Old Bailey Proceedings, 30th April 1783.
Reference Number: 17830430
Reference Number: f17830430-1

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 30th of APRIL, 1783, and the following Days,

Being the FOURTH 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 IV. 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.

[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.

BEFORE the Right Honourable NATHANIEL NEWNHAM , Esq; LORD MAYOR of the City of London; The Hon. Sir GEORGE NARES , Knt, one of the Justices of his Majesty's Court of Common Pleas; The Hon. Sir JAMES EYRE , Knt. one of the Barons of his Majesty's Court of Exchequer; The Hon. JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First London Jury.

William Felton

Thomas Atterbury

Simon Earle

William Hoare

William Simpson

William Sewell

Joseph Aldin

Samuel Austin

John Addison

Joseph Wilson

Benjamin Shone

William Giles

Second London Jury.

Robert Grubb

Henry Hardy

James Springall

Samuel Thatcher

Enos John Penneger

John Blandy

Windham Knatchbull

William Cogger

Thomas West

William Curling

Robert Edmeads

Edward Good

First Middlesex Jury.

Avery Vokins

James Wilson

John Poole

James Eves

John Butler

Francis Wright

William Gilleroy

Thomas Burt

Thomas Sanders

Thomas Hunt

John Johnson

George Twigg

Second Middlesex Jury.

John Cartwright *

* John Johnson served sometime on this Jury, in the room of John Cartwright .

John Young

John Burne

William Scott

Jeremiah Church

George White

John Cowey

Alexander Lowe

Joseph Staton

Richard Cust

Henry Doughty

Henry Nash +

+ Henry Wilson served part of the first day, in the room of Henry Nash .

Reference Number: t17830430-1

247. RICHARD JENNINGS was indicted for feloniously stealing on the 28th of December , six weather sheep, value 6 l. the goods of Bright Hemming .

The Prosecutor not appearing the prisoner was ACQUITTED .

Reference Number: t17830430-2

248. WILLIAM NASH was indicted for feloniously stealing on the 5th day of February last, two hundred gallons of beer called porter, value 6 l. the goods of Thomas Buzzard , in the dwelling-house of William Nash .

JEREMIAH HART sworn.

Do you know Mr. Whitbread? - Yes, he is a porter brewer.

What is the prisoner? - I do not know.

Where does he live? - In Laystall-street ,

Mr. Whitbread had a store cellar there, I do not know what number of butts he had.

What do you know of the losing of beer? - Only I went to examine a stair-case of the dwelling-house of the prisoner, and I found the first stair would take up and down, which was very evident, because it caused a friction; at the other end there was a piece of a ledge lay, and this stair used to draw away, and two new nails were put in which had been lately done to take in and out, the first raiser and first step would come up together; somebody had frequently been down, therefore the edge of the butt, and the very hoop was polished bright, by rubbing upon the edge of the cask, which was under that part of the stair-case.

Court. Was there room for a man to go down after the step that was loose was taken out? - Yes, a man bigger than me went down after it was taken out.

What does the family of the prisoner consist of? - I know nothing of his family, I saw him at the house when I went to examine the stair, that was the first time, I said nothing to him.

Prisoner's Council. You know nothing at all of the beer in the cellar? - I know there was beer there.

Do you know there were butts there, you cannot tell how long this step and raiser had been before it was removed? - No.

It might have been eight or nine months? - No, Sir, not as long as that, there had been two fresh nails in.

You mean there had been nails put in since the stairs had been first built? - Yes.

But how long they had been there you cannot say? - No.

They might have been there eight or nine months? - No, not two months.

Can you swear they might have been there only two months? - They might or might not.

JOSEPH JACKSON sworn.

I am clerk to Samuel Whitbread , Esq. this is a double cellar, in one there is about twenty butts, and the other about thirty; I know the prisoner, he lived in the house over the the store cellar.

Has he any lodgers? - None at all.

Any servants? - Nobody in the house but his wife and child.

What observation did you make about this way into the cellar? - I went in with the cooper, and we examined the cellar, and found a board that had been frequently rubbed, and it was rubbed quite bright, by frequently moving, and there had been a communication from the house down to the butts, and all the butts there were part drawn off.

What quantity of beer was taken from each? - From some a barrel, some more and some less.

Upon the whole how much? - Two hundred gallons, there had been water put in, but it did not incorporate with the beer. (A vial of water produced.) This is the top of the butt; (another vial produced with water and beer, and a third with porter.)

That was not the colour of it, when it was put in? - No; if it had been started with water in it, it would have all mixed together.

Whose beer was it? - It was the property of Thomas Buzzard , it was in our care and and cellar, but we have a rule of starting beer, and charging it to our customer, though he do not pay for it till it is carried to his own house.

