you saw do this? - Mr. Grant's shop-man.

Did you know the man before? - I saw him working in Mr. Grant's shop; I saw him go in the necessary.

All that you saw him do was put his hand into the window and drop the key down, and then go into the necessary? - Yes, he staid in the yard about two or three minutes, and then went into the necessary, I was in the yard a playing along with a little tiny boy and my sister.

Q. Did you see the man come into the yard? - Yes, Sir, and he was a good while before he came into the yard, he was in the passage as you go out into the street, then he came into the yard, then when he saw me he pulled his hand out, and went into the necessary; that was all I saw him do.

Q. Did you go away directly? - No, Sir, I staid a good while after.

How long did he stay in the necessary? - He did not stay hardly a moment in the necessary; then he went up the court to go to his work again through the passage.

You never saw him go in, or the parlour door open when he threw the key down? - Yes, Sir, the parlour door was open, it opened, he did not go high any thing at all, nor touch any thing but the key.

Did he go in? - One foot was out of the door, and the other foot was on the step.

He did not put both feet in? - No, Sir, he did not.

He went back again, you say? - Yes, Sir, and before he went into the necessary he pulled the little parlour door to him, he did not go into the middle of the parlour, only to the door.

How soon after this was the outcry of the money being gone? - Not long.

Did you go into the parlour? - No, Sir.

Did you see him in the parlour afterwards? - When Polly Grant took him into the parlour, that was out of the shop into the parlour.

Where was you when she did that? - I was in the yard.

He got back to the shop through the passage and up the court? - Yes, Sir, he did.

Prisoner's Counsel. You live next door to Polly Grant , little girl, do not you? - Yes, Sir.

Is she a good-natured girl to you? - Yes, Sir, sometimes; she always speaks very civil to me.

How came they to know any thing of your seeing the man? - Polly asked me, and I told her.

She asked you first? - She asked me whether any body went into the parlour? I said nobody but that man; she said what man? I said the shopman.

All that you saw the man do was put his hand that way into the window? - Yes.

He never went into the parlour? - No.

Court to Elphinstone. Whereabouts is the cupboard? - The door is one end of the parlour, and the cupboard is opposite to it; the parlour is about eight feet wide.

PRISONER's DEFENCE.

Concerning what the little girl has declared now about my putting my hand into the hole, it is as false as God is true; I will relate the case to you as nigh as I can: I went to work for the prosecutor about nine on the Tuesday, about a quarter before eleven he went out, about a quarter after eleven Watts called upon me; he looked into the door, and asked to speak with me; I did not want to have any discourse with him there, I had pawned his great coat, and I was not willing he should know it; we went from the door about three yards, he told me he wanted a pair of breeches; I was to call on him that night; he asked me to take part of a pint of beer, I mentioned a house; I came back immediately; he said he would go and get a beefsteak; I got on the board, and staid about a quarter of an hour; then it wanted about fifteen minutes of twelve; I thought I might as well go off and come to work before one: I had occasion to go up to the necessary, and by the time that I had got through the passage and into the yard, the girl was in the room where the property is reported to lay; I goes into the yard, and saw the door a-jar; I made a little bit of stand, and looked at it; I heard the prosecutor's daughter ask who had been in the room? the last child was in the yard at the same time; I said I wondered to see the door open; I went into the room; she asked me if I had been in the room? I asked her how it was possible? says she, have you not got out silver spoons and milk pot? says I, how can I? she said she was only joking; she said she would run away, and would stay no longer; I told her she should not go away, nor I neither, till her father came home: I called Mr. Elphinstone, and told him the story that I believed the place had been robbed; the publican came over, and he was the first, I believe, that entered the house after the robbery; I sent for Mr. Grant, who came in presently: there is one Mr. Cooper that lays in the same room where this property lay; Mr. Grant told me he knew who the thief was; I asked him if he suspected me? he said no: at last he divulged his mind, that he suspected this Cooper, who lays in the room where the money was, but works up stairs; the prosecutor got a search-warrant, I never quitted the room; I wanted to make water; I would not stir because there should be no suspicion; Cooper's room was searched, but nothing was found; Mr. Grant said I might as well go, and I went to Bow-street; there a man, named Gregory, came in and enquired into the affair; the prosecutor felt the lump that was at the bottom of my pocket before we went to the Justice's he said it was not worth ripping; I did not know what it was myself; after pulling all the things out of my pocket, Gregory said here is something here; I said I had observed it before; the prosecutor ripped it, and if it had been in the pocket he would not have made a word of the matter, but being concealed in the lining, he said I believe I know something of this handkerchief; I said I am sure you do not, it is a rag I carry meat in sometimes when I go to work; he said he would ask his wife to be more thoroughly convinced; I said I wish you would, I can bring witnesses where the handkerchief came from; I waited in the tap-room till he returned; he said we shall hear further about it, and he spoke very freely of this Mr. Cooper; however, we all went to the Justice's, and went through our examinations. Concerning this handkerchief, I had it, so help me God, (there is a just God that knows the secrets of every thing, I would not tell a lie on this account) I had it in my possession the Saturday before; I imagine I put this rag in at the top part of my pocket which was ripped, and it must go in between the lining and the cloth: on the Sunday morning I said to a person who will be here, says I, give me a needle and thread, this hole pothers me; I sewed up the hole, and by that means did not recollect any thing of any thing being between the lining and the bottom of the coat; and when this place came to be ripped, no more thought of any

thing of the kind being there than any thing; I saw directly when it was pulled out what it was; he swore that was the very handkerchief his money was counted in; she said she knew it to be hers by the border; I imagine they washed it; they swore to it a second time after keeping it in their own possession: the girl starts up, says she, I know it by the holes in it; so I was committed. I hope you will take it into consideration: how can any person think I could rob this man of his property, and make away with it, and few this rag in the lining of my coat? I think it is something very inconsistent to think of any such thing.

SAMUEL WATTS sworn.

I live in St. John-street.

Do you remember calling on the prisoner the day it was reported this loss happened? - I do not recollect the day of the month, it was last month, I remember coming and speaking to this man particularly well, I was not with him five minutes; he went as far as three or four doors, we parted, he went towards the shop from me, I asked him to come to the publick house, but he gave me no answer as I understood, I staid there expecting he would come, but I do not know whether he said he would or no.

JANE SOUTH sworn.

How long have you known the prisoner? - About two years.

Did you ever wash any linen for him? - Yes, I washed and mended his linen a considerable time.

( T. handkerchief produced.)

This handkerchief I have washed many a time, one like this, I am very sure this is the handkerchief, I may safely say about twenty times I have washed it.

Where does he lodge? - In Windsor court, at Mr. King's.

Where do you lodge? - In the same house: the prisoner lodges in the one pair of stairs, and I lodge in the two.

Are you married or single? - A widow.

Any family? - My family is dead.

Did this man at any time desire you to do any thing for him? - No, without it was washing or mending, or of a Sunday cooking a bit of victuals.

Did he ask you to lend him a needle and thread at any time? - On the Sunday before this happened he came to ask for his linen, he turned back and said, I will be very much obliged to you to lend me a needle and thread, dark blue thread, and a smallish needle; he sewed up his pocket, a slit was tore: he broke the needle and could not sew any more: I have the remainder of the needle and thread.

JOHN FIGGINS sworn.

I live in Dean-street, Fetter-lane, I am a taylor, the prisoner served his time to me; the fellow handkerchief to this his mother gave me yesterday, she is come out of Wiltshire, but she was so affected with the circumstance; she could not attend.

Court. Is it an old handkerchief that she has brought up? - A very old one, you can hardly tell one from the other.

Court. The handkerchiefs correspond? - They are as like as ever you saw any two things, in holes, and rags, and every thing else.

Prisoner's counsel. How did the prisoner behave in your service? - He behaved very well.

NOT GUILTY .

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

Reference Number: t17821016-26

637. JOSEPH LARCHER and WILLIAM HAWKINS were indicted for feloniously stealing on the 27th of September last, one silk handkerchief, value 2 s. the goods of Francis Joy .

The witnesses examined apart at the request of the prisoners.

FRANCIS JOY sworn.

I lost my handkerchief on the 27th of

September, about twelve o'clock at noon, between the corner of Chancery-lane , and Temple-bar , I was walking up Fleet-street towards Temple-bar; I was accosted by a man who asked me if I had not lost my handkerchief, I felt, and told him yes; he said he believed he could shew me the two lads: he pointed to them at a considerable distance before me. We followed them, and lost sight of them about half a minute or something more, they turned up Symonds-inn, and when I came to the turning into Symonds-inn, a woman informed me a lad was run up to some chambers, which were then under repairs, and I believe, uninhabited; I went up stairs with a stranger or two, and met the prisoner Hawkins, whom I charged with having picked my pocket, which he denied; I searched his pockets, but could not find my handkerchief, I brought him down stairs. I met Stapleton at the foot of the stairs, who had got the prisoner Larcher, and likewise the handkerchief which I had lost.

Court. Can you, or not, say whether Hawkins whom you took on the stairs, was one of the men that you saw going up Chancery-lane? - I am positive he was one.

Was Larcher the other? - I am sure he was, I am positive to both of them.

JOHN STAPLETON sworn.

I am a carpenter, I was standing in Fleet-street about twelve o'clock on Sunday, I saw the prisoners running after different people; presently I saw one cross to the other, and they joined, and the man followed this gentlemen, and took his handkerchief, as I believed, out of his pocket, I did not see the handkerchief, but I saw the motion of putting the hands under his coat: I asked the gentleman if he had lost any thing, he said yes. The man went up Chancery-lane, the one that picked the pocket was first, the other ran after him, they turned into Symonds-inn, one ran up a stair-case, and he that took the handkerchief ran through the inn into Bowling-pin alley; I missed sight of him; and that moment he throw the handkerchief away, and the next witness took it up, and gave it to me; he saw him throw it away.

Court. How long did you lose him? - I lost him about a minute; he was taken by himself, he threw the handkerchief away, and the gentleman was at the other end of the alley, and he laid hold of him.

Did you know these lads before? - I have seen one many a time.

Which was the person that actually picked the pocket? - Larcher, but they were both in company.

CHARLES JOHN STEVENSON

sworn.

I saw Larcher throw the handkerchief away in the passage, I ran after him, and Stapleton stopped him. (The constable produced the handkerchief.)

Court. What did you do with the handkerchief? - I kept it in my possession for some time, then I gave it to the constable; but I swear to the handkerchief, particularly by a spot of ink on it, which I wiped off my writing desk, and the colours are very much run, I am positive it is mine.

PRISONER LARCHER's DEFENCE.

This man has been convicted here himself, and one Barnet can prove it who is here; as I was going up Chancery-lane, this young man asked me the way to Staples-inn, I told him I believed that was it. This gentleman followed me, and Stapleton laid hold of me, and said I had picked a gentleman's pocket; he searched me, I had no handkerchief but my own; he said he saw me do it: he took me to the gentleman, the gentleman said he did not know any thing of it; he said he would send me to the Compter, and send me for a soldier or a sailor. I have not a friend in the world.

PRISONER HAWKINS's DEFENCE.

I went up to No. 4, Symonds-inn, with a letter for my father.

The witness Stapleton said he never was convicted, nor was ever in Newgate, only to look

through the bars for a prisoner; that he worked for Mr. Payne two years, and kept a house in the city; and that the prisoners were taken on board the tender, but they would not keep hem.

Jury to Stapleton. Which was it that you saw dip at the pocket? - Larcher.

Were they both together? - Both as close as could be, one behind the other.

BOTH GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. Baron EYRE .

Reference Number: t17821016-27

638. RICHARD SEWELL was indicted for feloniously stealing on the 21st of September last, three pounds weight of tobacco, value 7 s. the property of Thomas Sainsbury , Esq ; and Abraham Langford .

THOMAS SAINSBURY , Esq; sworn.

I missed some tobacco, and in consequence of that I directed one of our clerks to watch the prisoner particularly; accordingly he kept his eye upon him.

THOMAS BALDWIN sworn.

On the 21st of September, the prisoner and myself were in the back shop, I discovered a parcel concealed within two hogsheads; I sent the prisoner out of the way, to see what it contained: I found it contained about three pounds of tobacco. I thought it would be most prudent to send him out again, and likewise remove these hogsheads, to sweep all round; I said I should have occasion to remove that hogshead, and I went out on purpose. When I returned we removed that hogshead, and the parcel was gone, tho' I put it in the same place again after I had opened it: I afterwards discovered the parcel was concealed between two other hogsheads, which we could not move; I put a mark on it, and put it in the same place again. I concluded he must take it when he went with things, as it was too large to take in his pocket; I told him to take a basket round to the warehouse; but I sent him first to fetch down a glass, that I might be satisfied the parcel was there; then he came down again: I observed him take the basket on his shoulders, he went to the door, he returned from the door, and he went to the place where the parcel was. The back part of our house comes into Blackfryers, into Pilgrim-street, he lodges in the Broadway, Blackfryers, opposite our warehouse; I followed him and brought him back, I took the parcel out of the basket myself, and sent for a constable immediately; he denied it, and said he knew nothing of it. We asked him if he had any tobacco in his lodgings, he said no: we searched, and found about twenty-six pounds weight in one bag, and two or three pounds in another. (The parcels of tobacco produced.)

Court. Have you any opportunity of knowing where that tobacco was taken from? - This was in the back shop, and not tied up as it is now; it is sealed up by the constable, there is T. B. upon it: the value of it is at least 7 s. it would be worth more if he was to sell it; nobody was in the back shop at the time the tobacco was taken away, but the prisoner and myself.

- MARTIN sworn.

On the 21st of September I was sent for to Alderman Sainsbury's, they gave me charge of the prisoner at the bar for stealing some tobacco; I took him to the Compter; I said it would be proper to search his lodgings; we went in, it was dark; his wife and a man were just come in; I was in the room almost as soon as they were; the woman went to the fire-place to light a candle, and the man said, has Richard parted with any more since I was here last? I said, how do you do, Mrs. Sewell? does not your husband work at Alderman Sainsbury's? Yes, said she; I said I must search your house; and accordingly I searched, and in a closet I found this bag of tobacco secreted (a bag produced, about twenty-six pounds weight); I went to another place, and I found this loose

shag tobacco (a small parcel produced); I opened his box, and in his box there were four papers made up with Mr. Sainsbury and Langford's name on it, and two rolls of pigtail.

PRISONER's DEFENCE.

This tobacco was my allowance that I had every night since last Christmas; it is a rule in the trade to give us an allowance; five pounds twelve ounces I bought; and sometimes I got double that allowance.

Mr. Baldwin. We generally give half an ounce of cut tobacco of a night for them to smoke, to prevent their stealing any; but this does not appear to be that tobacco; this was as it came from the mills, without having the dust taken from it; in the state it is in now we never give it.

Court. How long has he worked with you? because if that allowance had been scrape d up for a number of years, it might have amounted to that quantity.

Court to Prisoner. What do you say to the parcel? - I know nothing of it.

The prisoner brought four witnesses, who all gave him a good character.

GUILTY .

Transportation for seven years .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-28

639. MARY HOLFIN was indicted for feloniously stealing on the 14th of September last, five linen shirts, value 5 s. three dimity waistcoats, value 10 s. two jean waistcoats, value 9 s. one pair of silk knit breeches, value 5 s. one pair of linen breeches, value 2 s. seven linen stocks, value 10 s. one pair of silver shoe buckles, value 20 s. one pair of stone knee buckles, value 5 s. one base metal watch, value 30 s. one base metal seal, value 1 d. one base metal chain, value 3 d. one piece of foreign silver coin, called a dollar, value 4 s. 6 d. and nineteen shillings in monies numbered, the property of David Nunes Cardosa , in the dwelling-house of John Madan .

DAVID NUNES CARDOSA sworn.

I was coming through Widegate-alley the 29th of last August, and in the middle of it the prisoner stopped me, as she was going up a few steps into the house, it was from three to four in the afternoon; she had a cup and saucer in her hand; she said I believe I know you, I want to speak to you; I said I believe you have the advantage of me, I am lately come from the West Indies; she said will you walk up? I did; there was another woman who went out; she asked me to drink a dish of tea, I was going home to dinner, but by persuading I did drink a dish of tea with her, and she asked me a question which I thought was not very genteel; and I said I could not stay now, I would call again in the evening; I gave her 6 d. and called again in the evening, and then there was another woman in the apartments; she said she is not within, but she will return in a few minutes; I staid about eight or ten minutes, and the prisoner came in; she said will you give me a glass of gin? I said, young woman I am not used to drink gin, but if you chuse any I will give you some, and I gave 6 d. to the other party; in the mean time she asked me a favour, and I thought it was not very genteel; I told her I was not that way given, I was lately come from the West Indies, but if she would chuse to alter her condition in life, I would take a private lodging to take her out of that bad way of life, to take care of my little property; I gave her a shilling to keep her at home that evening, and away I went; I came the next day, and she was at home, and we went to get a furnished lodging, and brought what few things I had into the apartments; we lived there to the 14th of September: in the morning I awaked between six and seven, I missed the prisoner, and looked round where my watch hung, and that was gone; then I got up, and I went to put on my shoes, I then missed my buckles and my stockings, I wear two pair, coming from a hot country; I went to my

chest in the room, and I missed all my linen and every thing I had in the apartment; I put on my clothes, and my purse, in which was a dollar and nineteen shillings in silver, was gone; my purse was found on the prisoner; she was very intimate with a neighbour in the next room, I knocked there, the husband came, I said is your wife at home? he said no; I went to the house where I first saw the prisoner, and I asked, whether she was within? a woman said no, but two women has been here, and one had a bundle; I went home again; I asked what to do; he said there was an officer next door, better call to him; between nine and ten in the morning the officer and myself was standing at the street door, the lodger's wife came in, and I followed her, and gave charge of her on suspicion; she said I will tell you where some of your property is; she took us to the pawnbrokers, there I found several shirts, handkerchiefs and stockings, and stocks and breeches, and one article or another; they found the prisoner in Cock-lane, Smithfield, on the 17th; the two pawnbrokers are here; the prisoner said, when she was taken up, for God's sake do not hurt me! I said you did not think of that when you took my property away from me.

