Old Bailey Proceedings, 26th February 1783.
Reference Number: 17830226
Reference Number: f17830226-1

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 26th of FEBRUARY, 1783, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER III. 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.

MDCCLXXXIII.

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 NATHANIEL NEWNHAM , Esq; LORD MAYOR of the City of London; The Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Hon. Sir RICHARD PERRYN , Knt. one of the Barons of his Majesty's Court of Exchequer; The Hon. Sir FRANCIS BULLER , Knt. one of the Justices of his Majesty's Court of King's Bench; 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.

Robert Morphet

Benjamin Crabb

Benjamin Gibson

Henry Goldfinch

Edward Collinson

George Risdale

James Dowler

Richard Elmer

Thomas Downes

Sainsbury Sibley

William Andrews

* Samuel Ellis served after the first day in the room of William Andrews .

Herbert Elderton

First Middlesex Jury.

James Sherradine

William Babbs

John Pittaway

John Dewbec

Joseph Hill

Edward Charles Haley

William Ashton

William Wilson

Thomas Garnett

William Moss

James Drawwater

James Gibson

Second Middlesex Jury.

James Manley

John Brewer

John Williams

William Massey

Alexander Grant

Thomas Young

Timothy Birchmore

Thomas Woollerton

Edward Hope

James Rogers

Samuel Norgrove

Henry Bensley

Reference Number: t17830226-1

160. SAMUEL WALLIS was indicted for feloniously and burglariously breaking and entering the dwelling-house of James Hammerton , on the 23d of December last, at the hour of one in the night, and feloniously stealing a bushel of apples,

called golden pippins, value 4 s. a hempen sack, value 1 s. a pair of linen sheets, value 3 s. one old waistcoat, value 1 s. one linen frock, value 6 d. and one linen curtain, value 6 d. the goods of the said James .

JAMES HAMMERTON sworn.

I live in the rope-walk, Mary-le-Bone , I have a little house that I pay seven guineas a year of one Mr. Owen, when I returned to my house between twelve and one in the morning of Christmas eve, the 24th of December, I found my house broke open.

Court. Where had you been? - I had been at a publick house all the day.

What till one o'clock in the morning? Yes.

What kept you there so long? - I had been to pay some money.

That did not keep you till one o'clock in the morning, if you had kept good hours, this would not have happened? - I left my house in the morning about five, and went to market, my wife was last in the house, when I returned, I found my front window, and my door broke open, and all my property gone out of my house, it was the front casement that was broke out, and the lead and the glass was all thrown into the rope-walk into the mud.

Court. What property have you lost? A sheet, an old quilt, an old jacket, an old frock, window curtain, and a bushel of apples; I called the watch, but could not find him.

Were the watchmen all at the publick house too? - No, but I could not make him hear, I ran to the watchmen, they said, they believed they had caught a thief, for they had caught one Samuel Wallis , with a sheet and some golden pippins, and things in a sack, I went and looked at them, and knew them to be my property; I swore to my property at the round-house before the constable of the night; I know the prisoner well.

What passed at the round-house? - I was ordered to go to the justice's in the morning, I went there, and swore to my property.

Court. Was any thing said about your property, in the presence of the prisoner at the round-house? - The watchman and patrol said, they brought them there.

Did you know the prisoner before? - Yes, I have known him many years.

What was he? - He used to follow the same business as myself, he did live in St. Giles's.

(The things deposed to.)

Court. What do you know them by? - My wife made this out of a bit of patchwork, and these sheets I bought.

How do you know them? - I know them by the blood on them, from the bleeding of my eye, and by a patch.

Court. What do you know the sack by, is there any mark on that? - Yes there is mark enough on that.

What is the mark? - I cannot read, but I know the sack, I have had it ever since last summer.

SARAH HAMMERTON sworn.

I am wife to the last witness, I went out about two o'clock in the day, and did not return till I came back with my husband, nobody was left in the house.

Court. Then nobody saw any thing of your house, from two o'clock in the day, till one o'clock in the morning? - No, my Lord.

When you went out, was the window safe? - Yes.

Do you know the sheets? - Yes, I know my own patch.

STEPHEN BURGEN sworn.

I am watchman, of Pancras parish, Henry Croker called me, I went as fast as I could, the prisoner had got away from him, and ran to the Fighting Cocks, in Tottenham Court Road, and the sack was dropped just by a pawnbroker's door, the

corner of Chapel-street; Croker called to me to take care of the sack, for he had the man safe enough.

Who was the man that Croker brought across the road? - The prisoner at the bar.

Had he any thing else with him? - The things were all in the sack, I asked the prisoner what he had in the sack, he said nothing but apples, I laid my hand on the sack, and I found it soft, I said there is something else; I laid hold on the sack, and the first thing I took was the frock, the prisoner snatched it from me, and said it is only a pair of breeches of mine; I took him and the sack to the watch-house, and then we pulled all the cloaths out; there was a wad of straw over the apples, he said the apples came from Chatham to him, and that they were left at the Blue Posts, in Charlotte-street, my walk was within 100 yards of the prosecutor's house, and I heard a man calling out watch; he said his house was broke open, and that he had lost such and such things; I told him not to frighten himself, I believed we had his property, and the man and his wife, and son went to the round-house with me.

Were the things that were shewn to him at the round-house, the same which are now produced? - Yes, the prisoner fell on his knees, and begged we would let him go, and he would give us 4 s. then, and send us 5 s. the next morning.

Prisoner. Did you see me with the sack the next morning? - No, only Croker told me he saw him with the sack.

Court. Was it very dark? - Yes, about ten minutes past twelve.

Did you from the time that Croker called out to the time that he brought the prisoner back to you where the sack was, see the prisoner at all yourself? - No, I did not know what he called me for.

When you ran it was after Croker, you did not see any body else? - No, only a woman that was upon her trial here the last sessions for this matter, she was the first person that I saw.

Was the woman standing by the sack when you first came up? - She was the first person that I saw.

Prisoner. I wish your Lordship would look into his character for every word that he has said, is very wrong.

Court. Do you take upon yourself to swear that he did offer you the money? - Yes, my Lord, he did.

Jury. Did any body take any? - No, not a farthing.

Court to Prisoner. If you have any witnesses to call against his character by and by, I will hear them certainly.

JOSEPH HARRIS sworn.

I know very little of this affair as to the man; I was bound over upon account of taking the woman that was in company with him; the prisoner told me, that the woman persuaded him to do it, or he would not; I am serjeant of the watch.

What did you say to him to make him tell you that? - We asked him who the woman was, because she escaped, and he said her name was Kemp.

Court. Before you said that, or before he told you any thing, did you tell him it was better for him to confess? - No.

Did you say any thing else to him besides asking who the woman was? - No, after I had taken the woman in custody, he told me, says he, if the woman had not persuaded me to it, I should not have done it. Nothing further passed of any consequence.

Prisoner. This man asked me to go out of the round-house, and have some bread and cheese, and some purl; I said I did not care if I did, as I was very cold? - I dare not pretend to take the man out.

Prisoner. Did not you take me out, and give me some purl, and was not the coach brought to the alehouse door? - It was the constable of the night that took him there.

JOHN CROKER sworn.

The night that I took the prisoner, I had been out as assistant to the patrol belonging

to Sir Sampson Wright, and coming home about ten minutes after twelve, I met the prisoner with the sack, and these things that are now here, on his back, the corner of Chapel-street, Tottenham Court Road; I asked him what he had got, I do not know that ever I saw him before, he never was out of my sight, he said apples, after a little hesitation; I felt the sack, and thought it was apples or onions, or some such thing, I felt the top of the sack soft, that was these things that were in the moutly of it, at the top of the apples; I ordered him to lay them down, he did so, I asked him where he had brought them from, he hesitated, and at last said, he had been spending the evening at the Blue Posts, in Charlotte-street; the apples were his own, and that he had them from Chatham; I thought it was a quare place for apples to come from; and I called out watch, and he called out watch also; I fancy the watchman did not know where the voice came from, for he ran quite the reverse way; a woman came up to me and asked me, if I had seen a child without a hat, and the man called out immediately to her sister! sister! I did not think I was able to contend with them both, and I let the man go, and he ran away, I followed him one hundred yards, and I threatened to shoot him, and overtook him, he was never out of my sight; in the mean time the watchman came up, I desired him to take care of the sack, I took the prisoner and brought him back to the sack, and we opened it, and there was these things, he said they belonged to him, but his father and mother had had some few words, and he was going to another lodging, and he had brought these things away from them; I gave charge of him to the watchman, and we took him to the watch-house; he made a proffer of the apples, and to treat, and some money to let him go; I told him if he could prove the property his own before a magistrate, he might have them again the next morning, but I found they were the property of the prosecutor.

PRISONER's DEFENCE.

As I was coming up Tottenham Court Road, I saw a man and woman, and they asked me to carry this bundle, I did not know what was in it, they said they would give me 6 d. and something to drink; and as I was coming along, a man stopped me with it; I have no witnesses.

Court to Prisoner. You talk of Burgen's character, what reason have you to suppose he has a bad character? Is there any body here that you would ask about his character; - No my Lord.

Court to Jury. As to the question of burglary which is the material part of the charge, that will depend upon whether you are satisfied or not, as to the time when the house was broke open, as you have no account of the situation of the house from two o'clock in the day, till twelve or one at night: but soon after 12 at night the prisoner was found near this house with the sack.

GUILTY Of stealing the goods, but not guilty of the burglary .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-2

161. THOMAS HAMMOND was indicted, for feloniously stealing on the 16th of February instant, a stop watch, with inside and outside cases made of silver and gilt with gold, value 28 l. the goods of Edward Ellicott .

EDWARD ELLICOTT sworn.

On Saturday se'nnight, between three and four in the afternoon, I packed this watch in a small box, it was a stop watch, with inside and outside cases, both silver and gilt; I put a white paper cover over the box, and directed it to Captain Morce , of the ship Nathaniel Bayley; the ship

was laying at Portsmouth; over that I put another brown paper cover directed for Mr. Samuel Jellicoe , at Gosport; I wrote by the post advising him that I had sent it by the Gosport coach, which set out the next morning from the Castle and Falcon, in Aldersgate-street ; I went out of town and left directions with my servant Thomas Hawkins , into whose custody I gave it to carry it to the Castle and Falcon, to see it entered and booked as a watch, value 30 l. on the Wednesday following I received a letter from my friend Mr. Jellicoe at Gosport, informing me, that in consequence of my letter on Saturday he had enquired at the coach office for the box I had mentioned to have sent, but that no such thing had come there, notwithstanding it was in the weigh bill, which the coach brought from London, immediately on receiving this letter, I sent the same servant to the inn to shew them this letter; it remained till Friday, when I received another letter from Mr. Jellicoe, still informing me that no intelligence had been received of it, which letter I took myself to the inn on Friday, and they told me, they made no doubt but the watch was stole, and that they must pay for it; a gentleman, who said his name was Author, brought me the watch, he is a pawnbroker, I did not know him at that time; he told me it was offered him to pawn by a suspicious person, and finding my name on it, he brought it to me: he said the man was in custody, and I went with him to the masters of the coach to tell them; on the Monday morning I attended at Justice Penleaze's, in Wellclose-square, the watch was there produced by the pawnbroker, the prisoner was there at the time; I swore to the watch, and the packing it up, as I have done now.

Court. Did any thing pass there from the prisoner? - No, nothing at all.

Did the pawnbroker say, that it was the prisoner that brought him the watch? - He did not at that time.

Is the watch worth 30 l.? - The real price charged was 28 l. 7 s.

THOMAS HAWKINS sworn.

I am servant to Mr. Ellicott, on Saturday the 15th of February in the evening, I stood by my master, while he put the watch into the box and packed it up, the out side was brown paper sealed, and directed to Samuel Jellicoe , Esq; at Gosport.

Was there any other directions besides that? - Besides there was an inside direction on white paper, directed to Captain Morce , on board the Nathaniel Bayley , shipped for Jamaica.

What was you to do with this box? - I was ordered by my master to deliver it at the Castle and Falcon Inn, and to enter and book it as a watch, value 30 l. and to pay for the carriage, accordingly I did so, I delivered the box to Edward Aldridge , a young man belonging to the coach office, I have seen him before at the inn, but did not know him otherwise.

What is his employment there? - I delivered it to him as clerk to the coach office, I told him to take care of it, and he gave it to his brother clerk, and he put it further on the desk.

Court. Was it carefully put on the desk? - It was my Lord.

You know nothing against the prisoner? No my Lord.

EDWARD ALDRIDGE sworn.

I belong to the Castle and Falcon, Aldersgate-street, I am one of the bookkeepers, on Saturday the 15th of this month, the last witness brought a box coered with brown paper, he told me it was a watch, value 30 l. and entered it as such; I received it from him and laid it on the edge of the counter, and he cautioned me to take care of it; I know nothing about what became of it, it was put into the usual hole, where we put goods.

Court. You have a hole or place where you put the goods in to go by the coach? Yes.

Whose business is it to take these things from the hole to put them in the coach? -

Sometimes the coachman, and sometimes the watchman.

Court. This watch was set down in the weigh bill? - Yes.

When did you make the entry in that weigh bill? - I cannot recollect what time it was that night, generally just before we go to bed.

Court. Before the things are put into the coach? - Sometimes before, and sometimes after.

MICHAEL LARD sworn.

I am the coachman, I saw this box in the warehouse, and had it in my hand, about five minutes before five in the morning.

Court to Hawkins. What time did you carry it to the inn? - As near as I can recollect, five minutes before nine in the evening.

Court to Lard. How was it directed? - To Mr. Jellicoe, at Gosport.

Do you know any thing whether it was put into your coach or not? - I am not sure whether it was or not.

Court. There were other things in the warehouse to go by the coach, were there not? - Not when I came, the remaining luggage was put into the coach, and that was left by the desk on the counter.

Do not you take the weigh bill with you? - Yes.

One should think it very natural, that you, who take the weigh bill, should see that the things were in the coach? - Sometimes the watchman loads the coach, and sometimes the horse-keeper.

Then you are not sure whether it was in the coach or not? - No, I am not.

Court to Aldridge. When was you in the warehouse last? - Either in the evening or the morning, I cannot recollect, my fellow clerk had the watch in his possession.

Jury. Whether the coachman saw any thing of the prisoner about the yard at the time?

Court. Look at the prisoner; did you ever see that man before? - Yes, he was going down to Brentford to Mr. Mott's country house with me that morning; the prisoner is private coachman to Mr. Mott, who is one of the proprietors of this stage coach, and his country house is at Brentford: I set the prisoner down at the Three Pigeons at Brentford, about five minutes past seven in the morning; when I came about five minutes before five, he was at the inn ready to go with me.

Jury. Whether the prisoner saw the box at the time he had it in his hand? - I never saw the prisoner in the office, nor in the coach.

- PATTISON sworn.

I am clerk to the coach-house at the Castle and Falcon, Aldersgate-street; I received this box of Aldridge, I saw the box last about half past twelve, or a quarter before one, it was put on the desk with the rest of the parcels that were to go by that coach in the morning.

How many parcels might there be besides this box? - To the best of my recollection there might be about five.

Were they large parcels or small? - About seven or eight pounds apiece, and some five or six pounds.

How large might this box be? - About six inches in length, and three in depth.

Who usually puts the things into the coach? - Sometimes the coachman, sometimes the horse-keeper or the watchman.

You did not see this box put into the coach? - No, my Lord, I quitted the warehouse about one, I told the watchman of the box, and gave him a particular charge of it.

Do you know the prisoner? - There is the prisoner.

Is the prisoner a servant to Mr. Mott? Yes, either to Mott and Harris, or to Mott, I do not know which, he is coachman to Mr. Mott, but he has done business for Mott and Harris.

Did you see him about this inn that evening? - He was about the inn that evening.

But there was nothing extraordinary in

that, as being a servant to Mr. Mott? - Nothing at all.

WILLIAM KICKHAM sworn.

I am the watchman; I remember a small parcel, but I did not know what it was, it was wrapped up in a paper, I did not know whether it was a box or not, I did not look at the directions, it was laying on the desk in the warehouse, I saw it about five o'clock, and told the coachman, it was something of value, that he was to take care of.

Did you deliver it to the coachman? - It lay on the desk, and I told the coachman it was a thing of value, he took it in his hand, and he said, it was a watch.

Do you know what was done with it? - I do not know whether it was put into the coach or not, I never saw it afterwards.

How many other parcels were there in the warehouse besides this? - There might be five or six.

Who put these into the coach? - I cannot recollect, the coach set out a little after five.

Did you go into the warehouse after the coach was set out? - Yes, I went in to blow the candle out, and to lock the door.

How long might it be after the coach was gone? - Directly, not above three minutes, I only just shut the gate.

Did you observe, whether any thing was left on the desk or not, when you went in again? - There was nothing left.

How long do you suppose it might be between the time you saw the coachman with this in his hand, and the time the coach set out? - Some few minutes.

Did you see any thing of the prisoner that morning? - Yes, he was about the coach to go along with it; he lay in the yard always.

Jury. Where was the prisoner at the time the coachman had the watch in his hand? - He was about the yard, but he was not in the office.

How long had he lived with Mr. Mott? I do not know.

Had he lived with him for any considerable time? - For two years or thereabout.

So then this man might as easily come into this room as any of the servants? - All the same.

THOMAS AUTHOR sworn.

I am a pawnbroker in King-street, Covent Garden.

Court. Look at the prisoner, do you know the person of that man? - I do, on Saturday last between eleven and twelve in the forenoon, the prisoner presented me this watch, (the watch produced and deposed to) he asked me if I could advance him five guineas on it, I examined it, and went aside for a few minutes, in order to look over the warnings that are sent from the publick office, in expectations of finding this watch advertised, but I did not trace it in the hue and cry, or in any other of the bills; I told the prisoner, I could advance him the money upon it, or more if it was required; he answered, that he should be obliged to me so to do, I told him it would be necessary that I should first of all have an interview with the proprietor, because I could not conceive an idea of a man of the department in life that he was in, and the appearance that he made (he was in his post boy's dress, and appeared just to have come off a journey) having such a watch of his own; he said the watch was left him by an uncle, I asked him how long he had had it in his pessession, he said about two months; I then told him, I should be under the necessity of stopping the watch, and taking him before a magistrate, he readily consented, and I took him before Justice Penleaze, in Wellclose-square; I left him in the custody of his men, and immediately waited on Mr. Ellicott; I examined the watch, and saw it was a watch fresh out of the hands of the maker, Mr. Ellicott owned the watch, and we went to Mott and Harris's.

PRISONER's DEFENCE.

Please you, my Lord and Gentlemen of

the jury, as I was coming down the yard last Sunday morning to go down in the country, I picked up this watch covered with dirt, I did not know what it was, I took it down with me, I kept it in my possession to see if it would be advertised, and finding it was not, I took it to a pawnbroker's, there was no directions whatsoever on it, it was covered with dirt entirely; I have no witnesses, I picked it up in the box.

Jury. Did the prisoner go inside or outside? - He was upon the roof.

GUILTY ,

Transported for 7 years .

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

Reference Number: t17830226-3

163. THOMAS DUDFIELD and HART LEVY , were indicted for feloniously stealing on the 26th of January last, a leather trunk, value 6 s. four linen shirts, value 10 s. four linen neckcloths, value 4 s. one pair of slippers, value 2 s. four pair of stockings, value 10 s. a cloth coat, value 40 s. a cloth waistcoat, value 20 s. a pair of breeches, value 10 s. four pair of silk stockings, value 20 s. one pair of silver shoe buckles, value 40 s. a metal stock buckle, plated with gold, value 10 s. a mahogany shaving case, value 20 s. three small ivory boxes, value 2 s. and fifteen pieces of gold coin of this realm called guineas, value 15 l. 15 s. the goods and monies of Henry Edwin Stanhope , Esq ;

HENRY EDWIN STANHOPE , Esq; sworn.

On Saturday the 14th of January last, I was coming to town from Chatham, in a hackney post-chaise, I took a hackney coach from the stones end near Westminster-bridge, I had a trunk, and a mahogany shaving case with me, containing the several articles mentioned in the indictment; the shaving case was distinct; I directed the coachman to drive me to the admiralty, he desired time given him to refresh his horses, I told him I was going to Islington, and if he chose in Oxford road, he might stop, as I had occasion to stay there; the coachman drove on, he stopped at the watering house, the corner of Berner's-street , for about five minutes, and I left the coach; on my return the coachman asked me if I had sent any body for my property, I said no, he repeated the question with some astonishment; I again told him no; he said that was very unfortunate; I then taxed him with having lost my things, and he said they were all gone; upon which I immediately drove to the publick office in Bow-street, and there lodged my complaint with Sir Sampson Wright.

Did you at any time recover any of these things? - Yes, my Lord, I was at the publick-office, and was shewn the trunk, and a part of the things, some few of the things, that was I think on Friday last.

Did you call there, having any intimation that the things were found, or by accident? - From an intimation that the things were found.

(The trunk produced and deposed to.)

THOMAS CARPMEAL sworn.

We found this trunk full of whipcord, in the house of the prisoner Dudfield, at a little court in Middle-row, Holborn; an information was lodged at the office, that there were some people lodged in that court that cut off trunks from behind chaises and hackney coaches; the prisoner Dudfield keeps the house; the trunk was in the cellar.

Court. Is it now in the same condition, and does it contain the same things as when you found it? - No, my Lord, the things were not in it, the things that are now in it, were found in different parts of the same house.

CAPTAIN STANHOPE.

(Looking at a shirt.)

When this shirt was produced to me at the publick office in Bow-street, though it was so exactly like mine, as to make me almost sure of it, yet there was a third button on it, and the mark had been altered; it has the letters of the prisoner's name; the mark had been very plainly taken out.

Court. Is it discernable what those letters were that stood there? - No.

Do those letters that are there appear to be an old mark? - No.

Carpmeal. I believe Dudfield had this shirt on when he was taken.

Captain Stanhope . The other shirt is in the same manner with the third button, and the mark picked out.

Court. Can you swear to any one of these shirts? - This third shirt I should readily swear to, but that the name seemed to be cut out, and another name inserted; here is the hole.

Court. Can you from any other particulars, say it is your shirt? - I cannot positively say, that it is; here are a pair of slippers which my name is in.

Thomas Carpmeal . These slippers were found in the lodgings of the prisoner Levy.

Captain Stanhope . Here is a razor which belonged to the case that I lost.

Carpmeal. That was found in Dudfield's bed-room. When we first went in there, was none of them at home; we asked what lodgers they had, and a woman said, Hart Levy lodged up stairs, and themselves.

Court. Then you do not know otherwise then by the information of the woman, that Hart Levy lived there? - There was a great many of his cloaths found there and boots and shoes which he claimed.

Court to Prosecutor. Were any of the other things found? - Here is one neckcloth which I cannot swear to.

Court to Prosecutor. Is the trunk yours? Yes, my Lord.

Court. The razor is not particularly specified in the indictment, it says, a mahogany shaving case, but the contents of that shaving case are not enumerated; are you sure, sir, that that razor was in the case at the time you lost it? - Yes, my Lord, positively so.

Court. These shirts that you lost had they been in wear any considerable time? About six months.

Do those that you have been looking over now appear to have been worn about the same time? - Yes.

Carpmeal. Here is abundance of locks and things that we found in the cellar, paper and books; and in the hand of Levy was that cane, which is very remarkable, being a loaded cane: Hart came in by himself, and Dudfield came in with one Read afterwards.

Prisoner Dudfield. Whether them shirts were made all at one time?

Captain Stanhope . Upon my word I know not, I am a captain in the nay, and have my linen very accidentally, some at one time, and some at another.

Prisoner Dudfield. I believe one of the shirts is quite a new shirt marked T. D. No. 1, it was taken off my back?

Captain Stanhope . It has not the appearance of being a new shirt.

JOHN BONNER sworn.

I am the coachman that carried that gentleman and some luggage, it was of a Sunday evening, I cannot justly mention when it was; I took up the gentleman and the trunk, and the shaving case which were taken out at the corner of Berner-street.

Did any body ask you to take any thing out of the coach? - No, I did not see any suspicious person at all.

Then how came you to ask Mr. Stanhope, whether he had sent any body for the property? - Because the man that was watering the horses perceived the off door open, and he told me; then I said, the things are gone, depend upon it.

Court. Then when Mr. Stanhope left the coach, the things were under your care within side the coach? - Yes, my Lord.

Then you did not observe any body take them away? - No.

PATRICK MACMANUS sworn.

I was employed in the search, I found the things that have been produced; they were found in different parts of the house, as Carpmeal has described.

How came you to search this house in preference to any other house in the town? There was an information at the office, that such sort of people lived there, that stole trunks; it was not for this property that we searched.

Prisoner's Council. After you had been there some time, did not a man come into the house, a man of the name of Jacques? I was not there then.

To Carpmeal. Did a man come in of the name of Jacques? - There was a man came in, and he ran away; I caught hold of him, and my foot slipped, and he ran away.

PRISONER DUDFIELD's DEFENCE.

I beg to ask Mr. Macmanus a question, he says, he had had information sometime back of the house, and the house has been shut up sometime; I have not lived in it three weeks.

Court to Macmanus. How long was it since? - I believe within that time.

Prisoner. He says it was sometime back.

Court. Three weeks is sometime back.

Prisoner. The trunk that was found there was found in the cellar, which belongs to one Samuel Jacques , a man that knocked Mr. Carpmeal down; the slippers were in his room: the man travels the country, and deals in different goods, he paid me eighteen pence a week for the room; I stopped these cloaths which were found, for some money due from him.

Court. What do you let the cellar to Jacques? - I let him put a box there which contained a quantity of whipcord.

Macmanus. All that whipcord has been since owned, it was stole out of a waggon.

Carpmeal. When Dudfield came in, we asked him, what part of the house belonged to him? he said, all the lower part, but the two pair of stairs was let to this man that got away, there were some things in the back room.

Prisoner Levy's Witnesses.

SUSANNAH PERKINS sworn.

You know this house? - Yes, there was a man lodged there named Jacques, he used to go in and out, and bring the things in and go to bed.

Prisoner's Council. That was the man that run away from Carpmeal? - I believe it to be the man, they said, that he lost a buckle, if I could see the buckle, I could tell whether it was the man or not.

Prisoner's Council to Carpmeal. Have you the buckle here? - No.

Court to Perkins. Did Levy lodge there? - He did lodge there, but he had been gone away about a fortnight, I cannot tell where he went.

There was a pair of breeches, and a pair of shoes, and some other things which he came for.

Court to Carpmeal. Did this woman tell you that Hart Levy lodged in the house? - Yes.

Mrs. Perkins. When they came in I was alone, and I was very much frightened, that I did not know what I said.

Carpmeal. You knew us well enough, you had no occasion to be frightened at us.

Court. What are you, are you wife to Dudfield? - No, Sir, I am not his wife.

Did you live with him in the house? - Yes, Sir, I did.

THOMAS DUDFIELD HART LEVY

NOT GUILTY .

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

(See No. 167, these two men tried and convicted.)

Reference Number: t17830226-4

164. JOHN WHITE was indicted for feloniously and burglariously breaking and entering the dwelling house of Andrew Snoxwell , on the 3d of January last, about the hour of four in the night, and feloniously stealing therein three silk gowns, value 50 s. one yellow silk gown, value 20 s. two silk petticoats, value 40 s. two stuff petticoats, value 20 s. one dimity petticoat, value 5 s. one pair of stays, value 20 s. one linen counterpane, value 10 s. one linen table cloth, value 5 s. the goods of Jane Lock , widow ; and a cotton gown, value 4 s. a muslin shawl, value 4 s. and a pair of cotton stockings, value 1 s. the goods of Ann Lock , spinster .

JANE LOCK sworn.

I sell fruit opposite St. Andrew's Church, I live in Field-lane now, I lived in Brewer's-yard, in Chick-lane four weeks ago; the man that keeps the publick house, and rented it, his name is Snoxwell, I paid the last rent to him.

Court. How long had you paid rent to him? - Since last Michaelmas. I and another woman had a lodging there.

Who had the rest of the house? - Snoxwell let it to a man that kept stables.

Snoxwell rented this house with the publick house? - Yes.

Did he live in the publick house? - Yes.

Did he let out all the rest of the house? - Yes.

Snoxwell had no part of the house to himself? - No.

Then there is an end of the burglary: what did you lose? - When I came down in the morning, the 23d of January, to go to my business, I locked and padlocked my door, and the padlock was taken away; in the evening a boy came to me, and told me my door was open; I went, and another woman followed me, seeing the place broke open, I could not speak: I lost the things mentioned in the indictment; I saw the things in the morning.

Have you had any of the things since? - Only a pair of stockings, which the constable Seasons has.

- SEASONS sworn.

I am a constable of Clerkenwell; I apprehended the prisoner, I found these stockings on him; I had an information on the 23d, and the people described him to me, I know him well; I told them the likeliest place to see him was in Long-lane, at the Sun and Punch Bowl; I found nothing else upon him, tending to this property.

(The stockings deposed to by Ann Lock .)

SARAH SPRIGWELL sworn.

I was washing, and I saw Mr. Davis come round several times, peeping round the corner, and then afterwards the prisoner came out with a bag on his shoulders, it seemed to be very full indeed, I do not know what was in it.

ELIZABETH HUSSEY sworn.

I was standing at my own door, the prisoner went by with the sack on his shoulder's he came out from Brewer's-yard, I could not see what house he came from, and I saw William Davis following him.

THOMAS GREENFIELD sworn.

I saw the prisoner carrying a sack, and the other following him.

Court. Was the prisoner one of them? - Yes, he had the sack.

PRISONER's DEFENCE.

My Lord, I belonged to the Earl of Oxford at Gravesend, and coming from Gravesend to get some employment, along Rosemary-lane, there was a parcel of cast cloaths women, and I bought these stockings for seven pence halfpenny; I got in liquor, and two or three girls met me, and stole my jacket and trowsers; I was taken up for this affair, I have no witnesses.

Court to Jury. We have been deliberating, whether the prisoner could be convicted of a capital offence, though not of burglary; but I think the same answer will hold to this part of the charge, because it is essential in an indictment to state whose

house it is; and upon this evidence it is not proved, that the prisoner has stole any thing out of the dwelling house of Andrew Snoxwell ; therefore the prisoner may be acquitted of stealing the goods in a dwelling house, as well as of the burglary, and found guilty of stealing only.

GUILTY Of stealing, but not in the dwelling house, nor of breaking and entering the dwelling house .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-5

165. CHARLES STOKES , DAVID HART and PHILIP GIBSON were indicted for feloniously stealing, on the 6th of February instant, one leather trunk, value 2 s. the goods of Francis Byde ; one bill of exchange, signed Samuel Jones , for Joseph Jones , Samuel Jones and Daniel Jones , bearing date at Manchester, the 14th of December 1782, value 17 l. 7 s. 6 d. one other bill of exchange, signed for John Naylor and Jeremiah Naylor , dated Wakefield, 11th of January 1783, of the value of 21 l. 7 s. 6 d. one other bill of exchange, signed by John Becket , for Thomas Wilson , himself, the said John Becket , and J. Overhill the younger, dated Leeds Bank, value 5 l. 5 s. and one other bill of exchange, signed James Mills and Co. dated Wakefield, 4th of January 1783, of the value of 23 l. 8 s. 6 d. the said bills at the time of committing the felony aforesaid, being the property of Joseph Robinson Pease , and Thomas Harrison , and the several sums of money payable on and secured by the said bills of exchange, being then due and unsatisfied .

THOMAS HARRISON sworn.

Where do you live? - At Hull.

Who are your partners? - Joseph Robinson Pease ; we are chiefly in the banking; I packed up eighty bills, and put them into a parcel, and gave them to our clerk to deliver to Mr. Byde.

Court. When was this? - I think it was the 27th of January.

HENRY BECKFORD sworn.

You are clerk to Mr. Harrison? - Yes.

Did you receive a parcel from Mr. Harrison? - Yes.

What did it contain? - Eighty bills.

What did you do with it? - I delivered it to Mr. Byde, unaltered, as I received it.

Prisoner's Council. You received these eighty bills after they had been made into a packet? - Yes.

Then you did not examine them? - I knew the amount of them, I filled up the indorsements.

FRANCIS BYDE sworn.

I understand you received a parcel from the last witness? - I did.

What did you do with it? - The parcel was laid down on the desk, Mrs. Byde was then packing, she took the parcel and packed it in, then I took two pair of shoes, and put them in: I saw her put them in and lock the trunk: the trunk and me came to London, it was never opened during my journey; I brought it safe to the London Coffee-house door, there it was at my feet. I came to town on Tuesday, the 6th of February.

Court. Did you stop on the road any where? - Yes, Sir, I had been at Leeds and Manchester. I went into the London Coffee-house , and was speaking about a lodging, and the postilion came in to know if I wanted a porter, and I sent for a porter immediately, and I stopped to talk to the gentlewoman at the bar about a lodging, she said, Sir, we have not a lodging, but I will get you one in the neighbourhood; when I came out the trunk was gone, I suppose I might be three or four minutes in the coffee-house; I always kept this

box close by me, and I missed it instantly, it was the first thing I looked for in the chaise.

Prisoner's Council. Did you see either of the prisoners when you went out? - No.

So that all you know is, that you left the box in the chaise, and when you came out it was gone? - Yes.

JOHN COOPER sworn.

You are a post chaise driver? - Yes.

You drove Mr. Byde from Barnet the 6th of February? - Yes, I drove him to the London Coffee-house: when Mr. Byde got out of the chaise, he had me unfasten the trunk, and he would send a porter immediately to fetch it in; there was a gentleman came out of the house, and he said, my lad, I want a porter to carry that trunk a good way.

Do you know that gentleman? - It was candle light.

Look about? - It was very much like that man's face (Stokes). I do think to the best of my knowledge, that it was that man came up to me; he came, and said, says he, I want a porter to carry that trunk a good way, says he, it is a very busy time for porters, and I have never a one within at this time, do you just step down to the New-Inn at the Old Bailey, it is not above twelve or thirteen doors at farthest; says I, I shall have something stolen out, says he, do you think I should desire you to leave your chaise and horses, if I did not take care of every thing that was there, he began to bully me, so I went and called a porter; I observed nobody else there: when I came back, the trunk was stolen.

Prisoner's Council. What time of the evening might this be, friend? - Between six and seven.

What kind of a night was it? - It was candle light, lamp light.

Where was you standing? - I stood with my back to the horses, and was unfastening the trunk.

Have you ever seen the man that you suppose was the man that gave you these directions as to the porter, have you ever seen him since? - Yes, I saw him once since in Bow-street.

What was your recollection as to that man in Bow-street, had not you a good deal of doubt? - Yes, I had.

You could not swear positively to him? - I could not, I cannot swear to him now.

WILLIAM WOOD sworn.

You are a waiter at the London Tavern? - Yes.

Do you remember the day that Mr. Byde came there? - Yes, the 6th of February: I went out from my business to take in Mr. Byde's luggage, and when I came out of the coffee-room door, I saw a man at the chaise door taking this trunk out; I met him in the middle of the chaise, and asked him if he would permit me to take it in; I cannot be sure of the man, I believe it was the one in black (Gibson); I will not be positive, I believe it was him by his size, his hair and his features, his dress is something altered; his hair was thin dark brown hair, he had a brown surtout coat on, but to be certain I would not; he brought it, and set it down on the stone at the door, desiring me to go and take a trunk that was before the chaise, he said, take it off as fast as you can: I went to take off this trunk, and I saw no more of the man: the hat box or little trunk was gone.

THOMAS BUCHANAN sworn.

I am porter at the London Coffee-house, I believe Mr. Byde came there on Tuesday, as near as I can recollect, I was sent out to help in with the gentleman's luggage that came in the post chaise; when I came there, I saw a trunk, and a man stand on one side of the door, and another on the other; I attempted to take it in, the man at my left hand side said, says he, let that down, you have no business with the house, If I was to see the man, I could tell you.

Look round and see if you can see him? I believe that gentleman in green is he, I am not clear enough to swear, but I have

a strong idea that was the man; with that I did not like the looks of the man, I turned round and opened the door, and said to Mr. Leech says I, I do not like the looks of this man, there is some robbery going forward; I wish you would enquire where the gentleman is; and immediately the trunk was gone; I saw nothing more of the man, nor the trunk.

THOMAS CARPMEAL sworn.

You are one of the officers belonging to Bow-street? - Yes, sir.

You had information of Mr. Byde's, having lost his trunk? - On Friday the 7th of February, about one o'clock Jealous Macmanus, and Clarke, and me, were going across Moorfield's, and we saw Stokes, Gibson, and one Barew, knowing them all we thought it proper to stop them and search them, we took them into the Red-Lion, a publick house in Moorfield's, I searched Stokes, and withinside his breeches, I found 40 bills wrapped up in this little handkerchief, I asked him what he had got there, he said he had got a rupture, and that was a truss; I said I had never seen a truss, let me look at it, I guessed what it was at the same time.

(The bills read.)

Jealous searched Gibson, and found a book which he will give an account of.

Court. What sort of a man is Barew who was with them? - A little thin man, short and very thin, about the size of Hart, but thinner.

CHARLES JEALOUS sworn.

You are one of the officers at Bow-street? - Yes, I was walking with Carpmeal on Friday the 7th, and we saw Stokes and Gibson, and one Barew that was with them at that time; we apprehended them, I searched Gibson, and in his pocket I found the list of the different notes that Mr. Carpmeal found in the breeches of Stokes.

Prisoner Stokes. My Lord, I will be obliged to your Lordship to compare them.

(The list handed up.)

Prisoner Gibson. I can prove I had that book before this robbery was committed, and the same writing in it, it has now without doubt, my Lord, this man might put down sums to make it correspond.

Court to Jealous. Has that book been in your possession ever since? - Yes.

Is it unaltered? - Yes.

(Three of the bills shewn to Mr. Harrison)

These are three of the bills that were sent in the parcel, and delivered to this young man Beckford.

(The bills shewn to the Jury.)

PRISONER STOKES's DEFENCE.

I won these bills at E. O. the man I won them of said, if I would meet him at a coffee-house in Leadenhall-street, which is next door to the India house, he would give me cash for these notes, I was going to meet him, and on my way Jealous and Carpmeal took me.

PRISONER GIBSON's DEFENCE.

I was at work the day before, and all the week, till dark, I came from my work, and called at the Red Cross in Barbican, I went to Mr. Gammon's, a watch-maker's in Barbican, and was there at tea; the next morning I went to my master's to see if my vice was done, and I went out again to seek for a man to make me some more tools, and I was going back to fetch my vice myself, and he happened to meet with this Stokes in Old Street; and going along Jealous and Carpmeal laid hold of us, and what reason they had to lay hold of me, I know not, which am as hard a working young man as any in London. I had the book in my possession, and a person saw them figures in it when I pulled it out of my pocket the Sunday before, when I shifted myself.

Court. There is no sufficient evidence against Hart.

The prisoner Stokes called two witnesses to his character.

For the Prisoner Gibson.

WILLIAM GAMMON sworn.

I am a watch engraver, I have known Gibson this four or five years, a very honest character, he was with me the night the robbery was committed, he drank tea with me, he staid sometime after; and I was at work, I believe he might stay an hour and half, or rather more; I believe he came about six o'clock, I cannot positively say when he went away; I believe it might be half after seven or eight; I live at No. 59, Barbican; I spent the evening with him that night, at the Red Cross, in Barbican; he asked me, if I was going out, I said yes; I went out at nine, and spent the evening with him, he was there.

What evening was it? - Thursday evening the 6th of February.

How comes you to remember the day? - Because when Mr. Gibson was taken up, he sent to me.

Council for the Prosecution. Are you a married man or a single man? - A married man.

Is your wife here? - No.

Why she is well is not she? - Yes, sir, she is very well.

At what o'clock do you drink tea? - I drink tea before I light candles.

How did you contrive on the 6th of February to drink tea at six o'clock, before you lighted candles? - Before I light my candle to go to work, I do not reckon of the small candle, I cannot afford a thick candle to drink tea with.

Do you put out one candle and light another? - Yes, sir, I work with a five farthing candle, and drink tea with a three farthing one.

Why is not your wife here? - I did not know she would be of any service.

Any other company to tea? - Only Gibson, he frequently comes up to tea or dinner or breakfast.

Then there was nothing particular in his coming to tea that afternoon? - Nothing particular.

What makes you recollect six o'clock? About six.

Was it before or after? - I cannot positively say to half an hour, it was not half an hour after six, I am pretty sure.

What o'clock do you generally dine? - About one.

And drink tea at about six? - Yes.

Was any body else calling on you that night? - No.

Does any body else live in the house? - Yes, sir, a great many people, there are several families in the house, but he has no business with any body in the house.

What makes you recollect the hour so well? - I recollect it was about six, I believe he might stay about an hour, he desired me when he was taken up, to recollect as particularly as I could, which I did.

What day before was it that he drank tea with you? - I cannot say.

Had he any day that week? - I dare say he had, but I cannot positively say.

What cannot you recollect whether he drank tea with you that week? - No, sir, I cannot.

Nor the week before? - No, I am sure he drank tea with me in the course of the time, I cannot recollect the day.

Court. You dine about one, I think you say? - Yes, sir.

If you dine at one o'clock, I should suppose you for the most part drink tea before you light candles at all, do not you? - Yes, sir, between the lights.

This man used often to drink tea with you? - Yes.

Then he knew the time that you usually drink tea? - Certainly he did.

How came he to drink tea with you an hour after dark? - He did not call particularly to tea.

Then it happened you drank tea an hour later then usual? - Yes, sir, I did.

Prisoner Gibson called two witnesses, who gave him a good character.

Court to Mr. Boyde. About what time

was it that you came to the London Coffee-house, as near as you can recollect? - About six, or half an hour after they were just beginning to lighten the lamps as I came into the town.

CHARLES STOKES , GUILTY .

DAVID HART , NOT GUILTY .

PHILIP GIBSON , GUILTY .

Stokes and Gibson to be transported for 7 years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-6

167. THOMAS DUDFIELD and HART LEVY were indicted for feloniously stealing on the 17th of December last, one hair trunk, value 3 s. the goods of Sarah Wilton , spinster , one silk gown and coat, value 4 l. one pair of sattin slippers, value 4 s. one linen handkerchief, value 8 d. one pair of stays, value 20 s. one silk cloak, value 12 s. and one pair of silk stockings, value 6 s. the goods of Joseph Pawsey .

NANCY PAWSEY sworn.

Are you any way related to the prosecutor? - I am his wife, my Lord; the cloaths that were lost were mine, I was at Silso, in Bedfordshire, on the 15th of December, I packed up the cloaths that were mentioned in the indictment, the slippers have my name on them.

Who did the trunk belong to? - My sister.

What is her name? - Sarah Wilton , I sent the trunk by the Silso waggon, directed to Mr. Pawsey, No. 5, Newport-street.

SAMUEL GRIFFIN sworn.

I am a porter to the Silso waggon, I work at the Windmill, St. John's-street, the Silso waggon puts up there; this trunk we took up about five in the evening into the cart, and seven more articles.

Did you make any observations on the trunk, to see to whom it was directed? - Yes, it was directed to Mr. Pawsey, Newport-street.

What kind of a trunk was it? - This is the trunk, (The trunk produced) we had several more articles in the cart which we delivered first, and when we came to Mr. Pawsey's-house, the trunk was missing, just by the New Church, in the Strand it was taken away, there was a gentleman came and spoke to me, and the while the trunk was gone out off the cart, I did not see any body have the trunk.

Then how can you say it was taken away at that time? - Because it was in before, and I kneeled upon it, before I spoke to that gentleman.

Who was the person that you spoke to? That gentleman there Levy, I saw the trunk just before he spoke to me, and I missed it directly after.

Did you observe the other prisoner in company with Levy at that time? - No, I did not.

What did he talk to you about? - He asked me which was the way to Queen-street.

Did you know him before? - No, I had not seen him before, but I knew him very well when I saw him again.

Did any thing further pass between you and him? - No.

Did the prisoner Levy endeavour to turn off your attention from the cart, and turn your face the other way? - No.

Did you give him directions? - No, I could not.

Where did you see the trunk first after you lost it? - At the justices.

Are you sure that trunk that is now produced, is the same trunk that was put into your cart to be carried to Mr. P ewsey's? Yes.

Prisoner's Council. Can you write? - No.

You can read? - No.

Neither write nor read! How did you contrive to read the directions so pat, my lad to Mr. Powsey's in Newport-street? - It is a house that we often go to.

Aye and often carry trunks there, hair trunks? - Not hair trunks.

What day was it you carried these parcels to that place? - The 17th of December.

And you took it up about five in the evening in St. John's-street? - Yes.

You did not read the directions of any of them? - I knew where they were going to.

How many parcels were there? - I do not know how many there were in the whole.

Then how did you know there was one missing? - I knew that in particular was missing, there was but one trunk and a bandbox, there was no boxes at all besides.

What parcels had you? - There was a great many long goods.

What do you call long goods? - I do not know what they call them.

I suppose there was other peoples goods in that cart? - Yes and a hamper.

And some other trunks at that time? - We had no other trunks but them in the cart.

How many horses have you in your cart? - One.

Which way did you drive him? - I rode in the cart.

What sitting upon the head of the cart? No in the cart.

What standing? - Yes.

What was there a tailboard to the cart? No.

The cart was tied with ropes? - Yes.

And you standing in the cart all the time? - Yes.

It was dark? - Pretty dark.

You say it must be about a quarter after five when you got to the New Church in the Strand? - Yes.

How was the gentleman dressed? - In a blue coat and boots on.

Where did he stand by the side of the cart? - He stood by the side of the cart to me.

The cart going on? - The cart stood still.

How came you to stop the cart? - Because my fellow servant was gone into an oil shop.

Had he a cockade in his hat as an officer? No he had not, I told him I could not tell him.

Then he left you? - Yes.

He could not be long asking you the way to Queen-street? - No.

And you could not be long in bringing out you could not tell him? - No.

What kind of hat had he on? - A cocked up hat.

You was not acquainted with the gentleman before? - No.

Do you know every man that you have seen once in your life, now master? - I knew him very well, as soon as I saw him again.

How long was it till you saw him at Bow-street, cannot you tell that, was you ever at Bow-street? - Yes.

When was it? - Last Friday.

Did you ever see that man from the 17th of December till last Friday? - I do not know that I have.

Court to Griffin. You had a fellow servant along with you? - Yes.

Did he ride in the cart with you, or walk along side? - He walked along side.

Had he ever stopped the cart, or left it before you stopped the cart at the New Church in the Strand? - No.

Then that was the first opportunity of finding you alone? - Yes.

Had you your knee on the trunk? - I took the directions off the hamper, and gave it to my fellow servant to go and read it, and when I took the direction from the hamper, as soon as ever my fellow servant came, I found this trunk was gone, and the gentleman was gone, I found it directly.

In what part of the cart was this trunk? About the middle of the cart.

HENRY COWLEY sworn.

I was fellow servant to the last witness; I went with the cart, and went to a shop in order to have a direction read, which belonged to the hamper.

Had you before that seen the trunk in the cart? - Yes, and when I returned, the moment I got into the cart, I saw the trunk was missing.

Did you see any body about the cart, at the time that you took this direction to the oil shop? - No.

Is that the trunk that you had in the cart? - Yes.

PATRICK MACMANUS sworn.

The night that we went to the house of Dudfield, after Dudfield and Levy, and one Reed that is in custody: in the room that Mrs. Dudfield told us, that Levy lodged in we found this trunk, it has been under lock and key ever since, I am sure that is the same trunk: there were five or six trunks, they were all carried to Clark's house, and I carried this to my own house.

Court. Levy's cloaths were not in it at the time it was found? - Nothing was in it, we had found the other things that were here before, a silk gown and coat, they were found in Dudfield's drawers, in the same house, a pair of sattin slippers, a handkerchief and napkin, and a remnant of linen, (the gown and coat and slippers deposed to by Mrs. Powsey, the slippers having her name in them, which had been endeavored to be rubbed out, and she said she knew the gown by the trimming.)

Prisoner's Council. Did you put the trimming on yourself, madam? - No, sir, I did not.

I suppose it is like any other trimming that any mantua maker puts on? - It is not very usual.

Is it in the same situation as it was when you had it? - No.

Then at present it would not fit you? - No, sir, it would not.

Only that trimming is like your trimming? - Yes.

You bought that gown I suppose at some mercers in town? - I bought it at Bellamy's in Chandos-street.

There is a great deal more of the same piece I suppose? - Perhaps there may.

Prisoner's Council to Macmanus. Who did you see in the house? - Mrs. Dudfield.

It was a woman in the house that you chuse to call Mrs. Dudfield; were either of the prisoners there? - No.

Then they did not hear what this woman said? - No.

She made no hesitation about giving you the keys? - No, I do not know that she did.

PRISONER LEVY.

I have nothing to say.

PRISONER DUDFIELD's DEFENCE.

The gown and coat and slippers I bought together as I was coming down Monmouth street one day, a woman were exposing them to sale, they did not agree, and a person that I am acquainted with was with me, and she said she thought they would fit her, the woman wanted four guineas for them, and we bid her three guineas and a half, and she took it, and she lent us the handkerchief to wrap the things in.

Court. I suppose she gave you the trunk to carry them home in? - No.

How came you by the trunk? - The trunk I have had a long time.

What do you mean to call a long time? Some months.

THOMAS DUDFIELD , HART LEVY,

GUILTY .

Both Transported for seven years .

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

Reference Number: t17830226-7

162. JAMES WEST was indicted for that he (together with James Thompson ) did make an assault on Mary Spalding , widow , in a certain field and open place near the king's highway, on the 14th of September last, and put her in fear and danger of her life, and take from her person, and against her will, a linen gown, value 6 s. a cloth cloak, value 4 s. a linen handkerchief, value 6 d. a linen apron, value 4 d. a dimity petticoat, value 3 d. and a silk hat, value 4 s. the goods of the said Mary .

MARY SPALDING sworn.

Court. Where do you live? - At Queenhithe.

What is your business? - I am a servant . Was you robbed at any time? - Yes, about four or five months ago, going to see my children.

Do you know what month it was in? - I cannot say.

Was it before or after Michaelmas? - I cannot tell.

Where was you robbed? - In Stepney fields , between seven and eight at night: I had been to Poplar workhouse, I have two small children there, I had been to see them, and coming back these men attacked me.

What do you mean by these men? - This man and one James Thompson .

When did you see them first? - The first that came to me, the little one, commanded my pockets immediately, the other came bodily up to me, and that gentleman he put this knife (producing a knife) into my mouth through my hat, and they took all my property, and stripped me, first my cardinal, next my pockets, next my gown, my handkerchief and my apron.

Did the prisoner hurt you at all with that knife. - No, I cannot say he did, he put it through my hat, I suppose to frighten me, because I made a great insistment, that they should not strip me, they were not five minutes stripping me; then they ran towards the fields, I kept going on the straight path back again to the nighest house to me at Stepney.

Have you ever seen the prisoner before? Yes, Sir.

Did you know him before? - I am sure that is the man, I am positive he was the man, because he had my property on his arm, he was taken about a quarter of an hour after.

What became of the other? - Thompson was tried here, he was acquitted.

Prisoner. She swore the same to Thompson as she has done to me.

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

Reference Number: t17830226-7

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 at Law, &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.

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 26th of FEBRUARY, 1783, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER III. 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.

MDCCLXXXIII.

[PRICE SIX-PENCE.]

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 West .

JAMES LUNDEN sworn.

I am clerk to Mr. Phillips, the brewer; on the 14th of September last, about eight in the evening, as I was going between the Ship and Sun Tavern Fields, being a vacant space, where there are no houses; I heard in Stepney Fields a most melancholy cry of Murder! murder! O do not kill me! I hesitated a few minutes what to do; I looked round and saw no person, I ran down the lane alone; but considering it would be dangerous and foolhardy, I ran back again, and I went into the Ship for assistance, I saw no person in the tap room, but I called out, For God's sake, is there nobody in the house, I believe there is a woman murdering in the fields; I heard some voices in the other room, there were three men smoaking their pipes; they followed me: here I must observe, my Lord, that when they got out of the door, the cry of murder was over, and the men heard nothing of it, and when they had got about half way through the lane, they returned; I begged them to follow me; near the bottom of the lane, I met the prisoner and one Thompson, they attempted to shun me by going close up the bank, this immediately made me suspect them; I collared Thompson with my right hand, and with my left I pushed the prisoner against the bank; in this situation the people behind came up; I observed something under his right arm, and put my hand to it, one of the other persons did the same, it was a woman's gown; he then began to make resistance, and attempted to get away, but we overpowered him, and with some difficulty got him into the Ship; there he was secured; then I begged somebody to go with me and look after the woman, we found the woman without her gown, her apron off, and her breast open.

PRISONER's DEFENCE.

As for the gown, I had been at work on the Saturday, and had received my wages, and I found the gown in the pathway; it was dark, and I put my foot against the gown, and it had like to have thrown me down; I have no witnesses.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-8

166. JOHN MURPHY was indicted for feloniously stealing, on the 11th of February instant, one leather bag, value 2 d. one canvas bag, value 6 d. and twenty-six pounds and three quarters of verdigrease, value 30 s. the goods of John Chapman and Thomas Churchyard .

JOHN CHAPMAN sworn.

I live at Queenhithe Wharf , I am a drysalter and oil-man , my partner's name is Churchyard; I lost a sack of verdigrease, it was taken away on Friday was week, there was twenty-six pounds three quarters; it was lost out of the cellar where it was usually kept, we had fifty sacks in a little time before; the prisoner was a porter of ours.

Court. Had he access to the cellar? - Yes.

FRANCIS WALLIS sworn.

I am a cooper to the prosecutor; I had occasion to go down into the cellar, on Tuesday, the 11th of this month, as I was looking for an article, I saw a sack in a corner behind some oil pipes, I thought it had no business there; I weighed it in my hands, and as it was so heavy, I thought all was not right.

Court. Why? - I thought it was secreted there with intent to be taken away at night.

Whose sack was it? - My master's, there was verdigrease in it, I thought it might weigh about a quarter of a hundred; the next morning, while the prosecutor went to the Corn Market, Evans and me went and counted over the parcels which came in the day before, and there was but forty-nine, and we concluded that must be one; we cut a piece out of the sack, which I wrapped up, I put it into the place again, it was there till Friday a little before 12 at night; I went home before the other man, Evans.

OWEN EVANS sworn.

On the 11th of February, Francis Wallis , cooper to Mr. Chapman called me down to the best of my knowledge, and I saw the parcel, and the next morning I cut a square piece out of the sack which the constable has; at night I sent the prisoner at the bar for a basket, every one was from below where the things were secreted, and he went out for the basket; and I took upon it he took the sack at that time; a little before eight the prisoner brought the keys into the compting house, and then he came into the upper warehouses, and says to one of the men, William, will you go? which struck me instantly that the parcel was gone.

Why so? - It did, because I never saw him up before; I said I was affraid we had a thief in the house, I went to see for the sack and it was gone; it may be from ten minutes to a quarter past eight when the man went out, and I went instantly after him; I had been in the cellar before in the course of the day, but I had not observed the place where the sack was; I informed Mr. Chapman it was gone, we went to the prisoner's lodgings, and took him up, and upon the stair-case we found the property; he lodged up one pair of stairs in a court on Saint Dunstan's-hill, at the house of one John Thomas .

Court. Who was the man that he spoke to before he set out, and said let us go? - His name was William Dawson , he lives with Mr. Chapman.

Where does he lodge? - He lives in Warwick Lane.

Court. Was this verdigrease when you found it laying open or hid any where? - It was open, any body might see it there, when we went he had company; I apprehend he had not an opportunity to take it in, and that he left it on the stairs; the constable has the bag.

Prisoner's Council. Is William subpoened to come here? - No.

He went out with this man? - Yes, they went down stairs, and went out of the gate as usual.

Could they have gone that way to the cellar? - No, neither of them could.

How many other lodgers are there in the house where the prisoner lives? - I do not know.

Is not it a common lodging house? - I do not know.

WILLIAM CASSIDY sworn.

I am a constable, I went with Mr. Chapman the last witness, and one Mr. Pack to the prisoner's lodgings; we asked if he was at home, he was sitting on a chair, and said my name is Murphy; says I, I understand you have some goods confiscated here that are not your own; he said he had not; and I bid Evans call the gentleman up stairs, which he did; they said what is in this box; a young woman very freely opened the box, and we searched all round, and she opened a chest of drawers, and there I found a bag of pepper: the prisoner was going up stairs, I stopped him, and insisted upon knowing of the landlord whether he had any rooms up stairs; he said he might put any thing up stairs; they tumbled all down stairs together, and I followed them; they struggled, and I fell over them in the struggle, and Evans said, I have got what I wanted; he had the bag of verdigrease in his possession on the sill of the door in the court; we took the prisoner to the Compter.

Court. What occasioned that scuffle? - I cannot tell, nor who it was between, for the stair-case was so narrow, it was impossible for two people to pass.

Did you see where Evans took the bag from? - I cannot tell.

How did the prisoner get out of the house? - I do not know, the bag is here, and has been in my custody ever since I took it from the door.

Who gave it to you? - Owen Evans .

(The verdigrease deposed to.)

Court. What occasioned the struggle? When we searched his room, the landlord came up, and I went up four or five stairs to search further, and the landlord followed me; but Murphy, who I looked upon was coming after us, instead of that ran down stairs, and Mr. Pack, happening to be on the stair case, catched him by the collar, and he tumbled down, and I look upon him, that he pulled Mr. Pack after him, and the constable, and Mr. Chapman followed.

Court. Was that parcel which you afterwards delivered to the custody of the constable the same that you found on the stairs? - Yes.

Mr. Chapman. My Lord, before I got quite down, the prisoner had disengaged himself from Mr. Pack, and he slipped his two arms out of his great coat, and ran away; I saw him run down the hill, and called out, Stop thief! and he was stopped on the keys of Billinsgate.

Prisoner's Council to Cassidy. Do you know this house where you found the things? - I cannot say I do.

Is not it a common lodging house? - I do not know.

You with all your attention could not find any thing but the pepper? - No, sir.

But Owen Evans , he with a degree of joy, halloo'd out, I have found what I want now? - Yes.

Had they a candle? - No, there was no light at all upon the entrance of the door.

PRISONER's DEFENCE.

I leave it all to my council.

Edmund Thomas . The prisoner's landlord deposed, that he had two other lodgers, and that there were two doors to the house, and that the street door which went up to the prisoner's apartment was open to the lodgers, or any body else to come in; he said, the prisoner had lodged with him almost two years, and bore a good character.

The prisoner called three other witnesses who gave him a good character.

Court to Smith. You are servant to Mr. Chapman? - Yes, I let the prisoner a nd Dawson out that night.

Did he carry any thing with him? - I did not see it.

If he had carried any thing out with him, must not you have seen it? - I must.

GUILTY .

Transported for 7 years .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17830226-9

168. ELIZABETH IRELAND was indicted for feloniously stealing on the 24th of January last, one black silk gown, value 12 s. a cotton gown, value 10 s. a linen apron, value 4 s. a muslin apron, value 4 s. a black silk cloak, value 3 s. and one linen bed quilt, value 3 s. the property of Catherine Durward , spinster .

CATHERINE DURWARD sworn.

I live in Craven Buildings, in the Strand , with my mother: On Friday the 24th of last month, I lost the things mentioned in the indictment out of the parlour, between seven and eight in the evening, I had seen them about an hour before; I never saw the prisoner till she was taken.

Court. How long after this loss was it before the prisoner was taken up? - The Thursday after I was informed that my cotton gown was to be sold at the back of St. Clement's, I went to the shop, the name of the person that keeps it is Hannah Dupree ; I went to my friend, and desired him to go to Bow-street, and Miss Dupree was brought there, and she brought the woman there that she had it of, her name was Sarah Simpson , she bought some things of Miss Overy in Maiden-lane, Wood-street, and she said she bought them of the prisoner; we then went to the prisoner, I went with my friend Mr. Charles Lethwaite ; the prisoner lived in Red Lion market, White Cross-street, the black silk gown the prisoner said she had sold; this was when she got into the coach.

Court. How long was it before she was put into the coach? - Near a quarter of an hour, I went with her and Mr. Lethwaite, and when she got into the coach, she begged and prayed I would not take her before a justice, and she would give me any thing to make it up, if I would settle it; then we went to Bow-street, and she could not give an account how she came by the things; and they were given up to Miss Overy, and the prisoner was committed.

Prisoner's Council. Was this hanging up at the door? - Yes, at the door.

Is the person here that sold it to that woman behind St. Clement's? - No, sir, but Miss Overy is here who bought it of Mrs. Ireland.

MARY OVERY sworn.

What things have you there? - These things I bought of the prisoner on Saturday after the robbery was committed, as I learn from the prosecutrix, I cannot recollect the day of the month.

What are the things that you now produce? - Here is a cotton gown, a lawn apron, a muslin apron, a black silk cloak, and a white quilt.

Court. You bought them outright of her? - I bought them of her.

Where do you live? - In Maiden-lane, Wood-street.

(The things deposed to by the Prosecutrix.)

Court to Mrs. Overy. What business may you be? - I sell all kinds of linen drapery goods, muslins, lawns, Irish, and every thing of that kind.

Do you sell them made up in garments, or in the piece? - No, in the piece.

How came you to purchase these sort of things? - I frequently buy both, of pawnbrokers, and of gentlemens servants, all sorts of left off cloaths; I was recommended to the prisoner last summer, I bought something of her at that time, as she took

in things in pledge, I said I should be glad to deal with her.

Court. What is Mrs. Ireland, a pawnbroker ? - Yes.

Prisoner's Council. Then you bought these things in the way of business? - Certainly, I bought them openly and publickly in her shop, there were many people that were in and out at the time.

Court. Did you afterwards dispose of these things to the person in Holywell-street? - No, my Lord, I wanted the white quilt for my own private use, or I should not have bought the other things; I carried them to Mrs. Simpson, she sold them behind St. Clement's, I seldom go to cloaths shops myself.

Did you put any mark upon these things? - No, sir.

That is a very common gown, is not it? Nothing particular.

Nor in the aprons? - No, here is one I had the curiosity to count the darns in it, there were between 60 and 70 darns.

No more, at what o'clock was you there? About eight on the Friday evening.

Was Mrs. Ireland at home then? - Yes.

Did she go out that night? - I did not see her go out, I was very much fatigued, and sat down, and she was in and out in her back shop and her fore shop some time, for a quarter of an hour.

What o'clock did you go there? - About eight she was in her shop in and out many times.

Did people come in to sell, as well as to pledge? - I cannot pretend to say what they came about, but many different people came in.

Court. Did you come to Mrs. Ireland's that evening, with a view to purchase any of these specific articles? - No, I called by chance, as I do at other places to know if she had any thing.

When Mrs. Ireland has had an inclination to get rid of a lump of goods, you are the person that take them off her hands? No, sir.

Had you ever done it in any other instance before? - Not in particular, my Lord.

Did you buy any thing else besides this property? - No.

How much did you give for these things? I gave three and twenty shillings, and I sold all but the quilt for 17 s. 6 d. for I told the woman who had them, that I thought they were very dear; I said, well says I, I will give you so, and so for them, she said she would not let me have them, I wanted the quilt, the other things I sold for 17 s. 6 d. which is reckoning the quilt at 6 s. which is in the indictment, I find only valued at 3 s.

Court to Prosecutrix. Pray what value do you set on these things, they are your own property now? - They are thirty-eight shillings in the indictment.

Was you acquainted with the value that was set on these goods when they were set down in the indictment? - Yes.

Then in your conscience, do not you believe they were the just value? - No, sir, I do not think it is.

Then you think they are worth more? Yes, a great deal more.

How much more do you think, speaking reasonably? - I cannot tell, the gown cost me twenty-eight shillings before it was made, this apron cost 13 s. 6 d. the other apron 16 or 17 s. it was damaged muslin.

Prisoner's Council. Let us look at that damaged muslin apron, I believe nobody will give 6 d. for it now.

Court to Mrs. Overy. Very likely you might be glad to get rid of them? - I had no reason to be glad to get rid of these things.

CHARLES LETHWAITE sworn.

Miss Durward came and informed me, that she had seen her gown, and some of the things that she had lost in the shop of Mrs. Hannah Dupree .

Did you go to the prisoner? - Yes, and I found these things in the possession of Miss Dupree, she told me the person she bought

them of, she is a cousin to Miss Overy, and a dealer in old cloaths in St. Giles's; she told me before I took her into the coach, that she bought 30 l. worth of goods of Mrs. Ireland along with these, that she was very sorry she had been concerned with her. I desired Mrs. Overy to go to the prisoner; we went to White Cross-street, when Mrs. Overy cried out, there is Mrs. Ireland, says I, you sit in the coach I will speak to her; says the prisoner, what do you want, (she keeps a chandler's shop in Red Lion Market, White Cross-street;) I went into the parlour with her; pray says I, do you recollect selling to Mrs. Overy, who spoke to you in the coach, any wearing apparel, a day or two ago? - Lord bless me, says she, I hope there is nothing the matter, says I nothing particular, only these things were stolen; with that she fell down on her knees, and her daughter at the same time on her knees, imploring for mercy; and for God's sake to make it up, any sum whatever she would give; I told her, no I could not, she must go with me to Bow-street, where my application was; she was very unwilling to go, but she went to the door under pretence of getting her hat and cloak, and made off.

Court. How do you mean made off? - By running away to secret herself.

What into the street? - Into an alley, she got out of her own house, I recollected she was not to be trusted out of my sight; I turned round the corner and saw her, and shoved her into the coach; the prosecutrix was in the coach, and Sarah Simpson and Mary Overy , we carried her to Bow-street, and she several times petitioned to go to a publick house, and settle the matter at Bow-street.

Have you any thing more to say? - I believe that is sufficient.

Did you hear any thing said by the prisoner about a black silk gown? - Yes, she said she had sold it for 5 s. and she had a very hard bargain, and she lost 2 s. by the sale of the goods.

Where was it that she told you so? - In the coach before all the witnesses.

Court to Prosecutrix. What was the value of your black silk gown? - I do not know the exact value of the gown, but I suppose if I was to go to buy such a gown, I should not get it for a guinea, or a guinea and a half.

Prisoner's Council. The prisoner was much frightened? - Yes.

Did she tell you what she bought them for? - She mentioned in the coach, that she had given 30 s. for them, and sold them for 28 s.

Then you understood by her, that she had bought them; what are you? - I am a grocer.

Court to Prosecutrix. As you was in the coach, what did you hear this woman say about the black gown? - That she had sold it for 5 s.

PRISONER's DEFENCE.

My Lord, an old cloaths woman brought them to me, and I happened to buy them, I gave 30 s. for them, the black gown was a rag, it was not to be called a gown, that gentlewoman knows she would not be troubled with the gown.

FRANCES COX sworn.

I am a servant to the prisoner.

Was you at home on the Friday the 24th of last month? - Yes.

Do you remember the prisoner buying these things? - Yes.

What o'clock was it? - I take it to be about nine.

Was your mistress at home all that afternoon? - Yes.

Was she out any time? - All the day, and all the evening she was at home I remember a person coming to my mistress and selling something.

Court. How came you to be so particular as to the 24th? - Because I looked into the Almanack to remember the day.

Court. Was she at home on the 22d? - I think she was.

You are sure it was a Friday? - Yes, it was a Friday.

How soon after was your mistress taken up? - The Thursday following.

What sort of a shop does your mistress keep? - She keeps a chandler's shop, and takes in pledges.

ANN PEARSON sworn.

I know the prisoner, I was at her house in January last, I rent an apartment there, and I have been there almost four years.

Do you remember whether she was at home on the 24th of January? - Yes, I take in a little washing, and I know the day of the month by my bills, and I never missed her once out of the house in the afternoon, she served me a penny candle at seven in the evening.

Did she go out after that? - I do not know, I did not see her after seven.

Court. What time did you go to bed this Friday evening? - About eleven.

Was not you to and fro after seven as well as before? - Not to take any notice.

MARTHA IRELAND sworn.

I am Mrs. Ireland's daughter.

Was you present when the prisoner bought these things? - I was at home all the 24th of January, my mother was not out all the day, I was present when she bought the goods, she gave thirty shillings for them, I am very sure she was not out all the afternoon.

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

NOT GUILTY .

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

Reference Number: t17830226-10

169. JOHN VALENTINE BROUGHTON BIRT was indicted for feloniously assaulting Ann Jemima Wroughton , spinster , on the 22d of September last, on the king's highway, and putting her in fear and danger of her life, and taking from her person, and against her will, one silk purse, value 3 s. one piece of silver coin of this realm, called a crownpiece, value 5 s. one piece of silver, called a coronation piece, value 4 s. one piece of silver, called a French shilling, value 10 d. and one shilling and sixpence in monies numbered, her goods and monies .

ANN JEMIMA WROUGHTON sworn.

On the 22d of September last, coming from Hampstead to Barnet, I was stopped at three o'clock in the afternoon, between Hendon and Mill Hill , by a single highwayman, who produced a pistol, and demanded my purse, which I gave him; I then asked him, if I was met again, what I should say; and he said, you may say, you have seen the captain.

Court. How long did he stay with you? - Only while he took our purses.

Did he behave rudely or civilly? - Not uncivil at all.

It was full day-light at that time? - Yes, Sir.

Have you any knowledge of the person that robbed you? - I saw him pass the chaise before he stopped it.

Had you opportunity of observing him so as to know him again? - I think I should know his face.

Have you ever seen him since? - Not that I know of.

Be so good as to look round and see if you see him. - No, I do not think I do.

Is the prisoner at the bar the same person? - He does not strike me as being the same person.

Prisoner's Council. I believe when he was first taken up before the justice, you was desired to look at him, and then you expressed yourself in the same way. - My opinion has been the same from the moment I saw that young man, I did expect to see the same face that stopped me on the road.

ANNA ARNOLD sworn.

I was in the chaise with Miss Wroughton.

Is there any material circumstance that she has not mentioned? - No.

Should you know the person if you saw him again? - I think I should.

Have you seen him since? - No.

Then I will ask you at once, do you think the prisoner at the bar is the person? - I do not believe him to be the man.

Prisoner's Council. You was before the Justice, and was of the same opinion? - I was.

EDWARD FREEMAN sworn.

What are you? - I drive a post chaise belonging to Mr. J. Bing, at Hadley, I was driving the post chaise, I remember being stopped.

Did you observe the person that stopped you? - Yes.

How long had you seen him? - He past me and went before me for almost a mile: he stopped the chaise, and robbed these ladies as they have related.

Have you ever seen him since? - No, not after he had done the robbery, till he was taken.

But have you seen any body since the robbery till this time? - No, not like the man that robbed the chaise.

What have you to say against this young man? - I believe him to be the person, I have not seen any body besides him, I have not seen him, not since the robbery.

Jury. Did not you see him before the magistrate? - Yes, when he was taken, I saw the prisoner first at Hatfield.

Find him out. - That is him, (pointing to the prisoner) he was sitting at the public house at Hatfield, about four months after the robbery, there was an elderly person standing at the door, and he asked me to take him to Barnet, I told him I could take him, and he said, there was another in the house that wanted to go too: I went in to drink, and I saw the prisoner eating oysters, and he had some beer, and he bade me lay hold of the cup and drink, and I drank, and he emptied it; and then he said, now damn me we will have some more: he asked me, whether I drove for Burton at Barnet; he looked at the chaise, and said, what, you drive this chaise; I came to Potter's bar, I stopped to give my horses some hay, he said, bugger the hay, I want to be in town; I called out to the landlord, and told him, I believed he was the person that robbed the ladies.

What reason had you to believe so? - Because I took such a knowledge of him, I had such a full view of his face, that I really believe he was the man.

What did you recollect him by at four months distance? - I had such a full view of his face, I had such knowledge of him, that I really believed he was the person.

He was taken up before the magistrate, and the ladies, who were robbed, were brought there? - Yes.

And they said, they did not believe him to be the person? - So one of them said, as I heard.

And did you undertake to swear positively at that distance of time, that he was the person? - Yes.

Will you swear now that he was the person? - I really believe him to be so.

Believe him to be so, what reason have you to believe him to be so? - Because I think I am positive of him: I said, if I saw him a twelvemonth hence, I should know him.

Did you ever give any description of him to any magistrate? - No.

Prisoner's Council. Never saw him before? - No.

Nor for four months afterwards? - No, never saw him, nor knew him.

How long have you been a post boy on that road? - Six years last July.

You have heard of the reward before now? - Yes, but I do not do it for any reward.

Did not you doubt, when the ladies said before the magistrate, that he was not the man; when they went into the room, one

by one, each of them separate, and one said, upon her oath, she did not believe he was the man, and the other said the same? - I thought he was the person.

Could not these ladies see as well as you? - They were frightened.

How do you know they were frightened? They screamed and shrieked out.

Did you ever describe him to any public office at all? - No, I have described him to people at Barnet, I said, he was a young man.

No other description? - I said, he was a little man, a young man, and his hair tied behind, and a dark chesnut horse and spatterdashes buttoned up to the knees, and a pair of spurs on.

You do not know what coach he came up by to Hatfield? - No.

Court to Prosecutrix. Did you scream out violently when you was robbed? - I believe I might, I said, what are we to do.

Prisoner's Council. This is a young man of worthy parents, and as good a young man as ever lived: he was coming to town, he stopped to eat some oysters, and was taken up in this manner; he was at Grantham at the very time that the robbery was committed.

Jury. Post chaise boy, have you ever seen the horse since? - No.

Should you know the horse again? - Yes.

Jury. There was no reward for the horse.

- DYNELEY, Esq; sworn.

I think about June, 1781, the prisoner came to our office, Dyneley and Bell's, to serve in the office; recommended very strongly to us by Mr. Lee of Grantham; this young man lived with him as clerk; I told him after some time we were full, but tha t I would endeavour to get him a place; I gave him some writing to do, which he did very well, I recommended him, thinking him a very good boy, to Mr. Pares of Leicester, with whom he served, I believe, a year: I have since seen Mr. Pares, and he told me, he behaved very well, there are four or five people that can prove him at Grantham at the time.

Court. I dare say, Gentlemen, you are satisfied.

Jury. Yes, my Lord.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-11

170. JOHN VALENTINE BROUGHTON BIRT was again indicted for feloniously assaulting Anna, wife of Richard Arnold , on the 22d of September last, on the king's highway, and putting her in fear and danger of her life, and taking from her person and against her will, one silk purse, value 2 s. and 11 s. in monies numbered, the goods and monies of the said Richard .

This depending on the same evidence the prisoner was

ACQUITTED .

Reference Number: t17830226-12

171. WILLIAM COX was indicted for feloniously stealing, on the 17th of January last, eighty iron hoops, value 30 s. and sixty pounds weight of iron nails, value 20 s. the goods of our Lord the King.

A second Count for stealing the same things, only laying them to be the property of Jonas Hanway , Esq ; and others.

A third Count for stealing the same things, only laying them to be the property of certain persons unknown.

JOHN GOSLIN sworn.

Do you remember at any time seeing the prisoner at the bar on Tower-hill? - Yes.

What passed at that time? - On the 13th of January, about eight o'clock, I saw the prisoner pass over the hill, as I was watching for some goods, I saw him with a bundle at his back, and I run up to him, and

asked him, what he had, he said, nothing; on examining him, I found it to be nails. (they are in Court.)

JOHN WILKINSON sworn.

I am a constable, I apprehended the prisoner a month ago last Sunday morning, about four o'clock; I apprehended him for stealing of hoops, and he gave us an account before the magistrate.

Was you present before the magistrate? Yes.

Was any thing taken down in writing? I do not know particularly whether it was or no, I heard him acknowledge carrying hoops belonging to King's-stairs into the stable, where the King's horses were, he brought them out of some store place in the victualling office, where the hoops were commonly kept, to the stable.

What hoops did he acknowledge stealing? - Two or three parcels, but I cannot tell how many they contained.

Were there any promises or threats to the man to make him confess this? - Not to my knowledge, we had been before, and searched three houses by his own confession, I never heard any body say any thing of that kind to him.

Prisoner's Council. Pray, friend, did you see these hoops that he talked of? - No.

Then all these hoops that you have been talking of, you never saw? - No.

You are quite sure that there was no promise made him? - Not to my knowledge.

JOHN SADLER sworn.

I am a headborough, I apprehended the prisoner along with Wilkinson; I heard the prisoner acknowledge taking hoops; I went along with him to the places where he said they were sold, we did not find any, it was too late: there was no promise made him at all to my knowledge.

Prisoner's Council. What was the inducement for this man thus to make this confession without any kind of promise? - I cannot tell.

Did you ever see any hoops? - No.

Court. Where did he say he had taken the hoops from? - Out of some warehouse in the victualling office.

ADAM BELL sworn.

I believe you are one of the principal officers in his Majesty's cooperage? - Not principal.

Do you know this prisoner? - Yes.

What is he? - He is employed as a labourer and watchman , we have frequently lost large quantities of nails out of the cooperage shops, but as to hoops from their multitude we cannot say when we lose them; we found some in the horse pond in the cooperage; three parcels of them has the King's mark on them, two bundles has not, there appears to be about forty that has the King's mark on them.

Have you any knowledge at all how they came there? - Only by information.

Who was it from? - From a man who absconded, who was also a watchman; I was present when the prisoner was examined; the prisoner was to have been sent on board a man of war, when he was taken up for the nails; the Board understanding that one of their labourers and watchmen were taken up, desired me to go and look at them, but I could not swear to them; they threatened that he should be sent on board a man of war, he desired to make some discoveries, provided they would not let him go on board a man of war; they promised him, he then said, he had seen Garden and Bowyer take hoops, that he met them at a house in Spitalfields, and that the nails were given him by this Garden, and he was to be paid nine pence for carrying them: the Board discharged him, and sent him to the cooperage as usual. Garden, came two days afterwards to clear up his character, and in consequence of Garden's information, I searched the horse pond, and there I found two bundles of hoops.

Did you ever hear the prisoner say any thing about these hoops that were found in the horse pond? - No.

What was the prisoner taken up the second

time for? - On the evidence of Bowyer who was an accomplice.

Was there any promise made him the second time that you know of? - No, there was not.

Court to Bell. Was it before or after he was examined before the Board? - It was after.

I believe he was first of all discharged by the commissioners? - Yes.

Then he was not in custody? - He was not in custody but of the press-gang.

What day was it he was discharged? - The fifteenth.

What day of the week was that? - I do not know what day of the week.

Court. Was it when you took him last time? - I never had any conversation after we took him up again.

Court. The evidence of an accomplice cannot be let in this case.

Court to Jury. Gentlemen of the Jury, the candour of the law will not permit any man to be led into a confession against himself, under the expectation of receiving favour by it; Bell has given us a very fair and candid account of what passed before the commissioners, from whence it appears, that this man made the discoveries that have been mentioned, under a promise that he should not be sent to sea; after that it would be improper for us to convict the man, whatever opinion we may form in our own minds.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-13

172. SARAH BOWYER , and JOSEPH BOWYER , a little boy, were indicted for feloniously and burglariously breaking and entering the dwelling house of Isaac Candler , on the 21st of February instant, at the hour of seven in the night, and feloniously stealing therein five silk handkerchiefs, value 15 s. and nine yards of silk ribbon, value 3 s. the goods of the said Isaac Candler .

Court. What age is that little boy? - Almost eleven.

Is the woman his mother ? - Yes.

About what age does the boy appear to you, Mr. Akerman, he having been in your custody? - He does not appear to me to be so old.

Court. A child of that age should not have been committed for a capital offence, in conjunction with his mother; as he was acting under the authority of his mother.