JOHN NIGHTEN sworn.

I am journeyman to Mr. Masters in Holborn, on the 14th of September I took in a metal box watch with a silver outside case, for 12 s. of the prisoner at the bar: I never saw her before; I know she is the same person; I saw her after that; she came to sell the watch, I said it would not suit me.

Court. When did she come to sell the watch? - I cannot say whether it was one day or two after she pledged it, I took very particular notice of her person because we always do; she said she lived at No. 17, Brooks-street, Holborn; I said it would not suit me to purchase it. (The watch produced.

Court to prosecutor. What sort of a watch was yours? - It was a pinchbeck box, and the outside case silver, I do not know the number nor maker's name; I bought it at Jamaica; I had a main spring put in at Plymouth; you will find the maker's name in Plymouth, I never took so much notice; I cannot read very well; the nob of it is decayed, and you must push it very hard before you can open it.

(The watch deposed to by the prosecutor.)

JOHN HARRISON sworn.

I have various articles, shirts, stockings, breeches, waistcoats, &c. I took them of the prisoner between the 1st. and 14th of September; the prisoner pledged a handkerchief with me for 8 d. she asked me for trust, I told her it was not customary to give trust, but if she had a mind to leave any thing it would answer the same purpose; she said I am surprized you should doubt my word; I said you are a stranger to me, I neither know Mr. Cardosa nor you: she pledged it for 8 d. and laid out 7 d. in the shop, the greatest part of the other things were left for the same purpose, the prisoner particularly observed to me, that she did not wish to trouble Mr. Cardosa for money; she would pledge things for breakfast; these things she said were for common necessaries.

Court. Did you give her necessary articles for these things? - I have not taken in a single article but what was for the common necessaries of life.

Court to Cardosa. What did this woman and you live upon, during the time you were at this lodging? - Every morning I gave her a shilling or two, or eighteen-pence, I have my friends where I put up at, in St. Mary Axe.

Court to Cardosa. Upon your oath did you supply this woman with money sufficient to keep the house? - Yes, besides washing my things, I have given her 2 s. at a time to hire a person to assist her in the washing; I used to allow her a shilling or 18 d. when I went out in the morning, I did not come home till nine or ten in the evening; the things are my own property, here is not a quarter of them.

(The things deposed to.)

PRISONER's DEFENCE.

Before I met this man, my husband and I had a few words, I met the prosecutor, he followed me home, he asked me if I lived there, I said yes, I asked him to drink tea, he said he would call again, he came in the evening; I told him my husband and I had had a few words, and I agreed to live with him; he came the next day and he asked me to take a lodging, and I did not chuse it without he was present; we took an apartment of Mr. Manning, I found he could not support me with necessaries; he would not allow a support, he said he did expect to receive some money, but being rather short, I was welcome to pledge any thing; I pledged these things at Mr. Harrison's; he partook of the whole, the prosecutor came home and said he was short of money, and bid me take the watch and pawn it for two guineas, I thought it very hard to be destitute, and I would not give him the money I pledged it for; when he found I was gone, he took the opportunity of swearing against me here.

Court to Cardosa. Whose house was this that you lodged at?

- MANNING sworn.

They lodged at my house.

Court. Who is John Madan ? - That is a wrong name put in by the officer.

Court. How long did these people lodge at your house? - The woman a fortnight, and the man a month; they lived as man and wife, they took the lodgings as such.

Did he supply her with necessaries and money for housekeeping? - I am unacquainted with that I assure you,

Court. What did you call this witness to prove, young woman?

Manning. The prosecutor lost his watch that he bought in the West-Indies, and he bought this watch in London, I heard him say so.

NOT GUILTY .

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

Reference Number: t17821016-29

640. MARY PEARCY was indicted for feloniously assaulting John Goodluck , on the 13th instant on the king's highway, and putting him in fear and danger of his life, and taking from his person and against his will, two pieces of the gold coin of this realm, called guineas, value, 2 l. 2 s. one other piece of the gold coin of this realm, called half a guinea, value 10 s. 6 d. one bath beaver great coat, value 8 s. one linen neck cloth, value 18 d. one silk purse, value 2 d. and 6 s. in monies numbered, the property of the said John .

JOHN GOODLUCK sworn.

The prisoner at the bar, and Mary Bird (who cannot be found) robbed me the 10th evening of this month, about a quarter before twelve, in Cable-street, St. George's , of two guineas in money, in a purse, and some silver; one of them took me against the wall by the throat; they took me out of a publick house.

Court. How could they do that? - I will give your Lordship a reason why, I went to the publick house for lodgings, being belated, and rather a little in liquor I do not disown; the landlord granted me a lodging, the watchman went with me, I was granted a bed by the watchman's civility, and by the landlord's good nature to myself and to nobody else; I gave the watchman a dram, I pulled out my purse, and changed a shilling to pay for the glass, and the bed; presently after this the watchman went out, I put the purse in my pocket and sat down; this woman and the other came and sat down along side of me; the landlord said that man does not want you; in a few minutes the landlord went backward, and they fastened upon me, one under one arm, and the other under the other, and drew me bodily into the street.

Court. Nobody but the two women were left in the room? - Nobody that I know of.

Court. How came you to let them take you out into the street? - I own I was something in liquor, and I had not the power

that I should have at another time; they overpowered me, I struggled, they drove me up an alley and they took my purse.

Court. Why did not you call to somebody? - I had not strength enough to resist them.

Court. Had you no tongue to cry out? - I did cry out.

Court. The landlord was only gone to draw some beer, why did not you cry out in the house? - I suppose I did, but the landlord was not come out of the cellar; when they got me out, they drew me up a street about forty yards; one held me, and the other held my arms back; and they picked this pocket first, and my two waistcoat pockets, and my coat pocket; they took my handkerchief, and my neck cloth; and then they took my great coat, it was a brighter than this.

Court Could not you resist their taking off your great coat? - No.

You must have been totally drunk? - No.

You must have been very much in liquor, can you venture on your oath to relate what passed with certainty, when you was so much in liquor, can you remember what you had in your pockets? - I would not swear to 6 d: or 1 s. but I can remember as far as that, I know what money I had.

How do you know you did not drop your purse at the bar; was your purse ever found? - No, nor none of the property.

What was in your purse? - Two guineas and a half in gold, and I did suppose about a dozen shillings in silver, but I would not swear to 1 s. or 6 d. I got away from them some how, I do not know how, but in my fright I got away to the same house the next morning, where the watchman brought me.

Court. Did you go to the same house directly? - I do not know how far I went about in my fright, it might be four o'clock when I got there.

Court. You was not above forty yards off? - I went sometimes one way, and sometimes another.

How do you know the prisoner was one of the persons? - I know she was, I have seen her more than once before.

Were you acquainted with her before? - I never was, I have seen her often in that lane.

Did you know her name? - Her name is Mary Pearcy .

What is the landlord's name? - Richard Ready .

RICHARD READY sworn.

Do you remember this man being in your house? - Yes my Lord, about eight o'clock on Tuesday night he came in with another woman, he sat there for about an hour, he asked for a lodging, he said he wanted it only for himself; the maid said he might: the woman he came in with went out and he followed her. He came in about a quarter after eleven, and the watchman along with him; I was going to bed, the watchman knocked at the door for a glass, and asked me if: I could let the man have a lodging, I said he was here before; this young woman (the prisoner) and another just came in before; and he treated the watchman with a glass; this young woman asked him to treat her, he said he would, this young woman and another young woman sat down, nobody was in the tap-room but another young man, a lodger; they had a couple of quarterns of gin; I asked the man if he was going to bed, he said he was going home; he called for another quartern, he changed a shilling, he had a bag with about four or five shillings, I saw no gold; he put the bag in his pocket; he put his hands round one of the women's necks and kissed her; I went backward to draw some beer, and when I came back he was walking arm in arm with the two women; I looked after him, and he was about two hundred yards from the house where this young woman lodged; the next morning he came to my house without a great coat; says I where is your great coat you Sir? says he I was robbed of it, says I, I suppose you left it for your lodging, he said he did not know, he could not tell where he was robbed; this young woman and the other passed by, says I, there is the

two young women you was with last night, that young woman had a bundle in her apron, he followed the woman, and it was a black gown and petticoat instead of his coat; he was in liquor over night, but he was sensible of what he was doing, he never cried out; he went willingly out with the women.

NOT GUILTY .

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

Reference Number: t17821016-30

641. THOMAS JOSEPH and RICHARD THOMAS were indicted for feloniously assaulting Mary the wife of Joseph Pullen , on the King's highway, on the twelfth of September last, and putting her in fear, and taking from her person, and against her will, one silk handkerchief, value 2 s. the goods of the said Joseph Pullen .

MARY PULLEN sworn.

I live at No. 12, Bell-yard, Temple-bar, my husband is a tailor by trade; I lost my handkerchief in Water-lane, Whitefryars on the 12th of September, past ten at night; two men followed me out of a public-house, one said damn my eyes, whip the handkerchief off her neck, it is a nice handkerchief; and with that he took me just by the two shoulders, claps his knee against my back, and got me quite down to the ground, and took the handkerchief off my neck; I got up as well as I could, and cried out Stop thief! the other struck me, I collared him, and told him I would lose my life before he should go; I got him into the house, and an officer was sent for, the prisoner Thomas was the man that I brought in, the other man ran away, and the officers found him the second day, they took him on the Friday; Joseph is the man that took my handkerchief off my neck, I collared the little man, the tall man ran away that took my handkerchief off, the short one I secured. I never got my handkerchief again.

JOHN BOLTON sworn.

I was constable of the night, about ten or eleven I was sent for to take charge of that gentleman in the red waistcoat, I asked him what he had been about, he said my partner has been about somewhat, he has got a woman's handkerchief; he said he only told him to smutch it: this is the account they gave themselves, they cannot deny it. That chap I took to the compter, the other I took him along side his cart, he said, I was fuddled, I took to the handkerchief off undoubtedly, but says he, I do not know what I did with it, but if I could find what I did with it, I would give it to the woman again; he acknowledged his having it, but he said he did not know what he did with it.

Jury. Who gave you intelligence where to find this man? - I knew the man very well when I found who he was, there is never a neighbour but what knows him, he is well known I assure you; the handkerchief was never found.

PRISONER JOSEPH's DEFENCE.

I went into the public house, and had a pint of beer; this woman came in, and forced herself into our company; after some time she seemed to appear like a girl of the town; she was to go out of the door, and I was to follow her; then she pretended she had lost her handkerchief; the next morning I was taken as I was coming up on my own business; I knew nothing of it; I have no friends in the world.

PRISONER THOMAS's DEFENCE.

This woman was very much in liquor; she shoved me in the box, and bid me sit further, she bid the man follow her out; he went after her; I went out to make water, and when I came in again she charged me with a constable; I have no friends.

Court to Bolton. Was the woman in liquor? - Not in the least.

THOMAS JOSEPH , RICHARD THOMAS ,

GUILTY , ( Death ).

Court. I dare say you two had no notion

that you were running the risk of your lives; you are committed capitally for this drunken violence of yours: I hope people will take care not to be guilty of such little things as these are: I tell you freely now, I shall recommend you as objects of mercy; but your characters, I am sure, are bad, by what this man has said; therefore the utmost that you can expect is to be sent abroad.

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17821016-31

642. HYAM LEVY was indicted for that he having in his possession a certain bill of exchange, dated Birmingham, July 19, 1782. and signed by one Charles Young , directed to George Welch , Thomas Rogers , and John Olding , by the name and description of Messrs. Velch, Roger and Co. for the sum of ten pounds and ten shillings, to Henry Lewis , or order, three months after date, for value received, feloniously and falsely did forge, make, and counterfeit, and cause and procure to be forged, made, and counterfeited, an acceptance in writing, purporting to be the acceptance of the said John Olding , for and on the behalf of him and his partners , in the letters and word following,

"Eccepted J. O." with intentions to defraud James Chater and Richard Chater .

A Second Count, for uttering the same, with the like intention.

A Third Count, for forging and indorsing the name of Henry Lewis thereon, on the 19th of September last, with the like intention.

A Fourth Count, for uttering the same, with the like intention, knowing the same to be false, fraudulent, and forged.

Mr. Fielding opened the case on the part of the prosecution as follows:

Gentlemen of the Jury. This is a charge of forgery against the prisoner at the bar, and you, in particular, need least of all men to be informed how important it is in this city to detect crimes of this sort. A bill of exchange, at least a paper bearing the appearance of a bill of exchange, supposed to be drawn by Charles Young on Henry Lewis , was in possession of the young man at the bar; he went on the 19th of September last to the house of Messrs. James and William Chater , who are jewellers, and live in Cornhill, he pitched on a pair of knee buckles, then he desired to see a watch, a watch was shewn him of the value of seven guineas, which he agreed to take, and the knee buckles, which were valued at two guineas; these he took, and he tendered in payment the note which will be presently shewn to you; this note being drawn by Mr. Henry Lewis or order, required his indorsement upon it; when the note was so tendered to Mr. Chater, he asked the prisoner if his name was Lewis; he said yes, and he would sign his name; he accordingly signed the name Henry Lewis in the presence of Mr. Chater, on the back of this bill: Mr. Richard Chater at this time was from home; when he returned he took this note, and on applying to Messrs. Welch and Co. he found they knew nothing of the drawer, and that this note was a manifest imposition: in consequence of this, he caused the necessary advertisement to be printed, and had it circulated the next day very early, and the prisoner was apprehended; for on the very evening that the prisoner obtained these goods he turned them into cash; he went to the house of Mr. Paris, a pawnbroker, and there he pawned this watch to this Mr. Paris, which he had allowed seven guineas for, for the sum of two guineas and a half: Paris, the pawnbroker, the next day seeing this advertisement, recollected the person of the prisoner, and the young man was apprehended. You see therefore, Gentlemen, this matter is very short so far; that he put off this note with intention to defraud there cannot be a doubt; for if he had known at that time, or had supposed that the note was really of the value it professed to be, he would certainly have got cash for it otherwise, than by applying in that channel to raise money so much under the value of the note. Gentlemen, it is your province to determine upon this case;

I shall call the witnesses who will prove to you, beyond the possibility of a doubt, that the prisoner at the bar is a person of the name of Hyam Levy, and that he signed the name of Lewis on the back of this note. The prisoner is likewise charged with the forgery of the acceptance of this note, which is supposed to be accepted by Mr. Olding, one of the partners, but as the marks on the note are excepted J. O. and the first letter appears to be more like an than an a, I take it for granted, an objection will be made by Mr. Sylvester, of counsel for the prisoner, that this does not altogether appear to be the word accepted.

JAMES CHATER sworn.

I am a watchmaker in Cornhill, I know the prisoner; on September the 19th, between one and two he came into my shop; and desired to know the price of some knee buckles which I had in the window; I shewed him several, and at last he fixed on a pair, value two guineas; he then asked me to show him some watches, I shewed him several; I then took down one which was capped and jewelled in my own name; he asked me the price, and I told him seven guineas; he said he would take that, and then pulled out of his pocket a note; I looked at it, says I, pray Sir what is your name? he said his name was Henry Lewis , and, says he, I will write my name on the back; I said, if you please, Sir; and then he took the pen and wrote Henry Lewis , I looking at him the same time: I asked him to let me put a key to the watch; he said there was no occasion for that, he had one at home; he asked me to give him change for the note, which I did, it was only a guinea. (The note produced.) This is the note, and this is the indorsement which the prisoner wrote on the back in my presence.

(The note read.)

No. 17, 10 10 s.

Birmingham, July 19th, 1782.

Three months after date pay Mr. Henry Lewis , or order, the sum of ten pounds ten shillings, value received,

Chas. Young .

To Messrs. Velch, Roger and Co. Bankers in London.

Eccd J. O. Idorsed Henry Lewis ,

After he was gone with the watch and the buckles my son came in, I desired him to go to Welch and Rogers's, to know if the note was a good one; I did not see the young man again till I saw him in Bow-street.

Had you an opportunity of knowing what his real name was? - He declared before the Justice that his name was Hyam Levy.

Prisoner's Counsel. When this note was first tendered to you did you look at it? - I did.

Did you know such a house as Messrs. Welch and Rogers? - Yes.

Then did not it strike you as very odd that a note should be drawn upon Mr. Velch with a V, and Mr. Roger? and another thing here is wrote accepted instead of accepted; the name nor the acceptance did not answer: the name, J. O. is like a T. instead of an J. did any of these things strike you? - No, they did not then.

You thought it was a bill drawn on them? - Yes.

How far off do they live from you? - The corner of Finch-lane, and I live at No. 14, Cornhill; I had nobody with me, I could not send any body.

No, but you could have read; this young man bought some goods of you? - Yes, Sir.

Did you desire him to write his name? - No, Sir; he wrote his name voluntarily of himself; I asked him his name; he said, shall I write it at the back? I said, if you please, Sir.

Did he tell you where he got this note? - No Sir.

These blunders in the note did not occur to you? - I was so well satisfied with the knowledge of the house, I did not mind them particularly, it was the name that struck me more than any thing else.

That is the found of the name, for the name is not any thing like it.

RICHARD CHATER sworn.

I am the son of the last witness, my father delivered to me a note when I returned, (the note shewn him) this is the note, I went to the banking-house of Messrs. Welch and Rogers, and when I went there I tendered it to them, to know if it was a good one, they said it was not; I told my father, and as soon as possible, I got bills distributed describing the goods that had been sold at our shop, and the person to whom these goods had been delivered.