ANN CANDLER sworn.

I am wife of Isaac Candler , my husband is at sea: On Friday night last, between the hour of seven and eight, I went into my room adjoining to my shop, and I left a little boy in my shop about five years old, and he called Mammy! mammy! they are stealing the handkerchiefs out of the window, I went to the door, and then I saw this piece of new ribbon laying, part of it down in the street, part of it down in the ground, and part of it in a little boy's hand, and he pulling it out of his hand on the ground, I picked up the ribbon, and I saw the prisoner Sarah Bowyer draw herself back in this manner from the boy, she was near the boy, she made her escape from me as fast as she could down Rosemary Lane , and the boy too; my maid servant ran after the boy, I ran after the woman, I never came up with her, I lost sight of her, the maid overtook the child, and brought him back, then I kept him in my house, the gentleman insisted on my sending for these gentlemen the runners, and they took the child into custody, and took him to the place of confinement.

Where was this piece of ribbon taken from? - Out of my shop window, and please you my Lord.

How was it got out? - Through a pane of glass, there was a piece cut out.

SUSANNAH CRACE sworn.

On Friday last I was washing, and coming

out of the kitchen to have my tea, my mistresses little boy came running into the kitchen, and some body was stealing handkerchiefs through the window; I followed the boy, and took him by the hand, and brought him back, he said he had not stole any thing at all.

WILLIAM WHITEHEAD sworn.

I was sent for last Friday evening between eight and nine, to take charge of the boy in the house of the prosecutrix; when I came there I saw the glass had been taken out, and I took the boy in custody, he told me a long story.

Court. I will not suffer evidence to be given of what a child of that age says against himself? - The mother came to see the boy, and I took her into custody, there was nothing found on the mother.

Court to Mrs. Candler. Did you know this woman again? - Yes.

You never saw her in the shop did you? I never saw her face after she turned to run away.

Did you see her before? - Yes, I am sure of the woman.

Court. Gentlemen of the jury, it is for you to judge whether you will convict these people on this evidence.

Jury. If you are satisfied, my Lord, we are.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-14

173. THOMAS BREWER was indicted for feloniously making an assault on James Godlaman , on the King's highway, on the 28th day of January last, putting him in corporal fear and danger of his life, and taking from his person, and against his will, two ounces of tea, value 8 d. half a pound of lump sugar, value 4 d. half pound moist sugar, value 3 d. and three halfpence farthing, the goods, chattles, and monies of the said James .

JAMES GODLAMAN sworn.

What are you? - A gardner's labourer ; on the 28th of January, about eight in the evening, I was going home about one hundred yards from the Admiral Keppel's Head, on the Fulham road ; I passed a man, he wished me a good night, and then I met the prisoner, and I was going to wish him a good night, and he took me by the collar, and demanded my money, I told him I had only seven farthings; with that he put his hand into my pocket and took it out; he told me if I made any disturbance, he would blow my brains out; I had two ounces of tea in this pocket, and half a pound of lump sugar, and half a pound of moist; there was another man that took the tea and sugar away from me who came up to his assistance; they tore my my shirt, they were with me the value of five minutes, they unbuttoned my breeches, and searched quite under my hams, and tore my breeches all down.

Court. Had they any weapons? - Not that I saw.

Court. Had you ever seen the prisoner before.

Court. Never saw him before, I have a more perfect knowledge of him than the other, by taking a chew of tobacco out of his box.

Court. Was it moonlight? - No, it was a starlight evening.

Court. How long after was it that you saw the prisoner again? - On the Wednesday week following.

Court. Where did you see him? - At the George after he was taken, he was taken up by the patrol on suspicion; about half an hour after seven, I saw him that night.

How did you happen to see him? - The patrol came after me, and I went to see him.

Court. Then they shewed you this man? There was this man and two others.

Did you know any of them then? - Yes, I knew this man, I told him he was the man that stopped me, he said I was mistaken in the person.

Court. Should you have known him if you had seen him any where else, or did

you only think it was him, because he was taken up on suspicion by the patrol? - If I had seen him amongst an hundred men I should have known him.

Court. Could you see a person by starlight, at eight in the evening, on the 28th of January, so as to know him again? - Yes, because I had my eye on him during the time I was taking the chew of tobacco, I had a full view of his face all the time he was with me.

Did you know the other two men? - I was almost as positive to the other men, as I am to him, one was behind the hedge.

And are you as positive to the man that was behind the hedge? - Yes; by his dress, by his red jacket.

Could you undertake to know the man that was behind the hedge? - I will not swear to either of the other, but I think I should know him.

Can you under the circumstances, under which you saw him, and by that light undertake to swear that this is one of the men that robbed you? - Yes, my Lord, that is the man that stopped me.

Jury. Whether he gave information of the robbery, or a discription of the man? I did not.

How came the patrol to come to you? They heard of it.

Jury. Were there any lamps on that part of the road? - No.

HENRY PARRY sworn.

I went town on the Tuesday evening, the same evening that Godlaman was robbed, and I met these three men, one of them wished me a good night; but I walked into the middle of the road; I know nothing of Godlaman's robbery.

Were you there when he went to look at these men, when they were taken up on suspicion? - No.

SAMUAL MAYNARD sworn.

I know no more of it than through the information I had on the road; I took this man and two others; I had no information from Godlaman, I did not find any thing on these men, they had no arms of any kind.

PRISONER's DEFENCE.

Please you, my Lord, me and my two comrades had been as far as Wallham Green, I am as innocent as the child unborn of the fact.

The prisoner called Serjeant Gabriel who gave him a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-15

174. ELIZABETH HART was indicted for feloniously stealing on the 17th of February instant, a black silk cloak, value 39 s. the goods of Ralph Steel , privily in his shop .

RALPH STEEL sworn.

On Monday se'nnight the prisoner came into my shop with another woman, about three or four in the afternoon, she pretended to bring a customer to buy a cloak, and one of my shopmen shewed her several, and the were higgling about the price, I was attending to other customers, I suppose she was in the shop a quarter of an hour; the first alarm that I heard was, I heard a gentlewoman that was in the shop say, why madam, you came into buy one cloak, how came you to steal another; the prisoner made no reply; but I instantly cast my eyes upon her, and the gentlewoman whom I saw pulling something from under the prisoner's petticoats, I did not know the gentlewoman, but she is here; it was a black silk cloak belonging to me, I examined it immediately.

Had not she bought a cloak? - the person that she brought with her, pretended to buy one, and left 2 s. earnest for it, their

way is, one comes too buy, and another steals, and the person that pretends to buy leaves some little earnest; I believe before the bargain was made, this gentlewoman detected her.

Was not this the cloak that she was bargaining for? - No.

Why is not your man here? - It is of no consequence my Lord because though he had shewn the cloaks, he could only prove it to be my property.

MARY FLACK sworn.

I was in the prosecutor's shop at the time, I was an entire stranger, I went into match a piece of silk for a gown, I went to the left hand compter, the young man told me to go to the upper end of the shop, there was the prisoner at the bar, and another person cheapening cloaks; the bargain was the woman offered 33 s. or 34 s. and 35 s. she had the cloak on her shoulders, at last she threw. it off her shoulders and offered 36 s. and said then she would give him ten shillings earnest, and as she stood quite close to the compter, on the right side of her, I saw something hang down from under the prisoner's petticoat to the ground, it was the corner of the cloak, the prisoner and the other woman had got almost to the street door, I stooped down and picked up the corner of the cloak before I said any thing; the corner of the cloak was on the ground, I gave it a pull, and I found it was tight; I gave it the second pull, and I said, ha! how comes you while you are buying one cloak to steal another, with that the prisoner turned round and said, me! and the cloak was loose; so I pulled it from under her petticoats.

Did you see her take it? - I did not.

What did she say for herself? - She said she did not take it, she did not say how it came under her petticoats, I have the cloak, it has been in my possession ever since it is the very same I took from under her petticoats, she begged forgiveness as she had three children and a young child sucking at her breast.

(The cloak deposed to beMr. Steel having his private mark on it.)

Court. What is the value of the cloak? The prime cost is 39 s. and 9 d.

PRISONER's DEFENCE.

I went into buy a cloak, and there was a quantity of cloaks upon the compter, and this cloak was under foot, and this gentlewoman pulled it from under my foot; I did not see the cloak till then; I never moved from the compter till they sent for a constable, I have no witnesses now.

Prosecutor to Prisoner. Where is the pretty creature that came with you?

Court to Prosecutor. That insult to a person upon trial for her life does you no credit, it is not proper nor humane.

Court to Jury. I cannot, but remark, I think it my duty to remark upon the conduct of Mr. Steel, that it is such as does him no credit, and such as would not give force to his testimony, if the proof of this robbery depended on his single testimony, for there appears a degree of invetracy in him, which is very improper in any prosecutor; for prosecutions ought to be conducted for the sake of Justice alone, with the feelings of humanity; but the testimony of Mr. Steel, is supported in every particular, by another witness, who lays under no imputation: the facts therefore certainly press strongly against the prisoner.

GUILTY, Of stealing to the value of 4 s. 10 d .

Tried by the first Middlesex Jury before Mr. RECORDER.

[Imprisonment. See summary.]

Reference Number: t17830226-16

175. JOHANNA GEARY was indicted for feloniously stealing, on the 11th of February instant, a pair of cloth breeches value 3 d. and six pieces of gold coin, of this realm called guineas, value 6 l. 6 s.

the goods of John Scanling , in the dwelling house of John Cummins .

HANNAH SCANLING sworn.

I live at St. Giles's , in the house of one John Cummins , I am wife of John Scanling ; the prisoner was a weekly servant of mine to take care of my children, at a shilling a week, and victuals and lodging; the prisoner robbed me of six guineas and a pair of breeches, I do not know what day it was she took them, I missed them last Tuesday was a fortnight; the prisoner owned to taking it to Mr. Cummins and the constable.

Court. Then you have no other reason to suspect the prisoner at the bar taking this property, but from the information of other people? - She owned it before me.

Did you promise her any favour? - If I could get my own, my Lord.

Court. Then I shall not receive your testimony.

ANN CUMMINS sworn.

I am wife of John Cummins ; when this woman was robbed I went to the prisoner, and desired her to consider the poor family, that they had not a bit of bread to eat, I said, God bless you, consider the poor family.

Did you promise her, that if she confessed, she should not be prosecuted? - If the poor woman had her money.

THOMAS HUMPHREYS sworn.

The prosecutor promised the woman, that if she would own about the money, and she could get the money, she would forgive her.

Court. Gentlemen of the Jury, whatever ground you may have to suppose that the prisoner at the bar has actually committed this larceny, yet when a confession, which is the only evidence, has been extorted from her by promises or by threats, it is the course of courts of justice never to receive that evidence; therefore it is my recommendation to you to acquit her.

NOT GUILTY .

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

Reference Number: t17830226-17

176. SARAH HART and MARY WHITE were indicted for feloniously stealing, on the 11th of February instant, a silk purse, value 6 d. five pieces of gold coin of this realm, called guineas, value 5 l. 5 s. and six shillings in monies numbered, the goods and monies of Thomas Fowler , privily from his person .

THOMAS FOWLER sworn.

I was drinking at the Swan, in East Smithfield, on the 11th day of February instant, we had three or four pints of beer, me and another man, and the prisoner Hart (the woman that has a patch on her eye) when I came out of the door she followed me, and desired me to go to her apartment, I consented; when I came home with her, she and the other prisoner were both together, they asked me to sit down, and I sat down on the top of the bed, first of all, before I laid down, I shewed them my money, five guineas and six shillings in silver.

Court. That was a very wise thing of you, you are a seafaring man, are not you? Yes, my Lord.

How came you by this money? - I received it for wages the day before, it was all the property, I had in the world; after I had shewn the money, Sarah Hart wanted me to leave it in the hands of the other prisoner, who, she said, was her landlady; I said, I thought I was capable of taking care of it myself.

Was you perfectly sober at that time; - As sober as I am now, then I put my money in my pocket again; then I laid down on the top of the bed, and Sarah Hart she laid down alongside of me; we had not

been there above two minutes before I missed my money: Sarah Hart got up and walked out, and this landlady Mary White the other prisoner, sat down by me on the bed about half a minute; then she got up, and pretended to go for a pot of beer, and she ran away; I missed my money, and got up and put on one of my shoes, and followed her with one shoe, for the other shoe was in a corner of the room: I could not overtake her, and I came back, and put my jacket on which I had left behind.

Court. When were they taken up? - Between ten and eleven, I was robbed between nine and ten, when I found my money gone, I went directly to my washerwoman's, and I told her of it, then I applied to Joseph Payne , and he went to see for the prisoners, and took them into custody.

Then Payne apprehended these people merely upon the description you gave him of their persons? - Yes.

Had you had any former acquaintance with either of the prisoners at the bar? - No.

And will you now venture to swear from that slight knowledge of them, that they are the same persons? - Yes.

You positively swear that? - Yes, very positive.

When the money was taken from you, did you perceive it going away? - I did not feel it taken away from me, but in a few minutes it was taken from me.

Were the prisoners searched? - Yes.

Was there any money found on them? - Only fifteen shillings.

Your money consisted of five guineas and six shillings? - Yes.

Was there any gold found on the prisoner? - No, I believe not.

Was that fifteen shillings in the pocket of one or both? - Only of one, which was Sarah Hart .

No money in the pocket of the other? - No, I believe not, after Hart was in custody she handed over a parcel of silver and halfpence to Mr. Smith, and bad her take care of it, and after that she took something out of her pocket, and handed it over the table: two men came to me yesterday, and offered me two guineas.

Court. The prisoners were not present? No, my Lord.

(The prisoner Sarah Hart now desired that the witnesses might be examined apart.)

JOHN BRADY sworn.

I am headborough of the parish of St. John, Wapping, when I took these women into custody, it was between ten and eleven on the night of the 11th of this month; and in Hart's pocket I found fourteen shillings in silver, and one shilling in halfpence, the other had no money; going down to the watch-house, the prisoner Hart declared that the prisoner White was as innocent as the child unborn of the robbery, but as for herself, she did rob the man, she said.

Court. Before she said this, had you given Hart any reason to suppose it would be better for her? - She said it of her own accord, nobody asked her any questions.

Had you threatened this woman? it is very extraordinary that she should say so voluntarily, unless you had given her some reason to expect favour. - She said so to me and the watchman, who is not here, I did not think it necessary to call him.

Prisoner Hart. He took 15 s. 6 d. out of my pocket in the watch-house, and three farthings and a penny.

Brady. I did, my Lord.

Court. The only material matter is, whether you confessed to him that you took the man's money.

Prisoner Hart. Never, my Lord, he keeps a public house, and all the spite he owes me is because I do not use his house, we are a parcel of misfortunate women, my Lord.

HENRY LAWLESS sworn.

My Lord, these prisoners make objections to me, but I never saw them before,

I would not false swear myself for the whole world.

Court. Tell me what you know. - The prosecutor came to me, and said he was robbed; I asked him to give me a description, which he did in particular; when he gave the marks, we went to the house of one Mrs. Smith in East Smithfield.

What was the description he gave? - He described her as having a patch over her eye.

Then he only mentioned one woman? - He mentioned two, but he particularly described this person; we found Hart at Smith's house, which is a public house; she was standing to a table, and after she was in custody, she put her hand into her pocket, and took out silver and halfpence.

Was there any gold amongst it? - I saw no such thing; the landlady came and said, she should take seven pence out of it; then the prisoner Hart said, you take care of the rest: then she was taken into the watch-house, and the gentleman took out of her pocket to the best of my knowledge, to the value of fifteen shillings.

JOSEPH PAYNE sworn.

I live next door to the prosecutor's washerwoman, the prosecutor came there, and he was making a sad moan, and he was laying dead on the floor, I said, he is dead drunk, then he rose up in a few minutes, and looked as white as a sheet; I said, what is the matter? he said, I am robbed of every thing I have in the world; he described the people that robbed him; he said, one of the women had a patch over her eye, with a white ribbon over it; I am pretty well used to them jobs in my business; this was after ten, we went to the Ship and Star, and the prosecutor immediately pointed out Hart, the other prisoner was not with her then; the prosecutor was very sober, he charged her immediately, she said, what did I rob you? he said, yes: then she took a handful of silver and halfpence, and gave to the landlady, and bid her take care of it: the landlady said, there was seven pence halfpenny due for a pint of hot; she bid her take it, and take care of the rest.

Did you see any gold? - No, but when she threw down some halfpence and silver, she handed something over to Mrs. Smith, but I did not see what it was, nor I did not see the prosecutor.

Did she bid Mrs. Smith take care of that too? - Yes, my Lord.

Prisoner Hart. Payne owes me a great spite, because his son has been a misfortunate lad as well as other people.

Payne. I do not know the women, I never saw them without it was promiscuously; I would not swear false for myself, I would sooner suffer death almost.

PRISONER HART's DEFENCE.

I was at this White Swan between five and six in the evening, and the prosecutor was drinking, he asked me to drink, he sat till he had eight pints of beer, he began to sing a song, he up with his stick, and began striking me several times till I bursted out a crying, and went away; he came out again and gave me another blow, says he, I insist on your coming with me: he was taken sick, and being taken sick, he rather went to reach in the room; he went out, and was out sometime; when I came out he was sitting easing himself, and two women along side of him talking to him upon a muckson; I went to the Ship, and called for a pint of half and half; there was a young woman came in and asked me to join with her for a pint of gin hot; it came to four pence halfpenny; I took out a shilling, out of my pocket, and gave it to Mrs. Smith; she gave me some bad halfpence, and I reached them over to her; just as I was standing drinking the last of my gin hot, they all came in, and said, I must come along with them, and said, I had robbed this man of five guineas; the man never was in an apartment, not near an apartment of mine, nor over the threshold

of my door. I have no witnesses, they were here all day yesterday.

SARAH HART , GUILTY ,

Of stealing but not privily.

To be privately whipped and confined to hard labour twelve months in the house of correction .

MARY WHITE , NOT GUILTY .

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

Reference Number: t17830226-18

177. WILLIAM ELLIS was indicted for feloniously stealing on the 30th of January last, one yard of leaden pipe, with a brass cock, fixed thereto, value 10 d. belonging to Charles Taylor , and fixed to his dwelling house, against the form of the statute .

CHARLES TAYLOR sworn.

I live in Tottenham Court Road , I have a house there.

Court. Have you any leaden pipe fixed to it? - Yes.

Is there any brass cock to that pipe? - Yes, a brass cock soddered to the pipe.

What have you to say against the prisoner William Ellis , look round at him, and tell the jury whether you know his person? - I never saw him till I caught him in the yard.

What night was it? - The 30th of January.

What time? - A little after seven at night, I went into the yard to turn the water into the tub, I had lost a live fowl out of the yard that afternoon, I took a candle and lanthorn to seek for it; and I went into the next yard to look for the fowl; but I could not find it, and in looking about, I went to the water tub in that yard, and the pipe and cock were cut off in that yard; I had been in my own yard four or five minutes before, and the pipe and cock were safe, and my wife desired me to look again; and I went into the yard again, and I shoved the yard door open, and I saw the prisoner standing in the yard, with a spade in his hand, and my pipe was pulled from the wall down upon the ground and cut off; the piece of pipe that was cut off was laid upon the ground, hard by where the prisoner stood; then I ran up to the prisoner and collared him; I asked him, if he came to cut off all the pipes, he said did you see me cut it off, I said no, but I am sure you have, for it was in the yard against the wall, five months ago; I looked about the yard, and there I found some pieces cut off from my pipe; the other part was sticking down, and was about a yard from the prisoner.

Court. Was the ground dug? - No, he had pulled the pipe from the wall, and cut it to the ground; I took the prisoner before the justice, and he was committed.

Court. What is the value of this lead? Ten-pence the justice put it at.

PRISONER's DEFENCE.

On the 30th of January, I was going to Kentish Town, and my master told me to enquire for one Mr. Mason, and coming into Tottenham Court Road, I saw Mr. Taylor's door open, and a light, and I knocked at the door, and called up stairs, and a man came out of the yard, and went through the entry; I went into the yard to see if there was any body to give me an answer: My master is bad in bed with the ague and fever.

Court to Prosecutor. Did you see any other person besides the prisoner? - No, my Lord.

GUILTY .

To be publickly whipped 100 yards in Windmill-street, and then discharged .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-19

178. MARY WESTON was indicted for feloniously stealing on the 6th of February instant, one cotton gown and coat, value 6 s. one muslin gown, value 7 s. one dimity petticoat, value 9 s. one black silk cloak, value 3 s. one silk hat, value 6 d. one cotton gown, value 6 s. one pair of stays, value 1 s. the goods of Sarah Wagstaffe , spinster .

SARAH WAGSTAFFE sworn.

I live in Duke-street, York Buildings ; on the 6th of this month, I lost the things mentioned in the indictment, some of them were taken from a two pair of stairs back room, when I got up in the morning, I enquired for the servant , and she was gone, that is the prisoner, she had lived with us seventeen months, the things were found in her apartment.

JOHN MILLS sworn.

I was present when the things were found at the prisoner's lodging in Peter-street, I sent my servant to her in the morning, and she met her and brought her to the house; she had then a morning gown on of my sister's in law, which she stole, I sent for a constable, and went with her to her lodgings, where I found the remaining part of the things, and some others; we lost considerably more.

Court. How did you know that these were her lodgings? - She acknowleged it, and the landlady is here to prove it.

JOHN BEST sworn.

I am a constable, one part of these things were on the prisoner's back, and the remaining part, I found at her ready furnished lodgings, I have had them ever since.

(The things produced and deposed to.)

PRISONER.

I have nothing to say, I have no witnesses.

GUILTY .

To be fined 1 s. and confined to hard labour twelve months in the house of correction .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-20

179. SARAH KIMBLEY was indicted for feloniously stealing on the 14th of February instant, one silk cloak, value 5 s. one muslin apron, value 6 d. one silk hat, value 6 d. one silk gown, value 5 s. two muslin handkerchiefs, value 1 s. one linen handkerchief, value 3 d. one silk handkerchief, value 6 d. two linen handkerchiefs, value 1 s. two dimity petticoats, value 1 s. one pair of cotton stockings, value 2 d. and one linen shift, value 3 d. the goods of Sophia Baker .

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

Reference Number: t17830226-20

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 at Law, &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: t17830226-20

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 26th of FEBRUARY, 1783, and the following Days:

Being the THIRD SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham, Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER III. 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.

MDCCLXXXIII.

[PRICE SIX-PENCE.]

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 Sarah Kimbley .

SOPHIA BAKER sworn.

Court. Where do you live? - Sir, Bridges-street, Covent Garden .

What are you? - I get my bread by working: the prisoner lodged in the house were I lodged, I lost the things mentioned in the indictment, they were in the kitchen.

Court. How came all your cloaths to be in the kitchen? - I generally used to leave them there.

What time of the day did you discover that they were gone? - Between the hours of three and seven in the morning.

Have you found any of them since? - They were delivered to me by the constable who took them, they were found at a mantua-makers, I have got the gown on, it is mine.

Are you sure it is your own? - Yes.

Have you all the other things here? - No, my Lord, only a few of them.

Did you know any thing of the prisoner before? - No, she only lived in the house a fortnight.

What was she, a servant or lodger, or what? - A lodger. (The things deposed to.) I bought the hat but a very few days before, I know it by the ribbon, and there is an S. on one handkerchief.

What became of the prisoner when these things were lost? - I do not know, I saw her at three o'clock in the morning, when we went to bed; these things were found upon her, the hat and the cloak, I was not present, I never saw her in the house after three o'clock.

JOHN GARDNER sworn.

I apprehended the prisoner in Shoreditch, I took this hat, this cloak, and this apron off her, they have been in my possession ever since.

PRISONER's DEFENCE.

When I went first to this house, it was not my intention to live in a house of the kind, I went to enquire after a young woman that I thought lived there, the gentlewoman of the house asked me to come to live there; I said, I had not cloaths enough to appear in; she said, my dear, do not you be faint hearted at that, for any thing that is mine, or Miss

Baker's is at your service: I was very badly injured in the house, and I did not like the way of life: I should not have taken the hat and cloak, nor the rest of the things, but she locked mine up, thinking to prevent me going away, and so I put them on in the morning; I have no witnesses.

NOT GUILTY

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-21

180. JANE BARNES was indicted for feloniously stealing on the 21st of Jan. last, six printed bound books, entitled the British Plutarch, value 6 s. seven other printed bound books, entitled Plutarch's Lives, abridged from the original Greek, value 7 s. two other printed bound books, entitled Letters on the Improvement of the Mind, value 2 s. one other bound book, entitled Sacred History, selected from the scriptures, value 1 s. one other bound book, entitled An Easy Introduction to the Knowledge of Nature, and reading the holy scriptures, value 12 d. one other bound book, entitled a Museum for Young Gentlemen and Ladies, value 6 d. and six printed copper plates of modern figure contrasted, value 3 s. the goods of John Watson and others.

JOHN SMITH sworn.

I am shopman to Henry Gardner , bookseller, in the Strand, on Saturday the 18th of January, I delivered a paper parcel of books at the Angel behind St. Clement's church, to the book-keeper, they were directed to go to the Rev. Mr. Glass, in Worcester. I did not pack up the parcel, but I can tell the contents what was put together to go in the parcel, they were as mentioned in the indictment, Mr. Gardner packed them up.

JOHN BAMFORD sworn.

I am the book-keeper at the Angel, I received a paper parcel from the last witness; directed to the Rev. Mr. Glass at Worcester, which I booked, and put it where I usually place parcels; this was the 18th, it was to go by the Worcester coach, I left it for the coachman to take, as he always takes them out in the morning himself.

THOMAS JONES sworn.

I am the coachman of the Worcester coach , and took the parcel out of the warehouse, and put it into the coach, on the 21st of January last.

(The parcel deposed to.)

Court. Do you know whether these books were included in the parcel you put in the coach? - Yes.

Why it was covered then? - Yes.

Was it wrapped in the same papers? - Yes.

How can you swear that those books that are in that opened package were the same books, that were wrapped in that parcel? - Because the prisoner had untied the parcel, and left the paper as it was. I went out of the yard at six o'clock on the 21st of Jan. I went to the Green Man and Still, where we take up parcels or passengers, I got off the box, and went into the warehouse, and there was no parcels, when I came out again, this gentlewoman (the prisoner was standing by the door of the coach, she asked me what coach it was, I told her the Worcester coach, she said she was going to Hayes, and asked me the fare, I told her 2 s. 6 d. and I let her into the coach.

Where did you deposit the parcel you received at the Angel? - In the fore seat of the coach.

Were then any other passengers? - No, I shut up the door, and proceeded on my journey; I stopped to water at the old Hatch, going along I thought I heard one of the glasses fall down, I turned myself about first of one side, and then on another: and not seeing any of the glasses

down, I suspected it to be the seat; when I came to Southall where we change horses, the waiter asked her to go out and have some breakfast, but she did not chuse any; she went with me to the Angel at Hayes, and there I set her down; she asked me, if I would have any thing to drink, I said, if you will go into the house, I will come to you: I perceived she had a large bundle, which I did not perceive she had when she got into the coach, I went and searched my seats directly, and pulled out this parcel, it was heavy when I put it in, and now I found it very light, it was filled with straw, and the books were gone, and it was tied up very curiously; I then said, says I, mistress, you have got some of my things, she said, no: I took the bundle out of her hand, and sent for a constable.

Court. What did the bundle contain? - Some of these books, the books have been in my custody ever since. She was searched, and these prints were found in her bosom, and another book or two in her pocket; we took her before Justice Bishop, and he examined her, I was present; she said, she came on purpose to rob the coach, she told the justice so.

Were there any promises of favour or threats? - Not that I heard.

Was her examination taken down in writing? - Yes.

Is it returned? - No.

These examinations ought to be taken down by the Justices in writing, they are required so to do by the act of parliament.

I shall certainly not receive any evidence of the confession, when the witness tells me it is reduced into writing, as that is the best evidence.

Prisoner. Mr. Bishop promised me my discharge: I leave it to your mercy.

Court. Is Mr. Gardner the bookseller here? - No.

The evidence is defective as it now stands, for what the parcel contained he is a total stranger to: Mr. Gardner ought to have been here to have established that fact, that the books that are here were the same that were in the parcel when he sent it to the Angel inn.

Court to Smith. Are there any particular marks on these books to shew that they were the property of Mr. Gardner before they were sent to Mr. Glass? - On some of them there are, the titles correspond (looking at the books) there is a mark on the British Plutarch, 6 vols. Letters on the Mind, 2 vols. and I know them to be his property.

GUILTY .

Fined 1 s. and imprisoned six months in the house of correction .

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

Reference Number: t17830226-22

181. EDWARD WOOTTEN was indicted for feloniously assaulting Mary Holden , spinster , on the King's highway, on the 17th of February instant, and putting her in fear and danger of her life, and taking from her person, and against her will, one silk purse, value 2 s. one piece of gold coin of this realm called a guinea, value 21 s. one piece of silver coin of this realm called a crown, value 5 s. and four shillings in monies numbered, her goods and monies .

MARY HOLDEN sworn.

On Monday, the 17th instant, between one and two, I was walking from Richmond to Twickenham , the prisoner met me, and presented a knife to my breast, and demanded my money; I am sure it was the prisoner; I asked him what he wanted, he said, your money, I begged him to take away the knife, and he should have all my money, he said, then make haste, and I will not use you ill; I gave him the purse, and he went away.

Court. What did the purse contain? - A guinea, a crown piece in silver, and a few shillings.

Was any body with you at the time? - Miss. Leonora Pollard .

What time of the day? - Between the hours of one and two in the middle of the day.

Had the prisoner any crape or any concealment over his face? - Nothing at all.

His face was open, and you are sure it was the prisoner? - Perfectly sure.

Had you ever seen the man before? - Only that morning.

You had seen him before that morning? Coming up from Twickenham to the place where the robbery was committed, I saw the prisoner before me, I cannot recollect whether he passed me: after I delivered up the purse, I turned back and looked at him, and recollected it was the same man. I gave information of the robbery, and a pursuit was immediately made.

Did you observe his dress? - The same he has on now.

Prisoner's Council. Have you ever seen him since? - Only when I swore to him.

When was that? - The same day.

ELEANOR POLLARD sworn.

You was present with Miss. Holden when the matter happened? - Yes, my Lord.

Is the account that Miss. Holden has given of this transaction a true one? - A very true one.

Are you sure that the prisoner at the bar was the same person that made the attack? Yes.

Is there any thing remarkable in him? - I am very sure it is the prisoner.

How long did he stay in robbing you? - About five minutes.

Prisoner's Council. He did not use any violence? - No.

Is there any thing remarkable, as you never saw him before? - So much so, that I know him to be the same man.

Positively so? - Yes, Sir, positively.

PRISONER's DEFENCE.

I was at home at my lodgings at the time that the lady says she was robbed; my landlord was witness of it, and he promised he would be here, his name is Walton; I sent for four masters, but I have not seen either of them, they promised me they would be here.

HENRY INWOOD sworn.

Look at the prisoner at the bar, do you know the prisoner? - That is the man.

Did you ever see him before? - Yes, I saw the prisoner coming out of the Half Moon at Brentford, I heard at Harwood's yard that there was a robbery committed on Miss Holden and Miss Pollard, I went directly after in search of the person that committed the robbery, I heard a description of his clothes, that he had a drab coloured coat and black stockings on, and one stocking was much splashed; I searched all the houses, and I saw him at the Half Moon at Brentford, just as he was coming out of the house; and he went about three doors, and he turned short, and I collared him.

Court. Then the dress the prisoner had on when you apprehended him, corresponded with that which was described to you? - Yes.

Was it the dress he has on now? - The same coat: I saw the prisoner's wife the next morning at Twickenham, I talked to her about the purse, and she denied it for pretty near two hours.

Did you receive any thing from the wife? - Yes, a purse.

Where is that purse? - Mr. Cole has it.

- COLE, Esq; sworn.

(Produces the purse, with the silver runners and tassels in a paper: the purse shewn to the witness Inwood.)

This is the same purse.

Court to Miss Holden. What was your purse? - It was dark brown, with silver runners and silver tassels; (looks at the purse) that is the identical purse.

Court to Inwood. This was delivered to you by the prisoner's wife? - Yes; I took the prisoner to Clerkenwell New Prison,

he behaved very rude, and said, he would put the two bitches to all the expence that ever lay in his power.

CHARLES SELF sworn.

I heard there was a robbery committed, the last witness came and told me of it, I went one way and they the other, and as I was coming back again, I saw them with the prisoner, they gave me charge of him, and I took him before Mr. Cole.

SHERWOOD ROBERTS sworn.

I have nothing to say, but that I was at the taking of him.

GUILTY , Death .

Tried by the second Middlesex Jury, before Baron PERRYN .

Reference Number: t17830226-23

182. SAMUEL READ was indicted for feloniously stealing on the 10th of January last, one wooden box, value 6 d. twelve pair of plated shoe buckles, value 40 s. twelve pair of steel knee buckles, value 10 s. eight pair of pinchbeck buckles, value 9 s. seventeen pieces of gold coin of this realm, called guineas, value 17 l. 17 s. two pieces of gold coin of this realm, called half guineas, value one pound one shilling, four shillings in monies numbered, and two hundred and eighty-six copper halfpence , the property of Richard Radenhurst .

Mr. RADENHURST's SERVANT sworn.

I live with the prosecutor at Birmingham, to whom this box belonged; on the 9th of January last, I packed this box containing the things mentioned in the indictment, I nailed it up and took it to the hotel; and paid one shilling for booking, to go by the coach to Mess. Harris and Motts, London, it was directed to Mr. Thomas Hitchin , No. 9, Bridge-street, Westminster ; I believe none of the things have been recovered.

DANIEL GODDARD sworn.

The prisoner was standing at the door of Mr. Hitchin, Bridge-street, Westminster, when I came to the door with the box, it was on Friday, the 10th of January, between five and six in the evening; he asked if I did not bring the box from the Castle Falcon, he said, give it me, you have been a damned long while bringing the box; I said, I do not know you, I shall take it in; he said, he was Mr. Hitchin's clerk, and I gave him the box; he paid me nine-pence, he said, he should lose three-pence by giving me nine-pence, for Mr. Hitchin never gave but six-pence; he went in doors with the box; I stopped at the shop window, and saw him put the box down, then I went home.

You did not see any thing more of the prisoner? - There was another man that spoke to me as I came along, but I do not know who he was.

Prisoner. Was not it me, did not you see me in Holborn? - There was a chest of shoes sell out of a cart in Chancery-lane, and a man asked me to watch, I saw the man stand by the baker's shop door, I never saw any more of him.

Was that after the time he got this box or before? - After the time.

MARY BROOKS sworn.

I was at Mr. Hitchin's when the box came in, the prisoner is the man that brought it in, I never saw him before, I saw him take it away again, he was in the shop about two minutes, I was there with my husband's work and mine, waiting for my wages.

Who was in the shop? - Nobody but Mrs. Hitchin and me.

Did the prisoner say any thing when he brought this box in? - There was a few questions passed between Mrs. Hitchin and him, but I cannot tell what they were; I did not see him deliver the box out of his hands.

Prisoner. This witness swore to Sir Sampson Wright, and said, she believed he

was the man; then she looked round and fixed upon a young gentleman, an ensign, and said, he was the man.

Mr. Brooks. I could not rightly recollect his face then, but I did after.

How came you to mistake another man for him? - I was quite astonished when I went into the place, I was never there before, but as soon as I saw this man's face, I partly knew him.

You partly knew him? - Yes, my Lord, I knew him.

You are sure now this is the man? - I am sure this is the man.

Prisoner. There is Sir Sampson Wright will testify, I believe, what I have said as to this matter.

Mrs. HITCHIN sworn.

I know the prisoner, he came into our shop on Friday, the 10th of January, between five and six; he brought in a box, and asked if that was Mr. Jones's; I said, this is Mr. Hitchin's, but one Mr. Jones lodges here.

Court. There was a Mr. Jones lodged at your house? - Yes: he said, one of our men will have it that this box is directed for Mr. Jones; but this direction is not for Mr. Jones; I said, if it is not for Mr. Jones, I think it is for Mr. Hitchin, for we very often have boxes of that sort, and I saw carriage paid at the corner, and I said, I know by that carriage paid, that box is for my husband, I had some halfpence in my hand, and I laid them down to read the directions; he turned out, and said, I must call the other man, he is gone higher up to see for Mr. Jones, for he will have it that it is for Mr. Jones: there is one Mr. Jones, a housekeeper, higher up in the street; and I sent up there to enquire if a porter had brought a box there, but he had not; the prisoner went out, and I did not see him any more.

Court. This must be, I suppose, candle light, when he came into your shop? - Yes.

How long do you suppose he might stay in the shop? - About two minutes.

Have you any doubts concerning the prisoner being the man? - I have no doubts at all, when he came into the shop, he had a pen in his hand and no hat on, which made me look very hard at him, and I h ad a very good light in the shop.

Did you conceive any doubts about him at the justices? - No, Sir, I knew him as he came up the steps into the office, when he had his hat on, I thought him to be the same man then; and when his hat was taken off I was perfectly sure he was the man.

You say there was carriage paid marked at the corner of the box? - Yes, and I thought it to be the hand writing of a gentleman who used to send us such boxes from Birmingham, one or two in a week we have had sometimes.

Court. Did you use to deal with Mr. Radenhurst? - Yes, for I suppose a year and a half, or a year and a quarter.

Were the boxes that were sent to you from time to time like that? - Yes, that made it strike me to be a box from him.

PRISONER's DEFENCE.

I have nothing more to offer to the gentlemen of the Jury, I am truly innocent: I never saw the lady before, she looked round very carefully, she fixed her eyes very attentively, and said I was the man; she said, she could not take upon her to swear that, she swore to the best of her knowledge; this woman immediately started up, and said, I was the man: Sir Sampson Wright said, shall we commit this young man or not? and after some conversation, I was committed. It was calling at a house where a person had some stolen goods, and asking what is the matter, and they knowing me, that was the occasion of my being drawn into this premunire; I have no witnesses; this affair has been the occasion of my mother's committing suicide; she lays dead on the occasion now, and my father is obliged to be watched.

Court to Mrs. Hitchin. Did you doubt about the prisoner? - I made no doubt at

all, nor I was not asked whether I doubted him, but when they asked me whether I saw the man, I said yes, I said, I believe this is the man, I was sure he was the man.

GUILTY .

Transported for seven years .

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

Reference Number: t17830226-24

183. ANN MORRIS was indicted for feloniously stealing on the 28th of Jan. last, one pair of linen sheets, value 5 s. three brass candlesticks, value 5 s. a brass pestle and mortar, value 1 s. a coffee pot, value 1 s. two linen aprons, value 2 s. one pair of worsted stockings, value 1 s. one piece of beef, value 1 s. one hanging iron, value 6 d. the property of John Acret , and one flannel petticoat, value 1 s. the property of John Bedford .

JOHN ACRET sworn.

I am a carver and gilder , I live in Wardor-street , on Tuesday the 28th of January, I was up stairs at work, when I came down, I was told there was theives in the passage, I saw the prisoner in the passage, she had nothing with her then.

MARY ACRET sworn.

I am the wife of the last witness, on the 28th of January, the servant came up to me in the back parlour, and said there was a woman in the kitchen, and she was going out, I asked her what she wanted there, she said she was taken sick, I went down and looked, and the sheets were removed, I had seen the sheets in the kitchen hung to dry, and when I went down they were gone, nobody else, was in the house but this woman, I did not see her till she was got up to the passage.

The MAID SERVANT sworn.

I saw the prisoner come out of the closet, and go up stairs, and I called my mistress, she came out and asked what she did there, and we found the things in the closet where she had concealed herself, when the closet door is open it darkens the kitchen; I saw her in the closet, I went down directly with our little girl, and my mistress came down, and there were the sheets and candlesticks and all the things; the linen was hanging up to dry, and the other things were in the kitchen.

PRISONER's DEFENCE.