Counsel for the prosecution. I apprehend Mr. Sylvester will object to my examination of Mr. Olding, because he is one of the partners.

JAMES BRANDFORD sworn.

I am a clerk in the bank of Messrs. Welch and Rogers, Mr. Olding is a partner there.

How does Mr. Olding sign the acceptance of a note? - He writes A, double c and a d at top and I. O.

Court. You are sure it is A, double c? - Yes my Lord, (looks at the note) this note is not Mr. Olding's acceptance.

Is it the acceptance of any person in your house? - No, it is not, there is none of the gentlemen accept in that manner.

Prisoner's counsel. You do not accept bills but what are drawn on your house? - I cannot answer that.

That bill is not drawn on your house, it is drawn upon one Velch and Roger, you would not suppose this to be Welch and Rogers! - It is not their name.

Mr. Olding does not write accepted on a bill? - No Sir, he knows business better.

SAMUEL READSHAW sworn.

I live with Mr. Paris, pawnbroker, in the Strand, I know the prisoner; on the 19th of September, in the evening, he came to pledge a watch, I have the watch here, he pledged it for two guineas and a half.

The watch produced and deposed to by Mr. Chater, senior.

Prisoner's counsel to Mr. Chater. This young man never described to you who Messrs. Velch and Roger were? - No Sir.

He left it to you to make a conclusion who they were? - Yes Sir.

Mr. Sylvester. My Lord, in this case, the prisoner tendered a note, clearly in the name of Velch, Roger and Co. bankers, in London, not describing who these bankers were, or where they lived, or that they meant the house of Messrs. Welch, Rogers, and Olding; but tendering this bill to Mr. Chater, as a bill of Messrs. Velch, Roger, and Co. who this Mr. Velch and Roger were, he does not say; that is the imagination of the holders of the bill, and of the bankers: the bill has no one mark of the house about it; Mr. Olding, it is proved, by Mr. Brandford their clerk, writes accd. and not accepted, therefore, I submit to your Lordship, there is at present no evidence to say, that the prisoner, at the time that he offered the bill, meant this house of Welch, Rogers, and Co. it might mean any body else. There is likewise another part of the indictment which states this a forgery of an acceptance in this manner,

"that he did

"willingly act, and assist in falsely making,

"forging, and counterfeiting on the said

"bill of exchange, an acceptance in writing,

"purporting to be the acceptance of the

"said John Olding ;" whereas it should have been

"an acceptance of the said bill of

"exchange, in writing, purporting to be the

"acceptance of the said John Olding , for,

"and on the behalf of himself, and the said

" John Welch and Thomas Rogers .

Court. What do you say to the last count? That is the forgery of the indictment, indorsing his name as Lewis, when his name was Levy. I remember that case extremely well saved by myself at Leicester, and it came before all the judges.

Mr. Chater. I took it that the prisoner's name was Lewis.

Court. Did you know him before? - No.

Do you know what his name is now of your own knowledge? - By himself, he said his name was Hyam Levy.

Court. The case I mentioned just now, which was saved by me, and determined by all the judges, was this: A bill was in truth stolen out of a tradesman's pocket at a fair, and when he came to Derby, the person that stole it, wanted to negotiate it by the purchase of a horse at an inn, where he went; he wanted to put off this bill, (it was either a Liverpool or Manchester bill, I cannot tell which) and he applied to the landlord, he said, I cannot give you the money, but I will go to the bankers. He went without the man, the bill-holder; the bankers knew him exceedingly well, they said will you indorse this bill as your property, he said, he would go and fetch the man; he took him with him to the bankers: the bill was payable, if I mistake not, to John Williams : the bankers asked the man what his name was name was, and he said John Williams , and he indorsed the bill John Williams . They would not have taken it without the indorsement of the real name of John Williams ; his name was, for instance, George Nares , or whatever it might be. He was indicted before me for publishing a false bill of exchange, as a true bill of exchange. I believe he was executed; but the judges were all of opinion, that he was guilty: for the man advanced the money upon the supposition, that the man who wrote the name, was really John Williams.

Prisoner's counsel. In that case there was a man who proved that he was the real John Williams .

Court. They never shewed who John Williams was; it was a double deceit: you personate the real drawee of the bill, if you say you are the real drawee of the bill; I give the credit to it.

Court. As to your other point of the acceptance, if there be any thing in it, it is an objection to the form of the indictment, but not an objection now; you can only apply it now as a question to the Jury, whether a bill drawn by Velch, Roger, and Co. shall import to be a bill drawn by Welch, Rogers and Co.

Mr. Fielding. The bill on the face of it states Velch, Roger, and Co. Bankers.

Court. The bill really seems as if calculated to deceive, it may be taken for Welch in the first instance, and there is a very material thing in the V, as if there was another stroke to make it a W. I did not know at first when I looked at it, whether it was Velch or Welch. Whether it is not sufficiently purporting on the face of it, to be a bill drawn on Welch, Rogers, and Co. and whether any man taking it in the course of trade, would not consider it as such a bill.

Court to Prisoner. Would you say any thing for yourself?

Prisoner. I leave my defence to my counsel.

ABRAHAM VANSANTEN sworn.

I am a clerk to Mr. Solomon Gompertz , and have been with him thirteen years; I have known this young man from his infancy, many years; his character has been such, that he has had of me, and Mr. Gompertz, several drafts and cash to the best of my knowledge, but many drafts in my own name, and also for Mr. Gompertz, I never heard any thing dishonest of him, but quite the contrary; his uncle who was very well known for his honesty and integrity, as a diamond broker; as well as Mr. Gompertz as a diamond merchant, have entrusted him with parcels of diamonds to a considerable value, and never made any scruple to trust him. Mr. Gompertz is an ailing man or he would have been here himself.

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

GUILTY , ( Death .)

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

Reference Number: t17821016-32

643. RICHARD STEPHENS was indicted for feloniously assaulting James Haskins on the 17th of September last, on the king's highway, and putting him in fear, and feloniously taking from his person, one half crown, one six-pence, and twelve copper halfpence, the monies of the said James .

JAMES HASKINS sworn.

I was coming from Edmonton Statute the 17th of last month, between nine and ten in the evening, I was overtaken by a man between the Bird-Cage and the bottom of Newington ; a man hit me over the head, I turned round and asked him what it was for; I had been down to sell oysters at the fair; instead of giving me any answer, he repeated the blow, which I received on my right hand, and then I made a blow at him, and knocked him down; this man was dressed in black, about my own heighth and size; I saw the prisoner at the bar, at a distance coming up to me, I thought he had been coming to my assistance, and I thought to tell him what had happened; he drew a cutlass and cut me over the nose, he cut a piece right out of my nose, and cut out a piece as big as the top of my little finger, then he struck me again, and cut me over the hand; I made a blow at him, then he cut me over the lip, cut me into my teeth, clean to my teeth, quite through my upper lip; the man in black got up, hit me over the forehead, knocked me down, and broke my head very much; then they both beat me exceedingly, one with a stick, and the other with a cutlass, till my senses were quite gone; I could hardly move my arms for several days, I was left for dead; some kind friend whom I know not, picked me up, they carried me to a publick house, I cannot tell how long I lay.

Court. Did they demand your money? - No Sir, they turned me round on my face, tore my apron, and picked my pockets of sixpence, half a crown, and some halfpence, and a knife; I am sure I had that money in my pocket.

Did you perceive them riffling your pocket? - I am sure it was one of the men; I laid as still as possible, for fear they would quite kill me.

How soon after was this man apprehended? - The next Monday, this was Tuesday.

Where were you taken to that night? - I was taken to some publick house, I cannot say what; I live at No. 28, in Skinner-street. I bled all night; I applied to the dispensary in Primrose-street, and was cured. On Thursday after the robbery, I gave information to Mr. Wilmot's office, and came on Monday to look at the prisoner at the bar, I knew him directly, he knew me; I had seen several before, but they were not the men; I was sent for several times before; I should know the prisoner from a thousand: the first thing I accused him with was, that he had not the same waistcoat on last Tuesday night which he then had, he said he had not: I told him he had the same coat on, he said he had, which was a light drab coloured coat; I charged him with cutting and wounding me, he said I was mistaken; he said he was with his mother and sister that night, at a publick house in petticoat lane, from six o'clock till ten.

The remainder of this Trial in the Fourth and last Part, which will be published in a few Days.

Reference Number: t17821016-32

HODGSON's SHORT-HAND TREATISE, Price 2 s. 6 d. with an Explanatory Copper-plate, to be had of J. WALMSLAY, and S. BLADON.

TRIALS, &c. taken with great Accuracy by E. HODGSON, Writer of these PROCEEDINGS, No. 35, Chancery-lane.

N. B. SHORT-HAND taught on an improved Plan.

Reference Number: t17821016-32

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 16th of OCTOBER, 1782, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Hon. Sir William Plomer , Knt. LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT HAND BY E. HODGSON, and Published by Authority.

NUMBER VIII. PART IV.

LONDON: Printed for E. HODGSON (the Proprietor) And Sold by J. WALMSLAY, No. 35, Chancery Lane, and S. BLADON, No. 13, Pater-noster Row.

MDCCLXXXII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Richard Stevens .

Did you charge him with robbing you too? - I did, I told him I was robbed by one or the other; I told him he was the man that cut me, which as there is a living God he was; he was ordered again for examination on Wednesday, then he brought several gentlemen to prove that he was at a publick house, the St. Luke's Head, raffling for pigeons that night; I think the house was the St. Luke's Head, the corner of Bunhill-row; that being the case, the Justice told them, if they were to swear that he was on the other side of the water, he should commit him.

Court. What sort of night was it? - It rained very hard about a quarter past eight, but at the time I was robbed, the moon and stars shone exceedingly bright; the moon shone right in his face, and the stars shone very bright.

How long might you have an opportunity of observing the prisoner before he came up? - About half a minute; I supposed him to be a friend, I saw him as plain as I can see you this moment; I knew him again by his fluttering, which is very remarkable, and I had spoke of his stuttering to several people before he was taken.

Court. Did he speak that night? - He spoke in such imprecations, such wicked oaths, that I could not, in the face of God, and you Gentlemen, repeat them; they beat me like a stock-fish.

Court. Then upon the whole are you sure that this is the man? - As sure as I am a living man; there was nothing found upon h im.

Prisoner's counsel. It was half past ten when you was used in this manner? - No, half after nine.

You say it rained a good deal previous to this attack upon you? - Yes.

How long do you suppose the moon had been out before you was attacked? - I cannot say to a few minutes, but it was out then; I was robbed at the bottom of Stamford-hill.

How far is that from Whitecross-street? - I never measured the ground; it may be a mile and a half, or it may be two miles.

Court. It is a great deal more than that.

Jury. Was it beyond the turnpike to Tottenham? - It was just below the Birdcage on Stamford-hill.

Jury. Then it is about two miles and a quarter, or two miles and a half.

Court. Where is the person that took you up? - I do not know who they are.

Court. Why did not you bring the landlord of the house? - I do not know what house it was.

Was you sober at the time? - As sober as I am now.

Prisoner's Counsel. The knife that was taken from the prisoner was not your knife? - No.

Was any thing taken from the prisoner that was yours? - No, Sir.

JOHN CAHUSAC sworn.

I am apothecary to the Dispensary; on the 18th of September, between seven and eight in the morning the prosecutor, Mr. Haskins, came to me, and told me the story of his being used very ill; he had a wound at the top of his nose, another at the upper lip, at his hands and breast, and different parts of his arms, and about his shoulders, and he bled much; I gave him proper medicines, purgative medicines and embrocations; and by persevering in this way he was perfectly well; he appeared to me to have lost much blood, I cannot pretend to say how much; he then told the same story; his wounds were not dangerous; I was present at the second examination; I did not hear any thing about the coat and waistcoat; I can only observe, that the prisoner at the bar brought a number of witnesses, respectable appearing men, decent tradesmen, to prove an alibi.

PRISONER

I am as innocent as the child unborn; I know no more of it than any of you, Gentlemen; I have people to prove where I was at supper on the Tuesday night.

Witnesses for the Prisoner.

WILLIAM SMITH sworn.

What are you? - I am a boiler of sugar, I am not a house-keeper, I live with Mr. Black.

Was you at any time at the St. Luke's head, the corner of Whitecross-street? - On Tuesday the 17th of September I was there from half an hour past seven till half past nine, or near ten.

Court. How come you to remember it was on that night? - I had been to pay a little money down, and I had the receipt in my pocket, and I called there as I came back.

Court. How do you know it was that night? - I am very sure of it.

What makes you sure of it? - Because I am clear of it.

What leads you to the remembrance? - Nothing but that.

Where did you spend your evening the 13th of September? - There.

Do you spend the evening there every night? - No.

Where did you spend the evening the 15th? - I do not remember.

Where did you spend the evening the 18th? - I was there that night.

How came you to spend so many of your evenings there? - It is a house that I use, when I am not there I am generally at home of a night.

Can you give any reason for being sure it was that particularly Tuesday night? - Only paying that money.

Have you that receipt? - I sent it into the country; I am very sure it was that night.

Was the receipt dated on that day? - Yes.

Was the prisoner at the bar at the St. Luke's head that same night? - He was, he came in a little while after, about ten minutes after; I left him there.

Did he go out? - He never was out, not five minutes the whole time.

Was he in your company? - He was in the opposite box to me; but he must come past me if he went out.

Did you know him before? - I have known him about a year.

What is he? - I really do not know, I only saw him there; I have heard he was a a plaisterer.

Who was he in company with? - Six or seven of the gentlemen that are here were in company with him; he was in company with one Mr. Irons, a watchmaker, and one Mr. Scott, one Mr. Buskin, one Mr. Littleton.

Who were in company with you? - One Mr. Buston was in my company, I left him there.

Did the other persons come in with him? - Some were there before.

Did any body come in with him? - I do not know.

Did you sup there? - We had two pints of beer.

Did the prisoner and his company sup? - No, not while I staid.

As the prisoner was not in your company, how came you to take particular notice of his being there? - Having known him before; I spoke to him several times.

JOHN LITTLETON sworn.

I am a watchmaker in Old-street, I have been a housekeeper in the parish eighteen years; I was at the St. Luke's head the 16th and 17th too; I went there on the 17th about seven o'clock; I was there the 16th on account of a lottery club that is held there; when I had been in about a quarter of an hour on the 17th the prisoner came in, I left him there when I went home; he was in a chair sitting on the outside of the bench; I never observed that he went out at all; they were going to supper.

Who else was in company with you? - There was one Mr. Waile, that is on board an Indiaman, and one Mr. Westcot; the prisoner set on the outside in a chair, there were several people in company with him, one Mr. Scott, and Mr. Buskins, and Mr. Smith, I believe, he sat at the same table, I cannot positively say.

Did you know the prisoner before? - No more then seeing him at this house; I have heard he was a plaisterer.

How was the evening employed? - When I first went in, a young fellow came in with a pigeon, he said, Is Stephens here? and said he promised to give him a pigeon; the prisoner came in, and he gave it him.

Court. Who was the young fellow? - His name is Isaac Swetman , he gave the pigeon to the prisoner, there were two pigeons.

Did the prisoner keep the pigeon all the time he was there, did he sit at the table with the pigeon, what became of it? - I do not know, I saw him when he came out, he was sitting in a chair when I left the house, I sat near him; I do not know that I spoke to him, he is very little of an acquaintance of mine.

JOHN IRONS sworn.

What are you? - I am a watch-maker, I live at No. 36, in Ironmonger-Row; I frequent the St. Luke's-head of an evening, on the 17th of September, I was there about seven, I left it at eleven, I was there all the time except about five minutes; I left the prisoner there when I went away, he was not absent five minutes, I was in his company in the same box, I supped with him.

THOMAS STROUD sworn.

I am a watch-case maker, at No. 12, Glass-house yard, Aldersgate-street, I know the St. Luke's-head, I frequent the house; I was there on the 17th of September, I went there between seven and eight, and left it half after ten; the prisoner was there while I was there, he came in about ten minutes or a quarter of an hour after I went in, and I never saw him out of the house to the best of my knowledge.

Do you remember any thing that passed during the evening? - Yes, we supped together off a pig's face, about eight, or thereabouts, Mr. Irons supped with us.

Do you know Mr. Littleton? - He was there, but did not sup with us.

Did you sup while he was there, or after he was gone? - It was while he was there to the best of my remembrance, I do not recollect that he was drinking with us.

Did any thing happen before supper? - There was a pigeon hustled for with some half-pence in a hat.

Who brought in that pigeon? - I cannot recollect, I do not know the young man's name, it was not the prisoner; the prisoner had a pigeon in his hand, but it was a dead one: whether the man who had the pigeon came in before him, or after him, I do not know.

To Littleton. If I understand you right, they did not sup while you staid? - I sat at another table, I do not know who was there.

THOMAS BUSKIN sworn.

I am a cabinet-maker, in Goswell-street, I am a house-keeper, I frequent the St. Luke's-head; I was there on the 17th of September, I left work about eight, and went there; there I saw the prisoner sitting on the right hand side close to the table, I did not leave there till very near twelve, I came out with the prisoner, he was in when I came in; he was once asked for, and was gone about a minute or two; he was not out the whole time except that to my knowledge, I came out with him, I sat about an hour before he joined company with me, I did not sup with him.

Did he sup there? - I was not in company with him at the time.

Do you remember any thing happening about a pigeon while you was there? - That was before I came in, I believe I was on the other side of the tap-room, talking with some other people; I have known the prisoner from a child, his father was a plaisterer: I do not know whether he is married or not.

THOMAS WESTON sworn.

I am a buckle cutter, a journeyman; I know the St. Luke's-head, I frequent the house, I was there on the 17th of September; I went there about eight, I staid till about a quarter after eleven; the prisoner was there all the time, I did not miss him five minutes.