I never was in the closet, I never was down the kitchen stairs; I have no witnesses.

GUILTY .

To be fined 1 s. and imprisoned six months in the house of correction .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-25

184. ANN ALLEN was indicted for feloniously stealing on the 28th of Jan. last, one linen gown, value 5 s. one petticoat value 3 s. the goods of Nicholas Hughes .

NICHOLAS HUGHES sworn.

I lost a linen gown, and a petticoat, but I cannot tell the day of the month, they were lost out of the yard, belonging to the house.

ANN HUGHS sworn.

I lost a linen gown and petticoat, but I cannot tell when; I know nothing of the prisoner.

CHARLES YOUNG sworn.

I attend at the Justices office, I met the prisoner, the 28th of January, with this

gown and petticoat, under her arm, in Phoenix-street, St. Giles's, they were ringing wet, and I stopped her, and took her up to the Justices office.

What ground had you to stop any body? I was sent after the prisoner, and I found her, and carried her before the Justice, afterwards I went to the prosecutor's, and I found he had lost the things, I went to Mr. Hughes, without any application, from him or his wife.

(The gown and petticoat deposed to.)

PRISONER's DEFENCE.

A woman gave them to me to wash, she is run away, I am a widow with three children, I am so poor, I cannot afford to keep witnesses.

NOT GUILTY .

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

Reference Number: t17830226-26

185. JANE BROOKS was indicted for feloniously stealing on the 18th of February instant, one mahogany tea chest, value 6 s. one linen sheet, value 2 s. and two linen shifts, value 4 s. the goods of Elizabeth Swann , spinster .

ELIZABETH SWANN sworn.

I lost the things mentioned in the indictment on Tuesday se'nnight; I live in Swallow-street, No. 58 .

Do you know the prisoner? - Yes, I went into another room, and I had been there about ten minutes, and I heard a noise in my room, and I went in and found the prisoner there, she said, she was waiting for a woman; I missed my tea chest, and I opened her lap, and I saw the sheet and the two shifts and mahogany tea chest; I went down stairs, and got a person to take her to the Justice's.

Where was this sheet and these shifts? They were by the bed, and the tea chest was upon a deal box.

- PLOMER sworn.

This young woman lives in the next room to me, she was in my room, and I heard a noise, she said, it is our cat, says I, it makes more noise, than a cat; I went and saw a person through the chink of the door, I asked her what she wanted, she said, she came about some needle work, that was the prisoner; I asked the prosecutor if she knew her, she said, no, and she took hold of the prisoner's apron, and down dropped the shift, the sheets and the tea chest.

PRISONER's DEFENCE.

I went to Mile End to a gentlewoman concerning some plain work, she said, she was going to Deptford, but she knew a woman and her daughter in Swallow-street, whose name was Green, that took in plain work; I enquired for her, they said, they did not know such a person by the name; I went straight up stairs, and I met a woman coming out of that gentlewoman's room; she bad me go in, and said the gentlewoman would be back in a minute; the gentlewoman came in, and asked me what I wanted; they took me to the Justice, but a thing I had not upon me I declare at the time; I had a person here yesterday, which stayed best part of the day.

GUILTY .

To be fined 1 s. and confined to hard labour six months in the house of correction .

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

Reference Number: t17830226-27

186. DAVID KILPACK was indicted for feloniously stealing, on the 18th of January last, one live turkey cock, value 1 s. 6 d. one live cock, value 1 s. two live hens, value 1 s. two live ducks, value 1 s.

and one live gander, value 1 s. the goods of Charles Pratt .

CHARLES PRATT sworn.

My house is at Tottenham , but I live in town with my mother; I know nothing of the transaction any further than being bound over to prosecute.

WILLIAM SHARPE sworn.

I am servant to Mr. Pratt, my master lost the things mentioned in the indictment on the 18th of January; I saw them on that day running about the yard, they were missed in the morning, about seven o'clock, I did not see them that morning; I was informed the poultry was at Hackney, and I went to look and found it all; the prisoner is the man that stole them: I did not know any thing of him before only by sight; having seen him go through the place that I look after; I keep a turnpike gate joining to Mr. Pratt's house; the turkey cock is all picked away under the gills; the cock has one foot bigger than the other; it is a game cock; one of the hens was a red speckled one, one white duck, and the other of a reddish cast, the gander is a grey one.

Are you sure they were Mr. Pratt's? - Yes.

What time of the day did you go to Hackney? - Between twelve and one.

- RANDALL sworn.

I pursued the prisoner, and overtook him in Back-lane, Clapton, that is about two miles from Tottenham; I asked what he had on his back, he replied fowls; I demanded to see them, he readily agreed to it, I immediately examined the budget; I drew out the turkey, I asked him what he had got else, and there was a gander, two cocks, two hens and two ducks, he said, he brought them from his mother's, and was carrying them to his uncle's at Greenwich; I asked him what he did there at so unseasonable an hour; it was half past two on Sunday morning the 19th of January; he said, he had been down at his mother's making merry, and he was a sawyer, and he came that road, and brought the fowls that way in order to get home in time, because one partner could not work without the other: I took him to the watch-house.

JOHN GLOVER sworn.

I am watchman of Hackney, being in my box the corner of the Back lane at half past two, I saw the prisoner pass by with a bag at his back, I told him, I thought he had got wet nets, he said, no, fowls; I turned into my round and called the last witness, and we took him, and I saw him take the turkey cock out of the bag, he walked away, for he did not know that I was gone to call any assistance.

ROBERT STEVENSON sworn.

I know nothing at all of this matter, only I was sent for to take the prisoner out of our cage, I carried him before Justice Sheppard, and he was committed to Newgate.

PRISONER's DEFENCE.

(Read.)

Your petitioner humbly sheweth, that he has had the misfortune to catch the gaol distemper, which has reduced his constitution; and is so hoarse he is afraid he cannot inform this honourable court; therefore prays the following defence may be read. On Saturday I went to Tottenham-hill, to a person that owed me some money, coming home near Hilliard's ferry, I found the fowls in two bags, and the turkey with his legs tied; I told the watchman that I had brought them from my mother's, but little thought at the same time, that they had been stolen; but supposed they had been dropped from some cart or waggon.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Justice BULLER.

Reference Number: t17830226-28

187. MARY JACKSON was indicted for feloniously stealing, on the 19th of February instant, two quart pewter pots, value 2 s. the goods of Hugh Beach .

SARAH MOSELY sworn.

On the 19th of February, at nine in the morning, I saw the prisoner take these two quart pots, belonging to the prosecutor from No. 23, in Dartmouth-row ; and and she took them away; the servant came down and said, she had lost two quart pots, says I, Sally, that woman has got them, we pursued after her, and she ran into a house where the door stood open; I am sure of the prisoner.

PRISONER's DEFENCE.

I did not touch any of the pots; I was going to enquire for a woman who makes soldiers clothes, I went into the wrong house, I said, I wanted one Nickson, I have no witnesses.

GUILTY .

To be privately whipped and discharged .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-29

188. MARY RUSSEL was indicted for feloniously stealing on the 20th of February instant, one glass quart bottle, value 2 d. and one quart of pickled mushrooms, value 14 s. the goods of Richard Gowers .

THOMAS CUBITT sworn.

I am servant to Mr. Gowers, he has a place under the Lord Chancellor, and cannot attend. On the 20th of this month, the prisoner came into my master's shop, she enquired for a taylor, and stopped about three minutes; and I saw my master take the bottle of mushrooms from under her cloak; she did not buy any thing; I know them to be my master's property by the cement on the bottle: she said, she did not know how they came under her cloak.

CHARLES DELAGAL

Produced the mushrooms which had been in his possession ever since.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-30

189. MARY WILLS was indicted for feloniously stealing on the 9th of February instant, one quart pewter pot, value 12 d. and one pint pewter pot, value 6 d. the property of John Scandret .

JOHN SCANDRET sworn.

The prisoner came to my house, and ordered some purl to go to a customer, and desired me to let her have it in a half gallon pot, I asked if the half gallon pot was in the way, it was not, and she took it out with her in a quart and a pint, and paid eight-pence for it.

ELIZABETH WELLS sworn.

I saw the prisoner stand in Church-yard alley near the chapel door, I saw her stoop down and throw the liquor away: she was taken near Nevil's-court, she had the pots then, a quart pot under her right arm, and a pint under her left.

(The pots deposed to.)

PRISONER.

I have nothing to say.

GUILTY. Of stealing to the value of 9 d .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-31

190. WILLIAM WILLS was indicted for feloniously stealing on the 15th of January last, twenty pounds weight of pork, value 10 s. the goods of Thomas Jewees .

THOMAS JEWEES sworn.

I am a butcher and a porter for Oxford-market, I apply at Newgate-market to carry meat to Oxford-market; my cart stood in Newgate-street , between eight and nine in the morning on the 15th of January, and I put some pork into it, three pigs in sides; I left the cart with nobody with it, when I came back, I saw the prisoner take a side of pork out of my cart, I had a side of veal on my shoulder, I laid hold of him with the pork on his shoulders, says I, this is my pork; he never said any thing to it, and a butcher held my veal while I took him into custody; the pork was mine, it is all my property till I deliver it to my masters; if I lose it I must pay for it; the prisoner said before the Alderman, that a man gave him six-pence to carry the side of pork into the market: the pork was worth about ten shillings.

JOHN TREADWAY sworn.

I missed a side of pork, out of the cart, I did not see who took it, I was coming down Newgate-street, to the cart, and I saw my master, have the man by the collar, with the side of pork, on his shoulder.

PRISONER's DEFENCE.

A butcher asked me to carry this side of pork, up into the market, and he would give me 6 d. I have no witnesses, I never did any thing of the kind before, it was on the 2d day of February.

GUILTY .

To be twice publickly whipped with in a week, and then discharged .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-32

191. WILLIAM HOLFORD was indicted for feloniously stealing on the 7th day of February instant, two leather boots, value 20 s. the goods of George Tarrington .

GEORGE TARRINGTON sworn.

I am a shoe-maker , on the 7th of Feb. the prisoner was brought to my house, with two boots, between nine and ten in the evening, his father and mother brought him with the boots, in custody with a butcher's man; he had confessed the fact.

Court. Did not you assent to the proposition that it would be better for him, that he should confess? - No, I did not say a word about it, he acted for himself.

JAMES DOLLARD sworn.

This young man the prisoner, came by our shop, and took a piece of meat, off my master's board, I took him, and found these boots upon him; he confessed that he took them out of this gentleman's shop, we sent for his father and mother, and he was taken to the prosecutors.

SAMUEL ROBERTS sworn.

I am the constable, the prosecutor delivered these boots to me.

(The boots deposed to.)

PRISONER's DEFENCE.

As I was coming up Cheapside, I saw a piece of paper lay a top of a cellar window, and I picked it up, and I opened it, and I found these boots; I was going to my father in Bow-lane.

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

GUILTY .

Sentence respited till next sessions, being recommended to go to sea .

Reference Number: t17830226-33

192. JOSEPH PENTECROSS and SARAH, wife of THOMAS BOYD were indicted for feloniously stealing on the 20th of December last, one feather bed, value 16 s. one bolster, value 4 s. three blankets, value 3 s. one rug, value 2 s. and one tea kettle, value 3 s. the goods of James Russell , the said goods then being in a certain room, let to the said Joseph and Sarah, to be used by them as, and for a lodging room, against the statute .

JAMES RUSSELL sworn.

The prisoners lodged with me, as man and wife, on the 20th of December last; the man used to come in very late of a night; on the 21st I heard nothing at all of them, and I went up and opened the door, having another key that fitted it, and the things mentioned in the indictment, and the prisoners were all gone; the prisoners each of them have sent me letters, acknowledging to the theft, I have the letters by me.

Court. Do you know their hand writing? - The hand writing was acknowledged before Alderman Hart, and I have got a witness here.

GEORGE CRANE sworn.

I was officer of the night, when the prisoners was brought to me, and he acknowledged this letter to be his before Alderman Hart.

(The letter read, signed Joseph Pentecross .)

"Wood-street Compter, Jan. 10th.

Sir, I take this opportunity of writing to you, hoping you will comply with my request, so far as to take a note for the value of the lodging in a month; as to proceed against me will be of no service to you; but I will give you a note for 6 s. a week till it is paid; I hope you will comply with my request, or else I shall offend the good and generou s master which I work for: no more at present from your humble servant."

Court. This is an implied, but not an explicit confession.

Russell. I have two more of the woman's.

Court. Do you know her hand writing? No, my Lord.

Court. Did you ever hear the woman acknowledge, that she was not the wife of Joseph Pentecross ? - She said before Alderman Hart, that she was the wife of Thomas Boyd now at Sea, and that she was not the wife of Pentecross.

Court. Where were these two people taken? - In Smithfield.

Prisoner Pentecross. Was I with the woman, when she took the place? - I let you in with the woman prisoner.

Court. Did he pass as her husband? - Yes.

PRISONER PENTECROSS's DEFENCE.

This woman's husband, was a particular acquaintance of mine, his name is Thomas Boyd , he is a printer, she washed for me, and I went back and forward, for my linen.

PRISONER SARAH BOYD 's DEFENCE.

I was called out to nursing, and I left my husband with me in the room.

Court to Russell. Is that true? - No, my Lord, no man ever was with her, but that prisoner Pentecross; he has one leg, and one finger off, he told me he had 12 l. a year from his Majesty, and I thought I had him safe.

JOSEPH PENTECROSS , GUILTY .

To be Transported for seven years .

SARAH BOYD , GUILTY .

To be privately whipped and confined to hard labour twelve months in the house of correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-34

193. EDWARD MUSLIN was indicted for feloniously stealing, on the 25th of December last, two pieces of Irish linen cloth, value 40 s. eight silver tea spoons, value 16 s. one silver table spoon, value 8 s. one silver cream jug, value 20 s. two linen shirts, value 10 s. one pair of silver tea tongs, value 12 s. two silver salt spoons, value 2 s. fourteen pieces of gold coin of this realm, called guineas, value 14 l. 14 s. and one pair of plated shoe buckles, value 1 s. the goods, chattles and monies of John Ward , in his dwelling house .

JOHN WARD sworn.

On Christmas-day last I left my house in the care of my apprentice William Bayley , a boy about sixteen; I went out about one o'clock, I dined out; I returned about ten at night, and he told me the house had been robbed, and I missed the things specified in the indictment; the plate was in my chamber locked up, the linen was in the room below locked in a chest of drawers, and fourteen guineas were in the same drawer.

Court. Did you lock the room when you went out, or was it open? - The room and drawers were locked, I had the keys in my pocket, and when I returned I found the room door and the drawers broke open: I have never found any of the things.

Court. Was it upon the information of the boy or what else, that the prisoner was taken? - On the boy's information.

WILLIAM BAYLEY sworn.

I was left to take care of this house, I was standing at the door between five and six on Christmas-day, the door was open, and two men came up to me, and asked me if Molly Homewood was at home.

Court. Was there any such person lived in your master's house? - She had been a servant, but is gone away.

Did she live there then? - Yes, I told them she was not at home, they said, they had a bundle for her that came from her brother at Portsmouth, and said, they must have the handkerchief again; they came in and said, they would wait while I undid it; the prisoner at the bar was one of the men, and he said to the other, will you go up, or shall I go up? the prisoner said, he would go up, and he did go up; in about five minutes after he was gone up, the other put me into the coal hole, and when he came down stairs the other asked him, whether he had found the handkerchief, and when I thought they were both gone out, I got out of the coal hole.

What answer was made to the question, whether he had got the handkerchief? - Yes.

Were the men gone when you came out of the coal hole? - Yes.

Did you go up stairs to see what they had been doing? - No, I went to the door, and I saw a neighbour's maid, and acquainted her that my master had been robbed; I did not go up till my master came home.

How came that? - I was afraid, I sat by the fire.

What was you afraid of? - I did not know what to do.

I should have thought you would have been most afraid to have staid in the house by yourself after what had happened? - I was afraid.

Who was this maid servant that you told of it? - The next door but one, she told her master, and the master came in, and asked me whether we had been robbed, I told him there had been two men, he asked me where master was, and I told him.

Did he go up to see whether your master had been robbed or no? - No.

Did not you ask them when they were in the house with you to go up and look? - No.

Did this neighbour go away again? - Yes, Sir, he went away directly, and I sat by myself till ten o'clock.

Who was this young woman the servant, this Molly Homewood ? - She had lived with my master about eleven months, I have lived there three years and an half.

What age are you? - I am sixteen.

When did she go out? - About five or ten minutes after my master, she came home about half after ten at night.

What became of her afterwards? - She kept at home.

Was she examined at all about this? - My master thought her companions had robbed the house, she was not examined, she went away next day; my master turned her away.

Did your master question you when he came home, with respect to what had passed? - Yes, and I told him two men had been in the house.

And did not he ask you whether you knew what they had taken, or where they had gone, or any thing of it? - No.

Did you ever see the prisoner at the bar before? - No.

It was between five and six in the afternoon? - Yes.

It was after dark? - Yes.

Had you any candle lighted in the house? Yes.

Where was that candle? - Standing on the table in the kitchen, the street door goes from the kitchen.

Does the kitchen open directly into the street? - There is no passage to the kitchen but through the shop, the men came into the kitchen through the shop.

They did not stop, nor attempt to take any thing in the shop? - No.

What trade is your master? - A hair dresser.

Had they a bundle in their hand? - Yes.

How long did they stay in the kitchen before they talked about going up stairs? - Two or three minutes.

Did they look about in the kitchen? - Yes, Sir, they did, but they did not take any thing in my sight, and in about two or three minutes the prisoner went up stairs, and the other man put me into the coal hole; then in about five minutes the other man asked me where the keys were; he buttoned the coal hole door and put a gimblet in.

How did you get out? - There is a drawer that shuts in it, I pushed that out and got out that way.

During the time that these men were in the kitchen, had you opportunity of observing their faces sufficiently to know them again? - Yes, Sir.

You was very much frightened? - But I knew them again, I looked at them very hard.

How long after was it when you saw the prisoner? - I do not rightly recollect.

How many days? - It was not long.

Was it one or two or three weeks? - Three weeks or somewhere thereabouts.

How came he to be taken up? - Some woman brought my master an account.

Had you given any description of the persons that were in the house? - Yes.

To whom? - To Mr. Wilmot the Justice.

When did you first hear that this man was taken up? - I do not rightly recollect the time, I went with the constable and saw him, he was standing by the fire.

How many people were with him? - Two others.

What was said to you when you first went in? - Nothing.

Did not the constable desire you to look at the man, and see whether it was the man or no? - Yes, Sir, and I said, it was the man.

You knew him then as soon as you was desired to look at him? - Yes.

Should you have known him if you had met him any where else? - Yes.

Are you sure and positive that is the man? - Yes.

Was he dressed in the same clothes he had on when he robbed the house? - Yes.

Are they the same he has on now? - No.

Court. When was this man committed? The 4th of February.

Why the 4th of February is above six weeks after the robbery was committed; could you observe this man at the distance of six weeks, when you had never seen him before? - Yes.

Court to Ward. Do relate to us now what was the first account of your boy? - As soon as I came home, he said two men had come into my house, one went up stairs, and the other put him into the coal hole; he said, he should know the men again, and that they came in with a pretended bundle for the maid; he said, he was not so much frightened then as he was after; he said, the person that went up stairs was thin, rather shortish, his own hair hanging loose about his neck, and a loose great coat on; (now I perceive his hair is altered) he said the men came between five and six in the evening; I asked him his reason for not alarming the neighbourhood, he said, he shut up the house for fear any body should come again, he shut the door and sat by the fire after he had told the woman.

Did he tell you any thing about a neighbour having come in? - No, he said, he spoke to the servant, and that gentleman had come to the door, and asked him what was the matter, and he told him.

SAMUEL HARPER sworn.

I am one of the officers of Shoreditch parish, the prosecutor came to Mr. Wilmot's office, he asked me for Yardley, and we went to the house where the prisoner was, and the boy pitched upon him directly; Yardley went up stairs to see for the others, and then the prisoner and his brother laid down their pipes to engage with me, he tried two or three times to dart right through the windows, and if he had he would have broke his neck; I took these picklocks out of his pocket (two picklocks produced.)

Who pointed him out to the boy! - Nobody, the boy pointed him out himself, he looked about and pointed to him directly.

Did you bid him look about, or did you bid him look round to see if that was the man? - I desired him to look round the room, he looked and said that was the person.

PRISONER's DEFENCE.

When these men first apprehended me, they said, this is him; before the boy came they had persuaded the boy to swear to me for the sake of the reward; I did expect a friend here, but I did not know that my trial would come on; I am a weaver by trade.

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-35

194. MARY BRUNDIFF was indicted for feloniously stealing on the 24th of January last, one child's linen frock, value 2 s. the goods of Jacob Belts .

JACOB BELTS sworn.

I live in Chandois-street, St. Martin's-lane ; I lost a child about two years old for an hour or two, it was taken from the door, and we found it in Maiden-lane, and it had lost its frock when we found it; I did not see the prisoner take the child; one Mr. Gates, a pawnbroker, the corner of Bedford-street, in the Strand, brought the frock to my house, and enquired whether it was mine; and I took the prisoner before a magistrate.

HENRY TURNER sworn.

I am servant to Mr. Gates, the pawnbroker; on the 24th of January a woman came accidentally to the shop, and was relating the circumstance of a child having been taken away from a door and its frock taken of; she had hardly departed the shop before the prisoner came in with a frock to pledge; I immediately began to question her how she came by the frock, as I supposed that must be the frock; she varied in her account, and I stopped her and went to Mr. Belts with the frock, she owned it and the prisoner was committed.

(The frock produced and deposed to.)

ANN HORNER sworn.

I live in Maiden-lane, my husband keeps a butcher's shop; on the 24th of January somebody knocked at our side door, and in came the child a baby without a frock; I stepped out of the fore door, and saw a woman go down the alley between a walk and run, I cannot swear to her face.

Did you see the frock in her possession? No, I did not hear the child cry.

PRISONER's DEFENCE.

I gave a silver shilling for the frock on the Friday, I was coming along the Strand, and a woman had some clothes in her apron, and this frock was hanging out; I wanted the money, but I thought it was worth eighteen-pence, and I asked eighteen-pence on it; I told the pawnbroker I bought it. I thought I was to be tried at Westminster, nobody knows where I am.

Court to Mrs. Horner. What time of the day was it that the child came into your shop? - Between eleven and twelve.

Court to Turner. What time did the prisoner come to your shop to pawn the frock? - I believe about half past eleven, she asked eighteen-pence for it, I believe it is worth half a crown.

GUILTY, 10 d .

To be fined 1 s. and confined to hard labour six months in the house of correction .

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

Reference Number: t17830226-36

195. MARY FULFORD was indicted for feloniously stealing, on the 7th of February instant, one silver handle of a table spoon, value 2 s. the goods of Samuel Wood .

SAMUEL WOOD sworn.

I keep Wood's Hotel and Coffee-house, Covent Garden ; on the 7th of February between nine and ten as I believe, Mr. Heather of Long-acre sent for me, and informed me that he had stopped the handle of a silver table spoon with my name on it, and pointed to a young woman in the shop, who proved to be a servant girl of mine, that I had hired the day before; the spoon had been broke in half: I really believe this is her first crime, I had a very good character of her, and her sister lives with me now, a very good girl.

- HEATHER sworn.

On the 7th instant, between nine and ten, the prisoner came to my shop to sell this handle of a spoon, it has been in my custody ever since; she said, she found it in Covent Garden.

PRISONER.

I never was in such a place before, I throw myself on the mercy of the court.

GUILTY .

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

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

Reference Number: t17830226-37

196. JOHN WELLS was indicted for feloniously stealing on the 8th of January last, in the dwelling house of Thomas Walter Williams , one inlaid cedar box with silver hinges, value 1 s. and nine pieces of gold coin of this realm, called guineas, value 9 l. 9 s. the goods, chattels and monies of the said Thomas; one bank note No. K 1019, dated the 16th of August, 1782, signed O Griffin, for the Governor and Company of the bank of England, value 10 l. one other bank note, No. K 154, dated the 14th of June, 1782, signed O Griffin, for the Governor and Company of the bank of England, value 20 l. one other bank note, No. B 695, dated the 26th of November, 1782, signed O Griffin for the Governor and Company of the bank of

England, value 20 l. one other bank note, No. B 10, dated the 1st of August, 1782, signed T Ormes, for the Governor and Company of the bank of England, value 100 l. one other bank note, No. B 11, dated the 1st of August, 1782, signed T. Ormes for the Governor and Company of the bank of England, value 100 l. the said bank notes, at the time of committing the felony aforesaid, being the property of the said Thomas, and the several sums of money secured thereby, then due and unsatisfied, against the form of the statute .

THOMAS WALTER WILLIAMS sworn.

I live in Manor-street, Chelsea , I have a house there; the prisoner at the bar, was my farther's clerk, about three months, my father and he had some words; I do not know for what, and my father turned him out of his service; and he left me to settle the account with him, and I was not satisfied, and I resolved never to have any thing more to do with him, I quitted him in a manner, by which he must think, I never would see him more: on the 6th of January, on my return from town, I found the prisoner had just entered my house, upon that I was very angry, and desired my servant maid to desire him to depart out of the house, which he did; on Wednesday the 8th Mrs. Williams and I had some business in town, and having occasion for some money, I desired her to take some down out of that box where I used to keep the cash in; it was kept in a closet, joining to the bed chamber under a chest of drawers; the door of the closet was sometimes locked and sometimes not.

Was the prisoner at all conversant in that house? - Certainly, sir, because I had given him encouragement to sleep in that house.

Had he ever had an opportunity to know where you kept the money? - Yes, sir, I believe, he has seen Mrs. Williams pull out some, of her trinkets; she brought down ten guineas, and I took seven and a half, and she kept the remainder; we returned between five or six in the evening, we never missed the box then; the next day the 9th after dinner, Mrs. Williams and I proposed going to the theatre, and we had not money sufficient about us, and she was desired to go for some money; she went up stairs where the box was usually kept, and she had not been gone long before she called to me with some astonishment, and asked me if I knew where the box was, I told her I did not; I went up stairs, alarmed and searched the house all over, and could not find it; I then concluded I must have been robbed, and if so, it must be no common housebreaker, as there was some plate just by on another chest of drawers in the same closet; I took up the two women who were in the house, and carried them to Bow-street, but no magistrate was then attending: I then went to the Bolt and Tun in Fleet-street, supposing that if the prisoner had robbed the house, he would either send the property to Cheltenham, in Glocestershire, from whence as I had been informed by himself, he came, or that he would go there himself; I enquired for the book-keeper whether any person of the name of Wells had been there that day, he found that there was no such name entered there; but when he referred to the book, in which he entered parcels which were sent down to the country, he found there was a parcel entered in the name of Wells, for Cheltenham; upon that, I ordered a chaise immediately, and pursued the prisoner; when we came to Oxford, the Glocester coach had been gone about two hours; I was much agitated, and I there employed one Barton to go after the prisoner, on a single horse; I followed in a post chaise and four; took the prisoner at Whitney, and kept him till I came; there I found the prisoner in custody very dirty with travelling; he was carried before a magistrate and examined, but the property could not than be

identified; I sent a messenger to overtake the coach; one John Parker , and he brought back a parcel which was opened before the magistrate, and then the proparty being produced, the prisoner was committed; it was a parcel covered with brown paper, and directed for Mr. John Wells , opposite Mr. Cox's, Cheltenham, Glocestershire, I found the whole of my property there, except four or five guineas.

What property did you lose out of the house? - I lost 250 l. in bank notes, and I I should suppose from the negociation of money which I had had occasion for, nine or ten guineas in gold; and the box in which they were.

Court. What numbers of bills? - Two notes for 100 l. payable to myself, I had them made out at the Bank myself, I can speak to one of the other Bank bills.

Court. Did you take down the numbers? Not before they were produced before the justice, but I knew the day of the month, I can swear positively to the days, and to whom they were made payable, I looked at the date at the Bank when I had them, it was the first August, 1782; I changed a 1000 l. note for these 100 l. notes; I had more notes for 100 l. the same day, but I cannot be sure how many, as I have negotiated a great deal of money in the last year, I changed one 100 l. note in Chelsea, and had a 50 l. and other notes in change, one of which was a 20 l. note, which was torn in half; the other notes of 20 l. and 10 l. I cannot swear to.

Are you sure at the time that the box was stolen that you had notes in it, to the amount of 250 l? - Yes, the Cedar box is in court.

(The bank notes produced.)

Court. What wages had the prisoner from your father? - Twenty guineas a year besides board and lodging.

Court. Was there much money coming on the settling of the account? - I believe there was about 2 l. 16 s. coming.

ELIZABETH TILCOCK sworn.

I know the prisoner, I was servant to the prosecutor in January last; I sent for the prisoner, we had a hare brought out of the country, I sold the hareskin for 2 d. and I put three halfpence more to it, and I said to Mrs. Ward we will send for Mr. Wells, if it is agreeable to you; my master and mistress were not at home; on the Friday after they were gone after their property, I found the box behind the door going up the stairs to the two pair of stairs room; there was an etwee case and locket, and a pair of silver buckles, and some bills, that were of no account.

(The box shewn to this witness.)

That is the box I found.

(The box deposed to by Mr. Williams.)

Court. Did you know that your master or his father had quarreled with this prisoner? - Yes.

How came you to send for the prisoner then? - I did not know that my master had forbid him the house.

Were you in the house when the prisoner came in? - Yes.

And when he went out? - Yes, the prisoner went out to fetch the clothes in, that was up one pair of stairs; he took a basket of clothes, and brought them down by himself and came up directly, he was not gone above a minute; I found that basket of clothes afterwards in the kitchen.

How often did he go up and down? - Only once by himself.

How often did you go up and down? - Only once.

Where was this box? - In a closet adjoining to the landing place.

Is it near the door that goes into the garden? - It is one pair of stairs higher, the kitchen is underground.

You all went down together the second time? - Yes.

Did he go out of the kitchen at all afterwards? - Only when he went out of the house, and I never saw him from that time to this.

You are are sure that from the time you all came down together, he never went out of the kitchen till he went out of the house? - No, Sir, he did not.

Prisoner to Tilcock. Who brought the box to me? - William Jordan told me he brought it to the prisoner.

Court to Mr. Williams. Upon your oath have you or not sent Jordan out of the way? - He is gone into the country, where I know not; the prisoner charged Jordan, and he declaring his innocence fully, when I carried him to Bow-street, the magistrate would not commit him.

EDWARD HARRIS sworn.

Was that parcel booked to go by the Glocester stage? - Yes.

Produce your book. - It is valued at 5 l. 5 s. it is dated the 9th of January.

Look at the direction on the parcel? - To Mr. John Wells , opposite Mr. Cox's, Cheltenham, Glocestershire.

Who entered that parcel at your warehouse? - I do not remember the person of the man.

JOHN BARTON sworn.

I am a housekeeper at the Mitre inn, recollect the prisoner, I saw him at the 10th of January, he challanged by name, and asked me to drink a glass of wine, and said he wanted to catch the coach at Frog-hall as he had a parcel in the coach of great consequence to him if he did not overtake it; he said, I wish you would go and assist the hostler, I did so: he had not been gone long from the door, before Mr. and Mrs. Williams arrived in a post chaise, and enquired after the prisoner, and Mr. Williams offered me five guineas to go after him on horseback, which I did, and I overtook him at Whitney, and kept him in custody till Mr. Williams came.

JOHN PARKER sworn.

I overtook the coach, but I would not stop it it came to the inn, and I took a out of the coach; that is the paper, there is my own seal on it, I brought it back to Whitney.

Did you see the book taken out, a little pocket back of bank notes? - I cannot say I did.

Court to Mr. Williams. You took it out yourself? - Yes, Sir, I did.

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

Reference Number: t17830226-37

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 at Law, &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: t17830226-37

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 26th of FEBRUARY, 1783, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER III. 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.

MDCCLXXXIII.

[PRICE SIX-PENCE.]

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 Joseph Wells .

PRISONER's DEFENCE.

Mrs. Williams sent for me by Mr. John Please from the Chambers, No. 5, Clement's Inn, for me to come over by all means in the world to she; and in the morning before Mrs. Williams was up, the servant girl came up and told me to come to her mistress directly, which I did; when I went down we talked a good while, there had been some difference between Mr. Williams's mother and Mrs. Williams, and Mrs. Williams said, says she, I have a great deal of property (she had shewed it me before) says she, Mr. Williams shall never have my property, he is a dirty scoundrel, and has used me very ill; says she, you and I will be sure to take care of the property, I said it will be a very good way; she mentioned going along with me, and it was agreed upon; Mrs. Ward came up stairs, and we talked about the difference, says Mrs. Williams, I will take care of it as soon as I am up: when Mrs. Ward was coming up stairs, she thought it was Mr. Williams, for Mr. Williams was jealous of me, that was what his first cousin told me, and he ordered me out of the house, I saw her no more; I mentioned it to the servant girl.

Court to Prisoner. What day was this? I cannot say what day it was, I cannot mention the day. On the 8th of January they sent for me from the White Horse to come there, they asked me to help them in with their clothes, we drank three pots of beer and I went up the area steps to the White Horse again; from there I proceeded to the Three Crowns at Chelsea; there I stopped, and was there till about four that afternoon; I had been there some time, and Jordan came to me, and brought this property to me in a pocket book; says he, Wells I have so and so, says he, you must take care of it; I said, you had better send it yourself; says he, neither I nor Mrs. Williams can read or write, and he said, you had better direct it, and they will have it all one.

Court to Tillcock. You have heard what the prisoner has said, do you remember any time when the prisoner slept at your house? I cannot say when he did sleep there.

Was you directed any morning when he did sleep there to call him to your mistress?

I was ordered to tell him to come up into my mistress's bed chamber, but I cannot say the day.

How long was it before the clothes were taken in out of the garden? - I cannot tell.

Can you tell whether it was a week or more, or less? - I believe it was more than a fortnight.

Court to Tillcock. Did your master and mistress live together on good terms? - Yes, Sir.

Mrs. WILLIAMS sworn.

Court. Remember you are upon your oath, therefore whatever may be the consequence, or however disagreeable to yourself, you are bound to tell the whole truth: you have heard the story which the prisoner has said, is it a true one? - No, my Lord; it is all false except my sending for him into the bed chamber, which I will tell you: Mr. Williams's mother and I had had a few words, as the prisoner at the bar says, and in my laying in I sent for him; I sent Mr. Please which was in my house to the chambers to know whether Wells had heard that Mr. Williams's mother was there to persuade him any thing about me, he came on the over night to our house, on the morrow morning I sent my servant to tell him, to come into my bedchamber, to tell me what had been said, which the nurse was there and heard every word; he told me my husband had agreed to run away with all my property, and that his mother had persuaded him to do it; which I found to be very false; enquiring of Mr. Please, which I sent to this Mr. Wells, to know what had been said, he informed me that she had said every thing that was bad of me; and that he would not live with me; and being confined to my bed-chamber at that time, we had a few words about it; I was afraid it was true.

Court. What passed more between you and the prisoner? - Nothing more.

Did you shew him any part of your property? - I was not able to get out of my bed.

Was any of your property ever produced to him? - None of my property was ever touched.

Did you propose ever going off with the prisoner? - Never said any such thing, never in my life; how could I propose such a thing.

Court. Do not reason, but remember, you are upon your oath; Did any of that conversation, ever pass between you and the prisoner? - None at all my Lord.

Court. Did you in any way deliver this box, or property, either to the prisoner, or to this other man, whose name is Jordan, or to any other person? - Never.

Did the prisoner ever see where your property was? - He has, Mr. Williams sent one of my servants to me for a guinea, five weeks before I was brought to bed; we were putting up a bed; I was very big; I sent my servant to get this little small box out, the servant brought the box to me, that was the time he saw the box.

Court. Is the nurse here? - No, I did not think it necessary to bring her.

Prisoner to Mrs. Williams. You took out your rings and shewed me, and gave me a pair of sleeve buttons at the same time.

Mrs. Williams. I took out a pair of buttons, of silver, glass buttons, and said I have three pair up stairs, and I will give you a pair; I took out a pair before Tillcock, and said I will give them to you.

Prisoner. Madam, you pulled out the rings, as you and I sat down on the bed together?

Prisoner. My Lord, I am destitute of a friend here, my friends are at Cheltenham, which is the way I know that lady there that stands at the bar.

Mrs. Williams to Prisoner. And I gave you the best of characters to Mr. Williams, or else he would never have hired you.

Prisoner. You never had any other occasion, madam.

Mrs. Williams to Prisoner. No, that I had not.

Prisoner. She gave the girl a pair of pearl ear-rings, that was the time she shewed me the whole property, she shewed me diamond rings out of the box.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-38

197. CHARLES BAIRNES was indicted for feloniously stealing, on the 3d of February instant, one gold watch chain, value 4 l. three stone seals, set in gold, value 3 l. one gold watch key, value 10 s. one gold trinket, value 10 s. one gold mourning ring, value 20 s. and one small silver key, value 2 s. the goods of Charles Western , Esq .

(The prisoner being a German, was asked by the Court, whether he chose to have one half of the Jury composed of his own countrymen, to which he replied in the affirmative, and the following Jury were sworn.)

James Manley

John Brewer

John Williams

William Massey

Alexander Grant

Henry Bensley .

Gottfried Kleinert

Andrew Schabner

Frederick Lang

Gabriel Buntebart

Frederick Beck and

Christian Burkard .

John Bessell was sworn Interpreter.

CHARLES WESTERN Esq. sworn.

On Friday the 20th of December, I left town, to go to Mr. Calvert's in Hertfordshire on a visit; I took my watch chain from my watch, as I usually do when I travel, and laid it in a pair of stockings; I laid it on a table, or on a chest of drawers, and with many other articles put them all in the trunk together; my trunk was locked up, the prisoner was Mr. Villiers's servant ; the next morning when I got up to hunt, my own servant was gone for my horses, and I undid the trunk myself; my hunting coat was at the bottom of the trunk, and in pulling it out, I pulled out several things, which I laid indifferently about the room; among the rest, I am positive there were these stockings, with either the chain, or something of metal in them; pulling on my boots, one of them was tore; Mr. Villiers was there on a visit, and his servant came in to assist me, to get off the boot; I put on another pair of boots, and went down stairs, when I got on my horse, I sent my servant up stairs to take care of my things, telling him, I had left them about, whether I left the prisoner, who was Mr. Villiers's servant, in the room, or whether he went into the next room, I cannot be positive; that was soon after we had taken a short kind of breakfast; till then my servant was with the horses, when I came home from hunting, I sent my servant to the stables; I looked for the chain, but not finding it I concluded my servant had put it up somewhere; the next day I asked him for it, and he said I had not brought it from London, for that he had not seen it, when he unpacked the things; that is all I know, I did lose it; and it is to be produced.

Prisoner's Council. Your servant was then intrusted with the key of your box? I had the key.

How was he to lock up your things? - I meant him to put them away in some drawers.

Did you complain to any body there of it? - I mentioned it to my servant, and told him I had lost it.

Did you mention it to the gentleman, at whose house you was? - No.

Did you mention it to Mr. Villiers? - I had suspicions of my own servant, who was a very idle fellow, and who has defrauded me.

Did you advertise it as lost in Hertfordshire? - No.

Not as being lost, I see (Looking at the advertisement) at Mr. Calvert's, or any particular place? - No, I did not.

Then you had no idea it was stole then, I take it? - Yes.

And yet still you chose to advertise it, as a thing lost? - I did advertise it so.

You seem to be tolerably careful of your things, is that always the case? - I suppose I am as careful as any other gentleman, I was told it was asserted at Bow-street, that I am very inattentive, which I think very extraordinary.

Keep your temper Mr. Western, because in such cases as these it is not right to be out of temper, there is a case I want to mention to you about your absence of mind, you lost some money I believe? - Yes.

And when you left Enfield, you came back supposing your money to be left at Mr. Hamlinton's, and not knowing where it was? - Yes.