RICHARD HALLOWLEY sworn.

I am a journeyman cabinet-maker; I was there on the 17th of September, I staid from eight till after eleven.

Was the prisoner at the bar there any part of the time? - He never was out above two minutes at a time.

WILLIAM HALL sworn.

I am a shoe-maker, I was at Wilson's, the St. Luke's-head, on the 17th of September, between seven and eight, and staid there till almost ten; the prisoner was in company, he never was out five minutes in the course of the whole night.

EDWARD SCOTT sworn.

I am a master shoe-maker in Bishopsgate street, I frequent the St. Luke's-head some times; I was there on the 17th of September from seven till half an hour after eleven; the prisoner was in my company, he was out no further than about five minutes, the full outside; the prisoner went there with me, he lives in Golden-lane, I have known him four or five years, we went in about seven together, there was John Hammond and Mr. Stroud, and John Irons , there might be some more I cannot say.

Was not it later? - No, no more to my remembrance, it might be a quarter after.

How do you know it was the 17th? - On Monday I was there and spoke to him, he asked me to make him a pair of shoes against Tuesday night, and he came to me in the forenoon, to know if they were done; I was in company all the afternoon, I believe the prisoner is a plaisterer, he is a married man, I believe he follows his business.

ANTHONY SPIERS sworn.

I am a weaver, a journeyman; I frequent the St. Luke's Head, I was there the 17th of September, about eight till eleven, the prisoner was there when I came in, and there when I came out; I believe he was not missing a quarter of an hour to my knowledge.

Court to Haskins. What was it the prisoner said the first time he was examined before the Justice? - I speak as in the presence of God and you gentlemen, I do not wish to tell a falsity; I told him he had not the same waistcoat on last Tuesday night, he said he had not; I said he had the same coat on, and he said he had; he said he was not the man that cut me and used me so ill; I certainly am sure he is the man; the Justice asked him where he was that Tuesday night, he said he was at a publick house in Petticoat-lane, with his mother and sister.

Court. Upon your oath did he say that? - Yes.

Court. Is there any body here besides yourself, that was present at the Justice's? - When he was brought up for examination on the Wednesday, he brought several gentlemen

that are here present; they said they were raffling for pigeons, and they had sheeps-heads for supper.

How came you not to bring any body that was present at the first examination? - I never knew any thing of these things before.

Court. Has Mr. Wilmot returned the examination.

Jury. With submission I should like to see Wilson the publican.

Court to Haskins. The first time of your examination was on the Monday, did you state particularly to the Justice what night the robbery was upon? - Yes Sir, I told him particularly it was Tuesday the 17th, about half past nine.

To prisoner. Is it true that you said before the Justice, that you spent that evening with your mother and your sister? -

Prisoner. It is all a falsity, I never said any such thing.

Court to prosecutor. It is very odd that you cannot recollect the house you was taken to the night you was robbed? - I cannot tell, I never was that road.

Did you go home by yourself? - I went home with several, but who I cannot tell.

Did not you desire to know any of the people that had been so kind to you? - I did the next day.

If you were able to go home, you were able to ask questions; whereabouts was it that you was taken to? - It was the first publick-house in Newington I think, but I would not take my oath of it; the gentleman was glad to get home, I suppose he was afraid of being in danger himself.

Court. After these people had come to the Justice's on the Wednesday, did you express after that any doubts about the man, or any concern about him? - No, I said, if it be so, I should be glad you should be acquitted, I said, if I thought I had swore wrong I would down on my knees and beg God and you pardon.

Jury. We should like to know of the landlord or landlady, whether these people used the house or not.

Court. This is a very important case to get at the truth of: this robbery if true, is an exemplary bad one, being attended with many circumstances of cruelty; that ought to make us the more careful, that the blame and the punishment may not fall on an innocent man. It is very extraordinary if so many men should come here to perjure themselves: I will send for Mr. Wilson the landlord or his wife, and also to Mr. Justice Wilmot's, and desire their immediate attendance here; I think it is a duty due to the publick. Let the officer take care that none of the witnesses go out of court.

(The court waited some time whilst Mr. Justice Wilmot, and Mr. Wilson were sent for.)

Mr. JUSTICE WILMOT sworn.

Court. Do you recollect when the prisoner was first examined by on the Monday what account he gave of himself, where he had been on the evening of the robbery? - I remember extremely well that he told me he was at his mother's house about nine o'clock that evening.

You have a perfect recollection of that? - I have.

Do you recollect whether he said where his mother's house was? - He told me it was some where near Old-street, but as to the name of the place he did not say.

Did he say any thing of having been in any company at a house the corner of Whitecross-street? - Whether he said so on the Monday when he was first taken, I do not recollect, any more than that he was at his mother's house, I then spoke to the prosecutor, and desired him to be very particular, and if he had any doubts on his mind that he would give up the prosecution, as the prisoner told me he lay at his mother's house; the prosecutor said, I wish I had doubts, but I have no doubts. There were eight or ten people came to prove an alibi, I told them it was nothing to me I must bind him over on a positive oath.

Court. The material point that stuck with the jury, was, what the prisoner was alledged

to have said, as to where he was on the evening of the robbery? - I believe he did not mention that he was at any other publick house; when he told me that he was at his mother's house about nine o'clock that evening, I was rather surprized when I saw so many people, apparently of reputation, come to prove he was in their company.

THOMAS WILSON sworn.

You keep the St. Luke's Head, the corner of Whitecross-street? - Yes Sir.

Have you any particular recollection of any company that spent the evening at your house on the 17th of September last, on a Tuesday evening? - Yes Sir.

Can you name any of the persons? - Yes.

Is there any thing particular that leads your recollection to that evening? - Nothing particular.

Was there any club on that evening? - On Tuesday night I have a benefit club, and a punch club.

Is there any thing that leads you to remember that Tuesday in particular? - Yes my Lord, there was a person had got a pigeon in his hand, that was dead, and I said, the cat has been among you, no says he, I brought it for Dick Stephens this evening; he was at supper off a pig's face.

What time did he come in? - I believe the time he was at supper was about half after nine.

What time did he go away? - I cannot say particularly.

Do you know any of the people by name? - There was one Mr. Littleton, one Mr. Irons, one Mr. Weston; they frequent my house; Littleton is a Watchmaker, Irons is a Watchmaker.

Do you know Mr. Buskins, and Mr. Stroud? - Buskins is a Cabinet maker.

Do you know Mr. Weston? - He is a Bucklemaker.

Do you know Mr. Halliwell? - I cannot say I recollect him.

Do you know Mr. Hall? - He was there.

Were you informed of the purpose for which you was sent for here, before you came? - I was above stairs, they told me I was sent for to the Old Baily, I was not informed at all.

Court. Mr. Wilson's evidence goes to the confirmation of the story told by the other witnesses, and to his knowledge of them, and their frequenting his house.

NOT GUILTY .

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

Reference Number: t17821016-33

644. WILLIAM CLARKE was indicted for feloniously assaulting Charles Flead on the king's highway, on the 20th of August , and taking from his person and against his will, three check aprons, value 2 s. 6 d. one cloth apron, value 9 d. one sheet, value 2 s. three linen shirts, value 6 s. one pair of thread stockings, value 12 d. one pair of worsted stockings, value 6 d. and one linen handkerchief, value 9 d. the property of Jane Fleed widow .

CHARLES FLEAD sworn.

How old are you? - Nine years the 9th of November.

Do you know what you are to do when you take an Oath? - Yes, if I tell false I shall go to a place called Hell.

Court. Before you swear him let me hear him tell his story that I may judge of his capacity, for I take it, there is no age whatever in which a child may not be sworn, where there is a capacity.

Charles Flead . On the 20th of August between three and four, I was carrying out a bundle of linen for my mother, she is a quilter , I do not know what linen it was, my mother knows; it was wrapped up in a large blue and white striped handkerchief; I was going down the bottom of New-King-street , by the steps, just as I crossed, I rested my bundle, and the prisoner at the bar asked us to go of an errand, he said he would give

us 1 d. and then 2 d. and then 3 d. to go to the Rising Sun in Drury-lane for a little long box, and we would not; then we returned up New King's-street to Drury-lane, just at the corner, William Pike , the other man; he was tried last sessions, took the bundle off our heads; there was Thomas Davis with me; this man told me not to be frightened, he had a note in his pocket where he lodged, and he pulled out a parcel of papers, and then he said he forgot the note, and he ran down Great Wild-street, and that is all.

Who offered you the 1 d. and 2 d. and 3 d? - That man at the bar, he had not the same cloaths on then, but he had them at the Justice's; a butchering blue jacket.

What do you know him by? - I know him by his face, I am sure that is the man; the other prisoner was taken the next night, this was taken up last Friday, I saw him at the Justice's last Saturday, I knew him again, Thomas Davis was with me; he is here.

Court. There is no doubt about the child's capacity, let him be sworn.

CHARLES FLEAD sworn.

On the 20th of August between three and four, I was carrying a bundle of linen for my mother, she is a quilter, I do not know what linen it was, my mother knows, it was wrapped up in a large blue and white striped handkerchief; I was going near the bottom of New King-street by thesteps, just as I crossed the way, I rested my bundle down at the steps; going down to the boot alehouse; the prisoner at the bar, William Clarke , his name is, came up to me, he came by his ownself at first, he said he would give us a penny to go of an errand into Drury-lane, to the rising sun, for a box, a little long box; he said it was very light; Thomas Davis was with me, he is not so big as me, but he is older; he offered us a penny, and then twopence, and then three-pence, and we would not: we returned up New King-street, and then we turned into Drury-lane, we went into Great Queen-street, and then William Pike snatched the bundle off our heads, and dodged us; Pike and the prisoner were together.

Court. What do you mean by saying he dodged you? - And then he ran down Great Queen-street, then Pike snatched the bundle off our heads, and away he ran down Great Queen-street, into Queen's Alley; then the prisoner said, stop my little lads; do not you he frightened, I have got a note where he lives, he pulled out a whole parcel of papers and looked them all over, and then he said he had not got it, and then, he run down Great Wild-street, that is all Sir. We never saw him again till he was taken, which was last Friday in Fleet-market; I am sure that is the man, I saw him the Saturday morning before the Justice, and I am sure it is the man.

Prisoner. Which of them was it snatched the bundle? - William Pike .

JANE FLEAD sworn.

That is your son? - Yes I sent him out with a bundle the 20th of August, the bundle contained three check aprons, three shirts, two boy's, and one man's; there was one sheet, one table cloth, two pair of stockings, one man's, and one boys; two towels, tied in a blue and white handkerchief, a check handkerchief; the other child came back, they went out a little after three; and he said they had been robbed by two sharpers, I said, I suppose you delivered your bundle for money; I always charged them never to deliver their bundle to any body if they offered them money: the child said the men offered them money to fetch a box, and he told me exactly the same story. I had information from the neighbours, that this man was one; I took my child first to the justice's, and I turned him into the open taproom, he said that is the man; he had the same cloaths on, he had a blue jacket on: I went and fetched the other child, he was gone of an errand, it was almost an hour, and the other child found him out directly, my child's face was covered, that he should not see it.

THOMAS DAVIS .

I am going on eleven, if I tell a lye I shall go to Hell, and burn in flames for ever.

Court. When you are upon your oath, if you say what is not true, there will be bad consequences.

Thomas Davis sworn. As I was going down King-street with Charles Flead , we rested the bundle at the bottom of King-street, it was on Charles's head, it was on the 20th of August last, about three in the afternoon, at the bottom of King-street on the steps; then Charles took it on his head, there was this man at the bar, and another, his name is Bill Pike ; he was here last sessions, the prisoner was eating oysters; Pike was in the house, and then this man called to this Pike, and he said here: and then these men offered us a penny, and then two-pence, and then three-pence, to go to the Rising-sun in Drury-lane, to fetch a little long box, he said it was very light; then we went to the bottom of Great Queen-street, and Pike took the bundle off Charles's head, and he said he would have it for nothing, and the prisoner said, stop, stop, I have a note, a paper in my pocket, and his direction where he lives, and then he pulled a whole handful of paper, and he pulled out a parcel of paper out of his pocket, and he looked them over, and said, oh dear! I have forgot the directions; and then he ran away; and he was taken up, I was informed on Friday; it was the day he was taken up that I saw him.

- MECHAM sworn.

I took the prisoner just by Union-Court, last Friday, I did not say two words to him, we took him to the round-house; the child immediately said that is the butchering-man; in about an hour's time, the other child was brought in, and he looked round, and said, that is the butchering-man.

PRISONER's DEFENCE.

Last Friday as I was coming up Holborn-hill, I met this gentleman and another man, one said to the other, that is him; I said what do you want with me; they said have you a mind to do any good for yourself? I said what do you mean? he said if you know of any foot pad robbery, or any thing that will fetch us any thing, we will let you go; they felt my pockets, I said do you want money, they said no; and they told me the same story when they took me up to the watch-house; then they said I have two bills I can bring against you: and the man said when the children came, says he, mind this is him.

The prisoner brought five witnesses who all gave him a good character.

GUILTY ( Death .)

Tried by the first Middlesex Jury, before Mr. Justice NARES.

Reference Number: t17821016-34

645. THOMAS NOWLAND was indicted for that he having been convicted of grand larceny at the last sessions, and ordered by the Court to be sent and transported to America for the term of seven years, was afterwards on the 8th day of October instant found at large within the realm of Great Britain, without any lawful cause, before the expiration of the said term of seven years, for which he had been so transported, against the form of the Statute .

(The record of the prisoner's conviction read.)

JOHN YOUNG sworn.

I know the prisoner. Owen and Pitt, two of the servants of Newgate, came and informed me that he had made his escape out of Newgate, and I was informed that he was at a staymaker's shop in Holborn, near Little Queen-street; I and some more went there, and went up stairs, and in the front room a person jammed the door to, and locked it; I immediately tried to open the door, and we forced it open; the prisoner was laying on the bed, and the woman he lived with was trying to conceal him as much as she could, covering him over with the clothes; he was

immediately brought to Newgate into the custody of Mr. Akerman; I am sure it was the prisoner that was found there.

JOHN OWEN sworn.

I was with the last witness, and found the prisoner in the one pair of stairs, on the bed, in the house the last witness mentioned; the prisoner's name is Thomas Nowland ; I was present at the last sessions, but when he was tried I cannot say, but when he received sentence I was present; there was no other Thomas Nowland brought up that sessions, and sentence of transportation for seven years to America was passed upon him.

Court. Then that is the same Thomas Nowland that you heard receive that sentence? - Yes; he had a pair of brown trowsers on when taken; I found him last Tuesday was a week.

GEORGE MEECHAM sworn.

I was present when the prisoner was found; he was upon the bed with a young woman, and she did all she could to cover him over to try to conceal him; we directly brought him to Mr. Akerman.

Court. Can any body give any account how he got out of Newgate? - Mr. Akerman. He got out in disguise, but the manner I cannot tell; he told me when he came home that he had a brown coat and a pair of trowsers on, and the turnkey did not know him; he was trying again last Sunday, and we stopped him at the gate; he had sawed his irons off.

PRISONER's DEFENCE.

I hope you will have mercy on me, and send me to Africa for life; I went out in my own clothes, and I did not cut my irons, I slipped them over my heel, my Lord; the door was opened for me; Mr. Pitt kept the door, he did not know it was me.

GUILTY , Death .

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

Reference Number: t17821016-35

646. ROBERT SIDEAWAY was indicted for that he having been convicted of grand larceny at the last sessions, and ordered by the Court to be sent and transported to America for the term of seven years, was afterwards on the 18th day of September last found at large within this realm of Great Britain, without any lawful cause, before the expiration of the said term of seven years, for which he had been so transported, against the form of the statute .

(The record of the prisoner's conviction read.)

GEORGE BURNEY sworn.

Do you know the prisoner at the bar? - By seeing him in Newgate.

Do you know his name? - Robert Sideaway .

Were you present at his trial at the last sessions? - No; on the 18th of September I was on duty at Newgate, I was sitting in the tap with the turnkey, John Pitt , William Compton , and Anthony Harrison , there came two or three boys to the door, they said they saw a prisoner go into a house with a fetter on; we three followed the boys to the house, but by some means Harrison lost his way, and Compton and me followed the boys to the door; we knocked at the door, and he came to the door in woman's clothes; the house was in Goldsmith-street; he had a green bonnet on, and a white bedgown and petticoat; I happened to know his face, and Compton and I seized him directly; he was sent back to Newgate.

JOHN PITT sworn.

I brought the prisoner back to gaol; after he was taken he got out of the passage going up to gaol.

Prisoner's Counsel. He was not carried back to gaol from here; he had his irons on when he was taken? - Yes.

Prisoner's Counsel. It is a cruel thing not to take care of them, because the inducement to escape is so natural.

WILLIAM COMPTON sworn.

I was on duty the 18th of September at Newgate; I pursued and was present when

the prisoner was taken, the prisoner is the man; I was not present at his trial or sentence.

ANTHONY HARRISON sworn.

I did not see the prisoner taken, I was not present at his trial, and when he received sentence; on the 18th of September at night, I was at Newgate; there was an alarm came that two prisoners had made their escape; I and Burney, and Compton pursued the prisoner, and I was not present when he was taken; I saw him after he was taken at the alehouse, the corner of Goldsmith-street, and he had no coat or hat on, and I brought him back to the keeper; he was then in custody without a coat or hat, sitting on the table.

JOHN OWEN sworn.

I believe I was present when the prisoner received sentence.

Do you recollect the sentence? - Seven years to some of his Majesty's plantations in America; I was present, this is the same man, there was no other Robert Sideaway .

Prisoner's counsel. Do you remember the terms of the sentence, in which it was pronounced? - I believe it was that he should be transported to some of his Majesty's plantations in America, for the term of seven years.

Was it not a part of the sentence, that he should be taken back to the place from whence he came? - No.

Prisoner's counsel. The difference between his case and a palpable escape is, that he never was carried back to the gaol; an escape from the gaol of Newgate, is a different thing to this man's, he never did escape out of Newgate.

Court. in the case of transportation, the carrying back to the place from whence they came, is no part of the sentence; if the transports should be ready in the river, the court would probably prefer that mode; the carrying back to gaol, is no part of the sentence: it is only to detain the person for the execution of that sentence.

Prisoner's counsel. He was taken with the irons on him and brought back, it is said for me to say, that he only varied the path to prison.

PRISONER's DEFENCE.

I am very sorry to give the court the trouble, I acknowledge I got through the hole, my irons was not off, I never had any intention, till I saw other prisoners go that have been taken since, and forgiven; even my irons were not off, and I had not so much as a knife about me; I never was out of sight, even people followed me into the house. My Lord, I beg for mercy.

GUILTY ( Death .)

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-36

647. THOMAS CONDON otherwise SMITH , and JOHN COLLINS were indicted for that they not being either of them persons employed in the mint of our Sovereign Lord the King, nor for the use and service of the said mint, after the 15th day of May 1697, to wit, on the 30th of September last, with force and arms, one mould made of sand, in and upon which was made and impressed the figure, resemblance, and similitude of the head side of the lawful silver coin of this kingdom, called a half-crown, without any lawful authority or sufficient excuse, for that purpose, knowingly, feloniously, and traiterously had in their custody and possession, against the duty of their allegiance, and against the form of the statute .

A second count. For having one other mould for a shilling.

WILLIAM MACKINDER sworn.

On the 30th of September, I cannot say exactly to the time, but it was a little after five, Dixon, Grubb, Macdonald, and me went to Irish court White-chapel ; Dixon went to the door first, and he had a hammer in his hand, the door was bolted on

the inside, he knocked the door in, and I went in first, and went up to the one pair of stairs room, where I found the prisoner Condon with a spray in his hand, with a pair of tongs; a large part of the spray was red hot: Dixon run in and said, damn you Tom, I have catched you at last; then he dropped the spray into his box where there was some sand; Dixon tied his hands, he made a great deal of resistance; we tied him with a handkerchief, and it was no more than a bit of pack-thread; and we sent for as much cord as would have tied a mad bullock, he was so strong and resolute: the other prisoner Collins was standing by him, he run into a closet, and we fetched him out; I saw nothing in his hand, but his hands were all over sand: I did not see him doing any thing, he behaved very well. Condon was very resolute, we were obliged to tie him again; he had his shoes off, and a pair of old slippers on, he begged for his shoes, but we would not let him have them, till after he was tied; his coat was off, and we took him to the office without his coat.

Did he appear to have been at work? - Yes.

Do you think so of Collins? - I do not know what to think of Collins, he had nothing in his hand, but his hands were all over sand. We found all the implements of coining, and aquafortis, and a flask, and fourteen pattern shillings were laying just by this box, and Dixon took them up. There was very little furniture, nothing but a few shelves.

JOHN DIXON sworn.

I went to the house in Irish court, Whitechapel, as soon as I had broken open the door, and went up stairs, I saw Condon standing at the window; (the lower door was both locked and bolted, I took the fledge hammer with me on purpose to break it open) and Collins was standing by him. Condon had the spray, and the tongs, and the knob of it was red hot, as red as a red hot bar of iron; I put the pistol to him, and said put it down, and make no resistance, if you do, I will shoot you; it was taken out of the flask with the tongs, he had hold of it with the tongs. Here are the candles which they use to smoak it.

Court to Jury. Gentlemen you may take the spray if you please, and just lay it down to the place to see if it corresponds.

Jury (after comparing it.) It corresponds exactly my Lord.

Dixon. We found the mould close by his feet, and the patterns were laying close by his feet, and the flasks were open as they are now, and quite hot; here is aqua fortis, flask, metal, and every thing that is used in that business: sand paper facings, and every thing: here is some metal which we found on a shelf on the further side of the same room; it is what they call virgin copper, I believe it has been refined in order to mix with silver.

Did you observe Collins at all? - I saw him standing by Condon; and there is a little room side ways, and he went in there, we fetched him out, we tied his hands; but we had a long struggle with Condon: Collins's hands were very dirty and sandy as if he had been at the business.

Court. But however you saw him do nothing, nor he had nothing in his hand? - No, my Lord I saw him do nothing.

Prisoner's counsel. You seem to be very conversant in this business of coining? - Yes.

You have had frequent experience in it? - Yes.

How came you first of all to suspect there were coiners in this house? - That is not a fair question.

You had your information from a woman. - No matter for that, it would only hurt your client if I was to tell you.

I believe there had been a little affection between the prisoner Condon and a woman, for whom you had a little affection, - No Sir, never, I have apprehended him several times.

Court to Dixon. These are all the instruments that are used? - Yes.

What is in that phial? - Aqua fortis.

How do you know? - I have tried it.

JOHN CLARKE sworn.

I believe you have about fifteen years been employed for the mint? - Almost Sir.

Look at these different instruments and explain the use of them to the Jury; begin with the flask? - These are the flasks that they are cast from.

Court. That is the mould we may call it? - Yes, it is squeezed down, and so leaves the impression on the sand, this is a composition of base metal, this is the spray that runs down in the middle, this has been a compleat mould, and there is no doubt but these have been run in these flasks; they are taken off from here and edged, and scoured, and put into aqua fortis, this phial is aqua fortis: a shilling is worth about two pence halfpenny or three pence, the half crowns about four pence halfpenny.

Is that a compleat apparatus for the purpose? - They are compleat, every thing is compleat here.

PRISONER CONDON's DEFENCE.

I leave it to your Lordships whether any gentleman will not take them for lawful sixpences or shillings or half crowns; this house was not mine, I was entrapped into the house; Dixon told me he had waited for me from Thursday until Monday.

Court. Your indictment is not for coining, for then you would have an a rgument that might be made of use to you, that is, that the coining not being compleated, the offence would not have been compleated; but for having tools and instruments in your custody proper for coining, the offence is just the same by act of parliament.

Prisoner Condon. I am just come from sea, I have no acquaintance; I have been informed in gaol, with respect to them flasks, no fine worker, nor no caster, can work without them; this house was not mine: these things should be done without see or reward, and not to have 40 l. to swear a man's life away.

Court. There is no reward on the conviction of coiners.

Jury to Dixon. Where was the fire in the room? - In the further side of the room.

You saw the fire? - Yes, and the crucibles all laying about the fire.

PRISONER COLLINS's DEFENCE.

I worked the same day very hard with a Bricklayer; I lodged in the same house three years; I have witnesses who promised to be with me on my trial.

Jury to Collins. How came you into that room, there was no bed in that room? - The house was out of repair.

Court to Dixon. Was Collins in slippers? - No, he had all his cloaths on, I did not see Collins doing any thing in the world but standing by the side of Condon.

Jury to Dixon. I understood you that this man's hands were all sand? - They were very dirty, it might be dirt.

CONDON GUILTY , ( Death ).

To be drawn on a hurdle to the place of execution.

COLLINS, NOT GUILTY .

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

Reference Number: t17821016-37

648. JOHN COLLINS was again indicted (with the said Thomas Condon , otherwise Smith) for that he on the 30th of September last, one piece of false, feigned, and counterfeit money and coin, to the likeness and similitude of the good, legal, and current money of this realm, called a half crown, falsely, deceitfully, feloniously, and traiterously, did counterfeit and coin, against the form of the statute .

A second Count. For coining a shilling.

ACQUITTED for want of prosecution .

Reference Number: t17821016-38

649. CORNELIUS BUCKLEY was indicted for feloniously stealing on the 5th of October last, one pair of black sattin breeches, value 40 s. two pair of nankeen breeches, value 10 s. one white marcella

waistcoat, value 5 s. and one black stuff waistcoat, value 2 s. the goods of William Rolfe .

WILLIAM ROLFE sworn.

I live at Muswell hill ; on the 6th of this month, before I came to town I sent a man up into a dwelling place in my garden to fetch some cloaths, he said there was none, afterwards I heard the prisoner was selling a coat, which I understood to be my property; on Monday I looked, and my things were gone, they were there the Saturday before; at three in the afternoon the prisoner was taken into custody, and he confessed the fact directly in my hearing at the Cooper's Arms at Highgate, and said that he took all the cloaths, and two coats that a man that was concerned with him ran away with.

Court. Did you make use of any promises to induce him to confess? - I did not; I got some of my things again, all but the two coats; through the constable.

- CHESTON sworn.

On the Monday, the 7th of this month, between eight and nine, I was sent for to the Cooper's-arms; there was the prosecutor and the prisoner, and three or four more, the prisoner denied the robbery; but a person came in and said a pair of black sattin breeches was sold this morning, at the Fox and Crown: I advised the prisoner to tell us where they were, to save trouble; says he, I lodged at Mrs. Roger's last night, and some of it is there; I went there and found two pair of nankeen breeches, and a white waistcoat and a black one. She said she sold the black sattin breeches for the prisoner, to the man at the Fox and crown, and that the other man ran away with the two coats. The prisoner confessed taking these things.

GUILTY .

To be publicly whipped and confined six months in the house of correction .

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

Reference Number: t17821016-39

650. MARY SLATER otherwise BENNIMAN was indicted for feloniously stealing on the 14th of September last, sixteen shillings in monies numbered , the monies of Charles Barnard .

CHARLES BARNARD sworn.

On Saturday night, the 14th of September, about twelve, I was going home up Drury-lane, this woman accosted me and asked me to give her a dram, and asked me if I had any objection to go to her lodging; it was late, and I said I had no objection provided it was safe. I went there, and when I went down to the lower room, I gave the woman a shilling for the use of the lodging; they gave us a candle, and she asked me for a present, I gave her 2 s. I told her to lock the door, because I had more money, I had my week's wages in my pocket; I saw the door locked; in about fifteen or twenty minutes, she was unlocking the door, I said you are not going away; I felt in my breeches, I found my money gone, the sixteen shillings was gone, and three-halfpence left.

Court. When had you that sixteen shillings in your pocket? - When I went into the room, because I counted it over; I had nineteen shillings and three halfpence when I went into the house.

How did she get at your breeches pocket? My breeches was off, and my shoes were off, I did not see her take the money, but there was nobody in the room; I ran down after her without shoes, and I could not follow her without shoes in the street. The next day I heard she was at a public-house; and I told her she must go with me to Bow-street; a man and five or six women said she should not go without a proper officer, and by that means she escaped out of the taproom window; I sent for a constable and secured the man that had assisted her in making her escape, and took him to the watch-house, and I saw the woman there. I am sure of the woman, she was taken up to Mr. Walker's, in Hyde-street, Bloomsbury; she said she had never seen me before: she said

she was too quick for me, and would be so again.

PRISONER's DEFENCE.

I was sitting in the public house, this man, and another woman, and a child came in; he said that is the woman that robbed me; he said, if you will give me 4 s. I will make it up, I said, I have not four farthings. He sent for some man that he calls his brother-in-law, that blacks shoes in Bow-street, the constable took me: I leave myself to the mercy of the court.

NOT GUILTY .

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

Reference Number: t17821016-40

651. JAMES TYRIE otherwise LIVERPOOL was indicted for feloniously stealing on the 12th of September , a wooden cask, value 6 d. and two gallons of brandy, value 20 s. the goods of John Woodham , Esq .

WILLIAM BROUGH sworn.

I lost a cask of brandy of two gallons out of a cart, at Mr. Cole's, in Wells-street, Well-close-square , which belonged to Mr. Woodham, I am carter to him; I lost it on the 12th of September, at ten minutes after seven, I do not know how it was lost; it never was recovered. Mrs. Mackenzie told me the cart was robbed, and that it was that long thief, Liverpool, took it.

MARY MACKENZIE sworn.

I was coming down Wells-street, I saw this man make towards the cart, I thought it was a green cart; he put his right hand into the cart and lifted the cask up, and took it away, and put it under his left arm; I told the carter of him, and that he had run down an alley; I said I knew him, every body knows him. The next morning I saw him coming along the street, I stood out of his way, because every body knows he is a bad man: I am sure that is the man.

PRISONER.

I am innocent.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17821016-41

652. THOMAS RAGAN otherwise DOYLE was indicted for feloniously stealing on the 14th of September last, one wooden cask, called a kilderkin, value 4 s. the goods of Messrs. Calvert and Co .

RICHARD WILLIAMS sworn.

About one in the afternoon, on the 14th of September, I saw the prisoner concealing a cask under a shop window, against St. Catherine's Bridge, when I returned he was gone, and the cask was put under the shelf of the window, bouge-wise on its belly; I examined the cask, and found Mr. Calvert's mark on it; I took the cask on my shoulder and was carrying it to my house, I met the prisoner at the door, and took him; I knew him by sight before; he said he was ordered by an officer to fetch that cask. I found it was taken from Mr. Calvert's wharf , the captain proved it, but he is at sea: the prisoner told different stories; I have had the cask ever since.

(The cask produced)

Court. Have you seen the cask at the wharf? - No.

Court. You know it from nothing but being directed for Calvert, and Co. and brand marked? - No.

PRISONER's DEFENCE.

I went from Mr. Nelson, a cyder merchant, to get some empty casks to go to Harrison's wharf, which were marked, and I happened to take this; I was not sober, I did not pretend to hide it; I did not take it to steal it. My master had several of the same size.

NOT GUILTY .

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

Reference Number: t17821016-42

653. WILLIAM YARDLEY , and JAMES YARDLEY were indicted for that they on the 10th of October instant, with force and arms, one piece of copper money of this realm called an halfpenny, unlawfully and feloniously, did make, coin, and counterfeit, against the form of the Statute .

A second count. For that they on the same day, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude of the good, legal, and current copper money of this realm called an halfpenny, unlawfully and feloniously, did make and coin, against the form of the Statute.

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

JOHN CLARKE sworn.

On the 10th of October about twelve at noon, I went to a house in Chambers-street, Goodman's Fields ; there was Thomas Carpmeal , Charles Jealous , Patrick Mackmannus , and Senhouse, I knocked at the door, and I was let in by a woman that afterwards turned out to be Mrs. Green, the sister of the prisoner; I came to the cellar door, I pointed out the door to Carpmeal, and Mrs. Green ran to the door, and began to thump at the door, and kick at it, I then desired Carpmeal to break open that door, he did so, I heard a noise in the cellar, I ran backwards and opened the back door, where I found another door that was open, belonging to the cellar; I saw the two prisoners come out of the cellar and run into a little shop that was within four or five yards of the door, I think there was two or three steps to come up, it was a work-shop where they had been making locks formerly; I followed them into the shop where the rest of the officers came in, and each of the prisoners picked up a gun lock, there were two gun locks that were finished, all put together ready for hardening; I took them then into the cellar where they came from, and in the cellar was a large press fixed, with the dies fixed likewise within the press; a quantity of halfpence round the press, about twenty shillings worth, they were quite finished; by the side of the press a candle had been burning which was put out, but the wick was then a-light; in the same cellar I found a quantity of blanks and sciffil, and a cutting out press; I found another cutting out press in the front cellar; and all together there was a compleat apparatus for coining, I then searched the prisoners, particularly William Yardley, and in his pocket I found a bill, in which was inclosed this halfpenny that had been struck from the dies that then were fixed in the press; there is a great deal of difference in the weight of the halfpence, I suppose it would take 2 s. 9 d. to the pound weight, and at the Tower I believe there is but 2 s. to the pound weight.

What may be the profits of a day's work? - It has been proved to this court, that whosoever employs three or four of them, the master clears 3 l. a day after he has paid his servants; they strike up a piece as they call it, which is thirty, and some thirty-two which is 8 d. and they strike up sixteen of them in a day; I suppose these halfpence when finished would not be above 28 s. for a guinea, they are so good, they are the best counterfeits I ever saw: I then searched the house, and in a garret I found these halfpence on a mantle piece, with every apparatus for the finishing them, where it is supposed this young man lay, but I will not swear that, only that his box and clothes were there, and he must either lay there, or lay with his brother and sister, as there was no other bed in the house.

Court. He owned these clothes to be his?

Yes I delivered them to him.

Prisoner's Counsel. This house was kept by Mr. Green, and this was his wife, she let you in? - Yes.

Afterwards you saw these men in a workshop? - I saw them come out of a cellar.

I ask you if you saw them in any workshop? - I did so.

And there were instruments fitted to the carrying on a Lock-smith's trade? - Not a doubt of it: there is a cellar door which opens upon the stairs, and another door that opens and lets them into this work-shop; the other people went through the cellar, and in the cellar was the press.

THOMAS CARPMEAL sworn.

I went to this house, Mr. Clarke went first to the door, he got entrance, I followed him, he was asking a question of the woman, and she kept kicking at the cellar door, I put my foot and knocked it open, I saw the light of a candle when the door opened, I ran down and the candle was put out, but the snuff was then burning; before I got to the bottom of the stairs, I saw three men come out of a door that was then open, that led into a kind of back area; the two prisoners at the bar, the young man was first, and the lusty one was the last, these men run into a work-shop, which was up four or five steps, I followed them up, and Mr. Clarke met them at the top of the steps going into the work-shop, we took them and brought them back, they run and caught hold of a gun lock each of them.

Court. That is their business, is it? - I do not know, it is a shop; in the cellar we found that cutting out press, one in the fore cellar and the other in the back cellar, with a die fixed; the snuff of the candle was in, and we blowed it and got a light; the other man got off, and got over a high wall, and Mackmannes could not follow him; we took them into a kind of kitchen, the dies were fixed, there was a great quantity of blanks and half-pence struck, and sciffil, and implements for coining, and in the room of one of the prisoners there was a paper of halfpence, which were made up in a 5 s. paper, it was burst and thrown under the grate, they were coloured, they appeared to be some of the same dye that was in the press.