That is a pretty good instance of carefulness; you came back, supposing you had left your money at Mr. Hamlinton's, and it was found in the inn yard I believe? I left some money at Mr. Hamlinton's, which I came back for, I had in my pocket when I set out from home, several guineas, I put about ten of them in my fob over my watch, and when I came to take out my watch, the paper came out with the money; which I did not recollect at the time; I happened to feel for it, and it was lost; I came back to the inn, and looked for it in the yard, and there it was found.

Then you got into your chaise, and came to Ware, and there you lost your money a second time? - I put it into my boot.

You did not recollect havi ng put it there? No, I did not.

That is a pretty good instance of memory, you see Mr. Western? - That has very little to do with this case.

It shews you know that you did not take care of your money? - I think it shews that I had some thought about it.

Was Mr. Villiers dressing at the time you went into his room? - Possible he might.

You know it was just at breakfast time, you were both of you going a hunting? - I think he was dressing, but I think he was down before me, his servant was assisting him.

Do you recollect whether you pulled off your boot in that room or not? - I think I pulled it off in my room, but I will not be positive.

Was the boot pulled off in Mr. Villier's room, or your room? - I think that is a thing very immaterial.

I do not want your opinion at all? - Whether he pulled off my boot in his master's room, or whether with a boot jack, or whether it was in my room, I cannot say.

If it was pulled off in his master's room, what business had he in yours? - He might come in out of civility.

I ask you what business he had in your room, if the boot was pulled off in his master's room? - You may ask me any questions about it you please.

I ask you what occasion he had to go into your room? - I will lay you a wager he was in my room.

There is no bet on it you know? - No, there is not.

Had he his boots on? - I do not know.

You think then merely out of civility, he came into your room? - Suppose you ask the prisoner, may be he recollects.

Yes, he does recollect, he recollects he was not in your room? - I am positive the man was in my room.

ELIZABETH SALMON sworn.

What are you? - I keep a silver smith's shop, in the Strand, No. 40, the prisoner

brought a gold chain, on the third day of this month, about eleven in the forenoon, he wanted to know if it was gold; he asked if it was gold; I asked him how he came by it, if he did not know whether it was gold or no, he said he found it in Germany; I told him it belonged to somebody in England, he said he bought it in Germany, I told him, let him buy it where he would, it was English gold, I asked him where he lived, he said he lived in the Strand, I told him this was the Strand; then he said he lived at St. Paul's, and we were going to St. Paul's with him to his master, but he would not go; then I said, I would take him before a Justice; we took him to Bow-street, then he told who his master was, and he mentioned different people first; his master was sent for, who bailed him, and took him home with him; the next morning after, he brought four more things to our shop belonging to the chain, that he had taken off the chain, a pump seal and mourning ring, a gold trinket and a gold key.

What did he bring them there for? - He brought them there, and said they belonged to the chain, I had kept the chain, he left them at our shop and we sent them to Bow-street; he did not say what he brought them for.

Did he give no account, and say why he brought them? - I understood his master sent them, because they belonged to the chain; the things I produce are the things he brought to me, and they have been in my possession ever since.

(The things deposed to by the prosecutor.)

Prisoner's Council. Your husband keeps this silver smith's shop? - Yes.

Do you speak German? - No, sir.

When he came there with this ring and these trinkets, did not he desire they might be returned to the owner? - No, sir.

What did he say? - He said the chain was his own.

- Yes, but when he brought the trinkets? He said nothing particular.

Why what were the trinkets to you, or you to the trinkets; was there nothing said I not a word? - Nothing at all, only he said they were belonging to the chain.

Court to the Prisoner's Council. As the prisoner is a foreigner, - though I cannot consistent with the practice of the court, allow you to make a speech for him; yet you may state your facts to me.

Prisoner's Council. I thank your Lordship; the prisoner went down with Mr. Villiers, to whom he was servant, to Mr. Calverts in Hertfordshire; and going down there, he found this chain with the other things belonging to it, he offered it to this silver smith in the Strand, to know whether it was gold or no; not to sell it, but to return it to the owner: as to the absence of mind, which has made the prosecutor so very angry with me, it is only to prove that when he thinks himself certain that the prisoner was in his room, he may be mistaken and have forgot, as he had done, in the cases I have referred to; I shall now call several witnesses of great respectability and credit to the character of the prisoner at the bar.

The Hon. - VILLIERS, Esq; sworn.

This man I understand, was a servant of yours? - He came to me on the 20th of October last.

What character had you with him? - I had two written characters in German, that was interpreted to me, of the highest recomendation of honesty, and fidelity to his master, he conducted himself with me, in all respects perfectly honest, he had repeated opportunities of taking all my wearing apparel, and likewise money that lay about, he had the keys of the drawers frequently in his power; I said but two days before this came out, I hoped nothing would oblige me to part with him, as he

was the best I ever had; I kept him in service after this, I pledged myself if he went off, he had frequent opportunities to go off; I told him he must wait till Mr. Western came to town, he said, he was clear he was innocent, but was only afraid I should dismiss him for having any thing without telling me of it; when the prisoner was dressing me at Mr. Calvert's, Mr. Western knocked at my door, and desired the assistance of the man to help him off with his boot; and as near as I can recollect, my man helped Mr. Western off with his boot in my room; I asked Mr. Western, if my servant could assist him further; and I said to him, go and ask Mr. Western, if you can assist him again; I was not forward in my dressing at all, but Mr. Western coming in, burried me excessively, at seeing him so forward; the man had not dressed my hair, I told him to make haste back, to dress my hair, I was the last person in the room at breakfast, and was accused of being very lazy that morning.

Did you send him with the trinkets to the watch-maker? - No, I did not know of it, till Mr. Calvert told me of it, saying but how does he account for all the trinkets not being all together.

Court. Did you leave your servant behind, when you went out a hunting, or did he go with you? - I left him at home.

The Hon. JOHN VILLIERS sworn.

I never told the man to carry the trinkets, I never knew that the trinkets were carried; I tried to draw what I could from him, but I saw no reason to advise my brother to discharge him; the servant of my brother's is a great friend of his, and I admonished him to try to get it from him, if he was guilty.

CHRISTIAN WATER sworn.

You are servant to the honourable Mr. John Villiers ? - Yes, I am.

Do you know the young man at the bar? - Yes, he was but a boy when I left Germany, I have not known him only since he has been with Mr. George Villiers .

Did you speak to him about this matter?

Court. We cannot take the evidence of the prisoner's own declarations at another time.

How has he behaved himself? - Exceeding well.

JOHN FISHER , Esq; sworn.

(His evidence interpreted.) I am a commissioner of the King of Prussia's mines, and I came over to this country upon researches of mines; the prisoner came over with me in the same vessel; he behaved so well during the passage, that I admitted him to dress my hair, and on account of his good behaviour, I kept him till he had a master; he has frequently been in my room, but I never lost any thing; he went directly from me to Mr. Villiers's.

- BARBOR sworn.

You live, I think, with Mr. Villiers's brother Lord Hyde? - Yes, I have known the young man at the bar ever since he has been with Mr. Villiers, he was always very sober, and very diligent, as to what I saw.

Court. There is no witnesses can convince us more than Mr. Villiers has done, that the man has behaved very well.

HENRY CANNING sworn.

Was you ever consulted by the prisoner at the bar about advertising a chain? - I never saw any thing of the advertisement, I told him if it should be advertised he must give it back again; then he told me he would keep it for his own use; that was a good while before he was taken up.

Court. How did you know that he had it? - He came to me, and shewed it to me.

Did he ask you about the value of it, or any thing? - No, I asked him where he found it, he said his master sent him out to get post-horses, and there he found it, rolled up in a piece of paper.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-39

198. WILLIAM ROSE , otherwise DEADROSE was indicted for feloniously stealing, on the 15th of January last, one hammer cloth, value 5 s. the goods of Robert Harrison .

ROBERT HARRISON sworn.

I live at Hoxton , I lost a hammer cloth, it was in the coach house, upon the coach box. I only prove it to be my property.

RICHARD WOOLGER sworn.

I am coachman to Mr. Harrison, the hammer cloth was on the box, in the coach house, on Wednesday the 15th of January in the evening; I first missed it on Thursday the 16th, at half past six in the morning; I never saw it again till the prisoner was taken up.

(The hammer cloth produced and deposed to.)

EDMUND WADE sworn.

I saw the prisoner drop the hammer cloth on the 15th of January, between seven and eight he rushed by me with a bundle under his arm, he went about two yards from me, and I saw his face, I knew him before I followed him two or three steps, he made a bit of a run, I cross'd the way, thinking to have caught him in my arms, and after running about forty yards I headed him; I crossed the way again about four or five yards off, he perceived me, and threw down the bundle, and made his escape; I took up the bundle and followed him to Lamb-alley Bishopsgate-street, I cried out, stop him! and two butchers boys stopped him.

Had you any information of this hammer cloth being lost, at the time? - No, only I looked upon him to be a suspicious person, I took him into custody, and the hammer cloth was advertised.

PRISONER's DEFENCE.

The last day of last sessions I was brought up before Mr. Recorder, and I was discharged, and about three quarters of an hour after, Mr. Wade met me, and took me again, he said he found the property in Bishopsgate-street, I was walking in Moorfields when he took me, and he said I dropped the bundle.

Jury to Wade. Was the prisoner over out of your sight? - Yes, the value of two minutes.

NOT GUILTY .

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

Reference Number: t17830226-40

199. AARON PATRICK and JOHN PEPPER were indicted for that they, after the 2d day of June, 1766, to wit on the 28th day of December last, about the hour of one in the night, with force and arms, unlawfully and feloniously did cut down, steal, and carry away, eight oak timber trees, value 40 s. and eight other trees likely to become timber trees, value 20 s. then and there standing, and being in a certain open ground, called Enfield chace , in the parish of Enfield, belonging to Joseph Brown , George Cook and William Sedcole , then being the church-wardens of Enfield aforesaid, without the consent of the said Joseph Brown , George Cook and William Sedcole , they the said Joseph Brown , George Cook and William Sedcole , then being the owners of the said trees, against the form of the statute .

Another Count laying them to belong to the said Joseph Brown , George Brook , and William Sedcole , then being the church-wardens of the parish church of Enfield, &c.

Mr. Fielding. - Gentlemen of the Jury; you collect from the indictment, that the crime of which the prisoners at the bar are charged, is a felony committed on Enfield Chace; the indictment stating, that they on the 28th of December, at the hour of one in the night, unlawfully, and feloniously did cut down, steal, and carry away, eight oak timber trees, and eight other trees, likely to become timber trees, then and there standing, and being in a certain open ground, called Enfield Chace, belonging to Joseph Brown , George Cook , and William Sedcole , who were at that time the church-wardens of the parish of Enfield.

Mr. Silvester. - May it please your Lordship, and you Gentlemen of the Jury; this is an indictment against Aaron Patrick and John Pepper , for that they on the 28th of December, about the hour of one in the night of the same day, unlawfully and feloniously did cut down, steal, and carry away, eight oak timber trees, and eight other trees, likely to become timber trees, then and there standing, and being in a certain open ground, called Enfield Chace, belonging to Joseph Brown , George Cook , and William Sedcole , who were at that time the church-wardens of the parish of Enfield. Gentlemen, the crime is for cutting down in the night time, some oak timber trees, or some trees likely to become timber trees. The act of parliament made in the 6th year of his present Majesty's reign, enacts,

"that from and after the 2d of June 1766, all and every person and persons, who shall in the night time, lop, top, cut down, break, throw down, bark, burn, or otherwise cut or destroy, or carry away, any oak, beech, ash, lime, fir, Chesnut, or asp timber trees, or other tree or trees, standing for timber, or likely to become timber, without the consent of the owners, shall be guilty of felony, and shall be punished accordingly: It is punishable with transportation." You observe, that the indictment is laid for cutting down these trees, and that it is the property of Joseph Brown , George Cook , and William Sedcole , then being the church-wardens of the parish of Enfield, without their consent. Gentlemen, by an act of parliament of the 17th of his present Majesty, made for dividing of Enfield Chace, there was a certain allotment of the Chace vested in the church-wardens of Enfield, and they are thereby made the owners of it, for the benefit of the parish; and they are incorporated by the same act of parliament, and are to be called a body politic, by the name of the church-wardens of the parish of Enfield; they are the church-wardens of the parish church of Enfield, in the county of Middlesex: Therefore by this act of parliament it is vested in them; so much for the crime, and so much for the conduct of the prosecutors. The facts to bring this charge home to the prisoners are shortly these: - On the 28th of December last, a watchman who was at his stand in a street called Baker's-street near Enfield town, observed a team with four horses go towards the Chace, he wished the parties a good night, but they made no answer; this was on a Saturday night, and it rather surprised this watchman to see a team with four horses go towards the Chace at that hour of the night. At the hour of four in the morning, as the watchman was crying the hour, he heard at a distance, a team coming along; after crying the hour for some little time he heard the team stop; this created a suspicion in his mind, after which he stood nearer to the highway, so as to see the team pass, and he saw it come past him; one man came before the team, walking a little way, another man held the fore horse of the team, and another was driving the team; he observed likewise, that the cart was loaded with a number of young timber trees, but who the men were, he

could not possibly tell; very soon after an alarm was raised, that these trees had been cut on this allotment belonging to the parish; some suspicions fell on Mr. Patrick, a search warrant was granted, and when they came to Mr. Patrick's house they found several young timber trees; and some trees likely to become timber trees, had been cut and sawed off. - Gentlemen, a person of the name of Hockett, having informed some of the overseers, that he knew something of the matter, the persons who went to search, cut off the end of the pieces of timber trees, they cut off that end, so as to make it tally with the stumps remaining in the earth; those trees that had been cut off, you will observe, they could not make tally; but the others which had been sawed off at the end, broke off at the end, they were taken to the place, and there they fitted exactly like an Exchequer tally: Upon this evidence you will have before you the particulars of the trees found in the prisoner's possession, the bits cut off, and those tallying with the stumps remaining in the ground; and this man Hockett will be produced to you, who was employed by Patrick himself, hired by him, to go to the Chace; and who together with Patrick and Pepper went to cut down these trees, and he will inform you, that they passed by the watchman, that he bid them good night, and that they returned no answer; that about four o'clock, hearing him call the hour of four, they stopped till he had done his cry, that he might go home to his box as they supposed he would; he will inform you that Patrick went before the horses, and that the others drove the team, as the watchman had observed, and that the watchman wished them a good night, but that none of them chose to answer him. Gentlemen, you will have this evidence of the accomplice fully corroborated in the strongest manner that such evidence can. The fact which is a very strong one of the property so taken, and so stolen from the Chace, and carried to the house of Patrick, will be fully proved to you; and also that they tallied exactly, so that there could be no mistake whatever. - Gentlemen, when these facts are thus proved to you by the witnesses that we shall call, it will be incumbent on Mr. Patrick to shew you where he got those trees, and unless he can make that out to your satisfaction, you will find the prisoners guilty.

Mr. Peckham, - My Lord, supposing for a moment, all that Mr. Silvester has stated to be true, I yet should trust under your Lordship's correction, that the prisoners ought to be acquitted, because I am supposing now that Mr. Silvester should prove, that the property of these trees was in the church-wardens of Enfield, pursuant to the act of parliament; we must likewise take under the act of parliament, that the churchwardens are trustees; but this indictment states, that the trees thus cut, are the property of A. B. & C. by name; then being the church-wardens of the parish church of Enfield, that is only descriptive of the persons: Whereas these men ought to have been indicted for having taken such and such trees, being the property of the churchwardens of Enfield; but instead of that it is stated to be the property of A. B. & C. And my Lord, they are obliged to refer to the 6th of George the IIId. to make it a felony, for this act of parliament, for alloting the Chace does not make it so; and I understand this was after the division: the act of parliament has been particularly careful in speicfying the crime; it enacts, tha t

"all persons whatever, who shall unlawfully

"cut down, split, bark, pull,

"damage, deface, destroy, or carry away

"any timber tree, or other tree, wood, or

"covert, or any sern or furze within the

"said Chace, before the sences, to be made

"at his Majesty's expence shall be compleated,

"shall be subject, and liable to

"all such pains, penalties and punishments

"such offenders are or would have been

"subject, or liable to in case this act had

"been made." But after the fences are made it runs thus: -

"And in case any

such offence or offences, shall be committed after the said fences shall be compleated, every such offender or offenders, shall be subject to all such suits, actions, damages, pains and penalties, as are provided by the laws and statutes of this realm, to be brought, given, imposed, or inflicted upon any person or persons, there committing the like offence or offences in the lanes, grounds, woods or coppices, being the private property of any of his Majesty's subjects." Now, your Lordship sees before the fences were made, it was all such pains, penalties, &c. but after the fences are made, then they shall be subject to such actions, suits, &c. The legislature has made a very clear distinction; but the first objection I take to be fatal.

Mr. Mingay. - My Lord, will you indulge me in a few words on the same side; suppose there was an indictment for stealing any thing laid to be the property of Nathaniel Newnham , Esq; Sir Thomas Hallifax , &c. and so to go through the whole corporation, then being the corporation of the city of London; why, this is a fluctuating body, so are these church-wardens; it is not the property of John Sedcole and these people; why, perhaps in the course of a week or ten days after, other persons may be appointed; and the property so laid to be the Lord Mayor's; would not be his after he had quitted his office; my Lord, I conceive there is another part, which is unanswerable, indeed it is ex abundanter: I do not conceive how a man can be indicted for robbing himself; It is a whimsical kind of thing: The prisoners are described to be labourers of the parish of Enfield, and being inhabitants, the churchwardens have the trust for them as well as the rest; I should conceive that would be an objection; but the other certainly is compleat; my Lord, property never was stated to be of a bishop, or of a dean and chapter, or a variety of others; the corporation of the Trinity-house for instance; indeed, my Lord, you have every day indictments for stealing things, that are vested in a corporation; but you never heard the names of the persons mentioned that compose that corporation; but here the names of these persons are mentioned, then being the church-wardens; the indictment does not state that it was the property of them, but it states thus,

"Then and

"there belonging to Joseph Brown , Geo.

"Cooke, and William Sedcole , then being

"the church-wardens of Enfield, without

"the consent of the said Joseph Brown ,

" George Cook , and William Sedcole ,

"then being the owners of the trees aforesaid:" why are these three persons the owners of the trees. The church-wardens are owners of the trees in trust; therefore unless I hear some reason assigned that I do not at present know, I must object to this indictment.

Court to Mr. Silvester. What do you say to the first objection.

Mr. Silvester. - My Lord, if the names of the church-wardens had not been mentioned, then the objection would have been, it is uncertain, we do not know who they are, the act of parliament vests it in the church-wardens of the said parish of Enfield for the time being; therefore at that time it is vested in them; but says Mr. Mingay, it is ex abundanter; then leave out the names, consider the names as surplusage, and you have them as church-wardens, but it was necessary to mention the names of these church-wardens, because it would be otherwise uncertain when the offence was committed.

Mr. Fielding. - My Lord, I am on the same side with Mr. Silvester, and I conceive it to be necessary in all indictments, that it should be stated, in and upon whom the offence is committed: Now I conceive here, that the offence is committed on these persons so named; and if it left out that they were church-wardens, the indictment would not have been bad; is it necessary that I should set forth how I came by my estate? Sufficient it is that the law vests the estate in me; therefore we shall offer

an act of parliament in evidence to substantiate the propriety of these people standing forth as owners of this property; we need not have stated the word church-wardens; but it is necessary for us to shew your Lordship that this estate is by act of law vested in those whom we describe as the parties interested in this indictment.

Court. It is unnecessary as I have formed a clear opinion on one objection: If the act of parliament had stood single upon the first clause, which vests the property in the church-wardens for the time being, the indictment would have been clearly right; it is manifestly that which induced the mistake of the person that drew the indictment; it does all that is necessary under that clause, the act of parliament vests the property in the church-wardens of the parish of Enfield for the time being, and this indictment describes it to be the property of certain persons by name, stating them also to be the church-wardens for the time being: but the other clause puts entirely an end to this question; and I conceive wherever any description of men are incorporated, and have a corporate capacity, their natural capacity as to that is totally extinct; the law knows no such thing as Nathaniel Newnham , Esq; and certain others, but the Mayor, Aldermen and Commonalty only; and with respect to all other lesser corporations in the kingdom, the moment they are created a corporation, as to every thing that relates to that corporation, their natural capacity is at an end: It has been said on the one hand, the indictment would have been good if it had not named them to be the church-wardens, it would have been good on the other hand, if they had omitted the names; it is said on this point, that the inserting the names should be considered as surplusage; reject the names they say, and the indictment will stand good; if you strike out the names to the words,

"then being," and make it "churchwardens of the said parish of Enfield," still it is not the description.

Mr. Silvester. It is so in the second count.

Court. The second count describes it technically the parish church of Enfield; but it is a description of the persons, and the property is laid to be in the persons; if an action was brought in the name of these people, they would be nonsuited, much more so in a criminal prosecution; the reason of a corporation suing and being sued is, that they have their property in that name, but it is impossible for a corporation to sue or be sued in their individual names; they have no individual capacity at all, it is extinct.

Court to Jury. The prisoners must be acquitted upon this indictment.

BOTH NOT GUILTY .

Reference Number: t17830226-41

200. BENJAMIN HARBUTT was indicted for feloniously stealing, on the 6th day of February instant, one japan tea urn, value 4 s. the goods of Joseph East .

JOSEPH EAST sworn.

I keep a broker's shop , I lost an urn, but I cannot say the day of the month, I saw it that morning in my shop.

SAMUEL BERKHAM sworn.

On the 6th of February instant, between five and six I observed a croud, and the next witness was with me, and all of a sudden he struck me over the arm, and said, that man, meaning the prisoner, has robbed East, and when I came up to the prisoner he had this tea urn under his left arm under his coat, the prisoner walked very swift.

Prisoner. Was there nobody near Mr. East's shop, when you saw me pass the other side of the way? - I did not see you take it, I only saw you walk swiftly away.

SAMUEL HESSE sworn.

I saw the prisoner watching Mr. East's shop, and I saw him take the tea urn which

lay on a table in the shop, and lay it swiftly under his arm, he set his foot within the door, and took it out and walked across the way; I beckoned to my partner and told him, I pursued the prisoner, and collared him, and brought him to Mr. East and he was committed: he said the urn was his own.

Prisoner. Was not it dark? - No, it was perfect day-light

(The urn deposed to.)

PRISONER's DEFENCE.

I am quite innocent. I have a house in Rose-lane, Spital-fields, I was going with a man that took two rooms of me, and the man bid me take care of the urn, because he had a glass; I thought he had purchased them, as I left him in the shop when I went past; the man is now in Newgate; I said, when I was stopped, it was not mine, the man was committed for the tea urn, and he has been to some of Mr. Staples's runners and given them a guinea, and now he has no indictment against him, and it is all thrown upon me; I had six witnesses here two days, but they could not stay any longer; I am a scourer , I scour the inside of coach linings, I scour my Lord Mayor's coaches.

GUILTY .

To be publicly whipped for 100 yards in Red Lyon Street, and discharged .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-42

201. JOHN GREW was indicted for feloniously stealing on the 15th of February instant, one large copper, value 7 s. the goods of John Thorne .

JOHN THORNE sworn.

On the 15th instant I lost a copper from the wash-house, I live in Whitechapel .

JOHN LOVE sworn.

I am a neighbour to the last witness, I know the prisoner; on the 15th of February, between seven and eight I was coming home and I met a man who informed me Mr. Thorne had lost his copper, and the man and me pursued and overtook the prisoner who had the copper on his head, but just before we came to him, he threw the copper off his head, and made a kind of a run and tumbled down.

( The copper produced and deposed to.)

PRISONER's DEFENCE.

I had been to look after my father at Whitechapel, and coming back I met with a young man with that copper that I knew and he said, ah! Jack Grew , how do you do; I said, Dick, where you going to carry that copper, he said, a little way, and I wish you would give me spell, says I, cannot you carry it yourself, you are big enough; I took it of him with much persuasion, and he made believe to stop to make water, and I went on and they stopped me.

Court. Who was the lad that desired you to carry the copper? - He went by the name of Dick Rice .

GUILTY .

To be twice publicly whipped in Whitechapel-road near the London Hospital within a week and discharged .

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

Reference Number: t17830226-43

202. WILLIAM DUBOIS and MARY BROWN were indicted for feloniously stealing on the 31st of January last, five pint pewter pots, value 4 s. the goods of Robert Hullah .

ROBERT HULLAH sworn.

I keep the York Minster, St. Ann's-street,

Marybone ; on the 31st of January, I was sent for to the office, and there were my pots which I know by my name being on them; I should have very near eleven dozen, and now I have a very hard matter to muster seven dozen; but the day they went, I cannot positively say, I am losing them at such a rate, it is a hard matter for me to buy them fast enough, and pay for them.

EDWARD FIELDER sworn.

I went down after the prisoner Brown, into the prisoner Dubois's cellar, and there was about two dozen pots, with different marks; these pots are part of them.

JAMES SHUTTLEWORTH sworn.

The last day of January, I saw the woman prisoner, by Wardour-street, with a handle of a quart pot hanging out, and I thought she had some more on the other side; she went into a house that was uninhabited, and sat down, and hid it, and then I saw her go to this cellar.

WALTER WHEELER sworn.

I was informed there were some pot stealers in Wardour-street, and I went up, and I found the man prisoner concealed in the gutter, on the roof, he said he was going to the vault, and he heard a noise; he came down with me, the constable was waiting on the landing place going down; I said here is a place, and we went into the vault which is under the street, and I kicked over this pail; none of the pots were on the woman, nor near her; she was coming up when I went down; several people came and fetched their pots away.

PRISONER BROWN's DEFENCE.

I was going by, and I saw some pattens at this man's cellar, to sell, I asked him the price, and they stopped me, and beat me, and ill used me, I have never been well since. I never stole any of the pots, and how they came there I cannot tell, I have three children, the gentlewoman that I work for was here all day yesterday, and the day before, I have washed and ironed there this four years: she lives in Castle-street.

Court to Jury. Gentlemen, as to the prisoner Dubois, there does not seem to me any evidence under the circumstances of this case to affect him with the fact of stealing; the pots are found in his cellar, and though in general where things are stolen; and they are found in a man's possession, if he gives no account of them, it is presumed that he stole them, yet where there appears to be another hand, as in this case, it takes off that presumption; his offence is that of receiving.

N. B. He was afterwards tried for receiving goods, knowing them to be stolen, and found guilty. (See the last trial of this sessions.)

WM. DUBOIS, NOT GUILTY .

MARY BROWN , GUILTY .

To be fined 1 s. and imprisoned six months in the house of correction .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-44

203. THOMAS FROST was indicted for that he, on the 11th of February instant, at the hour of four in the night, twenty shrubs called mazerions, value 5 s. and seven other shrubs called standard moss roses, value 6 s. then and there standing, and being in a certain nursery ground belonging to John Lewthorp , feloniously did pluck up, break, steal and carry away, against the form of the statute .

JOHN LEWTHORP sworn.

I have a nursery ground at Kingsland , seven acres in all: on the 12th of this month, my man told me there was the print of a man's foot, with nails in his shoes, all over my ground; I went to look

at it, and after that we went to examine if any thing was missing, and we missed about a dozen and an half of moss roses, about seven of them were standards.

Court. What do you sell them at? - The common price of standard moss roses is 1 s. a plant; we also missed between two and three dozen of mazerions out of the nursery.

Court. What is the value of them? - The value of them is three pence a plant, that is the usual price.

Court. When did you yourself see these things? - I saw them the day before.

What time of the day? - The afternoon.

When you missed these mazerions and moss rose plants, did you observe whether the ground was fresh pulled up? - They plainly appeared to be pulled up by the roots, there had been rain in the fore part of the night, so that it might be seen that they had been tore up, and likewise the print of the shoe; I had seen them in the afternoon, and almost till dark, I was from time to time in this garden.

Court. There was nothing missing over night? - No.

Do you believe if these plants, and shrubs had been gone in the afternoon, that you must have had notice of it? - Certainly my Lord.

What time of the day was it that your man told you of the print of the shoe? - As soon as it was light, about seven in the morning; after I missed these plants I rather suspected it must be somebody that had worked for me, and knew my ground; and the prisoner having worked for me twice, and hearing he had sold some plants in the neighbourhood to one Ross, I had him apprehended the same morning, I found at Mr. Ross's two dozen mazerions and half a dozen standard roses; when the prisoner was apprehended he had not the same shoes on, but he had shoes at home with nails in, which were the same print as was in the ground, my servant has the measure of them, I can swear the plants are my property.

JOHN ROSS , sworn.

I live at Newington, about a mile from the prosecutor; I am a nursery-man, I know the prisoner, I bought of him on the 12th of this month, about eight in the morning, two dozen of mazerions, and half a dozen standard moss roses, I gave him half a crown and a plant of sweet brier that I valued at 6 d. in return for them two or three hours after the prosecutor came to me and I told him; I have known the prisoner between three and four months, he told me he had got a little spot of ground of his brother's, and his brother was dead.

Court. Had not you a pretty good bargain in these things? - If they had been properly taken up, they might have been a good bargain.

Court. What would they have been worth then? - Ten or a dozen shillings I believe at least, but they were toin and sadly used.

How did these plants appear to you to have been taken up? - I could not tell, they appeared by the roots to have been pulled up.

If these plants had been yours, and you had properly taken them up, should you have dug them up or dragged them up? - I should certainly have dug them up, and very carefully too.

What did you think of this matter when you saw these shrubs appeared to be pulled up by the roots? - I had no good idea of it, but I had bought things of the man in the open market before, which took off the suspicion off their being stolen: - I told the Justice I could buy the mazerions for 2 d. a plant out of the nursery, and that the moss roses were worth 1 s. a plant, if they had been taken up properly.

JOHN BINGLEY sworn.

I am an officer, I took the prisoner at

home on the 12th, about eight in the evening in bed; he lived in a court in Kingstand-road, I took him to the cage that night, we could not carry him before the Justice the next day, because Ross who bought them was not to be found, but on the 14th the prisoner was committed; Ross was doing a large garden at Newington and did not come home that night, being bad weather.

PRISONER's DEFENCE.

I have witnesses that the gentleman gave me liberty of the garden as soon as my brother was deceased.

GEORGE MULLINER sworn.

I know the prisoner, he has lived two years in Mile End the 17th of next March, and I gave him liberty of a piece of ground that I let to his brother, who died in August, to take what he liked out, and there were all sorts of nursery trees, and all sorts of shrubs.

Court. How large is your piece of ground? - Half as large as this hall.

Do you yourself understand shrubs and plants? - No, Sir.

Do you know whether there were any mazerions there? - Yes, there were a good many of them in the garden, as gardeners have told me.

- You yourself do not know a mazerion from another plant? - No, my Lord, I do not.

Nor a standard moss rose? - No, only as gardeners have told me. I have several other gardens that I let; the rent of this was 30 s. a year.

EDWARD GALLIARD sworn.

I know the piece of garden ground that the prisoner had, it is about seven roods, the prisoner applied to me to buy the roots that were in the ground of the sister; the widow; I did not buy any of them, I never was in the ground as I recollect since; there was a quantity of rose trees and some of these mazerion plants in the ground, this application was some time in the summer, soon after the brother died, he was brother-in-law, he married the prisoner's sister, his name was Thomas Durden , he was the prosecutor's nursery-man, and he took a delight in planting these sort of things: with regard to Mr. Ross, he declared before the Justice, that he could buy the magerions for three half pence a root, and the moss roses he said he could buy at 9 s. a hundred at a fair market, and offered to produce the person who would sell them.

Court. You understand gardening yourself? - I keep a kitchen garden, I told the Justice I did not understand standard moss roses; here are some of the mazerions and standard moss roses to produce.

Prosecutor. My Lord, I have another witness that was not called.

Court. I called all that were on the indictment, you should have mentioned it before, I will not call any more now.

SARAH DURDEN sworn.

I am the prisoner's sister; when my husband died there were many things in the garden, they were valued at 3 l. and it was not in my power to pay the rent, and the landlord stopped the things for the rent, and he thought to have made the money of the goods in the garden, and he could not; so I heard him give my brother liberty to take what he would.

Court to Jury. Gentlemen, this is an indictment founded on an act of parliament made in the 6th year of his present Majesty, before which time this offence was not felony, unless the shrubs or plants were annexed to the freehold; but by this act, if any person shall in the night time (that is an essential requisite) pluck up or take away out of any garden or nursery ground any plants or shrubs of the value of 5 s. it is a felony.

NOT GUILTY .

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

Reference Number: t17830226-45

204. WILLIAM BLATHERHORN was indicted for feloniously stealing on the 13th of February instant, six yards of printed cotton, value 12 s. five yards of other printed cotton, value 14 s. twelve cotton handkerchiefs, value 24 s. the goods of William Warburton .

WILLIAM WARBURTON sworn.

I live in Norton Falgate , I am a linen-draper , I lost the things mentioned in the indictment, on the 13th of this month, between twelve and one; I and my shop-man were in the back shop, there is a partition between the two shops, and there is a piece of goods which hangs on one side of the door, which prevented the prisoner from seeing us; there was nobody in the fore shop, I was busy, but my man was not, the things that the prisoner took were hanging on a rail within the shop, on one side the door, I saw my shopman run out of the back shop, and to the best of my knowledge I heard him say, what are you going to do with them, I ran out, and my man had hold of the prisoner's arm, and the things were thrown on the threshold, which was about a yard off the rail, I seized the prisoner, he swore bitterly, and endeavoured to extricate himself, I sent for a constable and took him before a magistrate.

Court. Was it possible for the prisoner coming into the shop to have bought a handkerchief, to have swept these things off with his arm? - No.

JAMES RAWLINSON sworn.

I am shopman to the prosecutor, I was standing in the back shop, and I saw the things mentioned in the indictment move, and I saw somebody's hand take them off the rail, I ran immediately out, and the prisoner seeing me flung them down, he had got them in his hands.

Court. You are sure the prisoner had them in his hands? - Yes, my Lord, I asked him what what he was going to do with them, he made some excuse that he wanted to buy something, then my master came, and I was sent for a constable, I am sure the prisoner at the bar took them off the rail, I saw them in his hands, I saw him fling them down, I saw his hands heave them off.

(The things deposed to.)

PRISONER's DEFENCE.

When I came into the shop, these things hung into the door, which any body that went in would not see on a rail; I laid hold on some handkerchiefs, and the lad asked me what I wanted, I said I wanted to buy a handkerchief, he said I wanted to steal one, I said you think so, charge a constable with me; I have no witnesses, I did not think my trial would have come on.

Court. Is what he says true? - No, not a word of it.

GUILTY .

Transported for seven years .

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

Reference Number: t17830226-46

205. MARY KENDALL was indicted for feloniously stealing on the 24th of February instant, one black stuff petticoat, value 5 s. the goods of Ralph Steel .

SAMUEL ROGERS sworn.

The prisoner at the bar came with another person to look at some black stuff petticoats in the shop of Mr. Ralph Steel , on Monday last, I shewed them several, and the other bought one, and paid for it, I suspected the prisoner, and they went to the door, and they hesitated at the door, whether they should keep the coat the other had bought, or change it for a green one; however the prisoner at the bar said, our time is short, let us be going, I went after her, and brought her back, and in presence of the other two customers that were in the shop, she dropped it down from under her cloak.

Court. What did she drop from under her cloak? - This petticoat, a black stuff petticoat I saw drop from her.

What sort of one was it that the other woman bought? - A black stuff petticoat.

Had they two, or only one between them? - The lady had the other.

How do you know that is not the other petticoat that the other woman bought and paid for? - The other was a larger one, a great deal, and it was wrapped up in paper at the time we took them both before the justice; then the prisoner was apprehended.

HANNAH DAVIS sworn.

I went into the shop, the prisoner and the other woman was there before me; the gentleman asked me to sit down till he served them first, so I did: The gentleman served them, and he went after the prisoner; I did not see the prisoner take it, he brought the prisoner back again, and I saw it drop down.

Where did it drop from? - From the prisoner, from under her cloak.

Court to Rogers. Do you know you had such a petticoat as that before; can you swear it was Mr. Steel's? - Yes, my Lord, I am positive it is.

PRISONER's DEFENCE.

I never took the petticoat, nor he could not swear at the Justices that I took it, I have no witnesses, the other woman is gone, I have people to my character sufficient: there were many petticoats on the counter.

Court. Was that petticoat on the counter, at the time when she came in? - Yes, the prisoner said at the Justices, that that was the first offence she ever committed.

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

GUILTY .

To be fined 1 s. and confined to hard labour six months in the house of correction .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-47

206. WILLIAM FIGES was indicted for feloniously stealing on the 17th of January last, twenty yards of brown linen, value 10 s. the goods of David Patten .

DAVID PATTEN sworn.

I keep a linen draper's and haberdasher's shop , in St. John-street, Oxford-street , on January the 17th, between five and six in the evening, I heard a noise at the door, I heard a gentleman say to somebody at the street door, what is that you have got, I immediately ran out, supposing it to be something belonging to me; the gentleman at the street door confusedly said, that man running across the street has robbed your shop, I saw a man running across the street, I called out Stop thief! I pursued him and took him.

Court. Did you lose sight of the prisoner before you took him? - I did my Lord, one instant, for I suppose half a minute turning the corner in the coach way, among a stand of coaches.

Was he running then? - Yes, a man that stood by one of the horses heads, whether the coachman, or a man that waters the horses, I cannot say, told me, that was the man I was pursuing; he had got upon the box of a coach, I told him to come down, he told me he would not; I immediately jumped up and pulled him down, and delivered him to the constable.

Court. Did you find any thing upon him? - No, my Lord.

When you called to him to come down, did you mention any thing that you had to charge him with? - I do not recollect that circumstance.

Was it light? - No.

Can you take upon you to swear, that the man that you took from the coach box, was the same that you was pursuing before?

- I could swear that, but I do not chuse it.

Court. Say whether you can or cannot, I do not want you to swear it, I only ask you if you have that certain knowledge in your own mind that it was the same man? No, my Lord, I cannot swear that.

Have you the coachman here, or the man that stood at the head of the horses that told you, that the man you was pursuing, was on the coach box? - No, my Lord.

JOHN JAMES sworn.

On the 17th of January last, I was coming down Portland-street into John-street, between five and six, where the prosecutor lives, I observed a boy peeping through the shop window, which induced me to turn back to see whether any thing was going on that was criminal; in the passage I saw a man peeping in at the door of the shop, which is in the passage, and stooping down, leaning his hand on a piece of linen that was in the passage, and with his left hand pulled out a piece of linen which is here, the prisoner turned round to the right, I am sure it was the prisoner.

Court. Had you ever seen him before Mr. James? - No, my Lord.

Was there any thing of a light in this passage? - There was a light in the further end that came from the shop door which had a glazed window.

How far distant might you be from the prisoner when you stood at the passage door? - About three yards; I immediately seized him, and asked him what he was going to do with that linen, he had the linen in his left hand, and was coming out of the passage door, I seized him, and he dropped the linen, I could not make the gentleman of the house to hear; the prisoner had both his hands at liberty, and with his right hand he struck me a blow on the head, and got away instantly; I saw him again not many minutes after, he was brought back to Mr. Patten's house.

Did you know him to be the same person that you saw in the house? - Yes.

Suppose he had not been taken and brought back to Patten's house, was the view that you had had of him in the passage sufficient to enable you to know him again? - I really think it was, I am sure I should have known him again, particularly as he has but one eye, which I took very particular notice of; I had him in my left hand a considerable time, and kept looking at him all the time.

PRISONER's DEFENCE.

The master that I work for was to be here to appear for my character.

Prosecutor. I will do the prisoner that justice with your lordship's leave, the master related to me what he had to say, if that will be of any service to him; his master called on me yesterday morning.

Court. We cannot do that on account of the precedent.

GUILTY .

To be publicly whipped and confined to hard labour twelve months in the house of correction .