Court. What was there 5 s. marked on the paper, or did you count them? - I only suppose them to be 5 s. as they are usually tied up in 5 s. worths.

Prisoner's counsel. What became of the third man? - He got away.

Then there was a way to escape, and that person got an opportunity of running off? - Yes.

The other man escaped, these men did not, they went into that work shop? - Yes.

You followed Clarke? - Clarke met them I was so nigh Yardley, when he went up I had like to have cut his leg with my cutlass, I was glad afterwards I did not.

Clarke knocked at the door and was let in? - Yes.

You had not the good luck in this case to find a halfpenny warm in the die? - I believe there was a good many warm in the place.

Why do you believe so? - Because they were warm, when I took them several of the inhabitants saw it.

Mr. Sylvester. How came they to be warm? - The striking of the dies makes them warm.

Court. You said the third man got over the wall, did you see that yourself? - No I saw him go to the place that led to that wall, he was the middleman.

Then he might have got into the shop, as well as the rest, if he close it? - Yes.

Then he must have got by before Clarke met the other men? - He did not go the same way, he turned to the yard.

The monier of the mint proved the half-pence to be counterfeits.

PRISONER WILLIAM's DEFENCE.

I was at work in the shop making locks.

PRISONER's JAMES's DEFENCE.

I was at work at gun locks in the same shop, for my master; we are lock makers .

For the prisoners.

HENRY LOCK sworn.

I am a contractor for locks for the Tower, I live in Castle-alley, White-chapel; I know the man at the bar, he was employed for me from October 1781 to the present time: the one is an apprentice to the other; they were at work for me at the time they were taken in their own apartments; they had work to do for me at that time; on the 5th of October they brought in work, and they had a stock of twelve locks, they brought in five on the 5th of October, and had a note to go for five more. (Court to Clarke. What day was this that you were there? - The 10th of October.) He always was an honest man, and I never heard any thing of his being concerned

in coining; he has not lately delivered as much work as he used to do.

Counsel for prosecution. Where did this man live? - I do not know indeed, they came to me for orders; I have many people that work out of my house.

Are you a contractor for government? - Yes.

Court to Lock. Is it usual not to know where your workmen live, suppose you are pressed in point of time? - Some of my people knew where they lived; I have seven or eight that I do not know where they live.

Court. Did you never hear where two of your principal workmen lived? - They are not principal workmen; I heard that they lived somewhere in Chambers-street.

Suppose all your men were out, did you, yourself, know where to send for them? - No, my Lord, I did not.

THOMAS LINGARD sworn.

You have some employ in the Tower? - I am inspector of the locks delivered there.

Do you know Yardley? - Yes.

What is his business? - A gun-lock maker; he lives in Chambers-street, I have been at his house where his workshop is, it is a part of my employ to look into his business; I have been at his work-shop, I always went there to shew them what I wanted; he is an industrious man. I was at his work-shop either yesterday was a week, or this day week, I am not sure.

When you was there you found him at work in his business? - Yes, always both of them; the morning it happened I was there attending an hour, and I staid there while they altered two of them, they wereemployed upwards of an hour in the business of their trade.

Counsel for prosecution. Did you go down in the cellar? - No, I only went on the King's business.

You did not know what was carrying on in the cellar? - That was nothing at all to me; I was at their house about five or ten minutes after ten; I left them at work at the locks: I have known Yardley twelve months, I never knew any harm of them; the young man works with the other.

Court. Have they lately produced as much work as they used to do in the time? - I cannot say.

Counsel for prosecution. Do you look into all Mr. Lock's men's work? - Yes at times when there is a deficiency in the locks.

Did Lock tell you where these men of his lived? - He said he could not tell me, I knew.

Then you not only go the contractors, but to the contractors workmen? - I go where they send me.

GEORGE MADDEX sworn.

I believe you live opposite t hese people in Chambers-street? - Next door to them, my shop is next their shop, I am a carpenter; my shop window looks into their yard, very near, I can see what is going on; Yardley has been employed for this twelve months past mostly in gun-lock making; he was as constant as any man could be, he and his apprentice; he has a large family of children, and did the best he could to support them: he worked constantly at hard labour.

Mrs. GREEN sworn.

You live at the House in Chambers-street, Yardley and the other lad have a work-shop there? - Yes.

Had they any concern in that cellar that belonged to the house? - None at all.

Were there any other people that had concern in that cellar? - Yes.

Who had taken that cellar of you? - One Griffin, he took it more than a year and a quarter before Yardley came to my house to lodge, Griffin had taken the cellar of me.

What business was Griffin? - He told me he was a coffin-plate and handle maker.

Griffin and his people went to this cellar? - Yes, and two of his men slept in the back garret, they paid me 6 l. a year for the cellar and back garret.

Yardley had no concern with the cellar? - No.

Gun-lock making was his constant employ? - Yes.

Did there appear to be any connection between Griffin and Yardley at any time? - None at all; I never saw them together; he had three small children which obliged him to be attentive to his employ.

Counsel for prosecution. He had so little connection that he did not talk to him? - Never that I knew of, unless it was good night.

Then these men never went into the cellar? - Griffin and his men: but Yardley never, to my knowledge.

You recollect kicking against the door, do not you? - No Sir, I opened the door to Clarke, I knocked at the cellar door with my hand.

What relation are you to the prisoners? - I am sister-in-law.

Is your husband alive? - Yes Sir, he is out of town.

Does he live with you? - Yes he lives with me; Griffin had been gone out about five minutes, one of Griffin's men was in the cellar when Mr. Clarke came.

What made you knock at the door? - Clarke went and peeped between the door and the door-case, and I imagined he wanted Griffin, and I went and knocked at the door, I supposed he wanted Griffin, by his standing.

Did you go into this cellar? - I never was in the cellar since Griffin had it.

Do you recollect some cloaths being found in the cellar? - Not that I know of.

Upon your oath? - Clarke brought a coat to me, and asked me if I could own it, I told him I did not; I did not tell him whose it was.

Upon your oath, at that time was not these two men down in the cellar? - No Sir.

Upon your oath? - Upon my oath.

There was some half-pence found up stairs where the young man laid, how came they there? - I do not know.

Who made the young man's bed? - He slept in the room, they had a make-shift bed in the same room, that they slept in, on the one pair of stairs.

Why he is married, is not he? - Yes, and has three children.

The other is his apprentice? - Yes, and the apprentice laid in the same room as they, with one of the children; there was another bed that they made occasionally; there were two of Griffin's people that slept in the bed up stairs; my husband asked one of Griffin's men to give young Yardley leave to put his cloaths in his box in Griffin's room; there was no room in the house for it elsewhere; their room is quite crowded already.

What business is carried on in this cellar? I never saw any business carried on in this cellar.

Have not you heard a noise? - I have heard a noise, but I never went down, I had no right there.

Give me a positive answer, will you say it again, that neither of these two men were in the cellar when the officers came in? - I will.

Court. How can you say that when you was not in the cellar? - I was folding some clothes in the kitchen, the window was open, I saw Yardley and his brother in the shop, I will venture to swear they were not in the cellar.

Court. One of these men swear he was going to chop him with his cutlass.

Mr. Clarke. My Lord, Mr. Green's clothes were in the cellar, and his wig; I knew nothing of Griffin.

Court to Mrs. Green. I wish you would recollect, you are upon your oath, I would not willingly throw any aspersion upon you, you swear positively your two brothers were not in the cellar; in two minutes they might have gone from that place into the cellar? - They could not possibly go into the cellar without my seeing them, I was so close to the window that I must have seen them.

Which is Griffin's way to go to this place that he rents of you? - Sometimes he comes in at the front door, and sometimes at the back door, and I imagined

by Mr. Clarke's standing at the door they wanted him.

Court. This garret belonged to two of Griffin's people, and they had given young Yardley leave to put his clothes and his box there? - Yes by my husband's asking.

Court. Where is Griffin now? - I cannot tell: I saw him about five minutes before, he went in at the front door.

Did that come by you? - No only when I hear the door open, I make it a point to see who was going out and in.

Did you make it a point to see who was going in at that time? - No my Lord.

PATRICK MACMANNUS sworn.

(On the part of the prosecution).

Prisoner's counsel. My Lord, I applied to your Lordship at the very beginning of this trial, that the witnesses might be examined apart.

Macmannus. I have been out all the time when Clarke or Carpmeal was examined. - Clarke knocked at the door, and got admittance; the woman knocked at the door with her hand, as hard as she could; the two prisoners were coming out of the cellar, and the other man turned into a yard, and I run after him.

Did you see these men come out of the cellar? - Yes, it was only two steps to go into this workshop.

Did Clarke ask for Griffin? - No, his name was not mentioned that I heard of.

Prisoner's counsel. This workshop is close almost to the cellar? - There is very little way between them.

There it was you saw these men? - No, we saw them come out of the cellar, and Carpmeal would have struck them, but I said do not Tom. She knocked several times; immediately after I saw these men.

At the time the knock was given you did not see the men? - No.

When you did see them, they were near to the workshop? - They were coming up out of the cellar.

In consequence of you three rushing in, you were between her and the cellar door? - When I passed Clarke I was between her and the shop door.

She saw you coming in and you her? - Yes.

Court. You could not see them before she opened the door? - The door that she was knocking at was on the landing place; I saw three men, I saw the prisoners both, I am sure: here are some of the halfpence I got upon the shelf in the kitchen; Mr. Clarke says they were struck in the same die.

Both GUILTY .

Imprisoned twelve months in Newgate .

Tried by the first Middlesex Jury, before Mr. Justice NARES.

The witness Mrs. Green ordered to be committed for perjury, or find bail.

Reference Number: t17821016-43

654. ISAAC VOTEAR , and THOMAS DEANE were indicted for that they on the 12th of September last, with force and arms, one piece of copper money of this realm called an halfpenny, unlawfully and feloniously, did make, coin, and counterfeit, against the form of the Statute :

And GEORGE FRANKLIN and JAMES SCOTT were indicted for that they before the said felony, on the said 12th of September last, did unlawfully and feloniously, aid, counsel, abet, and procure the said Isaac Votear and Thomas Deane , to do and commit the same, against the form of the Statute .

A second count. For that they the said Isaac Votear and Thomas Deane , on the same day, one piece of false, feigned, and counterfeit copper money, to the likeness and similitude, of the good, legal, and current copper money of this realm called an halfpenny, unlawfully, and feloniously, did make and coin, against the form of the Statute. And they the said George Franklin and James Scott , did before the said felony, unlawfully and feloniously, aid, counsel, abet, and procure the said Isaac Votear and Thomas Deane , to do and commit the same, against the form of the Statute.

THOMAS JACKS sworn.

I went to a house in Duke-street, in Old Artillery-street No. 36 , the 12th of September, between eight and nine in the morning, with Mr. Manwaring and Mr. Delaforce, I went in and saw the prisoner Franklin shaving himself, I told him I came to search his house for some stolen goods that we had information of as brought that morning, he said he had several lodgers but he did not know who they were; when he had shaved himself he went up stairs with the other officers, and I staid below; when they came down, Manwaring came and asked me where the cellar was, we went down into the cellar, and we found the prisoner Scott at the bottom of the stairs, and Scott said to me there it is, he pointed to a door which was covered with a great green cloth, and I lifted up the cloth and pushed against it, and it pushed against me, I went in; there were Votear and Deane, without their coats, and they asked me to come in and stop a little; and then they proposed and begged I would take away the things and let them go, and for that, they would give me forty guineas, and they were to bring me the money in about an hour and a half; I told them I would do no such thing, and I secured them; I sent them all four up to Justice

Wilmot's. In the cellar I saw a large stamping press, a great quantity of blanks, and some halfpence which had been stamped, they are here; there was a large press, and candles burning in the cellar; these two dies stood on each side of the press, and I took them and put them in my pocket; there was a pair in the press, but I did not take them out; I found all the utensils of coining.

THOMAS MANWARING sworn.

I went with Jacks to this house, it was between eleven and twelve I think; we went on the information of some goods being lodged there that we supposed were stolen: Franklin was shaving himself; we asked him if he had any lodgers, he said yes, up stairs; Delaforce went up stairs while he shaved himself, I staid with him; there was a room he was unwilling to open, he said it was his workshop, he found a key, and on going into the room, there was a desk in the room, and a parcel of halfpence, several six-pences, some in a paper; then there was a pocket book Delaforce can tell you about. Franklin said I have let a cellar to a person last Monday, a Glass-grinder; I said to Delaforce, you stay up here, I will go down to the cellar; I went down with Jacks directly into the cellar, there I found the prisoner Scott in a cellar where a parcel of coals lay, in his shirt-sleeves, and he said what do you want, he said there it is, pointing to the place where the cellar was; Jacks went to the door and pushed it open, he went in and I followed him, we found Votear and Dean in the room, with their shirts trucked up in the cellar, they wanted us to let them go: My Lord in the cellar we found a fly, and these dies, and this blank between the dies, I took the prisoner away immediately to Justice Wilmot's.

This blank you found between the dies? - Yes.

Was there any light in the cellar? - Yes, a candle burning, and I saw some halfpence, before Mr. Jacks picked them up they were under the press.

EDWARD DELAFORCE sworn.

I went to this house with Jacks and Manwaring, I searched two rooms before Mr. Manwaring came up, and he brought Franklin up stairs into the two pair of stairs passage, I asked him to let me into his back-room, he said it was his work shop, I said I must force it open, then he produced a key and opened the door, and on the desk there lay some halfpence, and there was a pocketbook and some letters.

(The letter read.)

Directed to

"Mr. George Franklin , No. 36, Duke-street, Spital-fields."

"Dear Cousin,

"I wrote to you some time since for two guineas worth at eight and twenty, and have now an opportunity to dispose of three or four guineas worth; I will therefore be glad if you will let my brother have three guineas worth, made up in two strong papers, and five shillings worth of old ones; you shall be sure of your money as soon as I come to London, I hope you have no objection to trust me: I have wrote to - to deliver them to my fellow servant the groom, that comes to me next Wednesday; I wish to know if you have carried any to Sam, as I mean to have three guineas in all; therefore I would be glad if you will deliver them to Sam, and by so doing you will much oblige your loving cousin, faithful friend and well wisher

W. JONES."

"You will find Samuel in Southampton-street, Covent Garden, or at the Bedford-Head, Henrietta-street."

(Some halfpence produced.)

Delaforce. I have compared some of the halfpence with these dies, and they correspond with the impression.

To Manwaring. Where were they found?

- In a box, they were concealed under ground; upon the desk I found 17 s. 6 d. in bad silver: Scott came into the garret with his coat off, and put on a coat that was in the corner of the garret; he was very solicitous to destroy this letter; Franklin was standing by when he proposed to destroy it, Franklin was much frightened, but said little.

JOHN CLARKE sworn.

Here are some half-pence Mr. Clarke, will you find the die that belongs to them? -

Some of these half-pence have been passed, and in currency, therefore it is a very nice thing, rather too nice for me to find out.

JOHN NICHOLS (one of the Moniers of the Mint) sworn.

Proves the half-pence to be of the same dies, but all counterfeits.

PRISONER VOTEAR.

I have nothing to say.

PRISONER DEAN.

I wish to speak the truth of Franklin and Scott, there was no candle in the cellar; Scott brought down nine pounds of candles, and two pounds of soap, I took them in; says I, go along about your business: his hands were clean, mine and Votear's were very dirty, we had been at work; and Scott, he he went up stairs; I did not know but what he was gone home; I had no thought of his being stopped. I took the cellar of Franklin, as a glass-grinder; I was to give him 5 l. a year for it; he never knew any thing to the contrary.

PRISONER FRANKLIN's DEFENCE.

I am entirely innocent of any guilt in the whole affair; I had notion that they were coiners.

Court. How do you explain that letter? - That letter was for Mr. Dean, he had spoke to my wife for leave to have a letter directed for him, my wife took it and gave it to him; I never saw the directions, nor the contents of the letter.

Court. It was found upon your desk, you know? - Yes, Dean had been in my apartment.

Prisoner Dean. I suppose in paying him for a pair of shoes, and pulling out the half-pence, I must pull out the letter.

Prisoner Franklin. I had several letters, as I suppose I took these up with the rest.

The prisoner Franklin called eleven witnesses who all gave him a very good character.

VOTEAR DEAN FRANKLIN SCOTT

GUILTY .

To be imprisoned in Newgate twelve months .

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

Reference Number: t17821016-44

655. WILLIAM STORER and MARY JONES were indicted for that they on the 19th of September last with force and arms, one piece of copper money of this realm called an halfpenny, unlawfully and feloniously did make, coin, and counterfeit, against the form of the statute .

A second count. For that they on the same day, one piece of false, seigned, and counterfeit copper money to the likeness and similitude of the good, legal, and current copper money of this realm, called an halfpenny, unlawfully and feloniously did make, and coin against the form of the statute.

WILLIAM PAYNE sworn.

On the 19th of last month I went to execute a warrant on the prisoner Storer; I went about six o'clock, the door was opened by a person who said she was Storer's wife; I had the care of her in the parlour: I saw Storer in the passage, I did not see any of the things.

WILLIAM SEASONS sworn.

I am a constable. I went to the house, No. 28, Red-cross-street , I went in next to

Mr. Payne; I saw a woman coming up out of the cellar in the middle of the passage, and Storer was upon the stairs, two or three stairs down, and was coming as from the cellar, after that I went down into the cellar expecting to find some people there, I supposed there were more people in the cellar, and there being no light I tumbled down; I believe there were two people that escaped, I believe so from the number of candles, I found eight or nine candles by the side of the press all hot, but one quite scalded me; I found a fly, and a press, and the dies in one, a little further lay the cutting-out press; there were dies in the stamping press, and several halfpence round it; beyond that was a pile of skeleton copper which the blanks are cut from: between the copper and the cutting out press, there were three bags of halfpence; behind that there were several sheets of copper. (The dies and sheet skeleton copper produced. The halfpence correspond with the dies; Storer's hands appeared black, his sleeves tucked up; he was dressed in a brown waistcoat and slippers on; the women's hands were dirty and appeared to be at work, I believe the woman who opened the door had a candle in her hand, the candles lay on the ground.