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

Reference Number: t17830226-48

207. THOMAS MILES was indicted for feloniously stealing on the 7th of February instant, seven yards and an half of broad cloth, value 6 l. the goods of William Capel .

JOHN PEACH sworn.

I only know that I was to receive a quantity of cloth, containing seven yards and an half out of Glocestershire, and that I did not receive it, and I had a message from a pawnbroker that such a quantity of cloth was in his custody.

RICHARD MURTHWAITE sworn.

I am a pawnbroker in Oxford-street; the prisoner at the bar brought this piece of cloth to me to pledge; from his appearance and that of the goods, I supposed he had stole it; I sent for a constable and took him into custody, I saw the constable take out of his pocket a direction to Mr. Peach in the Strand; the prisoner said the cloth was given him by one Sevington in Fleet-market.

Court to Peach. Whose hand writing is that direction? - It is the hand writing of Mr. Capel, a clothier in Glocestershire, who was my correspondent, it was to come up by the waggon, this is but half the quantity.

Did you ever receive any cloth corresponding to what you expected? - No, I did not, I had a letter from Mr. Capel informing me, that he had sent it on such a day, and I expected it at that time.

Court. Then how do you know that that is the same cloth that Mr. Capel sent? Here is a servant of Mr. Capel's that can swear to it.

WILLIAM LEWIS sworn.

I am a porter to Mr. Niblet's waggon, I saw the truss of cloth directed to Mr. Peach, with this direction that has been shewn now, and I am sure it is the same; it was upon the cloth when the waggon was unloaded at Blackwell Hall, and I saw it at the Old Change, and the prisoner unloaded the waggon for the waggoner, he rode in the waggon, and as it was a wet day, I told him to cover the truss with straw, which he did; I went to get my dinner, and when I came to clear out the waggon, the truss was gone, the carman said, the prisoner got out in Newgate-street.

PRISONER's DEFENCE.

I never was in no waggon, I came out of Wiltshire; you cannot think I am a thief, I am a countryman, I have no friend or foe, I have no friend nor acquaintance in London, I met with a man in Fleet Market, with this cloth in a bundle; he asked me to go to pawn this cloth, he said he would give me a shilling, I had lodged my coat the night before for 1 s. 6 d. and I said I had lodged my coat the night before, and I carried it to the same pawnbroker's, I was to meet the man at the Harrow in Fleet Market, with a guinea, they would not let me go to see for the man.

JAMES SCOTT sworn.

I am a servant to Mr. Capel, this cloth was sent by Niblet's waggon, I swear it was my master's property, I was employed in dressing the cloth; sometimes, my Lord, we put it by in a little quantity; but I put the quantity of yards here in a figure of seven, I measured it myself.

Court to Lewis. You said the prisoner at the bar was employed in unloading this waggon? - Yes, Sir, he was, he came to me at Blackwell hall , and said I am to unload this waggon for Abraham; I am sure this is the man.

GUILTY .

To be publickly whipped 100 yards near the place where he stole the cloth, and then discharged .

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

Reference Number: t17830226-49

208. DANIEL BAILEY was indicted for feloniously stealing on 4th of Feb . instant, a green silk gown, value 20 s. two linen shifts, value 4 s. one checque apron value 2 s. one yard of purple and white cotton, value 18 d. and one linen handkerchief, value 12 d. the goods of Mary Lee , spinster .

MARY LEE sworn.

I live at the Roebuck, in the New-road, St. George's , I have been a servant there ten years next September; on the first of this month I missed a shift out of my box, the key of my door was in my pocket, and the door locked, my box was not locked, there was no door broke open, I am sure my shift was left in that box, I often go in and out with my beer, and fetch in my pots.

Was any body in the room? - Nobody but the servant girl, it must be by a false key; on Sunday night when I went to bed, I looked for this shift, and on Tuesday night between nine and ten I missed the gown, and another shift, a new silk handkerchief, a silk and cotton handkerchief, a red and white pocket handkerchief, and a yard of cotton, the same as this gown I have on, and a green silk gown, they were all taken out of one box; I saw the prisoner come in after dinner, and I went up directly and locked my room door, the prisoner went up stairs; he said he was going to clean his clothes, he is a soldier, he had been quartered at our house about four months; I never saw any of my things after Sunday night.

On the Tuesday night was your box broke open? - No, Sir, the box was not locked, on the Tuesday night Mr. Trantum came down, and asked if the soldier was gone to bed, I went up stairs and said he was, he said he should be glad to speak with him in the tap room, he went in the tap room, and was talking with my master, and I heard him mention the green silk gown, and a yard of cotton and a silk handkerchief, I then said, that is the way my shift is gone; then my master went up stairs, and broke open the door, and found him in bed in his clothes, and they took him to the watch-house; I found some of my things at Mr. Pinchbeck's, and Mr. Machin's, and some he gave away.

JOHN JONES sworn.

On Tuesday evening Trantum came to my house, and asked if the soldier was gone to bed, the girl said, she would go up and see, then he told me what had happened, and in consequence of that I went up, and found him in bed in his clothes, he seemed to be drowsy, we searched him, and found two duplicates and this knife in his pockets; the duplicates have been in my servant's custody ever since, we took him to the watch-house, and the next day he was examined, and the day after he was fully committed.

Court to Mary Lee . These are the duplicates that you received? - I have kept them ever since.

(The duplicates read.)

No. 27. 8th of January 1783, Howe 1 s. 4th of February 1783, 3 s. 0 d. 1/2 left apron Daniel Bayley .

EDWARD MACHIN sworn.

I am a pawnbroker in Manner-row, near East Smithfield, one of these duplicates is mine, that of the 4th of February, I believe the prisoner is the man, I cannot swear to him, but he looks much like the man.

What name were the things pawned in? Daniel Bailey .

What things were brought then? - One shift and one coloured apron.

(The things produced and deposed to.)

ANN PINCHBECK sworn.

I am a pawnbroker in East Smithfield, this is my ticket for a gown which was pledged by one Mrs. Trantum.

(The gown deposed to.)

SARAH TRANTUM sworn.

The prisoner brought the gown to me the day before, and asked me to pawn it for him, I did so, and I borrowed five shillings on it, and gave him four shillings, I returned the other shilling back to Mrs. Pinchbeck, I owed her a shilling; and afterwards my husband told me he suspected that Daniel had stole the things.

How soon after did you pay back the other shilling? - The next morning as soon as I had finished my work.

Did you pay back the other shilling, before it was known the gown had been stolen? - No, my Lord.

PRISONER's DEFENCE.

I know nothing at all of it, I have no witnesses.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-50

209. CHARLES THOMAS was indicted for feloniously stealing, on the 8th of February instant, one wooden tub, value 1 d. and 12 lb. weight of salt butter, value 5 s. the goods of John Thomas .

JOHN THOMAS sworn.

I live in Clement's-lane , my wife keeps a chandler's shop, I deal in salt butter ; I think it was on the 8th instant, I lost part of a tub of butter, I think the value at the least was five shillings; I was in the back room, and I heard the door bell ring, and my little boy who was in the shop, said a man had come into the shop and taken a tub of butter, and I ran into Carey-street, and saw the prisoner with the tub of butter under his arm, I took hold both of the tub and the prisoner; at that instant, Mr. Armstrong, and his man came up, and the prisoner ran away; and Mr. Armstrong's man pursued and took him.

Court. Was there any particular mark on this tub, that you can distingush it by as your own? - I should not have known the tub, only by a knife that was sticking

in the butter, which I have in my pocket which is my knife.

(The knife produced.)

GEORGE FOSTER sworn.

I am assistant to Mr. Armstrong, the last witness cried out stop thief! Mr. Armstrong and I had been arresting a gentleman for about 200 l. and we were coming home with the gentleman; the prosecutor cried stop thief! and I went after him, and took him, he was not out of sight, nor above thirty yards off; when I brought him back, he had got the butter under his arm, and the knife stuck in it, I am sure it is the prisoner; I believe the prisoner's friends gave the prosecutor some money to make it up.

Court. I hope you have got nothing for it? - No, my Lord.

PRISONER's DEFENCE.

I was coming home last Saturday night was fortnight, and it began to rain, and I ran very fast, and that gentleman knocked me down, and said, you have got a tub of butter, I said I had not; and they took me before a Justice, and I was committed; and the prosecutor came and asked me if I had any friends, I said yes; and he said, if I could get any thing from them, I would settle the affair; and he went to them, and got half a guinea, and signed a note, here is a receipt for ten shillings.

Prosecutor. I know nothing of the law, and two men came to me, and took me to a publick house, and said I could bail the prisoner if I pleased; I said, I had no objection if the Justice pleased; I was over persuaded, but did not know any thing of the affair.

Court to Jury. Suppose this amounts to compounding of felony, and to be a crime in the prosecutor, that is nothing at all to the crime committed by the prisoner; and with respect to George Foster , there is no infinuation, that any thing had been offered to him, or accepted by him.

GUILTY .

Transported for seven years .

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

Reference Number: t17830226-51

210. MARY WILLS was indicted for feloniously stealing, on the 19th of February instant, two pewter quart pots, value 2 s. the goods of David Petrie .

DAVID PETRIE sworn.

I live in Tash-street, Gray's Inn Lane , I lost two pewter pots, on the 19th of this month, the prisoner came into my house and called for three penny worth of purl, to carry to a customer of mine, whose name is Wilton, she carried the first, and she came back for the second three penny worth, and took both the pots with her, I never saw her after; I had seen her several times at my house, I could not find where she lived, but Mr. Witton found her a few hours after in custody with some other pots.

WILLIAM CATCHPOLE sworn.

I searched a house in Fleet-lane, where I found these pots, with nine others concealed, and twenty-two pounds weight of metal melted, that appeared to me to have been pots, the prisoner confessed that she had sold pots at that house, she did not say how many.

Was there any thing to induce her to confess? - I did not hear it, if there was it was before I came there, they were found in a part of the house, over a corner cupboard, there were three pieces of board, which apparently were nailed up, I got up into the chair, and I put my hand on one of the boards, and I found it would take out, and put in, and there I found the pots, and the metal I mentioned.

PRISONER's DEFENCE.

It was poverty and distress, I had not a bit of bread to eat, and they promised me to forgive me.

(See No. 189.) GUILTY .

To be privately whipped and confined to hard labour twelve months in the house of correction .

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

Reference Number: t17830226-52

212. JOHN CALDER was indicted for feloniously stealing several pieces of timber , the property of Thomas Mutter .

THOMAS MUTTER sworn.

About January last, I had a suspicion of the prisoner, and in his lodging I saw several timbers, but none that I could swear to, but in the cellar I found two pieces which I can positively swear to; the prisoner worked very well, and I had a good opinion of him down to the time of the robbery, so good an opinion that I should not have believed any of the men.

JOHN HUST sworn.

I know the two pieces of timber.

THOMAS TURPIN sworn.

I know the two pieces of timber, they were found in the prisoner's lodging.

PRISONER.

I leave my defence to my Council.

The prisoner called five witnesses who gave him a good character, and two of them said he had a good deal of timber by him when he left business, and chests full of old hinges, and locks, and shutters, and stoves and such things.

GUILTY .

To be fined 1 s. and confined to hard labour six months in the house of correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-53

211. WILLIAM LACY and THOMAS BRYAN were indicted for feloniously stealing, on the 11th of February instant, five linen shirts, value 20 s. nine linen stocks, value 9 s. one linen handkerchief, value 1 s. one pair of muslin ruffles, value 2 s. two cotton night caps, value 1 s. two linen night caps, value 1 s. one silk hat-band, value 2 d. one cloth waistcoat, value, 5 s. one pair of black velveret breeches, value 1 s. one thickset frock and waistcoat, value 15 s. one white dimity waistcoat, value 5 s. and one hair trunk, value 10 s. the goods of Alexander Fairer , in the dwelling house of Elizabeth Turner .

ALEXANDER FAIRER sworn.

I live at No. 14, Adam and Eve Court , at Mrs. Elizabeth Turner 's house, I lost my trunk on the 11th of this month, the trunk contained the things mentioned in the indictment; I saw it that day about six, and it was gone at seven; I went out and left Elizabeth Turner in the house, and a boy ten years of age, his name is William Clayton ; I came home after seven, Mrs. Turner and the boy were both in the house, and the things were gone, I found my things by advertisement.

(The things deposed so.)

HENRY SAMUEL , sworn.

On the 12th of this month, I set at home at dinner, and the prisoner Lacy came jumping into my house, he had a brown coat on then, he looked about him, says he, I believe I am right, I came about some linen, you said you would call on me this evening, says I, you are mistaken, he said I will come again, he went out, and I

sent my servant maid out after him, to see which way he was gone, I did not like the looks of him: she said he was gone up Whitechapel; about two minutes after he and the other prisoner Bryan, came in with the bag, says I, what is in that bag, he said it was linen; so I said, let us see it, he began to pull out; I was frightened out of my wits, I never saw nor heard of such things; says Lacy, if you buy them, you may have the bag full every morning; says I, it is the wrong house, says I, what do you ask for them, he said two guineas and a half, I sent out a boy to get me a constable, my next door neighbour was not at home, I sent for another; when they found what I was upon, this Lacy tried to run away, I ran after him, and dragged him in, and kept him; they fetched Lyons the officer, he examined him, and found a handkerchief and knife; Mr. Wilmot desired me to pay the money for the advertisement, which I did, and this gentleman came and swore to the goods.

PRISONER LACY's DEFENCE.

About ten on Wednesday, this lad came to me, he had just done his work, he said he had seen such a thing; I came out and went where this parcel was laying, hid in a bag, and we went to some Jew, to know where we could sell it, and he told us of one Manuel in Petticoat-lane, and they recommended us to this Samuel, and he stopped us, and brought us to a magistrate.

PRISONER BRYAN's DEFENCE.

I saw the bag lay at the corner of Sheppard-street, in the old house that was burned down, and we asked a Jew what to do with it, and he recommended us to one Manuel; we have no witnesses.

ELIZABETH LACY sworn.

I have no further to say than that my son was at home and at work, I am a lace maker, a Buckinghamshire, woman; a young lad came and called him out about ten o'clock.

What day are you speaking of? - On the Wednesday morning as night as I can say, he went away directly, I never saw no more of him till the Saturday morning, he sent me word he was at Clerkenwell.

BOTH GUILTY Of stealing to the value of 39 s.

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-54

213. WILLIAM MEREDITH was indicted for feloniously stealing on the 18th of January last, a man's hat, value 3 s. the goods of Thomas Lee .

THOMAS LEE sworn.

I am a hatter , on the 18th of January, about half after eight in the eyening, a man came into my shop to purchase a hat, he asked to see a hat of 5 s. then one siner, and so up as high as 14 s. I turned my back upon him every time I shewed him these goods, and the last goods I took down to shew him, he took a hat out of the window, and opened the shop door and went out, he bought nothing. I missed the hat immediately and followed him out; I returned again, having nobody in the shop, and fearing left he should have an accomplice, and the prisoner got clear off; I found the hat at Mr. Wood's in Old-street, the man that was in the shop gave the hat to another that was in the passage; this is not the man that was in the shop.

(The hat deposed to.)

Court. Was there any other man in the passage at the time or not? - My shop having many candles in it, and the passage

dark, I could not distinguish whether there was or not.

PRISONER's DEFENCE.

I was going to my mother's, a man met with me, and asked me to buy a hat, he asked 3 s. I bid him half a crown, I gave him 3 s. and I was going to receive my wages, and I went immediately and pawned it for 2 s.

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

Court to Jury. Gentlemen of the Jury, the prisoner is indicted for stealing a hat; the evidence against him is rather that of receiving it from somebody who did steal it, than stealing it himself; for unless you can go the length of inferring, that he was the person in the passage who took the hat immediately from the man in the shop, it is impossible to convict him of stealing it: It would be going a great deal too far to guess that he was the man in the passage, and we can do no more.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-55

214. THOMAS HUGHES was indicted for feloniously stealing and leading away, on the 25th of January last, one gelding of the price of 6 l. the goods of John Belch .

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

JOHN BELCH sworn.

On the 25th of January in the morning between six and seven, my horse and cart was driven away out of Lime-street , with a hamper of geese, being sixteen in number, I was at Leadenhall market selling my geese, my man came and told me of it, I sent my son after it, my son is not here, he is in the country.

JOHN WEEDON sworn.

I know nothing, but I am a servant to the last witness, I brought the horse and cart to market with the goods, some was carried up, and some was left in Lime-street, I do not know what became of them afterwards.

CHRISTOPHER HORN sworn.

I was coming to London, on Saturday morning, a little before eight, and by Jewry-street I saw the prisoner, I was coming to town with my master's cart and horse, and the prisoner was coming along, he was walking along with Mr. Belch's cart and horse.

Court. Did you know Mr. Belch's cart and horse? - Yes, he was on the wrong side of the way, and he gave the rein a bit of a touch, to let me come on the right side of the way.

Court. What is Mr. Belch a neighbour of yours? - He is of the same business, I have no doubt of the horse and cart, I saw no more of him.

PRISONER.

If he did see me with it, why did not he stop me with it? - They lend it to retail poulterers some times, to carry home goods in, I thought that might be the case.

HENRY REEVE sworn.

I was going to my work, and I saw a man standing by a flat, at a place called Hand Alley, Gravel Lane, in about twelve yards, I saw the prisoner put an apron, with some geese in it, and one dropped out, it was another man that stood by the flat, and the prisoner was within twelve yards; I went past to see if I could get any help to attack them both.

Court. What made you think of attacking them both? - I am constable there, I thought it was not a proper place, as there

is no poulterer near, I came back again, I looked in the hamper, there was nothing but straw, then they were both gone; I met the prisoner, I took him and shewed him the flat, I suspected they were stolen, I took him and the flat to the compter; my Lord Mayor said it should be advertised on the Monday: I left word at some of the poulterers, and Mr. Belch heard of it.

(Mr. Belch deposes to the flat having I. B. on it.)

Court. Why if that is visible it need not have been advertised? - There is I. B. on it, there were sixteen fat geese in it, my son brought me my cart and horse, he found it in Gravel-lane, Houndsditch.

PRISONER's DEFENCE.

My Lord, I was at an acquaintance's house from seven to eight, I was coming down Half-moon-alley, and one of these gentlemen met me and stopped me, he said I had ducks, I had a brown coat and a brown apron on.

Court to Horne. Which way was you coming to town? - Up towards Leaden-hall-market from Mile-end, I saw him by Jewry-street.

Is that the way from Lime-street to Gravel-lane? - Yes.

Jury. When you met the cart, was that flat in the cart? - Yes.

GUILTY , ( Death .)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-56

215. JOHN ROBINSON was indicted for feloniously stealing on the 13th of February instant, one wicker basket, value 1 s. and ten quartern loaves of wheaten bread, value 6 s. and three three-penny loaves of wheaten bread value 9 d. the goods of Nicholas Browning .

EDWARD HAWKINS sworn.

On the 13th of this month as I was serving my customers, I pitched my basket in Watling-street, the corner of Crown-court ; I had occasion to go to the first floor, opposite to a woman that washes me some linen, I gave her a caution to look at my basket as I had suffered several times; and she said, a man has got your basket; I immediately looked out of the window, and I saw the prisoner have the basket on his back, I overtook him with the basket on his back; he said it was not mine; I said, that was not a place to dispute it in, I would take him somewhere else: I am sure it was my basket.

PRISONER's DEFENCE.

As I was coming by this court, there was a baker coming with two dishes in his hand; says he, my lad, I will be very much obliged to you to carry this basket for me.

GUILTY .

To be publickly whipped and discharged .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-57

216. FRANCES OWEN was indicted for feloniously stealing on the 14th of January last an iron poker, value 1 s. the goods of Robert Jones .

The Prosecutor not appearing the prisoner was

ACQUITTED .

Reference Number: t17830226-58

217. GEORGE CLARE was indicted for feloniously stealing on the 8th of February instant, two pieces of corded dimity containing sixty yards, value 5 l. the goods of John Lee , privily in his warehouse .

THOMAS VAUX sworn.

I am in the service of Mr. Lee of Bread-street , I recollect the loss of this dimity well, on Saturday the 8th of February, between three and four in the afternoon, the prisoner at the bar entered the warehouse of Mr. Lee, I was at that time in the counting house of Mr. Lee, which was behind the warehouse, I did not observe him come in, nobody was in the warehouse, I was in the counting house alone.

Court. What did you see him do? - I did not see him do any thing, I heard a noise in the warehouse, which led me into it, and I perceived the skirt of a man's coat going out, I followed him; the warehouse opens into Bread-street.

What did you first see when you went out of the warehouse? - A man with two pieces of dimity under his arms, he had not gone six yards, I immediately seized him, he had then the dimity under his arms; the prisoner is the man.

Whose dimity was that? - They were the property of John Lee of Bread-street, and had his mark on it; they are to be produced, they have been kept in the hands of the constable; I delivered them to him, and those I delivered to the constable were the same I took from the prisoner.

- UNDERWOOD, the Constable, sworn.

Court. Why did not you bring these things in yourself? - They were brought in by the porter, they are marked by me; I marked them before Mr. Alderman Hart.

Vaux. I know them to be my master's property, I marked them then; there is likewise another gentleman that saw the prisoner with the goods in his possession when I secured him.

PRISONER.

I have nothing to say, I have no witnesses.

GUILTY , Death .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-59

218. BENJAMIN PALMER was indicted for that he, on the 20th of January last, about the hour of twelve in the night, forty cucumber plants, standing in the garden of Jacob Franks , Esq ; feloniously did steal, take and carry away, against the statute .

The second count, for that he on the same day, and at the same place ten earthen pots, called garden pots, value 1 s. 3 d. the goods of the said Jacob feloniously did steal .

ARTHUR TYLER sworn.

You are the gardener to Mr. Franks at Isleworth ? - Yes, on Tuesday the 20th of January I lost ten pots of cucumber plants, four plants in each, they were in a cucumber frame planted in the earth; they were very forward for the season; I went to enquire after them; and I went to a young man an acquaintance of mine, his name is Richard Goatley , I called as I went along at one Falcher's; I shot a thrush as I went along, and it fell over into Mr. Shipcot's garden, I was going over for it, and Goatley said, Palmer is the gardener there, says he, I saw him go past my door last night at eleven o'clock, with a ladder on his back; I said, then I need not go much further to seek after my cucumber plants; I went to the Red Lion, and asked them if they were acquainted with Palmer, I desired them to go into the garden, for I thought he would suspect me; I went in company with Goatley and Falcher into Mr. Shipcot's garden, where Palmer was gardener, and there were eight pots and cucumber plants in these pots, I can positively swear to them.

Were these your plants? - They were my plants.

What might be the value of these plants? I never knew an instance of any being sold

only once last year they were sold for half a crown a pot, they were the property of Mr. Franks.

Court. What do you know them by? - By the growth, they were remarkably strong for the time of year, and just in the situation I left them the night before.

Is there any mark on these pots? - Two of them were painted blue, and some of our pots were painted blue that were in the hot bed.

Court to Tyler. Was the prisoner present at the time you was in the garden? - No.

Did you charge him with these plants being the property of your master? - I went to Mr. Shipcot's and I told him I had lost my plants, and his gardener had stole them; he said, he did not know he had any plants; he said, he would mention it to the gardener.

EDWARD FALCHER sworn.

I live at Isleworth.

Court. Did you mention the name of Palmer to Tyler on that day you went a shooting? - After he had shot the bird, he asked me who was the gardener there, and I said Palmer, he was going to get over the hedge.

Who was the gardener at Mr. Shipcot's? I told him the last gardener that Mr. Shipcot had was Benjamin Palmer , I saw Palmer pass my gate, and he wished me a good night, that was a quarter after eleven, he had nothing but the ladder, that was the night before.

How far off is your house from Mr. Frank's? - Near a quarter of a mile.

How far from Mr. Shipcot's garden? - Half a mile or a little better. I was going out a shooting, and Mr. Franks's gardener called on me in the morning, as I was cleaning my gun.

Do you know whether that man at the bar was or was not the gardener of Mr. Shipcot at that time? - He was.

Court. Was you in the garden of Shipcot with the last witness? - I was in the garden, and I saw the pots stand upon a dunghill.

RICHARD GOATLEY sworn.

I live at Hensley, I remember Tyler applying to me to go into the garden of Mr. Shipcot, it was in January about ten o'clock, I cannot recollect the day, he asked me if I was acquainted with Mr. Shipcot's gardener, that was the prisoner; I was in his garden about ten days before.

Had you the curiosity to examine the frame work in the garden? - I looked in his frame, he had some very small plants just up, but in a very weak condition; I went with Tyler, I did not know his design till I came near the place, in Mr. Shipcot's garden I saw eight pots in the frame, Tyler came into the garden in a few minutes after we got to the frame.

Then you saw the plants that he claimed? - Yes.

Was it possible, according to your observation of these things, for the plants which he had raised to have grown to that size? - I think it impossible.

Jury. How long had he been gardener to Mr. Shipcot? - Near a twelvemonth.

Was he a servant or a gardener hired? - He was hired at so much a year, he boarded in the house, and slept at home.

PRISONER's DEFENCE.

I was at a benefit club that night at Isleworth, it detained me pretty late, till eleven o'clock, in coming home, I came home with one Joseph Kemmott , he is in court; I had occasion to go into my garden to lock up some tools, I went up the garden, and there was some cattle broke in, in turning them into the road, there was a basket stood with eight pots of plants laying in the road, and eight red cabbages laying with them.

Court. What you say that these eight pots which were afterwards found in your master's garden were laying in the road? - Yes, I took them up, and put them into the garden, I did not pretend to conceal the things.

Court. Is it usual for you when you go to the benefit club at Isleworth, to carry a ladder on your shoulders? - I never saw the ladder, here is a person in court that can prove that I was with him till eleven o'clock.

JOSEPH KEMMOTT sworn.

I came home with the prisoner about half after ten, the club is held at the Phoenix at Isleworth, I live in Worten-lane.

Did you come near Falcher's house? - Yes, close to his door.

Had you any conversation with Falcher? I had no conversation with him that night.

Had the prisoner any ladder with him, when he and you came past Falcher's door? - No.

Which road did you take from the Phoenix at Isleworth to go to Worten-lane? - I came up to the George.

Did not you turn to the left hand to go to Mr. Franks's? - No, my Lord.

Was you near Mr. Franks's? - No, the prisoner was with me all the way, and then he went on to Hensley: I have known the prisoner for seven years, and he is a very honest character: I am a shoe maker.

Prisoner's Council. When was it that you were at this club at the Phoenix, what time in February? - The third Monday in the month.

In February? - Yes, about five or six weeks ago.

You do not recollect the day of the month? - I cannot say I do.

How far is your house in Worten-lane from Shipcot's garden? - Pretty nigh half a mile.

Court to Falcher. When the prisoner Benjamin Palmer passed your house and you bad him good night, that was on the 20th? I cannot say what day it was.

Was there any body in company with him? - Nobody, he had nothing in the world along with him but the ladder, and he wished me a very good night.

Was it near the time that you went to Hensley in company with him? - My Lord, it was the morning after the things were lost.

And it was the night preceding that morning that you saw him pass your door? Yes.

And he had nobody else with him? - No.

GUILTY .

He was humbly recommended to mercy by the Jury, in consideration of which to be fined 1 s. and imprisoned one month in Newgate .

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

Reference Number: t17830226-60

219. REBECCA DAKING and JANE BURGESS were indicted for feloniously stealing on the 26th of January last, a quart pewter pot, value 12 d. and two case knives, value 8 d. the goods of William Bromley .

WILLIAM BROMLEY sworn.

I am a publican , on Sunday evening, the 26th of January, the prisoners at the bar came into my house into the tap room, and had two pints of beer, and I was informed they were concealing some pots; I kept a watch on them, they called for another pint of beer, I did not draw it; they said, let us go, they will not draw us any more beer, and were going away; I stopped them, and I found the pot on the old woman, in her apron; I took the pot from her, when they came back into the tap room, the old woman took a knife from under her, and laid it on the seat; the knife and pot were both my property.

- MILLAN sworn.

The oldest of the two prisoners, I saw her take up a quart pot in the tap room off the seat; I told the landlord, and I went out into the passage, and I saw the quart pot found on one of the prisoners, and the other dropped a knife; she was standing

close by me; they were two yards distance; there was no other person near.

(The pot and knife deposed to.)

PRISONER's DEFENCE.

I came out of the hospital on the Wednesday, I went to this woman, and she offered me a draft of beer; I was very thankful for it, we had a pint of beer, and some bread and cheese, I took the pot into my hand, and I went up to the bar, and called for more beer several times; and he took us into the room, and said I was going to steal it; as for the knives we had bread and cheese, and we had but one knife, where the knives fell from, I do not know.

BOTH GUILTY. 9 d .

To be fined 1 s. and confined to hard labour six months in the house of correction .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-61

220. JAMES BURN was indicted for feloniously stealing, on the 22d of Jan . last, one cotton gown, value 6 s. one petticoat value 4 s. one flannel petticoat, value 6 d. one linen apron, value 12 d. one muslin handkerchief, value 6 d. one silk handkerchief, value 6 d. one cotton handkerchief, value 6 d. one pair of worsted stockings, value 6 d. one black silk cloak, value 12 d. and one tin snuff box, value 1 d. the goods of James Stocker .

The prosecutor not appearing the prisoner was

ACQUITTED .

Reference Number: t17830226-62

221. MARY SHEPHERD was indicted for feloniously stealing, on the 30th of January last, one cotton gown, value 10 s. one linen gown, value 10 s , the goods of Job Crocket .

MARY CROCKET sworn.

I am wife to Job Crocket, I lost on the 10th of Jan. a cotton gown, a linen gown, and a very large counterpane, the largest size there is; I lost them out of my yard in Windmill-street, Tottenham Court road, No 16 , they were hanging up to dry, to the best of my knowledge, they were taken away between five and six o'clock at night, I saw them there about that time, I missed them in two minutes, the gowns were found at Mr. Brown's, a pawnbroker's, in Drury-lane, I never saw the prisoner before.

MARY HEATON sworn.

I know nothing of the matter, I lived along with the woman where the prisoner brought them to dry and iron, and she begged after they were ironed to let me go and pawn them.

SARAH SPILLER sworn.

I washed, and made, and mended for the prisoner for five or six months, she, brought these gowns very wet in her apron, between ten and eleven on Thursday, and she said to me, Sally, can you do me the favor to dry and iron these gowns.

Court. Are you sure it was the Thursday? - I think it was, it was on the 30th of Jan. I ordered the woman to make up the fire, and when I had ironed the first, says she, I wish you would let your woman go and pledge them, she went with one to the Bull and Gate, and pledged it for 9 s. in my name.

What was the prisoner? - I knew her from a child, she used to sell water cresses, and go out a begging along with her mother, her mother is a beggar.

How came you to work for her then? - She had been gone some time out of the place.

If her mother was a beggar, what was she? - I do not know how she came by her things, I thought she worked; she used to fell water cresses; I made some shifts for her, I mended, and washed some, and any thing she had to do, any thing in the world.

Do you know the gowns again if you see them? Yes, sir, I think I should.

PRISONER'S DEFENCE

The woman that belonged to the gowns, came and said, young body, I want to speak to you, I hope you will not be affronted, says she, will you tell me what is become of the things, or did you take them; not as I think in my heart you are guilty; I think the person that pawned them is guiltier than you, and if you will tell me any thing about them, you shall be cleared; says she, I think within my own breast Sarah Spiller and the other young body is guiltier than you; you shall be cleared next sessions, and Sarah Spiller went and declared to the pawnbroker, that they were her gowns, that she bought them six weeks before.

Court to Sarah Spiller . Was that so? - The second gown that was pledged, was stopped by Mr. Brown, I then said to the prisoner, you never came by them gowns honestly; she said, says she, I insist on your paying me for it, you want to queer me; I went to Mr. Lane's, says I, Thomas how came you to stop the gowns.

Did you pawn it in your own name? - The young woman pawned it in my name, I did not know what she did, I gave her no directions to use my name, she asked me if she should go, and I was willing for her to go; I did not tell her any name particular, but the girl made use of my name, very innocently I look upon it.

MARTHA EATON sworn,

I know nothing of this matter, only the prisoner at the bar asked me to go with the gowns to pawn.

Who told you to go and pawn them? - The prisoner at the bar desired Sarah Spiller to give me leave to go and pawn them.

Did you hear her desire that? - Yes, I pawned one at the Bull and Gate, and the other at Mr. Lane's the corner of Cockpit alley, in Drury-lane.

ROBERT OXFORD sworn.

I have one of the gowns, I live with Mr. Massters, a pawnbroker, in Holborn, the corner of the Bull and Gate, I received this gown from Martha Eaton, on the 30th of January, about one in the day, it was pawned for 9 s. I have had it ever since, I asked her who she brought it from, she told me from Sarah Spiller , I asked her whereabout she lived, she told me, and then I gave her the money.

SARAH SPILLER sworn.

This is one of the gowns that I ironed, I am positive of it, I took notice of the pattern of it, and I set in the plaits by the prisoner's desire; she said she had bought them the afternoon before, and they were very dirty, and she washed them and brought them to me to iron.

Jury. How could you think, that this beggar could have so many things? - She used to go out with things.

Court to Martha Eaton . Was you present when the gowns were brought? - Yes, she brought them both in her apron, wringing wet, I think it was the Thursday, between eleven and twelve.

Did you hear any conversation between the prisoner and your mistress? - No, only to make haste, because she wanted to go down to the girl that was in gaol.

THOMAS BROWN sworn.

(Produces the other Gown.) I live with Mr. Lane, a pawnbroker, in Drury-lane, I took in this gown, but I did not lend any money on it; Martha Eaton brought it, I bid her call again, and when she came back I stopped her, I kept the gown; it was brought me the 30th of January, she said she brought it from Spiller, and Spiller came to our house as soon as ever this woman was gone, and said it was her gown; but one Sarah James came with her, and Spiller said, she had sold it to that woman; I took directions where they both lived, and when they came back a second

time for the money, I sent for a constable; I know nothing at all of the prisoner.

PRISONER.

I am but a poor body, I never had any thing to wash and make, and to tell you the truth, I have but one new shift, I am as innocent as the child unborn, and I have but this one gown that I have on.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-63

222. ELIZABETH BROWN was indicted for feloniously stealing, on the 21st of February instant, seven yards of printed callico, value 8 s. six yards of Irish cloth, value 4 s. four yards of check linen, value 3 s. five pair of worsted stockings, value 5 s. and one pair of cotton stockings, value 18 d. the goods of William Marshall .

WILLIAM MARSHALL sworn.

I left my goods, the 21st of this month, at the Red Lyon at Chiswick ; I went to my lodging at Putney, I asked the landlady if I might have my goods there, she said yes, I left them where, I used to leave them up in the dining room; the next morning my pack had been opened, I missed the things mentioned in the indictment; I told the landlord and landlady of it, they said, that some person had lodged there the night before, I went to pursue the person, and when I returned they told me the servant girl had been taken into custody; I came into the parlour, and she delivered three pair of stockings out of her pocket, which I am sure were mine; she owned she had taken the goods.

Court. Were there any promises made to her? - No, none.

Prisoner. Did not I buy the stockings of you, and pay 18 d. for them? - No, she did not.

JOHN MOORE sworn.

(Produces the things.) These are the things the last witness delivered to me at the Red Lyon at Chiswick, he told me I must go to Bow-street with him; on Saturday I saw the prisoner come out of the Red Lyon, with a bundle wrapped up in her apron, she tapped against the tap room window, and said, come along, come along; and two men followed her up the walk; in about ten minutes the landlord said, Mr. Marshall had been robbed, and I said, I saw the maid go up the walk with a bundle, I went up the town and pursued her, and overtook her, and she had a bundle.

Were these the things that she had? - I cannot say, she gave the bundle out of her hand into her father's hand.

Did not you stop that bundle? - I told them they must come back, the two men very readily came back along with me, and in turning the corner she snatched the bundle from under her father's arm, and chucked it over the garden; I sent a woman for it, and she brought it back to the Red Lyon, the woman is not here; the landlord brought in the bundle to the parlor.

Court. We have no evidence about that bundle, but the stockings that you found on her are yours; - Yes.

PRISONER's DEFENCE.

I gave the gentleman 18 d. for two pair of stockings.

Court to Marshall. How long had this woman lived there? - I know nothing of her, but I think she had never done any such thing before.

GUILTY .

To be privately whipped and confined to hard labour six months in the house of correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-64

223. JAMES BUCHANAN , a woman in men's apparel, was indicted for feloniously stealing on the 25th of January last, one silk purse, value 6 d. and thirty-seven pieces of gold coin of this realm, called guineas, value 38 l. 17 s. the goods, monies and chattles of John Barcello .

FARNLEY WILKINSON sworn.

I know nothing of the robbery, the lieutenant on board the Nascova Cassarea coming on board the ship, in the evening, and saying he had been robbed of his purse and money.

WILLIAM WAKEMAN sworn.

I know nothing but Mr. Wilkinson the officer called on me to take a young woman on shore.

Court. What woman? we know nothing of any woman; this is James Buchanan .

Court. How can this indictment be supported? this is an indictment against James Buchanan , labourer, and we are told we have a woman at the bar.

William Wakeman . I took her to Tower-stairs.

Prisoner's Council. Was the prisoner dressed in petticoats? - No.

Court. You took a person then in men's cloaths whom you supposed to be a woman? I did not know then that she was a woman, going up Tower-stairs she bid me pull up, and then she bad me go to New Tower-stairs.

Court. We, under this indictment, cannot take the prisoner at the bar to be a woman.

Then I went up to Billingsgate, I know nothing about the stealing of the purse.

JOHN SADLER sworn.

I believe on the 25th of January the lieutenant of the ship and the clerk came to me, and gave me information that he was robbed of thirty-seven guineas, I went to the house, and found the prisoner at the bar, and brought him down stairs and searched him, and put my hand into his pocket, and she gave me a rudge, and said, hush, hold your tongue: we brought her to the public house, nobody claimed a right to the purse, there was five guineas and a half in it, but I gave her a guinea when she was committed to Newgate; I know no more.

Court. Then if the next witness says no more than you do, you may give her the purse back again.

The next Witness. I know no more than the last witness.

(The three foreigners called upon their recognizance.

NOT GUILTY .

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

Reference Number: t17830226-65

224. MICHAEL NOWLAND was indicted for feloniously making an assault on the King's highway, on William Lawrence , the 13th of February , and putting him in fear and danger of his life, and taking from his person and against his will, one bridle, value 1 s. the goods of Askew Bucknell , Esq .

WILLIAM LAWRENCE sworn.

I am carter to John Askew Bucknell , he lives near Watford; on the 13th of February, about four in the morning, a man came to me and demanded the bridle of my horse, I am not sure that that is the man; the horse was tied behind the waggon; he shewed me a thing which I thought was a pistol.

What did he say? - He did not say any thing, he came up to me, you Sir, says he, give me the bridle of your horse.

Did he say what he wanted with the bridle? - No.

Did he demand any thing else but the bridle? - No, he said he would either shoot me, or blow my brains out, I do not know which.

He did not demand any thing else of you? - No.

He did not ask any money? - No.

He took the bridle and rode away? - Yes.

You cannot swear this is the man? - No, I can swear to the bridle, it was found again.

THOMAS PRICE sworn.

I had taken a small black horse in of one William Mills , with this bridle on it, at half past eleven, at the Cock in Tottenham Court Road, this was the 13th of February, the man asked me if the horse could stand that night, it was the prisoner at the bar, he came with the horse, he desired me to put him into the stable, and give him half a peck of corn and a little hay, and he should come and speak to my master in a minute or two, and he left the horse and went off, and I saw no more of him.

Prisoner. I have witnesses that I was in bed the same night this was done.

WILLIAM BOWYER sworn.

I apprehended the prisoner at the bar, I am one of the patrol lately appointed by Sir Sampson Wright, the patrol happened to go to Kilburn, I met this prisoner and some other people in company; I searched the prisoner, and I found this in his left hand pocket, it is not a pistol, it is only the appearance of a pistol; he said, he was going to Edgware, we took him into custody; the last witness immediately on seeing him again said, that is the man that brought the horse to our house.

Court to Price. How long was the prisoner in the yard? - Only at the door, he gave me the horse, he stopped five minutes, not longer.

At half past eleven, it was not light at that time? - There was a lamp over the door, I never saw him before, he was dressed as he is now, I can swear to him that he is the same person.

(The bridle shewn to the first witness.)

I know the bridle by the buckle

Court. Is not it a common buckle? - There are others like it.

Is there any particular observation that you ever made on this bridle, that enables you to swear to it again? - I know it by being broke, I have used it many times.

What is there in that bridle that distinguishes it from any other old bridle that is broken? - I know it from an hundred.

But if you do know it, you can give some reason for it, and some description that somebody else might know it by? - This was the bridle I gave him.

What reason have you for being sure this is the same bridle? - I cannot know it any other way than this, I believe it to be the same.

PRISONER's DEFENCE.

That young man knows no more of me, I never saw him before I saw him in Bow-street, the runner that took me has put him up to it, and bid him swear any thing that he could, and he might get 20 l. the people that I had as witnesses are gone home, some of the turnkeys told them my trial would not come on to night, and they are gone home.

Court to Lawrence. Did you observe what sort of a horse the prisoner was upon when he robbed you? - A black horse.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-66

225. MICHAEL NOWLAND was again indicted for feloniously stealing on the 13th of February instant, one black gelding value 10 l. the goods of William Hall .

JOHN WRENCH sworn.

I am servant to Mr. William Hall; coming to town the 13th of February, at the bottom of Elstree-hill a man crossed the road upon me, and this black gelding was tied to the off side of my cart, it was a

quarter after three in the morning; he drew out a weapon from under his coat, which appeared to me to be a pistol, and he clapped it against my breast, and demanded this black gelding of me, and bid me stop immediately, and he took this black gelding of me, which was tied on the off side of my horse, and rode away immediately: I have seen the horse since, I can swear to the horse.

Jury. Had you no fort of knowledge of the man? - No.

THOMAS PRICE .

I have no further to say, than I took a horse in from the prisoner at the bar, I am sure it was the prisoner, I have no doubt of his person, there was a lamp over our door, the prisoner was with me about five minutes, I heard of his being taken up about a week afterwards, the horse was claimed that day week, and he was took up a week after that.

Who came to claim the horse? - One William Hall.

Did any body come with him? - Not that I saw.

Did the prisoner ever come after the horse again? - No.

What became of the horse? - William Hall took him away.

Is Hall here? - No.

Do you know Wrench the first witness? I know him by sight.

Did he ever see the horse at your house? No.

Was he with Hall when he took him away? - No.

Was the horse ever taken before the magistrate? - I believe it was.

Was you with him? - No.

- BOWYER sworn.

I apprehended the prisoner.

Do you know any thing about this horse? - The horse was brought before the magistrate from where Mr. Hall had brought him with his servant, after he had received him from Tottenham Court Road, Mr. Hall was ordered to produce the horse by Mr. Addington.

Who was there to identify that that horse was the same horse that was found in Tottenham Court Road; who is to prove that the horse that was afterwards produced by Mr. Hall was the same horse? - The horse was brought by Hall to Bow-street.

Was Price there when the horse was brought? - I really believe he was.

Court to Price. Were you at Bow-street when the horse was brought there? - Yes.

Are you sure of that? - Yes.

Did you take such notice of the horse that was left in your stable, as to be able to know him again? - Yes, I did.

Court to Price. Was the horse that was produced at Bow-street, the same horse that was taken from your house? - Yes.

Are you sure of that? - Yes, quite sure.

What sort of horse was it? - A small black gelding, a white face, one foot I believe is white.

What sort of mane and tail? - A long tail that had never been cut.

Was it a remarkable horse? - It was remarkable enough to know it again, I am sure it was the same horse.

Court to Wrench. You saw the horse at the office? - Yes.

Was Price there? - Yes.

Was that Mr. Hall's horse? - I am sure of it, quite sure of it.

PRISONER's DEFENCE.

My Lord, all I have to say is, that this young man is bribed to swear any thing; you will look into his character: I have a witness that I was in bed, he does not live far off.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-67

226. MARY BROWN was indicted for feloniously stealing on the 15th of January

last, one cloth cloak, value 5 s. one linen shirt, value 5 s. one linen shirt, value 18 d. one stuff petticoat, value 5 s. one pair of leather shoes value 2s. two linen caps, value 12 d. and one linen table cloth, value 2 s. the goods of Christopher Smith .

SARAH SMITH sworn.

I know the prisoner, she looked after me when I was sick, and she was in distress, she was with me from the Saturday to the Wednesday, on the Wednesday morning she got up to light the fire, and went out to light a candle about nine o'clock.

Court. What did she light the fire so late as nine o'clock in the morning? - The days were very short, and they set up very late as I was so ill, when she came in, she said, mistress, there lays a farthing on the table, may I take it for small-coal, I said, yes; she did not come back again, and I got a woman that slept with me to get up and seek for her; the woman looked for her stockings and apron, and they were gone: the prisoner never came back.

What things of yours were missed? - When I got upright in bed, I could not find my shoes nor petticoat, and a long Bath cloak that I had to keep me warm in bed, and a clean shirt of my husband's, and a shirt of mine, and two caps, and a small table cloth; I never found any of my things, any otherwise than the Sunday fortnight following, I saw the prisoner with my petticoat on, and my shoes, near the Haymarket.

How did you know they were yours, could you know your petticoat in the street? - It was a very moonlight night, I walked close by her, the petticoat had a new piece in behind, and it shined; she did not know me, I knew her, I did not stop her, I followed her to Westminster, there she was at a lodging house: I found one cap on her then, that was a month after I was robbed.

But you cannot undertake to swear, meeting her in a moonlight night in the street, that the petticoat she had on, and the shoes were yours. - No otherwise than by the patch behind; she told the Justice the cap was mine, and she said, if I had had a thousand times more, she would have taken it with her; she behaved very rude before the Justice.

Court. Was she sober? - Yes; she told me she sold the shirt for two shillings to a Jew, and if I wanted the cloak, I might go to Rag-fair and look it.

Were there any threats or promises used to make her confess? - When I saw her, I had no constable with me; I asked her, where the things were; and she swore bitterly many oaths I should not have them; I said, Polly, you should not have stripped me, you knew you left me stark naked, I had no other things to put on; she said, she knew that, that was the reason; there was twenty women in the place that threatened to cut my liver open.

SARAH MILLER sworn.

When the prisoner came into the chandler's shop to light the candle, says I, Poll, how is Mrs. Smith? she said with a great oath, Oh; she is well enough now: I said, Poll, how came you to have Mrs. Smith's petticoat on, and her shoes? she said, they lent her them.

Court. How came you to know them? I sewed the shoe up behind the night before my ownself, and the petticoat I knew by the piece, that is all I know.

PRISONER's DEFENCE.

This here woman did not take me to live servant, there is a great many people that keep young creatures to go upon the town; that woman that stands there now is the person that followed me. I picked up Mr. Macmanus one night. I caught the bad distemper in this woman's house; says I, Mrs. Smith, I am badly injured; when she found I was injured, she never came near me, I told her I was better, and she enticed me home to her again, and got me a jacket and coat that I wore to go out to look for money, and a Portsmouth

hat: as for the things, I know nothing of them; I did go away in the morning, I never said, I had her cap on: she owes me a spite, and she thinks to lay me in gaol, I have got her a great deal of money, and there are young creatures that she kept to go on the town; and there is her next door neighbour is the same sort of person as herself; if the truth was known, she has girls at home now, and she gives them a shilling a night and a pint of beer, and every farthing that we take she gets; the man comes home along with us, and he pays half a crown for the room, and if the man calls for any thing to drink, she gets a bottle of wine, and she mixes it up, and calls it a negus.

Court to Mrs. Smith. Have you any husband? - Yes.

What is his name? - Christopher Smith , he is a glass cutter in the lapidary way, I work with him.

GUILTY .

Court. Call the prisoner back.

Court to Prosecutrix. Did you know the prisoner before she lived with you? - Yes.

Court to Prisoner. Have you any friends or relations at all? - Only one sister, I was born in Featherstone-street, Bunhill-row; I have been in service, but I was drawn into snares, seeing other girls wore fine clothes; she cut my hair down before, and put me a pair of false curls; she bought me a Portsmouth hat, and a pair of coloured shoes; the first night I went out, I got her half a guinea, and she made me give it to her.

Court. What is your sister? - She is an unfortunate girl, I cannot help what my sister is.

Court to Prosecutrix. Where is your house? - No. 4, the corner of Angel-court, White-Hart-court, Drury-lane .

Who does your husband work for? - For Mr. Haley in the Strand.

*** The prosecutrix then applied to the Court for the usual expences, and she was ordered to attend the Court next day, and when sentence was passed on the prisoner, the Court thus reprimanded the prosecutrix:

Sarah Smith , you come here to request an allowance of your expences: but the Court find, that the account given of you by the prisoner at the bar last night is true, and that you have carried on for a number of years, that infamous practice of enticing and encouraging young girls to prostitution: therefore you may go away, and after being refused all allowance of expences, think yourself very fortunate that the court do not commit you to prison. As for the prisoner, under all these circumstances, the judgment of the Court upon her is, that she be fined 1 s. and then discharged .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-68

227. JANE CRABB and CHARLOTTE MACKEY were indicted for feloniously stealing, on the 17th of January last, one pair of linen sheets, value 5 s. and one linen bed quilt, value 5 s. the goods of Henry Izard , the goods and chattels being in a lodging room in the house of the said Henry .

HENRY IZARD sworn.

I live at No. 3, Lemon-tree-yard, Bedfordbury , the prisoner Crabb came and took a one pair of stairs room of me, on the 6th of December last.

Court. She took the lodging of you? - She took it by the week, at three shillings a week.

How long did she continue there? - About a month and some few days.

Court to Jury. There is an end of this

indictment, as he says Jane Crabb only took the lodging.

BOTH NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-69

228. JOHN BACON was indicted for feloniously stealing, on the 13th of February , four hundred and eighty pieces of copper money, called halfpence, value 20 s. the monies of John Hindley .

JOHN HINDLEY sworn.

I live on Saffron-hill , the prisoner was my servant from the 6th of January to the 13th of February, on which day I missed seven shillings worth of halfpence, they were in three papers, tied up in two half-crowns, and two shillings; and I asked my wife if she had taken any halfpence, and she said, no; my suspicion fell on the prisoner; I went and fetched Mr. Feathers, a neighbour, and he and I searched the prisoner's room, and the kitchen, and the cellar, and there we found nine shillings and six-pence in a hole by the ceiling, that is, seven shillings in silver and a half-crown piece; that was the 13th of February.

Court. That cellar, I suppose, was open to any body in the house? - Yes, I looked, and I could find no halfpence, when he came in, I taxed him with the robbery, he denied it at first, and at last owned it,

When you taxed him with it, did not you tell him it would be better for him to confess? - No, in consequence of his owning it, I fetched a constable, but before he was apprehended, he went and took the money from that place.

You told him where it was? - No, my Lord.

What did you say? - Only that there was some hid in a cellar, and that we knew what it was.

Did not you say it was hid in a hole? - No, my Lord.

Did neither you or Mr. Feathers shew him where that money was? - No.

Nor say where it was? - No, the boy at last pointed to where it was, and said, it was there; I asked him, how he came by that silver; he said, he had changed some of the halfpence for silver with a woman that is now an evidence upon this trial; I asked him, what he had done with the other part of the property, he said, he had bought a handkerchief and a pair of shoes and stockings, and had spent the other part: when he was detected, he went into the necessary, and threw something down, which by the found was money.

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

Reference Number: t17830226-69

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

SHORT-HAND taught on an improved PLAN.

Reference Number: t17830226-69

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 26th of FEBRUARY, 1783, and the following Days;

Being the THIRD SESSION in the Mayoralty of The Right Hon. Nathaniel Newnham , Esq; LORD MAYOR OF THE CITY OF LONDON.

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

NUMBER III. PART VI.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

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 John Bacon .

JAMES FEATHERS sworn.

I sent over a guinea to change to Mr. Hindley, he said he had only halfpence, I waited a little while, and he came to me, and said he had been robbed, and I went with him; we searched in the cellar, and at last I found in a little hole, this 9 s. 6 d. as was before described, wrapped up in a bit of paper; I went round the cellar, searching for halfpence, I could find none, the boy came in, and we sent him out again, and when he returned he came down in the cellar where I was looking for halfpence; I thought it was him coming, and I put out my candle, and the boy came, and groped about, and finding some body was there, he seemed surprised; and in going up stairs he looked up at the place where the money was put, this was before his master had said any thing to him; Mr. Hindley's wife came into the yard, and I was talking with her, and the boy went into the necessary; I ran into the necessary and charged the boy with having thrown halfpence down, he acknowledged he had, then we told him we had found some other money in the cellar, I desired him to come down with me and find it himself; the constable then came down, the boy at first denied there was any money in the cellar, I said I had found it myself, I told him the sum; he then looked about the coals, and at last he went to the very place where I had taken it from, in the presence of Mr. Geary, and took it himself from the hole where I had before thought he had put it, by his looking at the place when he was in the cellar before.

Court. So then he looked all over the cellar? - No, my Lord; he informed me he came into the cellar before to hide some halfpence.

GEORGE GEARY sworn.

I apprehended the prisoner, and when they charged him with the robbery, he brought 7 s. and half a crown, and put it into my hands, he owned they were his master's property.

MARY SULLIVAN sworn.

He brought me half a crown's worth of halfpence, he told me his father gave them to him out of his prize money.

How long was it before he was taken up? - About a week or fortnight, he brought me another half crown, and he told me the same, and I changed it for him.

PRISONER.

I have nothing to say.

Prosecutor. His father has treated him with a great degree of cruelty, I gave him a shilling or two myself.

Court to Prisoner. What business have you been bred to? - I have been in the Marine Society .

GUILTY .

To be whipped twice within a week, and afterwards discharged .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-70

229. SARAH ANN WILLIAMS was indicted for feloniously stealing, on the 22d of February last, one leather purse, value 1 d. ten pieces of gold coin of this realm, called guineas, value 10 l. 10 s. three pieces of gold coin of this realm called half guineas, value 31 s. 6 d. and 2 s. in monies numbered , the goods, chattles, and monies of Barnaby Murphy .

The prosecutor not appearing, the prisoner was

ACQUITTED .

Reference Number: t17830226-71

130. THOMAS GRIMES was indicted for feloniously stealing, on the 13th of February last, one silk gown, value 40 s. one stuff petticoat, value 10 s. one linen gown and petticoat, value 10 s. one silk cloak, value 20 s. four linen shifts, value 10 s. and four pair of cotton stockings, value 4 s. the goods of Humphry Spry .

SARAH SPRY sworn.

I am wife to Humphry Spry, my husband lives at Woolwich ; on the 12th of February, I lost the things mentioned in the indictment, out of the one pair of stairs where we lodged, the prisoner lodged in the same house; the prisoner went away the 12th of February, about three in the afternoon, I missed the things the same day, about a quarter of an hour after the prisoner was gone; the things were found the next day.

Are there any other persons that lodged in the house besides the prisoner? - An old man and his wife.

Where were they on the 12th of February? - In their own apartment.

Are they there yet? - Yes, I went to my husband, and told him the prisoner and his wife were gone, and I missed my clothes, and he took horse and went after the prisoner, and I went in the stage; I went to the Cross-keys, thinking they would come in the stage, I waited for their coming, and the next day we heard they were at a place in Ratcliffe-highway, and we went there, but they were gone to Portsmouth, in a week they returned and the constable took them; I found at the pawnbroker's the next day one silk gown, and a black petticoat.

- HURLEY sworn.

I am a pawnbroker, I produce a gown and petticoat, they were pawned by a woman in the name of Elizabeth Kindall , on the 12th of February.

(The things deposed to by Mrs. Spry.)

HUMPHRY SPRY sworn.

The prisoner slept in the room adjoining to our room, and my wife fetched me out of the yard, and I came to London, and I left a description of them; there is a gown and petticoat left at the Yorkshire Greys, at South-street, Gosport, for a guinea, that I have not, there is a black silk cloak

which he left with Mr. Taylor for me to have, that is in Court.

Court. Have you on your own knowledge, any reason to suppose that the prisoner took these things? - Justice Wilmot examined him, but Justice Green signed his own confession.

Do you know the Justice's writing? - I saw him write.

What was said to the prisoner before he confessed it? - He attempted to cut his way out of prison, and then he attempted his own life, and then he begged I would clear his wife, that she was innocent.

Was any thing said to make him acknowledge it? - I left word at the public house, that if he would come back, and would let me have my things, (I was a stranger to the law,) I should be glad to put myself to a guineas expence, and he was told what I should say; and he said he would suffer the law, he would not do it, then the woman that keeps the public house, and the pawnbroker had him taken up.

ANN TAYLOR sworn.

I have a silk cloak which I had from Elizabeth Kindall , who lodged at my house, and the prisoner with her, the prisoner is her husband.

How came you to call her Kindall? - That is the name they went by, I never knew her by any other name.

(The cloak deposed to.)

PRISONER's DEFENCE.

I know nothing of the things, I belong to an Indiaman , the young woman that I kept company with, upon my saying I wanted to go to Portsmouth, wanted to go with me, and said she would pawn all her things, so I said she might; we went to this Mr. Taylor's, and she went out to pawn her things; says I, my dear, I must go directly, I came back from Portsmouth, and then I was taken up; I know nothing of the things, I never touched them, nor pawned them, I have nobody to my character, my captains are all at Sea; I have been fourteen years in the King's service.

Court to Jury. You must lay the confession of the prisoner entirely out of your consideration, after the declaration of the prosecutor, that if he had his things, he did not want to go to law.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-72

231. WILLIAM WENHAM , ROBERT ROBERTS , and JOHN ALLEN , were indicted for feloniously stealing, on the 19th of February last, one live hog, value 16 s. the goods of James Burley .

JAMES BURLEY sworn.

I live in Newport-market , I am a butcher , I lost a live hog out of the Market, on the 17th or 18th of February last, in the evening, I was informed on the 20th it was in Clare-market, at a butcher's house, at the house of John Marks , it was my pig, there are many marks about it.

Court. Were they natural marks? - It had been kept by a person, and had been tied round the neck, and had no hair, it was very remarkable, I am sure it was my pig, I gave 16 s. for it.

Have you any thing to say against these prisoners? - No, my Lord.

JOHN MARKS sworn.

I am a butcher in Clare-market, the prosecutor came to me to look at a pig, on a Friday morning, I bought it of the Tuesday, he said it was his, there is a mark round the neck it is a very remarkable one; I was sent for to buy this hog, in St. Giles's on Tuesday, where the prisoner Roberts lived, they were all there, it was a private house, the first time I went, I

would not have any concern with it, the pig was then in the yard, tied up by the leg.

Were all the three prisoners there the first time? - Wenham and Roberts were together the first time, there were six or seven of them in all, it was offered me to sell by Roberts, he said, will you buy this pig? I said no, I would not, I did not think it was come honestly by, I asked Roberts where he got it, he said, he bought it in Kent, and I said, it would not suit me.

Where was Wenham at this time? - I do not know whether he was there.

Where had you this conversation with Roberts? - In the yard.

Was any other person in the yard? - I cannot be sure.

Did you hear either of the other prisoners say any thing about this pig? - No, I did not, I went away, and came home, I told two or three people about our place, that there was a hog so and so, and I thought it was stolen; and I was persuaded to go and buy this hog, and get these chaps to bring it down, I went and agreed with Roberts for fifteen shillings, and they told me they could not bring it down till it was dark, there were six or seven playing at cards.

Were the other two prisoners there at that time? - Yes, they were all together.

Was this discourse about the pig, and agreement for it in their presence? - Yes, they were all together; I told them to bring it to Clare-market.

Which of them was it that said, they could not bring it till it was dark? - Roberts, and I think Wenham, they gave me no reason why, this was in the middle of the day about one; all the three prisoners brought down the hog, after it was dark, tied in a string, they drove it before them, I told them to put it into the shop, and they did so; I had an officer waiting from Bow-street, and he took them.

PRISONER WENHAM's DEFENCE.

Gentlemen of the Jury, I have to say in my defence so far as this here: I had the misfortune to break my thigh; my mother lives in St. Giles's, to be sure she is a very poor woman, and all my friends; I went to Roberts's house, he was playing at cards, and I sat down, and played with him; and while I was playing, Mr. Marks came, and Roberts went out with him, at night Roberts asked me to go with him, as he was going to drive a pig, the liquor had got in my head, as I had not drank any for a twelvemonth, then I was taken up.

PRISONER ROBERTS's DEFENCE.

This here pig came into the yard about twelve on Sunday night, and it laid there for three days, so I asked one and another, whether any body had lost such a thing, all about Tottenham Court Road, nobody owned it; so then Marks came and asked me to sell the pig, I asked him a guinea and an half, he offered me fifteen shillings for it, he bad me to drive it home to his house; he came twice to our house after the pig, the first time he asked me to take a shilling earnest, I would not take any money, without I had it all together.

PRISONER ALLEN's DEFENCE.

I was in Roberts's house playing at cards, and had some liquor, and Mr. Marks came in about a pig, and Roberts asked me to go down with him, and then the gentleman asked me, if I would take the money, I said, I had nothing to do with the money, and pointed to Roberts, who, I said, belonged to the pig; then I was secured.

The prisoner Allen called three witnesses who gave him a good character.

ROBERT ROBERTS GUILTY .

To be whipped one hundred yards in Newport-market, and then discharged .

WILLIAM WENHAM , JOHN ALLEN ,

NOT GUILTY .

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

Reference Number: t17830226-73

232. MARGARET BEALE was indicted for feloniously stealing, on the 21st of February last, one feather-bed, value 10 s. two woollen petticoats, value 3 d. a linen pocket, value one halfpenny, a brass thimble, value one farthing, and a brass button, value one farthing , the goods of Ann Fitzgerald , widow .

ANN FITZGERALD sworn.

I live in Rosemary-lane .

Did you lose any of your things lately? Nothing, only my bed that she took away.

Your bed? - Aye, my feather-bed, and an old pocket, charged an halfpenny; I never saw the prisoner before this day se'nnight, when she was taken: I lost my things this day se'nnight about half after two in the morning, the watchman came and told me.

Have you got your things again? - No, they are there. The mischance happened in my house, I did not lay there, the window was not bolted: I know the bed to be mine, the pocket and thimble belonged to a woman that hanged herself in my room: the prisoner had thrown down the bed, there is the dirt on it now, and the petticoats I took out of her apron, and the pocket that man took out of her pocket; the petticoat and pocket laid in my room.

CHARLES POWELL sworn.

I stopped the prisoner with the bed at half past two in the morning, she was coming into Blue Anchor Yard out of Honey Bag Alley; she had two petticoats tucked up in her apron, and an old pocket; she said, she lived at the house where she took the bed from.

JOHN MATTHEWS sworn.

I was beadle of the night, the prisoner was brought in between two and three, in her apron, tied up, I found this old pocket.

PRISONER's DEFENCE.

I was going home, and going up this alley by mistake, I tumbled over this bed, and a little way further I kicked against this petticoat and pocket, I did not know what they were, I took them up, and put them into my apron, and the watchman took me.

GUILTY .

To be fined 1 s. and confined to hard labour 12 months in the house of correction .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-74

233. JANE HICKS was indicted for feloniously stealing, on the 9th of February last, one linen shift, value 6 d. one check apron, value 12 d. one linen pillow bier, value 6 d. one linen towel, value 3 d. the goods of Elizabeth Patridge , spinster ; and two aprons, value 1 s. the goods of Sarah Pettit .

ELIZABETH PATRIDGE sworn.

I lost the things mentioned in the indictment, on the ninth of this month; Sarah Pettit lives with me in the same room; I got them again the same morning in Catherine-wheel-alley, I overtook the prisoner in the street, with the property in her apron, I never saw her before that morning, and I found Mrs. Pettit's property also upon her: she gave no account of herself, I called no assistance, I secured her myself, and brought her back again with the property on her, I charged the constable with her.

SARAH PETTIT sworn.

I lost the things mentioned in the indictment, I was very ill in my room, I did not see the prisoner till the last witness brought her back, the things were all together, the prisoner said, she did it for want.

(The things deposed to.)

JOHN MATTHEWS sworn.

I apprehended the prisoner about eleven on the ninth of February.

PRISONER's DEFENCE.

There was a woman standing at the door, and she asked me if I was engaged in work, and she told me she would give me twopence to fetch the things down, and she sent me down Catherine-wheel-alley with them, a woman told me to make away with the things as fast as I could, for fear they should be laid hold on.

Do you know the woman's name? - No.

How old are you? - Sixteen next April.

GUILTY .

To be privately whipped and discharged .

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

Reference Number: t17830226-75

234. JOHN MILLS was indicted for feloniously stealing, on the 18th of January , a basket, value 2 d. four pair of silk and worsted stockings, value 18 s. and five linen shirts, value 50 s. the goods of William Hooper .

The prosecutor not appearing, the prisoner was

ACQUITTED .

Reference Number: t17830226-76

235. WALTER MALONE and ELIZABETH BROWN otherwise LYONS were indicted for feloniously stealing, on the 5th of February last, a pair of linen sheets, value 3 s. and a linen bed quilt, value 1 s. the goods of Ann Quince , widow .

ANN QUINCE sworn.

I live in Catherine-wheel-alley, Whitechapel ; I lost the things mentioned in the indictment, on the 5th of February, from my two pair of stairs bed room, I saw them there about an hour before, they were lost about ten minutes after six, I found them again; when I came in, it was a very wet day, and I had been washing, and I set some clothes before the fire, and the girl came down, and said, all the things were off the bed but one blanket, I went and found it so; I went immediately to the pawnbroker's in the alley, and she said, she had one sheet brought by the prisoner Lyons, I went to Catherine-wheel-alley, and I met the two prisoners with a bundle in her apron: I said, if you have my sheet in your apron, let me have it, and let us have no trouble, a man came and took her away, I sent for an officer, and she was taken, she had nothing belonging to me in her apron; the prisoner said, one sheet was pledged, and the other sheet and bed quilt was with this prisoner Malone in the room.

What did you say to her? - I told her if she would let me have my things, she should have no more trouble about it.

Court. Then say no more about it.

JOHN TANN sworn.

I am an officer belonging to the Rotation office, Whitechapel, after these people were in custody, Justice Staples sent me with the prisoner Malone to see after the sheets and the things, I went to Mrs. Brown, the prisoner Malone shewed me where the things were.

(The things were deposed to.)

RICHARD GRAVENON sworn.

I took in this sheet of the prisoner Brown, I did not see the prisoner Malone there.

BENJAMIN NASH sworn.

I apprehended the prisoner Brown, she said, they were at Malone's, I went to his room and looked about, I could find no things when I took her to the Justice, and I went again, and took him out of bed, and he told me where the things were in pawn.

PRISONER MALONE's DEFENCE.

The night that them things were absent, I came home between six and seven, and this woman was in my apartment, and she shoved in the staple of the door, says I, what brought you here, she had the bundle

in her lap, says she, come down, and I will pawn them, and I will give you a dram; she went to a pawnbroker, and pawned this article in the name of Elizabeth Benley ; the prosecutrix has known me for several years, and never knew any flaw in my indictment in the world.

Prosecutrix. Malone and his wife and Brown were all together in the street when I saw them.

PRISONER BROWN's DEFENCE.

I went to see for my little girl, coming by Catherine-wheel-alley, Malone and his wife were sitting by the fire; he said to me, Bet, will you go and pawn this sheet, I went and pawned it; the prosecutrix said, she lost sheets with such a mark, but she begged my pardon as she knew me; and the young man would lend only two shillings, and we had a quartern of the best gin, and we came back, and they took me; I said directly I had pawned it, and that Mr. Malone sent me with it; and while I was gone, Malone and his wife absconded; the woman said, if she could only get her things, she would not trouble me; the young fellow the pawnbroker offered to be a shilling towards it.

Prisoner Malone. My Lord, the sessions before last, this woman was tried for the same crime.

WALTER MALONE , ELIZ. BROWN alias LYONS,

GUILTY .

To be fined 1 s. each, and each to be confined to hard labour six months in the house of correction .

Tried by the second Middlesex Jury before Mr. Justice BULLER.

Reference Number: t17830226-77

236. ABRAHAM BUTLER was indicted for that he, not being a person employed in or for the mint or mints of our Lord the King, in the Tower of London, or elsewhere, nor being a person lawfully authorised by the Lords Commissioners of the Treasury of our Lord the King, or the Lord High Treasurer for the time being, and not having the fear of God before his eyes, but being moved by the instigation of the Devil, and the duty of his allegiance in no wise regarding, on the 17th day of January last, with force and arms, one cutting engine, for cutting round blanks by force of a screw, out of flatted bars of gold, silver or other metal, without any lawful authority or sufficient excuse for so doing, knowingly, feloniously and traiterously had in his possession, against the form of the statute, and against the duty of his allegiance .

JOHN WRIGGLESFORD sworn.

I am a tallow-chandler, I live in Marybone-lane.

Do you know the prisoner? - Yes.

Do you remember any body coming to you to buy candles on the 12th of December? - The prisoner came to me on the 12th of December.

What time of the day? - I do not know.

Was it morning or evening? - I cannot tell.

Have you no recollection of that? - No, Sir, it was about the middle of the day, sometime or other.

What passed between you and him? - He came to me to buy candles, he made an agreement for eight dozen, at seven shillings per dozen, and he offered me twenty-six shillings out of his pocket, in silver, in part of payment for them.

What did you say or do upon that? - I tried the money, and I thought it very scrupulous, and I sent it to a neighbour of mine.

What was his name? - John Bird ; I sent only a guinea's worth of it, Bird came back with my porter.

What became of the prisoner in the mean time? - He was in the shop, Bird asked me where I took that silver, I told him of the person that was in the shop then, and I pointed to him; Bird asked the prisoner how he came by it, he said, what was

that to him, or something of that kind, and we all three went directly to Litchfield-street.

Court. Then you insisted on carrying him before a Magistrate? - Mr. Bird did.

What passed at Litchfield-street? - He was asked how he came by that silver, he said, he took it in trade the over night, and the reason why he came to buy candles of me was, because he could buy candles for seven shillings a dozen, and he was obliged to give seven shillings and eight-pence elsewhere.

Do you remember any thing particular how he was to pay for the candles? - I did not chuse to let him have the candles without the money, he had only twenty-six shillings, and a few halfpence, a man came with the prisoner, and he sent him for the remainder of the money, but before he returned, we were gone to the Justices.

After the prisoner had given this account of himself was he searched or not? - I do not know.

Court. Did the man that was sent for the remainder of the money come at all? - I did not see him.

Prisoner's Council. When you sent to your neighbour about this, I understand the prisoner staid all the while in the shop till your neighbour came in? - He did.

Court. Did you mention in the prisoner's hearing what was your reason for sending for this man? - I said, take it to Mr. Bird's, and if it is good, bring a guinea for it, and if it is bad, bring it back.

Prisoner's Council. Then you did not take upon yourself to determine that this money was not good, till you had had the opinion of your neighbour? - No, Sir, I did not.

THOMAS WEBB sworn.

You are porter, I understand, to Mr. Wrigglesford? - Yes.

Do you remember the prisoner at the bar coming to your master's house? - Yes, Sir, I was sent with a guinea's worth of silver to Mr. Bird, I carried it to Mr. Bird because my master said, he wanted silver.

Was that the same money you received from your master? - The same money, it was not out of my hand.

Court. Did you and Bird come back together? - Yes.

JOHN BIRD sworn.

Where do you live? - In Marybone-lane.

Some money was brought to you by Thomas Webb sometime in December? - Yes.

Did you go with Webb to Wrigglesford's house? - I did.

You went before the justice? - Yes.

You saw the money that was brought to your house? - Yes.

Where is the money now? - In my pocket, I believe.

Produce it. - (The silver produced and shewn to the Court and Jury.) That is it as I had it from Mr. Vernon, he opened it before the magistrates, and they sealed it again, that is the same money.

Court. How many are there in this paper? - As near as I can recollect, there is twelve shillings and sixpence, they are all together as I had them from the magistrate, he sealed them up.

I think it was said he produced 21 s. - He sent 21 s. to me.

These are the very same silver that were sent to you by Webb? - They are the same money that I had from the magistrates, they were very particular, and would not turn one over but what was laying on the table.

Was you present? - Yes.

Then did you see them collect them together, and put them in paper, and deliver them to you? - Yes, there was more Justices than one there.

You have had them ever since? - Yes.

Did you see the prisoner searched? - I did.

Who searched him? - I believe Dixon and Grubb searched him together, I believe Dixon took the money out of his pocket.

Court. Was it in the presence of the magistrates that he was searched? - No, my Lord.

Where was it then? - In a back room at the office in Litchfield-street.

JOHN DIXON sworn.

You are an officer belonging to Litchfield-street? - Yes.

Do you remember this man being brought to the office? - Yes, Sir, I do.

What day was this? - On the same day that the tallow chandler mentioned.

When you searched him what did you find? - I found one bad sixpence in his pocket and one good one; the tallow chandler looked at the sixpence which I found in his pocket, and he said, it was the sixpence he had tried in his shop.

Court to Wrigglesford. Did you deliver any of the money back to the prisoner? - The remainder, the five shillings, was on the counter in the mean time; I rubbed the sixpence, and I found it was either copper or brass, and I put it on the counter, then he took all the money up, the five shillings.

Did you observe whether the prisoner took up all the five shillings from the counter? - Yes, he did.

Do you recollect whether there was any other sixpence besides that sixpence that you rubbed? - Yes, I recollect that there were two sixpences, the rest were shillings.

Court to Dixon. Did you find no more on him than the two sixpences? - No, the next witness will account for the other money, there was no other money about him than the two sixpences; the magistrates granted a warrant to search his house, I went to his house.

Who went with you? - Mr. Bird, but whether any body else was with me I do not know, I found these two shillings in his wife's pocket, I searched the bureau, and I found some sixpences.

Court to Jury. You will forget that Gentlemen, about any thing that was found in his wife's pocket, that has nothing to do with it.

Who opened the bureau? - I waited till his little boy went to the office, and brought the key from him, I left a person in the shop, while I went up stairs, and the key was come back, when I went down stairs again, the bureau was opened, and I found these four sixpences, and two shillings, they are all bad.

Court. Keep them distinct. - I found nothing else up stairs, or in the house but what I mentioned.

Court. Did you search in any trap door? - Yes, my Lord, I did, and Mr. Bird was up there himself, I helped him up myself, I could see in the trap door, and there was nothing there then.

Court. You know where these things were found, I suppose? - I do not know my Lord; I was not there when they were found.

Court. You did not go up your self? - I did not my Lord, I saw Mr. Bird in the room, I desired him to go to the further end, and he did, he went all over the room, he found nothing.

Bird. I was up my Lord, and looked, but there was nothing.

Court to Dixon. Pray had you Mr. Bird in your eye the whole time; did you see him all the time? - Till he opened a door at the other end, then I came down.

Court. Then he was out of your sight? Yes.

Was this man committed, or held to bail after that? - He was admitted to bail.

Prisoner's Council. You have nothing else to produce but that money, that was taken out of the bureau? - Nothing else, only the sixpence that was found in his pocket.

Council for Prosecution to Bird. What room did the cock loft communicate to? - There was a trap door went up to two other houses adjoining to it, I found the cock loft boarded, floored; but there was nothing in it, I went out of the trap door on the houses, I searched the lead gutters, and every place, but could find nothing, and nothing there was; I searched it very carefully, as much as possible, no man more so; the trap door that went up to

the cock loft, was out of a bed room, I trod on a small table, and Mr. Dixon gave me a lift.

CHARLES YOUNG sworn.

What are you? - I attend the Rotation office, in Litchfield-street.

You saw the prisoner there? - Yes.

He was left in your custody, while Dixon and the other witness went to his house? - Yes.

What passed between you? - He said during the time they was searching him, he put his hand behind him with four shillings, into one William's hand, who was apprehended with him, and that Williams put it into some cotton.

Court. Who was Williams? - The man that was with him, and he said that he had sent Williams up to try to get this money again.

Prisoner's Council. How long had you had him in custody, before this conversation took place? - About a couple of hours.

Had you been drinking any thing? - We had had some half and half.

How much? - A couple of pots.

You had a good deal of conversation with him? - He held the conversation with me.

Did you ask him as to any of the secrets of the business? - I did not ask him any particular secrets, we were sitting together, and we talked together, he had been before the Justice, he was waiting for bail.

Did you want to sist him this time? - I did not want to sist him in particular.

Not in particular, but you did in general? - I remembered what he told me, and I went and told the clerk immediately all that had been communicated to me.

And you promised to be his friend? - No, I did not, it was not in my power; the clerk told me to go up to Mr. Wrigglesford, to see if I could find the money, I went there, and the tallow chandler was not at home, so I went to Mrs. Bird's a public house just by, I waited till he came home, in about ten minutes the tallow chandler sent for me, and I went there, and he shewed me this money upon the counter, which was four shillings, and some halfpence. (Producing four shillings, and some halfpence, which were shewn to the Court and Jury.)

Court. Have you had it ever since friend? - Yes, my Lord.

Court. You did not see them found? - No, he shewed me the money laying on the left hand counter, I took possession of it.

Court to Wrigglesford. It is a very unaccountable thing that you did not mention this, you have heard I presume, as you have been standing by, what this Charles Young says, that he came up to search for the four shillings, and that you sent for him and shewed him the four shillings on the counter? - When I came home I was informed that Charles Young had been to me.

THOMAS CARPMEAL sworn.

When was it you went to Butler's house? - On Friday the 17th of January; Clark, Jealous and Macmanus were with me.

Was he at home? - He was in the shop when we went in.

What shop does he keep? - A clothes shop, sells ready made clothes; Clark told him we were come to search his house, and he stopped with the prisoner, while we proceeded up stairs; that is Jealous and me, I do not know whether Macmanus went up or not; in a bed room up two pair of stairs, a back room, I found a kind of step ladder, I then looked about, and I observed a trap door.

Court. You had heard of this trap door before, had not you? - We were informed, my Lord, that there was a trap door, I went up through the ladder, into the cock lost, there I found this press fixed, it is a boarded lost.

Court. Did Jealous go with you? - He followed me, this press was fixed upon a

bench, near to another trap door, which was almost at the further end of the cock lost, within about two yards of the further end; I believe it was that trap door that went upon the leads.

Court. Was the press fixed in the cock lost? - Yes, within about two yards of the further end, there was the cutters in it, which are still, and every thing complete for cutting.

Court. Pray, Sir, how was this press fixed? - It was fixed upon a bench, which was fixed by feet and stays into the ground, through the bench are these screws.

Court. Then it was screwed into the bench? - The press was fixed on the bench by screws, and the legs of that bench fixed to the floor, the legs were nailed to the floor.

Court. I suppose they are obliged to have it quite tight? - Yes, my Lord, there were other stays besides the feet to keep it steady, it was the other trap door that gave us light.

Court. So that when that trap door was fast, the cock loft was quite dark? - Yes, my Lord.

Court. But some light I suppose would come in from the other trap door? - No, my Lord, it shut very close, the first trap door; at the top of the first trap door that opened from the bed room, there were four iron bolts within side, one at each end, and one at each side.

Had you a candle with you, when you went in? - The further trap door was a little open.

Court. You have given a description of the manner, in which this bench was fixed, did it appear to have been fixed in that manner like a bench standing for some time? - No, my Lord, the legs of the bench, and the bench appeared to be new, or nearly new.

Court. You do not mean to be understood, as if it was set up that day? - No, my Lord, but it appeared to be new work, but I do not apprehend it was set up that day.