What quantity of halfpence did you find? - I suppose about half a bushell of half-pence.

Prisoner's Counsel. You are sure these dies that you produced are not the same that was here on the last trial? - As much as your brief is the same as that on the last trial.

It was the evening when you went to the house? - It was not dark, but sufficient to have candles lighted.

There was a glimmering light? - The light was from her that I saw the parties, sh e held a candle in her hand.

Just now you said you did not know that she had a candle in her hand? - I did not say so.

Yes you did. - I believe she had; I got a fall there, I fell about three or four stairs towards the cellar.

What did the good woman do at the door? - She was in the passage; Payne carried her into the parlour, but not before I had a sight of the parties.

Nobody was below in the cellar? - Eight or nine candles there were; I tried the nearest and pinched it, then I put my hand on the rest as they lay on the ground, and they all appeared to be warm.

Then the tallow was hot? - I did not try the wicks, I put my hand on them as I took them up, there were eight or nine.

This woman is a servant? - The person said so, her hands were dirty, and she was quite in a flurry.

Well she might, seeing you gentlemen come into the house; how soon was it afterwards that Payne got sight of the man? - Payne had the man, I told him to take care of the man and the woman; and he kept in the parlour all the while.

Have you got all the instruments for coining here, or in the yard? - No, they are not.

Counsel for Prosecution. There was every thing compleat for the business of coining? - Every thing; it was supposed to be the best press in London.

THOMAS ISAACS sworn.

I was at this house with Seasons and Payne on the 19th of September about six in the evening; Seasons and I, and Gates and Payne: Seasons going down the stairs, seized Storer, he said who is that? a man answered us, my name is Storer; I followed Season immediately and took him into custody, I met the woman (the prisoner Jones) about a yard off the stairs, she had a bed gown on, to the best of my knowledge it was a striped one; upon that I took and ordered her into custody, I left them in the care of Payne and another officer; immediately I ran down stairs after Seasons, he says here they are, turn this round, and I turned the fly round, and he pulled out the dies, and round the dies there was a quantity of halfpence ready finished; the candle that had been in it was quite hot, for it burnt the tops of my fingers; after that they took the things down, and went and searched the rooms, in the room of Storer where he said he lay, I found these

things in the closet, and one of these dies, the impression of a woman's head; and this handkerchief he owned to be his, and another which lay in the closet where the halfpence was; when I first saw Storer his coat and waistcoat were unbuttoned.

Prisoner's counsel. When you followed your friend Seasons down below, you did not discover any body below, did you? - Nobody Sir, not down below in the cellar.

Have you ever been lucky enough to make any of these discoveries before? - No Sir.

Do you understand the process of coining? - No Sir, I do not, I should be very sorry to know any thing about it; I do not know how many people are necessary to carry on the business, and I do not want to know.

You were unlucky enough to burn your self with the same candle that Seasons took hold of? - Yes.

Pray do you know Barney Brooks ? - There is a person at the Compter named Barney, but I do not know his other name.

Court. You went immediately after Seasons? - Yes, I believe it might be the space of a minute.

You saw Seasons go down and meet Storer at the stair's head? - Yes.

With his coat and waistcoat unbuttoned? - Yes.

Court. Seasons says he was on the third step, how is it possible, that, between that and the place where you saw him, he could put on his coat? - I do not know, it was on.

Was there any light in the passage? - None till we called for one.

JOSEPH GATES sworn.

On the 9th of September I went with these gentlemen, Mr. Payne was the first that entered the house, Seasons was the next, I was the next; and as soon as I got in I pushed up about three or four stairs, and they cryed out, we have got them; I pushed down stairs and turned the fly in which Seasons took the very dies out; he said I am as well used to coining business as you are; I turned the fly, and found the half-pence in the closet.

Were all the things necessary for the coining business in that cellar? - Yes certainly.

Prisoner's counsel. Was there any light? - No, there was no light.

Court. Was there any other way in or out of that cellar, where you saw the instruments of coining, but the stairs? - No, my Lord.

You know what is necessary to carry on the business of coining? - Yes.

There is generally three or four employed? - Yes, it was a very large fly.

Court. Was it possible for that business to have been carried on by that man, and that woman only? - I do not think it was my Lord, it is so very heavy.

JOHN NICHOLS , Monier of the Mint. sworn.

These half-pence are counterfeits, both sets of them.

Are they compleat? - Not very compleat, but in their way they will pass.

PRISONER STORER's DEFENCE.

I could like for Barney to be examined; I was dressed as I am now, he will witness the same; it is all a falsity; if you please to examine him, I subpoened him: I was coming down stairs; I have been very ill, I have been ordered upon duty.

PRISONER JONES's DEFENCE.

I know nothing of the matter; I came to Mrs. Storer the latter and of May, she had a fever; and I was taken ill the latter end of June, myself, and had not been well a fortnight, before these gentlemen came into the house; nor were my hands dirty.

For the prisoner Storer.

BARNARD BROOKS sworn.

I am servant to Mr. Kirby; I was at this house, and went with Payne and Gates; when we first went in, it was quite dark, we called for a light, I went in after Mr. Payne; and they sung out for a light; I thought it was Mrs. Storer that ran into the parlour; I went on in the dark to she bottom of the stairs; the top of the cellar stairs I listened, and heard some little noise, I said, who is here? a man made answer, a friend; I took him by the collar and brought him in, and

it proved to be the prisoner at the bar; he was dressed as he is now, in such a coloured coat.

Court. Did Seasons see this man before you laid hold of him? - To the best of my knowledge, he did not; we were at another house first.

Prisoner's counsel. You are servant to Mr. Kirby? - Yes.

You went with these people? - Yes.

Who went in first? - Payne and Gates, I went in after them two.

Payne went in first, the next was Gates? - Yes Sir to the best of my knowledge, I followed them immediately after.

Then Seasons did not follow Payne? - I believe Gates followed Payne, and Seasons after that, I came after immediately: Payne was the first man that knocked at the door; I do not know when Isaacs went in.

Have you heard what Seasons has said? - I am but just now called in, I think it was Mr. Gates and Payne, and Seasons the third, and I was the next.

When you came in, you could not see any body? - Only the woman that opened the door.

The man you did not see at all? - No, they sung out for a light.

If there had been a light you could not have seen him? - I do not think I could.

Where was this man? - At the top of the cellar stairs.

Did you see him come out of that cellar? - No, I went backwards; I am sure he was either a step down, or else at the top, I imagine he was coming out of the cellar, by that, I made no observation of his hands; I took particular notice of his coat, when I got him to the light, he was dressed in the same coloured cloth coat he is now.

Counsel for the prosecution. In whose custody has he been? - In Wood-street.

In your custody? - Yes.

Prisoner's counsel. He has been under the custody of Mr. Kirby, as good an officer as any.

JONATHAN PARTRIDGE sworn.

I have been at the house where this person was taken up, I have seen the landlord, his name is his John Dickson .

Then he as a lodger takes his apartment from the owner of the house? - Yes, here is an agreement.

Court. Does Dickson live in the house? - I do not know.

The prisoner called four witnesses, who gave him a good character.

Court to Brooks. How long is that passage that leads to the cellar stairs? - I should take it about five or six yards, it is a dark passage.

Does it lead to any other place besides the cellar stairs? - No further than up stairs.

(The Jury went out some time, and when they returned)

From Jury. Where did you find the handkerchief that had the half-pence in it? - In the closet up one pair of stairs, I asked Storer, he said it was his.

WILLIAM STORER GUILTY .

MARY JONES ' NOT GUILTY .

Tried by the London Jury, before Mr. Baron EYRE .

[Imprisonment. See summary.]

Reference Number: t17821016-45

656. MARY otherwise FRANCES OWEN, otherwise MARY DICKS was indicted for feloniously stealing on the 20th of September , one feather bolster, value 3 s. one feather pillow value 2 s. one linen pillow case, value 6 d. one linen sheet, value 2 s. one blanket, value 3 s. one base metal candlestick, value 1 s. and one iron sender, value 6 d. the goods and chattles of Robert Syrett ; the said goods and chattles being in a certain lodging room in the dwelling-house of the said Robert, let by him to the said Mary, to be used by her as a lodging, against the form of the statute .

ROBERT SYRETT sworn.

The prisoner at the bar took a ready furnished room of me, when we took her up, she had had it about six days.

Mrs. SYRETT sworn.

When the publican's boy came for the pots, I went up stairs with him, the prisoner gave me one, I said, the landlord says there is another, when she went for the

other, I said to her, I must beg leave to look whether my property is on the premises; she got into bed immediately; there was the bolster wanting, a pillow and a pillow case, a top sheet, a top blanket, a brass candlestick, and an iron sender; they were in the room on the Saturday before; this was on the Friday evening following; she said I had no business in her premises till the morning, and the next day I should have every thing in their places, and likewise the rent; I charged the watch with her; I told her I would not hurt a hair of her head if she would let me have my property, or let me know where they were I would get them myself; she would not; she said she did not value staying in prison about twelve or fourteen days; it was privately taken, and all that I could do to her would be to be privately whipped; she told me at the Justice's that she had as much in gaol as I could have out, and I might go and be damned. I never got any of my property.

LAWRENCE ROBINS sworn.

I was in my own apartment, I lodge in the same house, I heard this Mrs. Owen (as I was informed) with the landlady, and I heard her promise if she would wait till morning, she should have her things again.

ANN ROBINS sworn.

She said in the morning they should have their property; and she was taken to the watch-house: I was there when she took the place.

PRISONER's DEFENCE.

I went out on the Friday morning; I buy and sell old cloaths; I had a child not six weeks old; I left my door locked, and found it so; I counted 5 s. 6 d. and five farthings, to put on the chimney piece; the things were so full of vermin and bugs, it was impossible for any body to lay in them, they lay on the top of the drawers in the room, I went to bed; my landlady came up to ask me for some pots, and she took me up; here is a gentleman that she wanted to extort 12 s. of; I said, if she wanted to make a property of me, I would submit to be tried by the laws of my country.

JOHN WOODWARD sworn.

I belong to Clerkenwell Bridewell; the prisoner was examined before Mr. Justice Girdler, she promised to put the things in the place, and she was very pert to us.

GUILTY, 10 d .

To be privately whipped , and confined six months in the house of correction .

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

Reference Number: t17821016-46

657. WILLIAM HASTINGS otherwise NORTH was indicted for feloniously stealing on the 5th of October instant, one caravan box, value 6 d. two gauze caps, value 2 s. one apron value 2 s. and twelve handkerchiefs, value 6 s. the property of Mary Oldaire .

MARY OLDAIRE sworn.

I am a servant , I was coming from my place, No. 133, Upper Thames-street; and this box was lost out of the coach on the 5th of October; there were two or three boxes put in, and one was taken out; the box I lost was opened at the Mansion House.

JOHN SLOAN sworn.

I was coming over London Bridge , and I saw the prisoner put his hand into the coach, take out a box, and call to a man by the name of Will to come and take it, I said Will shall not take it, and the prosecutrix came and claimed it: the prisoner said, if he ever got clear he would do me for it.

PRISONER's DEFENCE.

I know nothing of it.

The prisoner called one witness who gave him a good character.

GUILTY .

Transported for seven years .

Tried by the London Jury, before Mr. Baron EYRE .

Reference Number: t17821016-47

658. JOHN ASKEW was indicted for feloniously stealing on the 4th of October instant, a pair of linen sheets, value 7 s. the goods of William Orton .

WILLIAM ORTON sworn.

The prisoner came to my house the 4th of this month; I keep the Queen's Head, the bottom of Darkhouse-lane, Billingsgate ; he said he was going down in the boat; I said, it is not worth your while to go to bed, it will be high water about half after twelve; he said two hours would do him a great deal of service; he flung down half a crown, and wanted to have a bed for a shilling; the maid told him she thought a sixpenny bed would serve him very well; and she gave him two shillings change, and put him into a two bedded room, and he begged to be called at high water, and he was called; he came down with a pillow-case that had my sheets in, and he came to the bar and had a glass; it was his own pillow case; one of the men belonging to the boats came and said, Who is for Gravesend? Which is a general rule with them; the prisoner said, I am going; he and several more went out of the house together, and he turned up the lane: the boatman said, Are not you going? he went into the Green Man and Ball: it is a rule for my maid to see if the rooms are empty, and how the things stand: she came and told me the prisoner had taken the sheets off the bed; I took a sculler, and went to the Gravesend boat; I could not find him; one of the men told me where he was; I went there, and brought him to my house; I was constable of the night, and I found my sheets in his bundle: he never would give much account of himself; he says he was going to Chatham, and that he has a wife and five children, but they are in the workhouse, and have been so these two years.

Prisoner. It was out of a point of necessity, I beg for mercy; I have been in the woollen manufactory of a rug maker for seven years: the last seven years I have been clerk to different gentlemen in the lottery business.

Court. What excuse can you make now to mitigate your offence?

Prisoner. I had been out of business some time; I have a wife that lays in now; my wife has been in the workhouse, she was big with child; I had three children at home with me; I could not maintain them, and I went on the hop duty in Kent; Commissioner Scott, who was my friend, is since dead: at Chatham I had been at work, and I came to enquire after my wife, and was informed she was in labour; and she sent me word out she should be glad if I could assist her with a few shillings more than the workhouse would allow her: it was through this necessity that I did it.

Court. You would have use understand that this was done on the spur of necessity; have you any body of character that can satisfy the Jury and me that you are a man of character hitherto? if you can do that, there will be no objection to your receiving favour.

The prisoner called no witnesses.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17821016-48

659. THOMAS HUFFNELL was indicted for burglariously breaking and entering the dwelling house of Sir Joseph Banks , Baronet , on the 14th of October instant, at the hour of twelve in the night, and feloniously stealing half a bushel of potatoes, value 12 d. one iron pick-axe, with a wooden handle, value 12 d. one iron spade, with a wooden handle, value 12 d. and one iron shovel, with a wooden handle, value 2 s. the goods and chattles of the said Sir Joseph .

JOHN SMITH sworn.

Sir Joseph Banks 's house was broke open at Smallberry Green , in the parish of Hesson, on Monday morning, the 14th instant; it was an empty house; it was the outhouse that was broke open behind the barn, adjoining to the barn; the dwelling house is on one side, and the stable and barn on the other side, joined by a brick wall.

Court. Are they under the same roof, or do they adjoin otherwise than by a wall? - No, there is a yard between them; there is a pair of great gates at each end of the yard, and the yard is between this place and the dwelling-house; the door had been nailed up, I saw it two or three days before it was broke open.

Do you know what was taken out of it? - Only half a bushel of potatoes out of that place, there were a shovel, spade and a pick axe were laid out of the door.

WILLIAM STEPHENS sworn.

I am servant to Sir Joseph Banks ; last Monday night about twelve o'clock, I heard a great lumbering in the stable, I went up to the door, and it was wide open, it was shut in the evening, and was latched, not locked; I stopped there a minute or two, I heard nothing; I shut the door, and the window was broke by a person attempting to get out, and presently the prisoner looked through the window; but when I went to the window he drew back and came out at the door, I took him in the yard against the house: I found nothing on him.

Court. Do you know any thing about the shed that adjoins to the barn, was that open? - That was broke open, I nailed it up myself; and there was about half a bushel of potatoes put into a bag, they were not carried off, they were laid on the outside of the door: after I had taken the prisoner and put him into a house, I saw a shovel, and pick-axe, and spade laying at the door, they used to lay behind the door; the prisoner said, he only got into the stable for a lodging; I asked him whether he broke open the door, he did not deny it, but said, he got in for a night's lodging.

Jury. Did this man work for your master? - Last summer in hay-making, I know no more of him than that.

Jury. Did he lay in the house, or any whereabout the house when he made the hay? - No, he lives about two fathom off, at Smallberry-Green.

JOHN WITHERSPOON sworn.

Court. Did you go with the last witness, Stephens? - Yes.

Is the account he has given, true? - Yes.

PRISONER's DEFENCE.

I had been from home five weeks, the parish officers wanted to press me, they said I had been at sea, which is false; I have no witnesses; they knocked me down as I was passing by; I have a wife and four children, I am thirty years of age.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17821016-49

660. MICHAEL HYMAN was indicted for that he on the 11th of October instant, with force and arms, one piece of copper money of this realm called an half-penny, unlawfully and feloniously did make, coin, and counterfeit, against the form of the statute .

A second count. For that he on the same day one piece of false feigned, and counterfeit copper money to the likeness and similitude of the good, legal, and current copper money of this realm, called an half-penny, unlawfully and feloniously did make and coin against the form of the statute.

JOHN CLARKE sworn.

I went about twelve last Friday to No. 20, Keppel's-row , I was let into the house; and I saw the prisoner, and a woman that is here, in the kitchen, then I went forward; there was a kind of an area, and another cellar door that led into a vault, the vault door was railed up, we could not get in there, and on the long side of the vault was a necessary; I went there, and I found they had made a hole from this cellar into the necessary, and from the necessary into the vault, I went through the hole into the vault, and there I found a

large press fixed, and a pair of dies in it, and this blank was between the dies, and round the press were these half-pence, which had the appearance of being coined in that press; after I had put the officers in possession of that, I went into the front parlour, where I found another pair of dies in a closet. In the room where the prisoner slept (as he acknowledged, and his waistcoat was there) I found two blanks, and more blanks were in the same cellar where the press was fixed; I took the prisoner into custody, and brought the large press away: they certainly had not been at work that day, that is most clear.

Court. Were the half-pence that were found round the press, good, or bad money? - They are bad.

Are they finished for vending? - They are struck, but not coloured.

Are they made to the similitude of a halfpenny? - Yes my Lord, all Tower halfpence are left bright, and these are not coloured at all, they use brimstone to bad half-pence, to make them look old and black.

(The blanks and dies produced to the Court and Jury.)

Court. Was there any instrument for cutting the blanks? - No my Lord, there was not.

CHARLES JEALOUS sworn.

I went to No. 20, in Keppel's-row, I saw the prisoner sitting by the fire writing something, and the woman wiping her hands on a wet towel; I followed Mr. Clarke backwards, by the side of the press I found these half-pence, they are quite coloured.

CATHERINE BROWN sworn.

I know the prisoner, I was a servant at No. 2, by Tottenham-court road; the prisoner was there sometimes, and sometimes not; there was a necessary that this gentleman speaks of, and there was no shutter between the necessary and the door, and he used to go into the necessary, and I saw no more of him; one day when he left the necessary door open, I did peep in, and I saw three in the place beyond the necessary.

What were these three people about? - I cannot say what the men were about, they were at a distance from me; there was a little girl, and she was putting something in, it dropped out, but I could not swear positively what it was; it was put into a large thing that stood up.

You have been examined before, and you know what you have sworn before, what did you see this girl do? - I saw the girl put some thing into the thing that stood up; the men were in the same place, at the same time: but I really cannot swear what they were about: they were there, and there was a noise, and there was something rattled, it was a thumping, something of that kind; the men were at a great distance, the part that I looked in at was quite different; I could see this great thing stand up in the middle: I have seen baskets come in at different times, they always had brown paper over them.

What were they like? - Baskets covered with brown paper, I never saw the brown paper off; they carried them to that place, which we call the back part of the house; the stairs came down there, and I was in the fore kitchen; I told them before the Justice, gentlemen I do not know what it was like.

Did you never see what it was? - I was a stranger to them, and they to me; they never shewed me, they never were lest under my care.

Court. Upon your oath, did you ever see what any of these baskets contained? - I have heard mentioned, they never shewed me.

Did you never see without being shewn? - I cannot say I ever did see, upon my oath, I cannot say that I ever did see; I might imagine what, but I never did see.

You never did? - I never did to the best of my knowledge.

Young woman, did you never swear that you did see them? - They told me so, and I told them that I made objections to it; they said, they did not stand to particulars.

Who told you what it was? - I heard the gentlemen at Bow-street say they were blanks, and when they gave me under their hands

I made objections, I said gentlemen, as for these, I never saw, they said they did not stand to such particulars as that.

Will you say that you made any objections to sign that information that you made? - Yes, I will, I said there is something here that is not as I spoke it, one thing in particular, feeding the dies; I never heard that till I heard it in Bow-street, I cannot tell what the other objection is.

Did you object to swearing about seeing the baskets? - I said the same then that I say now; that the baskets were carried out and in, I cannot tell what were in these baskets, they were baskets covered.

Was there any candle in the place where they were at work? - There was a bit of candle, I could not see what they were about, because the candle was very low, and by the side of a great thing.

Court. Who did you see in that place? - The girl was named Poll, the other man was named Castor, and the prisoner.

You was a servant? - I was.

Whose house was it, who occupied it? -

We were all servants, but it was Mrs. Peake that came to see us, and gave us what necessaries we wanted.

What had this man to do with the house? - I do not know, he slept in the two pair of stairs.

Who slept in the one pair? - I slept in the one pair of stairs, there was no bed in the kitchen; there were three beds, sometimes Mrs. Peake slept in the other bed; Mr. or Mrs. Peake were to pay the rent of the house to be sure.

Was there any fastening to this place where you saw them at work? - There was a bolt on the necessary, that was there when I went there.

When there was nobody there, how did it use to be fastened? - There was no fastening but a little door that stood against it, and it was not locked.

Then you could have gone in at any time? - Yes if I had any curiosity.

Did you never go? - No Sir, I had no business there.

What, and when there was nobody there and you was in that place adjoining, did you never go into that vault? - No Sir.

Council for prosecution. What was your master? - I do not know, we were all servants, I was a servant.

You said you were all servants, what was Michael? - I never saw him hired, he was there sometimes, and sometimes not.

Who are these all? - This Poll and Costar, and the prisoner, and me.

What business is your master? - Where master and mistress did live, they carried on cock founding, there was no business carried on at this house, I was a servant, and paid as such; I tell you all the business I know, I heard a noise sometimes; my place was to clean five rooms and make the beds, there were two beds commonly used; there were three beds in the house, the prisoner slept there, and Poll slept with me when she did sleep there.

What was Poll, was she cook? - We had a young child, but she did not stay a week, but when the rest went backwards, Poll went with them, and the prisoner went backwards with the rest.

How often? - I cannot tell how often.

Was it often? - Only once or twice.

Who went with him when he went backwards? - Sometimes Poll, and sometimes Costar.

You said you had an objection to sign this information of yours? - There were two or three things in it that was not just as I spoke them, and they said they did not mind particulars.

In the information you said that you saw these three people frequently at work, did you swear that? - If I swore it, it is more than I know of; I said I saw them go backwards, and making a noise frequently, they might put down what they pleased; I have seen things that they called meggs, it was like a halfpenny.

So you did not swear that you saw half-pence, but meggs; are these what you call meggs, look at them? - Yes Sir, such as

that, I saw a few on the dresser in the kitchen.

You used to go to call them to dinner? -

I used to go to the back door to call them to dinner, because the necessary door was fastened, so far as I know, I always supposed it to be, because there was a bolt there, I have found it fastened sometimes.

Here is another thing that you swore, that you saw Coster and the prisoner bring in blanks, and likewise carry out halfpence? - I have seen them carry out baskets frequently.

With meggs in them? - There was something in them to be sure.

Mr. FLETCHER (Monier of the Mint)

Proves them to be counterfeits.

PRISONER's DEFENCE.

This woman has got a daughter, which I frequently came after to the house where I was taken from, I only laid there when I was rather late, and I was there last Friday week, I came there and she was not at home; she used to keep a house by Doctor's Commons, and I sat there in the kitchen, and this woman by me, she asked me to write two or three directions for her; I only came into the house after her daughter.

Court. Where do you live and work? - I served my time to a Hatter, and work there at this time, in St. James's, Duke's Place: I suppose my people will be here, if they know my-trial is on.

The prisoner produced no witnesses.

GUILTY .

Imprisoned twelve months in Newgate .

Tried by the first Middlesex Jury, before Mr. Baron EYRE .

Reference Number: t17821016-50

661. JANE COLLINS was indicted for feloniously stealing on the 2d of October instant, two guineas and a half, and one piece of silver money called a 4 d. the monies of Edward Whitlow in his dwelling house .

EDWARD WHITLOW sworn.

I keep a publick house, the Plough in Rupert-street ; the prisoner broke open the till of my bar on Wednesday the 2d of this month, she was my servant about six weeks, when I sent for a constable to search her, there was a four-penny piece in her pocket which was very remarkable; it had been in my till, there was two guineas and a half, and this four-penny piece, and a nutmeg grater; my wife missed the money out of the till about four or five o'clock; I saw the money in the morning, and I went out to my daily labour; there was a four-penny piece and 6 d. and 1 d. was all that was found on the prisoner: I knew the four-penny piece by two different marks, I am sure it was in the till, and it was found in the prisoner's pocket, the constable has got it.

JANE WHITLOW sworn.

The prisoner lived servant with me; between four and five on Wednesday afternoon I went to give change for a guinea, and then I missed the money, I had the key in my pocket, and I found the till broke open; I looked in the till a little before, there was two guineas and a half; and a four-penny piece; the prisoner went away without letting me know; I sent a gentleman that is in court, and found her at her aunts, and found the linen that she had bought with the two guineas and half; there was found on her when she was searched, 6 d. and a 1 d. and a four penny piece; she denied it till the four-penny piece was found upon her, and then she confessed.

PRISONER.

Yes, my mistress promised she would not hurt me, and my aunt and another woman can tell the same.

ROBERT CURTEEN sworn.

I live next door; they asked me to go to Lambeth to find the prisoner, I found her

there, I told her it was club night, and I got her to go back; there was a constable sent for, and he searched her, I saw the four-penny-piece found in her pocket; and two or three in the room prevailed on her to make confession, she stood out to the last, she would not confess; when it was found she said I took two guineas and a half.

Was any promise made to her if she would confess? - Not as I recollect, not in my hearing; most of the money she said was laid out in Bridge-street Westminster.

PRISONER.

She said she would hang me if she could.

AUSTIN THOMPSON sworn.

I have the linen that she bought with the money; we went to the linen draper's shop, he is not here; I searched her pocket; I had this linen at her aunt's in Lambeth-Marsh; the girl confessed where it was bought.

Was any promise made use of? - I do not know of any, I did not hear of any; (the four-penny piece produced by the constable, who has had it in his possession ever since, and deposed to.)

Prisoners. My master said he would not hurt me.

PAUL RAY sworn.

I live in Chelsea, I am an engraver; I have known the prisoner ever since last Tuesday, it was an act of humanity that prompted me to be an evidence here, I heard a very venal character in the neighbourhood, of the prosecutor; and that the girl had neither father nor mother, and that they would swear any thing: I was very sorry to hear it. I went to the man, and he told me she had broke open the till; the man said then he had promised he would not hurt her if she would confess; I told him I was her uncle; he said if I would give 3 guineas he would slaw the indictment; he took me to a public-house in the Hay-market to make the matter up; but when we came there, he would have three guineas for himself, 5 s. for the constable, 5 s. for the witnesses, and 3 s. for what he spent at the Rotation-office.

Court to Whitlow. Do you know any thing of this man? - Yes.

Is what he says true? - No, this man came with pretences to be a relation, was sorry for the girl, and wanted me to compound the felony, and I said I could not; I never attended to any such proposals at all.

Jury. Nor you never made any proposals? - None, he called on me two or three times, on the Sunday and Tuesday, he asked me to go with him, I said, I only meant to do justly and honestly by myself, nobody else was present.

Mr. Ray. The publican's name was Wallis, this person took me down there.

Court. What business had you in the matter at all? - It was an an act of humanity; it was the feelings of my own breast that taught me to do it.

ANN MILLS sworn.

I am godmother to the child, and I called the next day after she was taken before the Justice; I asked her how she came to do so? they told me if I had come before things would not be so; the woman said the prisoner had taken some money out of the bar; says I, how came she in your bar when you told me before you never gave her leave to go into your bar? she said, may be she might have dropped it out of her pocket.

Court to Jane Whitlow . Did you tell this woman that you might have dropped the money out of your pocket? - No, my Lord, I never told her any such thing.

ANN OLIVER sworn.

I am a widow, I live amongst my children, commonly in Holborn; last Friday the woman told me she would hang the prisoner if possible; I said, God forbid! yes, she said, by her Maker she would! and if that would not do, she would swear that she had picked her pocket; she would hang her if she could.

DOROTHY WATER sworn.

That man came to my house, and asked me what I thought of doing, and if I would make it up; I knew the girl when she came from Bath; she has no parents; I live in Lambeth-Marsh; she was found in my house.

Court. Did not she bring some linen there? - It was work, and I never opened it; she told me it was work; the constable came to me, and asked me to make it up: he said that the prosecutor sent him.

Constable. I did not go to that woman to ask her to make it up.

GUILTY, 4 d .

To be privately whipped , and confined twelve months in the house of correction .

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

Reference Number: t17821016-51

662. JOHN MEESE was indicted for feloniously stealing on the 24th of September five bedside carpets, value 12 s. the goods of Joseph Harkness .

JOSEPH HARKNESS sworn.

On the 24th of September, between six and seven in the evening, I was in my shop, and heard somebody call out, Stop thief! I ran out and followed the prisoner, and found these five bedside carpets, which were dropped on the pavement; (the carpets produced) they are my property.

Jury. Is there any shop-mark on it? - No.

How do you know it is yours? - Because I know I had five bedside carpets wrapped up together, and these are them.

THOMAS HENNOVEE sworn.

On the 24th of September, between six and seven in the evening, I was coming along Holborn , I saw the prisoner at the bar take some carpets from the shop, and run away; I immediately pursued him; I never lost sight of him; when he found I pursued him he dropped them.

PRISONER's DEFENCE.

I know nothing of the carpets further than this; there was a cart stood by the door, Mr. Harkness stood in the shop-door; how could I take his carpets?

GUILTY .

To be imprisoned six months in the house of correction .

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

Reference Number: t17821016-52

663. ANN HINDALL was indicted for feloniously stealing on the 10th of October instant, privately from the person of Thomas Livesay , a red leather pocket book, value 12 d. the goods and chattles of the said Thomas, and eight promissory notes for the payment of five guineas each, the said several and respective notes being his property, and unpaid .

Acquitted for want of prosecution .

Reference Number: t17821016-53

664. SARAH HOUSE was indicted for feloniously stealing on the 7th of October instant, one cloth coat, value 20 s. one velveret waistcoat, value 20 s. one pair of corderoy breeches, value 16 s. one pair of white cotton stockings, value 12 d. and eight shillings in monies numbered, the property of Joseph Fuller , in the dwelling-house of James Charles .

Acquitted for want of prosecution .

Reference Number: t17821016-54

665. WILLIAM SHEPHERD was indicted for feloniously stealing on the 16th instant , eleven pounds weight of moist sugar, value 5 s. the goods of Messrs. Buggin and Co .

ROBERT WAGHORN sworn.

On Wednesday last, the 16th of October, about eight in the morning, I saw the prisoner

at the bar coming out of a warehouse at Botolph-lane , which belongs to the company of wharfingers , Buggin and Co. I observed his breeches stuck out behind, I susspected he had something he should not have, and I followed him up to the gate that leads to the street; in Thames-street I stopped him, he said he had been up at work, and he said they had given him three half-pence for what he had done; I said, what for filling your breeches with sugar, and I brought him back to the counting-house, and I found a bag of sugar concealed in his breeches, weight eleven pounds; the sugar is my property, as it is under my charge and the rest of my partners.

The sugar produced.

PRISONER's DEFENCE.

This sugar I found in the passage under the gateway, behind the gateway; as I went into the street, he did not stop me till after I had found it.

GUILTY .

To be publicly whipped at Botolph Wharf , and confined to hard labour, for six months in the house of correction .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-55

666. BARNARD DEW was indicted for feloniously stealing on the 11th of September last, one cloth coat, value 5 s. and one waistcoat, value 1 s. the goods of Samuel Radenhurst .

SAMUEL RADENHURST sworn.

I keep a chandler's shop in Shoe-lane ; the prisoner was my servant ; on Sunday morning, the 11th of August, I missed a coat and waistcoat which hung in the shop where the prisoner lay; he absconded, and he was found again on the 19th in Parker's-lane, Drury-lane.

DANIEL KING JOHNSTON sworn.

I was present when this man was taken, and the coat was found upon him, it has been in Mr. Radenhurst's possession ever since; it is the same as deposed to by the prosecutor; the prisoner had it on, and confessed in the court before divers witnesses that he had taken divers other things.

PRISONER's DEFENCE.

The prosecutor gave them to me, and I was to have five guineas a year, and meat, drink, washing and lodging.

Prosecutor. There is no agreement at all; I hired him, the watchman brought him to me for charity at twelve o'clock at night, I took him in, and went and brought him a shirt, he was very foul and lousy; I gave him a black coat.

GUILTY .

To be privately whipped and discharged .

Tried by the London Jury, before Mr. RECORDER.

Reference Number: t17821016-56

667. ROBERT HOGG was indicted for a misdemeanor in obtaining under false pretences, a gold anchor, value 7 s. and a gold heart, value 14 s. from Elizabeth, wife of Thomas Morley , on the 29th of June last.

ACQUITTED .

Reference Number: t17821016-57

668. SARAH MORRIS was indicted for a misdemeanor in receiving on the 15th of September last, a silver watch, value 40 s. a steel watch chain, value 6 d. two stone seals set in base metal, value 6 d. and a base metal watch key, value 6 d. the property of Thomas Ward ; having been stolen by certain persons unknown, well knowing the same to have been stolen .

ACQUITTED .

Reference Number: s17821016-1

The Trials being ended, the Court proceeded to give Judgment, as follows:

Received Sentence of Death, 9.

Thomas Joseph , James Thomas , Hyam Levy, Robert Sideaway , David Hughes , Michael Ranton , William Clarke , Thomas Nowland , and Thomas Condon otherwise Smith. (This last to be drawn on a hurdle to the place of execution.)

Transported for fourteen Years, to America 1.

Thomas Dyson .

Transported for seven Years to America 12.

Thomas Edwards , William Hastings , otherwise North, John Askew , Joseph Larcher , William Hawkins , Richard Sewell , William Brown , Thomas Phillips , Charles Cowen , Francis Manning , John Codd , and James Tyrie otherwise Liverpool.

Imprisoned in Newgate for twelve Months, 8.

William Storer , Isaac Votear , Thomas Dean , George Franklin , James Scott , Michael Hyman , William Yardley , and James Yardley .

Imprisoned in Newgate for three Months, 1.

William Bailey , otherwise Dean, (and to be publickly whipped.)

Imprisoned in the House of Correction for twelve Months, 3.

Ann Wood , Simon Solomon , Jane Collins .

Imprisoned in the House of Correction for six Months, 8.

Mary Ballantine , James Norton , (he is to be publickly whipped,) Mary Burke , Cornelius Buckley , (he is to be publickly whipped), Mary, otherwise Frances Owen, John Meese , William Shepherd , (he is to be publickly whipped,) and Charles Simpson .

Reference Number: a17821016-1

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