Court. As for that engine I suppose it is taken away presently? - In one minute, only unscrewing these two screws.

Court. Was there any other bed rooms in the house? - I only went into that.

Do you know who slept in that room? - The prisoner and his wife.

How do you know? - Their things were in it, and he said that he had lost his knee buckle, and sent his boy to look for it while we were there.

What did you find there? - In the sieve that lay just by the cutter were these blanks, and this cecil I picked up was laying near the place, and upon the bench where this cutter was fixed, were these two other cutters, there were some dies, which I gave Mr. Clarke, which he said were of use for buttons, and I found some buttons, these four buttons.

Prisoner's Council. This was all you found in that appartment? - There were tools for putting them up, a hammer and nails.

There were dies then in this room, that were calculated to be made use of for the making of buttons? - So Clarke told me.

Did you find any thing more? - Nothing.

Council for Prosecution. Where did you find these? - On the cock loft floor.

Prisoner's Council. That instrument would equally serve with dies fixed for cutting buttons, as for cutting any thing else? - I think so.

Court. How many buttons did you pick up there? - I found four.

(Four buttons produced.)

CHARLES JEALOUS sworn.

I have nothing particular to say more than Carpmeal has said.

JOHN CLARKE sworn.

You went to this house of Butler? - Yes, I did, I took the prisoner into custody, at his house, I think it was the 17th of

January, he was walking at the door, my information running, that there was a press up two pair of stairs, in a place that went out of his bed room, I took him up two pair of stairs into his bed room, and I searched him.

What did you find on him? - Two shillings.

Are they good or bad? - They are bad. (Produced.)

Did you make any observations on these shillings? - No, I did not, they are not cut out from such tools as these, they are cast.

Have you seen all the other shillings? - I have not, (the shillings shewn to Clarke) these are all cast.

Explain to us the use and nature of this machine. - This machine is generally used for cutting out round blanks of any sort by the force of this fly, and this screw working up and down, every time it moves up and down it forces out a round blank.

Look at these. - These are called cutters, they put the metal between, and whenever that screw turns round, it forces out a piece of copper, or metal, or any thing else.

Has that been used? - Yes, it has.

Court. Which cutter do you speak of? They have both been used.

What is the operation of cutting? - They are cut out into round blanks without impressions, and wherever they are cast, the impression is squeezed into the sand, and it leaves either the impression of the man's or the woman's head.

Then in casting money that is not of any use? - No, my Lord.

You say this machine may be used for an innocent purpose? - It is possible it may.

Look at these four buttons. - Here are two that have been made by a button maker, and two that have not, these two have been made for a deception, they are not made by a button maker.

Prisoner's Council. But yet they appear to be buttons. - Yes, they do.

You mean today, that the prisoner is not a good button maker. - He may be learning.

Court. That is, these two were made by a man that did not understand button making. - Not a doubt of it, my Lord.

Counsel for Prosecution. When they are made with a fly, how is it done then? - Then they are what they call blanks, without any impressions.

Prisoner's Council. That instrument would answer the purpose of a button maker, would not it? - It would.

Council for Prosecution. We have had many trials here, what has been the usual method that has appeared to the Court of making of silver? - The usual method of making silver has been by casting.

Is there any other new way now?

Court. You cannot ask him that, altho' whenever I have seen Mr. Clarke, I never heard him too forward.

JOHN NICHOLLS , Monier of the Mint, sworn.

Court. Look at that money. - They are all bad.

Look at that parcel. - The se are bad, the major part of them.

Prisoner's Council. Of what metal are they made? - I cannot tell, that is a good one.

Will that engine cut out blanks of metal, gold, silver or copper? - It will.

Court to Clarke. What is the value of such a machine? - I should suppose about four guineas, or four guineas and an half.

Court. It ought to be proved that this instrument was in the prisoner's possession criminally and knowingly; I do not conceive that the bare having that instrument in the house is criminal he must have it for a criminal purpose; therefore you must give evidence of the criminal intention; do not presume a man into high treason.

PRISONER's DEFENCE.

I am entirely innocent of what is alledged to my charge; I took the silver one evening, a man bought a waistcoat and breeches; I took one guinea and an half in silver, and a guinea in gold; that was the silver I gave to the man. I thought

I could manufacture my own buttons cheaper by having this machine, than getting them ready done.

MATTHEW HUTCHESON sworn.

Where do you live? - In Holborn.

What is your business? - A salesman and draper.

How long have you known Butler? - Ever since a boy.

What character does he deserve from you? - His father's shop is very near to me, and I always saw the lad so attentive to business, that I thought he must be very happy in having such a son, he has a very good character in general.

He follows the business of a taylor now? Yes, he does.

Court. What age is he? - About nineteen.

How long has he been set up in business? About a year and an half.

JOHN COLLINS sworn.

I live in Broad Way, St. Giles's, I am in the coal way and grocery; I have known him seventeen years from a child.

What character has he had? - Always very honest and sober as ever I knew, he has always been very near me the whole seventeen years.

Court. Was he very industrious? - Always as far as ever I saw.

Is his father dead or living? - Living.

He has been set up in business for himself a year and an half? - Yes.

Did his father set him up? - He did.

RICHARD WARREN sworn.

I live in Monmouth Street, I keep a saleshop, I have known the prisoner above these eight years, I never knew any thing amiss of him in my life, he has been married about nine months.

RICHARD CARTER sworn.

I live in Broad Street, St. Giles's, I am a baker, I have known him from his infancy, he always bore a very good character, if he was to call fifty of his neighbours, they would all speak well of him.

Did you know him pretty intimately? Yes, he lived next door to me many years.

Had he the appearance of being an industrious young man? - Quite so, his name stands as fair as any young man I know.

NOT GUILTY .

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

Reference Number: t17830226-78

237. SAMUEL LEMON was indicted for feloniously stealing on the 26th of February last, two pieces of gold coin of this realm called guineas, value 2 l. 2 s. the monies of Robert Pearcy .

ROBERT PEARCY sworn.

On Wednesday last, about five o'clock I was in my warehouse, in St. Paul's Churchyard , and the prisoner came to buy a bedside carpet, I shewed him some, he agreed for one at 9 s. he gave me a guinea, and asked for change, I said I have never a half guinea, he said, I am sure you have, I wish you would let me look, and he took the money out of my hand, I had the money all in my hand, and he took five or six guineas out of my hand, and he returned two, I am sure I had nine in my pocket all day, I put my money into my pocket again, I did not miss any till he was gone, I told my porter I was robbed of 29 s. and I sent him and the other man who just come in after the prisoner, they were gone a considerable time, and they found him and another man in Fleet Lane, and brought them both back to my warehouse, they were taken a little before six, they were searched in my presence, and two guineas and five or six half guineas, and twenty or thirty shillings in silver was found on the prisoner, when he was with me; he said he had no half guinea nor silver, I did not count the silver.

Prisoner's Council. How can you take upon you to swear positively to the sum as you have done? - Because I know it.

When did you remember counting this money over? - I had it in my pocket all the day long.

How do you know that this man took five or six guineas? - I had some other gold left in my hand.

Did not he take it all? - No.

Was it possible for you to swear to any particular piece of money? - I could not swear to a guinea, I did not miss it till he was gone out of the shop.

How long was that? - Two minutes.

You had occasion to pull your money out again? - I put my hand into my pocket, and I thought I missed some of my money, the man was gone out of the shop.

Then a second thought came into your head? - I would not have let the man have the money, if I had thought he would have stole any, I did not miss any thing till he was gone out of the shop, he offered to give me the two guineas again, when he was brought back.

WILLIAM CLARKE sworn.

I am a constable, I have worked in the prosecutor's house 26 years, I was called, and I immediately set out with the porter, we came down St. Paul's Churchyard into the Fleet Market, we returned back again, and at the bottom of Fleet Lane, we saw the two men, he says this is the man that robbed my master; I caught him by the arm, says I, you must go to St. Paul's Churchyard, there is a mistake between you and a gentleman, you must go along with me; he said I will not go, I pulled out my staff, says he, God bless you, I will go along with you, I brought him to my master's house, and he said if there was a mistake he was willing to rectify it, and he flung down one guinea, and two half guineas; I did not search him.

Prisoner's Council. Your master then in the first instance told you there was some mistake between him and the prisoner? - No, Sir, he said he was robbed of two guineas.

The prisoner I suppose did not offer, but it was in consequence of your master's charging him with wronging him, that he threw down the two guineas? - Yes, he told me if I could make up the matter between my master and him, he would willingly reward me.

THOMAS WARREN sworn.

I searched the prisoner, I knew him, I have seen him walk Ludgate Hill, St. Paul's Churchyard and Cheapside, as a sharper.

Court. How do you know that? - By seeing him in company with these people, there was two guineas, and five half guineas, and about twenty shillings in sdyer in his pockets.

PRISONER's DEFENCE.

I had been at Whitechapel, I wanted to make my sister a present of a bedside carpet, I called in at this carpet warehouse, I threw down my guinea, says the prosecutor, I cannot give you change, I have never a half a guinea; I said, Sir, I think you have one there; he said no, I have not, I said, says I, I have given you so much trouble, I will take my guinea again, and will call or send for the carpet; he said very well; I made my obedience to him, and went out of the shop; as I was going along, I met with a man that owed me some money, which was the man I went to Whitechapel to see, he said I am glad I met you, I will pay you; we had something to drink, through I drink every thing very weak, having broke a blood vessel, and he paid me five pounds, six half guineas, one guinea, fourteen shillings and sixpence in silver, and eighteen-pence in halfpence; I said to the young man, I will go back for a carpet I have bought, he said I had rather go to my hatter's first; when the constable came and spoke to me, and said there was a mistake, I said I was

just going; and when I came to the shop the prosecutor said, there was a mistake of two guineas, Sir, says I, I know nothing of it, if you will positively say you have made a mistake, I will lay down the money, and if you find your mistake, I will call for it to-morrow: I sent for my aunt, but she did not come, says the prosecutor to the other man, can you send for any friend, and he sent for this hatter, and the hatter came, and gave him an extraordinary good character, and then the prosecutor said to me, I am sorry you could not find a friend too, so he brought me here; I would have laid down one hundred guineas sooner than have been in prison so long.

Court to Clarke. When you saw him in the street, did he tell you he was coming back? - I do not remember he did, I cannot say he did not.

Did you take the two guineas of him or leave them with him? - He had all his money again.

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

GUILTY .

To be transported for seven years .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17830226-79

238. JOHN WALKER and MARY ROTHWELL were indicted for that they, on the 18th of February last, with force and arms, one piece of copper money, of this realm, called a farthing, unlawfully, and feloniously, did make, coin, and counterfeit, against the form of the statute : and William Rothwell and Sarah Walker were indicted for that they, before the said felony was committed, to wit, on the 18th of February last, unlawfully and feloniously, did council, aid abet, and procure the said John Walker and Mary Rothwell to do, and commit the same .

The said John Walker and Mary Rothwell were also indicted on a third 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 a farthing, unlawfully, and feloniously did make and coin, against the form of the statute .

And the said William Rothwell and Sarah Walker were also indicted on a fourth count, for councelling, aiding, abetting, and procuring the said John Walker and Mary Rothwell to do, and commit the same .

PATRICK MACMANUS sworn.

I went to a court in Little Britain , Mr. Clarke, Morant and me went up the court, and when we came within a few yards, I observed the parlor window was a little raised, Clarke got up to the parlor window before me, and shoved it open and got in, Sarah Walker was in the parlor, I passed through the parlor, and went into the passage, and met a man, and I saw Mary Rothwell and John Walker ; I saw them first in the passage, after I passed the man, she was going up the stairs and I pulled her back, I got them both together, I called for a candle; the man, Walker, said there is a candle below, then I turned them both down, I went down stairs directly, when we went down there was a candle burning, the press fixed, and the dies in it, a quantity of farthings fresh made, and a quantity of blanks, then Carpmeal came down to me; and John Walker turned to me and said, sir, I have lost my watch, says I, you cannot lose it, there is nobody here but Carpmeal, and the woman, and you, and I, says he my watch laid here, putting his hand on the block, which was the block where the press was fixed; so then I went to search his pockets, and the young woman said she hid the watch, and that she had put it in her pocket; and the watch was produced, and she gave it to him; then the rest of the people came down; the hands of Mary Walker were very dirty; and the man's (Walker's); these farthings were found in John Walker's pocket.

CHARLES JEALOUS sworn.

At the time our people went round into the house from Little Britain, I and Peter Senhouse went round through a gentleman's house, they got into the front part, there was a board put against the window, and some mould put over it, like as if it was nothing; and I saw John Walker pull down the front board, which comes from out of the cellar window, he was coming out, I told him to go back, or I would shoot him; Mr. Clarke called down to me, and desired I would come to his assistance immediately, I was going out of the church to come into Aldersgate-street, and I met Rothwell running; I caught fast hold of him, we struggled a good while, he would not go with me, one of Mr. Harris's men came and helped me, he was dressed in a waistcoat which was very black and dirty, and a loose great coat, and a little bit of twine round his hand; I searched him, and found nothing but the case of a pair of spectacles, I left him in custody, and went to the house, I and Mr. Clarke went to the garret, where we found a cutting-out press, a good deal of sissel, that is what the blanks are cut out from; some blanks and some farthings entirely finished, blacked ready to be disposed of: at the side of the cutting-out press, hung up this coat and waistcoat, Clarke said, do you know that, I had seen him in it, or one very much like it, two coats may be alike, and I cannot be positive; Mary Rothwell 's hands were very black indeed.

PETER SENHOUSE sworn.

I was along with Jealous, at the back of the house, and assisted there after they went away; Clarke was up stairs, I got out of the two pair of stairs window, and I found these spectacles on the leads of the church, and I found a farthing on the leads.

(The farthing produced.)

Court. Where did the leads go to? - Between the two roofs; the church window is on one side, this is the top of the church.

Court. How could any body get down from there? - I cannot say.

JOHN CLARKE sworn.

I went with the other officers to execute this information, and when I went into the yard, it is a kind of court that turns out of Little Britain and joins to the church; the parlour window was a little open, and I saw Mr. Walker, on the fire side lay a die where Mr. Walker stood, and another die in the fire a nealing to soften it, the impression was worn bald or faint, then they take out the impression by softening the die and stamp a new impression on it; in the back kitchen where Mrs. Walker's gown lay, underneath was that quantity of farthings, she took off the gown to put it on, and then I saw the farthings; in the cellar was a large press fixed, the dies within, and a candle burning; a quantity of farthings round it, and a quantity of blanks; these are the dies that were fixed in the press, between the dies was this blank; this die was in the fire, and this in the fire place; they are the impressions of halfpence, here is one die that they took the impression off a little, and left part of it on; I suppose that has been in the fire; I went into the garret with Jealous, and found a cutting-out press, and some blanks, and some sessil, and every thing compleat for cutting out there; and against the wall where the press was, there were some cloaths that I verily believe I have seen Mr. Rothwell wear; I observed that some body had made their escape out of the garret window, and I sent Senhouse to see, and he brought me word that he had found one farthing and a pair of spectacles; I went after and examined, and the first window after they got on the leads, which leads into the church, that was open; and there is a pair of steps that leads down into the church, and whoever got out of that window made

their escape into the church; here is a pocket book that was brought from that house, I have had it in my custody twice before, I know it, and the contents, or a good many of them.

Court. Was that pocket book Mr. Rothwell's? - The man is not here that found it.

Court. Then we cannot have that evidence.

(The dies &c. shewn to the Jury.)

JOHN NICHOLLS , Monier of the Mint, sworn.

Proves the farthings to be counterfeits.

Court. Where abouts did you take Rothwell? - By the side of the church a gentleman let us go through his house, I came through his house into Aldersgate-street, and turned to the left to go to Little Britain, I just saw him come round the corner.

Court. Was the church door in Little Britain open? - I cannot say.

WILLIAM ROTHWELL 's DEFENCE.

On the 18th of February, I was going from a shop where I was at work, in Fleet-market, finishing some sword hilts, and at the corner of Little Britain, Jealous laid hold of me, I was running for some more sword hilts; Jealous pulled me about, and would not tell me what he wanted particularly, he forced me over to the Castle and Faulcon: I begged to know the reason, I said I was innocent, he left me, and a considerable time after Clarke came and fetched me out, I was not in this house, and had no concern with it, says Clarke, come along Rothwell, to Bow-street, says he Rothwell, I am surprized you did not hurt yourself, by jumping off the church, I said I do not know what you mean, when I came to Bow-street, I found my daughter and these two people.

Court to Jealous and Clarke. What time of the day did you go into this house? - About twelve o'clock.

WILLIAM MOORE sworn.

I am a master gunsmith, I live in Tottenham Court Road, I have known William Rothwell some years, I have sold goods for him by commission, he is a sword cutler, I was with him last Monday was week, I wanted some sword hilts, to shew for patterns, he shewed me some and they were rusty, I told him they must be cleaned, before I could shew them, I was with him at a work room in Cow-lane, that he has had his goods in some time.

Court. What time of the day was you with him? - The fore part of the day, it may be ten or eleven, I cannot say to the hour, but it was before dinner, I was with him above half an hour, we had a pint of beer, he told me to come the next morning and they should be cleaned, I came the next morning to the same place, and they told me he was gone to clean them, in Fleet-market, I went down there to him, and he was at work cleaning them, that was before nine o'clock, or between nine and ten, I stopped while he cleaned three hilts, I suppose it took him an hour and half, or two hours; he went from there to fetch me some swords, I staid for his coming back, he did not return, and I heard he was taken up.

Court. How was he dressed; - He had a great coat on, when he was at work at the wheel, and I believe he had nothing under it but a waistcoat, and his sleeve was tied up, with either list or garter; he always bore a very good character, I have dealt with him for many hundred pounds.

Council for Prosecution. What hour did he leave you? - About eleven.

What are you? - I am a gunsmith.

Do you know that gentleman there Mr. Clarke? - I have seen him two or three times.

He has seen you I believe, th ere were some disagreeable pieces of iron that you had about you? - He found nothing about me.

Where were the things found? - Clarke knows that best

They were found in Pitt-street, I believe you know what I mean? - I can guess at it, that is nothing at all to me; Mr. Clarke found something that should not be there, that did not concern me.

What were they? - I suppose Clarke knows.

They were dies? - I fancy they were dies, I only saw them at a distance, I cannot remember.

How long is it ago? - Three weeks or a month.

What was you took up for, tell us that at once? - Clarke can tell best.

What was the charge against you, I will tell you for having a number of dies and implements of coining in your custody? - I had nothing to do with the matter any more than you, nor know nothing of it any more than you did.

Was not you sent to Newgate for it? - I was not committed, it was their suspicion, they could find nothing against me, they have law in their favor.

Does not Rothwell work in Cow Lane? At times he does, he went to a shop in Fleet Market, to a lathe of his own.

Court to Clarke. Look at that man, Mr. Moore, what do you know of him.

Mr. Clarke. I know of him, it is not once, twice, or ten times, I may say, I observed to him, as I will in the publick court; I never in my life received an information.

Court. I think you are not at liberty to impeach the credit of this witness, by going into particular facts. What is his general character.

Mr. Clarke. He is in the same business as thedie sinkers, what I have heard of him.

Was he ever committed to Newgate for any offence? - He was on suspicion of coining.

SARAH BAKER sworn.

I met Mr. Rothwell on Tuesday week in Hosier Lane, he was going to Smithfield, it was between ten and eleven.

SARAH WALKER 's DEFENCE.

I go out a washing and ironing, and such as that, I was very ill, and I was not concerned at all in it.

Mr. Clarke. The prisoner Mrs. Walker said it was her house, and she said she let the cellar to Mr. Rothwell, that was her express words before fifty people.

PRISONER JOHN WALKER 'sDEFENCE.

It is my house, I let it to Miss Rothwell here, I took the house of Mr. Ward, in Newgate Street.

J. WALKER, M. ROTHWELL, and S. WALKER, GUILTY .

To be fined 1 s. and imprisoned 12 months in Newgate .

WM. ROTHWELL, NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-80

239. JOHN CARWICK was indicted, for that he, not being a person employed in the Mint or Mints of our Lord the King, in the Tower of London or elsewhere, nor being a person lawfully authorised by the Lords Commissioners of the Treasury of our Lord the King, or the Lord High Treasurer for the time being, after the 5th of May, 1697, to wit, on the 12th of February last, with force and arms, one mould, made of sand in and upon which then and there was made and impressed the figure, resemblance and similitude of the headside of the lawful silver current coin of this realm, called a shilling, without any lawful excuse or sufficient authority for that purpose, knowingly, feloniously, and traiterously, had in his custody and possession, against the duty of his allegiance, against the King's peace, and against the form of the statute .

The witnesses examined apart at the request of the prisoner.

WILLIAM SEASONS sworn.

On the 12th of February last, I went to the prisoner's house in Fryer's Alley , in consequence of an information, a little girl opened the window, she asked who I wanted,

I said Jack Rhimes , for Jack's mother kept the house; she said, he was not at home, I told her I was sure he was, because he appointed me to come there, I desired her to open the door, and not be afraid for nobody was there but myself; she said she would not open the door; I jumped in then at the window, and unlocked the door, and let in the other officers; they were Kippen, Denmore, Isaacs, and others; I went up one pair of stairs, and that door was fast, then Isaacs called out, we have got one of them; I left that place, and went into the house the next door to it, where they came through, when I had just got into the other house, they said again we have got another; I then saw the man that I looked upon to be the Landlord of the house and a woman, I cannot tell his name, he will be here; I found out the place where that man and woman came in, when I was on the ridge of the house, I observed the mark of a foot in the gutter, I slid upon my breech down the tiling which was pretty steep, I saw at the end of the gutter a chimney, where a brick had been lately broke from, I clapped my foot upon the chimney, and looked into a window which belonged to the back room of the next house; I then went to get into the window, and found Lacy there before me, who helping me on, it being very steep, I went to the fore room, and there was a fire in a stove; I found two pair of flasks, one of which appeared to be warm and sand, and the candles, were smelting, dies; and two bags of facings, and a number of crucibles and charcoal; I saw Denmore take a number off patterns of a table: when I was in that room, one of the men that were with me, says, Seasons shall they come up for their things, I said by all means, and Parker or the prisoner came into the back room, that they made their escape from, and took a pair of shoes and buckles; and they then said they were too late, there was nothing that would convict them.

Court. Can you take upon yourself to swear whether it was the prisoner or Parker? - The prisoner at the bar I am sure.

Because at first you expressed some doubt whether it was the prisoner or Parker? - I am almost sure, I can take upon me to swear it was him.

But do not stretch? - I am sure, it was him; the things in the room appeared to be filled for coining lately, but were shook out.

Court. The sand was not in the flask when you found it? - No, there was a great deal about it, but it was knocked out; there were 200 people, and the alley was full.

THOMAS ISAACS sworn.

I went to this house in Fryer's Alley, Seasons got in, and I went up stairs, and heard some people cry out that were in the next house; I ran up stairs immediately and seized upon Parker, I brought him down, and then we brought the other down; then they desired to go up into the room for their cloaths.

Into what room? - Into the room where we found the implements.

Who desired? - Both of them.

Are you sure the prisoner desired? - Yes, I had a pair of shoes and buckles in my hand, and I put them there purposely, and Parker asked for his shoes and hat, and then there was a stick that Parker said was his.

Court. Where did you first see the prisoner? - I believe it was in a two pair of stairs room in the next house.

JOHN DENMORE sworn.

I went to this house with Seasons, and the other officer, and when we got into the room, I found a quantity of shillings, but what use they make of them I cannot tell; and a large piece of metal, what it is for, I cannot say.

Where did you take the prisoner? - In the alley or court.

What in the alley? - I was not in the house where they was at; I was in the open house where they came from.

Where did they come from? - Out of the next house; I found the metal in the room where the prisoner requested to go up.

Who requested? the prisoner? - Both of them.

What did he say? - He wanted to go up stairs for something; the other particularly wanted his hat and shoes; I do not know what the prisoner wanted to go up for; he said he was in the house.

Who said he was in the house? - The prisoner there.

Court. What did the prisoner tell you he was in that house? - He said he was afraid of a press gang when the door was knocked at first.

Court. What did the prisoner say so? - Yes, my Lord, and before the magistrate he said so openly.

Who was the magistrate? - Mr. Justice Blackborow.

Jury. He says that the prisoner at the bar acknowledged he came out of that house; what house? - The house where we found these things, up in the two pair of stairs, he said he came there to see a person, and when we were knocking at the door to get the door open, he thought it was a press gang.

Did he say so when you first took him? No.

Did he claim any thing in the room as his property? - No, I do not remember he did.

Court. Parker said he wanted to go up for his shoes and hat? - Yes.

What did the prisoner say? - I cannot say that he particularly wanted to go up so much as the other did; I cannot rightly recollect in the hurry of getting in.

This man you say asked to go up stairs, what did he say? - The other asked for his hat and shoes, I do not recollect that this man asked for any thing.

What did he want to go up stairs for? I do not know indeed.

Court. In what words did the prisoner ask to go up stairs? - I believe it was the other that particularly asked to go up.

Upon your oath did this man at the bar ask to go up stairs.

Council for Prosecution. My Lord, I will not keep up this business.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-81

240. JOHN CARVICK was again indicted for that he on the 12th of February 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 shilling, falsely, deceitfully, feloniously, and traiterously did counterfeit and coin against the form of the statute .

A second count for coining a sixpence.

This depending on the same evidence the prisoner was ACQUITTED .

Reference Number: t17830226-82

241. JOSEPH STERMER was indicted for feloniously stealing on the 22d of February last, one wooden firkin, value 6 d. and 56 lb. weight of salt butter, value 20 s. the goods of Thomas and Leonard Bell .

LEONARD BELL sworn.

I lost a firkin of butter from my shop in Whitechapel , and was informed the prisoner stole it, it was marked Laycock, it stood at the back door of the shop, with two more.

JOHN STOWERS sworn.

I saw the prisoner with a firkin of butter, and Mr. Bell's mark on it, I asked him where he was going with it, and he said to No. 39, St. Martin's Le Grand.

THOMAS BUTT sworn.

I am a constable, I apprehended the prisoner with the firkin of butter, and carried him before the Lord Mayor who committed him.

(The firkin and butter deposed to.)

GUILTY .

To be twice publickly whipped and discharged ,

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

Reference Number: t17830226-83

242. JOSEPH FARRINGTON was indicted for feloniously stealing, on the 27th of February last, a green shag waistcoat, value 12 s. the property of Thomas Nicholls .

THOMAS NICHOLLS sworn.

I live at No. 6, Houndsditch , I lost a green shag waistcoat, on the 27th of February last; I only prove the property.

ROBERT GARDNER sworn.

I saw this waistcoat in Mr. Nicholls's shop on Thursday last, at nine in the morning; I afterwards saw the prisoner run down the street while I was having my hair dressed, and he dropped the waistcoat opposite the hair dresser's window, Mr. Nicholls's boy pursued the prisoner, and picked up the waistcoat, and gave it to his Master.

JOSEPH BENNETT sworn.

I saw the prisoner take the waistcoat from off a line in the shop window.

(The waistcoat deposed to.)

GUILTY .

To be publickly whipped and discharged .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17830226-84

243. CHARLES LAWRENCE BAREW , otherwise BARROW , was indicted for feloniously stealing, on the 6th of December last, twelve chip hats, value 6 s. six other chip hats, value 10 s. and four yards of Persian silk, value 10 s. the property of Gedeliah Gatfield and Thomas Wilson .

GEORGE BAGE sworn.

Do you know the prisoner? - Yes.

Was you with him on the 6th of December? - Yes; I was at the White Horse in Covent Garden, the prisoner came and asked me to take a walk, we went down Southampton-street, and when we had got about fifty or sixty yards, he met with a boy; he said, here he is; what conversation passed between them, I do not know, but when we came to Northumberland House , I saw the boy take the box from his head, and the prisoner look at the direction; he came to me, and said, I have got it out of the boy where it is going to, and you must say, he must go back; accordingly I did, he followed me at a distance, and I asked the boy, whether that box was not going to such a place; he said, yes, says I, you must put it down and go to your master for some more, the prisoner at the bar saw the boy put it down, and he took the box away from me, and he said, let us go to the public house; we went to one in Newgate-street, he said, here is too much company here, he took the box home to No. 8, in Cumberland-court, Drury-lane; there he cut the band that tied the box, and I saw there was twelve large hats and six small ones, I saw a bill of parcels among the hats, wherein it expressed, there were eighteen hats and four yards and three quarters of Persian; I said, what is become of the Persian? I judged he had secreted the Persian; two of the hats my wife gave away, and the rest I sent to Bow-street.

How near was he when the boy delivered the box to you? - About twenty yards, it was quite dark.

Prisoner's Council. So when you had persuaded this boy to part with the box, and put it down, he went away, and after that it was, that Barew came up? - Yes.

It was dark, you say? - It was.

In what situation are you at present? - What situation! I have a small matter to live on, thirty pounds a year.

How did you get at it? - I have it from a paper mill that my brother keeps.

Was that paper mill when you was in the army? - That is no rule.

How many regiments have you deserted from? - That is not what I came upon, that business I will not tell you.

Then you only acknowledge to have deserted from one regiment? - That is no rule, I am come here on facts.

How long ago was it that you made this desertion, will you tell me that? - No, I will not.

Are you a married man or single? - That is no rule, I am not a married man.

How came you to say you had a wife just now? - I suppose I have a companion the same as other people may have.

I suppose that is of a piece with all your other evidence. - I have no business to tell you.

The case is then that you have no wife; how long may you have been acquainted with Barew? - Too long; thirteen years.

And you met together at the public house this night? - Yes, we have met together twelve or thirteen years ago about business that has not been very reputable, and I have shifted my lodgings many times to get rid of him.

Well, now Sir, one question if you will resolve me, you will oblige me, merely to satisfy my curiosity; how came you to be struck with such compunction as to send to Bow-street? - I will not tell you.

Then I am to seek in vain for the principle of your compunction? - Yes.

That I took for granted when I first held conversation with you: what sort of night was this? - I cannot say what sort of night, whether it was a rainy, or a fair night.

What conversation did you hold with this little boy? - Only just took the box, and I told him to put it down, and to go back again, and make all the haste he could, the boy pitched the box down and set off about his business, then when the prisoner saw the boy set the box down, he came up; whether the boy saw him or not, I do not know.

Court. There was something about these hats being sent to Bow-street, you must tell me about that, though you would not tell that gentleman; how came you to send them to Bow-street? - I was taken into custody, not for this charge, upon that I told them I wanted to be rid of the acquaintance, and this was the only way I could discharge it.

So your dislike to your acquaintance commenced upon your being taken into custody then? - No, it was not upon that, it was upon something else, it was about the desertion that has been mentioned.

Prisoner's Council. So you amuse yourself now and then with stealing hats? - I could not help it, I happened into this company at first.

You seem an older man than the prisoner, did the young man lead the old one astray, or the old one the young? - I do not know, I believe his character is pretty well known.

JOHN NICHOLAS WALTER sworn.

I am servant to Mr. Thomas Wilson and Gedeliah Gatfield; I was sent with a parcel, and pasling near Hungerford-street, I was accosted by a man, who asked me, if my name was not Billy Cox; I think he is most like the prisoner at the bar; the box was directed to Mr. Cuthbert at Hadley, we crossed the way together, he wished me a good night, and I saw no more of him: when I came to the Crown in Princes-street, I saw another man, and he said, had not I got a box directed so and so; and I said, I had, and he bad me put it down, that is most like this person Bage.

Did you see any body near when you delivered it? - I did not take notice, I cannot say to the contents of the box.

Prisoner's Council. Little lad, what time in the evening was it when you first met the person that asked you the question? - About six or a little later, it was dark, I walked with him as far as Northumberland gateway; I shewed him the direction, he went up the Golden Cross gateway and wished me a good night; I think it was about a month or more before we heard of the hats again.

Did you give an account of that robbery that night? - I did not give them an accurate account, I was afraid.

You did not give them any description of the person? - No.

Where were you carried? - I went to Bow-street, there I saw Sir Sampson Wright, but I did not see the persons, neither of them, I saw them both the second time.

What message was brought you when you was told that you should see the robbers at Bow-street? - I was told I was to go to Bow-street.

What for? - About these persons, I expected to see them, when I came there, I was shewn them.

What these men? - Yes, the second time.

And then you thought they were the people that had served you this trick? - I was desired by Sir Sampson Wright to look round the room, and tell which was the man.

It was darkish when you was accosted by the first man, it was still darker when the second spoke to you? - It was lighter by the lamps in the gateway of the inn.

Court. There was light enough for the man, whosoever he was, to read the direction.

How many persons were there in the room? - I think there were about a dozen.

GEDALIAH GATFIELD, sworn.

I live in Newgate-street, my partner's name is Thomas Wilson , I sent a parcel by the last witness on the 6th of December, it contained the things mentioned in the indictment, they were my property, and my partner's; I have seen the hats since, I had a message from Bow-street about a month since, I was informed that there were two people taken up, and one of them had made a discovery, I went with the boy to Sir Sampson Wright, he examined the boy, and made some minutes, and we came away, he said I will send and let you know, and will be obliged to you if you will come up when the man is here; I went again with the boy, and there was some of the goods, he desired me to look them over; in one of the hats there was my mark, the chip hats were not marked, I cannot swear that they were packed in that box, because the same hats are in all the haberdasher's shops, one of the hats had my mark, I am quite sure that one was mine.

Prisoner's Council. When he came back he did not give you any accurate account of this transaction? - He said a gentleman desired him bring a dozen more, and that he bad him put down the box.

Did he say what sort of person? - He said he was quite a gentleman, and had a drab coat on and boots, and a whip or a stick in his hand, so I sent the porter back with him.

Court. Did the boy mention to you the circumstances? - He mentioned to me all the circumstances he has told now, he was very accurate in what he said, the hats were left in Bow-street.

Court. Where did you see that hat that was marked? - In Bow-street.

Was this prisoner there then? - Yes.

Is there any body here that can say where these hats were found, and how they came to Bow-street? - I do not know any thing of it.

Court to Walter. Are you sure the elderly man, the witness, is the man that took the box from you? - I think he is, I cannot swear to him.

Are you sure that the prisoner is the man that looked at the directions? - I am not sure to him any more than the other, I believe him to be the man, but I am not perfectly sure.

When you first saw him, did you say that you believed him to be the man? - I expressed a doubt as I do now, he had a round hat on.

PRISONER's DEFENCE.

Bage has been evidence for the crown twice before now, he swears against me because I would not assist him with a sum of money, I have had a writ against him for this six months, and never could appre hend him, it is nothing but mere malice, I beg my witnesses may be called.

Prisoner's Council. It is better for you not to examine those witnesses.

Prisoner. I leave it to my council.

Court. Gentlemen of the Jury, where more persons than one confederate together to commit a felony, every one of those persons who is present to give assistance at the time the felony is committed, is equally guilty; where more people than

one go into a shop to steal goods, one person alone steals them, but the rest are all guilty: In the same manner, where several persons go together to commit a burglary, and some of them enter the house, and others stand at the door, and never go into the house, in point of law, the persons who stand without, and are ready to aid and assist those that go in, are considered equally guilty of the capital part of the offence. The difference between aiding and abetting as accessary or principal, consists in being present or not. You will observe likewise that with respect to the evidence of accomplices, though the law admits, for the sake of detecting offences, an accomplice to be examined under certain circumstances, yet the humanity and wisdom of the law will not permit any man to be convicted upon the single evidence of an accomplice unconfirmed by other material facts, let that evidence be ever so strong, for such a person is not deserving of that degree of credit, that upon his single testimony any man's life or liberty should be taken away; that being the general law with respect to accomplices, I think it but justice to the prisoner to add, that I have seldom seen an accomplice in a court of justice that deserves less credit than Bage.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-85

244. SARAH AULT was indicted for that she on the 9th of February last, one piece of false, feigned and counterfeit coin, of the likeness and similitude of the good legal, and current money of this realm, called a shilling, unlawfully and deceitfully did offer, knowing the same to be false, and counterfeit .

Another Count for uttering a 6 d.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830226-86

245. MARY TUFF was indicted for that she, on the 8th of February last, unlawfully, feloniously, and designedly, did obtain from Stephen Kempton , under false pretences, the sum of four guineas, his property, with intent to cheat and defraud him therof .

The prisoner pleaded GUILTY .

To be confined to hard labour six months in the house of correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830226-87

246. WILLIAM DUBOIS was indicted for feloniously receiving, on the 23d. of January last, five pint pewter pots, the property of Robert Huller , well knowing the same to have been stolen .

(See No. 202.) GUILTY .

To be confined to hard labour two years in the house of correction .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: o17830226-1

Dr. Daniel Macginniss was called to the bar.

Court. Dr. Macginniss, upon a representation of your case to his Majesty, in pursuance of a reference for that purpose, his Majesty has been graciously pleased to extend his mercy to you, and to grant you his pardon, on condition of two years imprisonment in Newgate, from the date of that pardon; are you willing to accept his Majesty's pardon on those conditions?

Dr. Macginniss. God bless his Majesty! I am satisfied with any thing his Majesty is pleased to do.

The pardon read.

Court. The prisoner having accepted the condition of his Majesty's pardon , let him be imprisoned in his Majesty's Gaol of Newgate, for two years from the 14th of February last , the date of that pardon.

Reference Number: s17830226-1

The Trials being ended the Court proceeded to give Judgment as follows.

Received sentence of death, 6.

Edward Muslin , Thomas Hughes , George Clare , James West , Edward Wootton , Michael Knowland .

Transported to America for seven years, 18.

Charles Stokes , Philip Gibson , John Murphy , Joseph Pentecross , Samuel Wallis , Thomas Hammond , John White , Thomas Dudfield , Hart Levy, Samuel Read , David Kilpack , William Blatherhorn , Daniel Bayly , Charles Thomas , William Lacey , Thomas Bryan , Samuel Lemon , Lawrence Barew .

Imprisoned in Newgate twelve months, 3.

John Walker , Mary Rothwell , Sarah Walker .

Imprisoned in Newgate one month, 1.

Benjamin Palmer .

To be confined to hard labour two years in the House of Correction, 1.

William Dubois .

To be confined to hard labour twelve months in the House of Correction, 6.

Sarah Boyd , Sarah Hart , Mary Weston , William Figes (he is to be publickly whipped), Mary Willis , Margaret Beale .

To be confined to hard labour six months in the House of Correction, 13.

John Calder , Rebecca Dakin , Jane Burgess , Elizabeth Hart , Jane Barnes , Ann Morris , Jane Brooks , Mary Brundiff , Elizabeth Brown , Elizabeth Brown alias Lyons, Walter Malone , Mary Brown , Mary Tuff , Mary Kendall .

To be publickly whipped, 11.

William Wills , Joseph Stermer , Joseph Farringdon , William Ellis , Benjamin Harbutt , John Grew , William Figes , John Bacon , Robert Roberts , Thomas Miles , John Robinson .

Sentence respited till next Sessions, 1.

William Holford .

Reference Number: a17830226-1

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

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Reference Number: a17830226-2

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

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Reference Number: a17830226-3

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 at Law, &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: a17830226-4

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

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Reference Number: a17830226-5

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

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Reference Number: a17830226-6

Trials at Law, Arguments of Counsel, &c. carefully taken in Short-Hand, and copied with Dispatch by E. HODGSON, Writer of these Proceedings, No. 35, Chancery Lane.

Short-hand taught at Home and Abroad.

This Day is Published, Price 2 s. 6 d. the Second Edition, with Additions, of SHORT-HAND on an IMPROVED PLAN; The Alphabet consisting of Sixteen Characters only, by E. HODGSON.

Sold by J. WALMSLAY, No. 35, Chancery Lane, S. BLADON, Pater-noster Row, and J. CLARKE, Portugal-Street.

N. B. This Book, which contains also an Explanatory Copper-plate is a sufficient Instructor of itself, but if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.


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