Court. You carry beer out from your brew-house to particular cellars, and appropriate that to particular customers, suppose it is not sent into their house, are they liable to pay for it? - I believe they are.

Why do you believe that, did you ever know an instance of it? - No.

The customer assents to that charge? - Yes, and it is entered in his books, as well as ours.

Prisoner's Council. I think you said Mr. Jackson, that this was Mr. Whitbread's beer? - It is the property of Thomas Buzzard . It is in our care till we deliver it to Mr. Buzzard.

You was saying that if the beer had been started and put in that cellar with the water in it, it would have all mixed together, how do you prove that, will not the heaviest body sink to the bottom, is it not a general

rule without exception for bodies of the greatest gravity to sink to the bottom?

Council for the Prosecution. Do you think the beer is heavier than the water? - Water is the heaviest a considerable deal.

Court to Mr. Jackson. Do you happen to know from any experiment with respect to beer in particular whether water is the heaviest or beer? - Water.

Council for the Prisoner. Have you ever tried the difference? - I have, every but that this beer was in was bored.

Do you know by your own knowledge that this cellar door was open or not? - I was informed by one of our people, that it was once open.

Court. How long had this beer been in that store cellar? - About ten or eleven months.

Had the prisoner lived in the house all that time? - Yes, he had.

How do you happen to know what his family consists of? - When I went to search the house, I found nobody in the house but his wife and child, every room in the house was empty except the ground floor.

Had you ever any conversation with the prisoner himself, about this step or stair? - No.

I think you said that you observed the step moveable, so as to make a communication between the house, and the cellar? - The chain hoop of the butt that stood under the stairs was polished very bright, and between the cellar door, and the place where the cellar was locked, there was a girder that run under the cellar, and it was impossible for any man to get into the cellar without rubbing against it, and all the cobwebs were brushed off from the stair-case.

From drawing off the water at the top of the casks, could you form any judgment of the quantity of beer that had been drawn off? - When we came to the beer that had been separated from the water, we estimated it about two butts, or two hundred gallons.

What may the value of that be? - About six or eight pounds.

Did you try the tops of those butts, that stood nearest the cellar door? - All of them.

PRISONER's DEFENCE.

Mr. Jackson was not at my house till three or four days after, when the others had done what they pleased.

Prisoner's Council. I have witnesses to shew that the cellar door was open.

ELIZABETH MORGAN sworn.

I know the prisoner, I never observed a cellar door in his house but one next the street; I have observed that open several times, I cannot say when it was open the first time, but I have seen it open before Christmas.

Do you live in that neighbourhood? - I do not, I serve the prisoner with meat and butter, I was frequently at the house, his child was very bad, and out of gratitude, I sat up with the child, and I have seen the cellar door open night and day, when sent out at a eleven o'clock at night to get a bit of stake for our supper, and to fetch beer.

Council for the Prosecution. How many times have you seen it open? - Many times.

Did you ever go down? - I did not look down.

Not even look down? - No.

Did you tell the prisoner? - Yes.

You did not tell Mr. Whitbread? - No, Sir, I did not know him.

Did you tell the watchman? - I did not know any thing of any watchman.

Court. You say you saw this often open both night and day, for weeks together? - I saw a hasp on it, but I never saw a lock to it.

I think you was describing it as open? - It was flapping to and again.

Both night and day? - Yes.

As far as you saw it, it was always open, you never found it shut? - I never looked to see whether it was shut.

But you looked to see whether it was not shut? - I pushed by it, then it must be open.

As far as you observed, it was always open? - I shoved by it, but I did not know whether it was open or shut, but when I shoved by it, it must be open.

Did it open outwards or inwards? - Towards the street.

It stood open night and day? - I have seen

it open every time, I have gone by with my load several times.

As far as you observed it, it was always open? - It was not my business to see, but when it was open I shunned by it.

Court. What you was afraid to push it to? - I had no right to shut it.

Court to Mr. Jackson. What sort of a door is this? - There is a flap and a door, the same as a house door, it opens outwards.

Was it open night and day? - The lock was off, but no great while; and during that time there was a nail put in it, as soon as I heard it was open, and that there was no lock upon it, I sent a lock.

Do you know how long that was the case? - I do not.

Court. Was there no way down from the door to get at these things, but where this was moved? - There is a wall all round the cellar, there was no other way to come to it but where the step was moved, and from the street door.

MARGARET ANTHONY sworn.

I know the prisoner, there came a man one night, and opened the cellar door, we lived right facing the prisoner, and the door used to flap backward and forward, frequently with the wind in the night; and when there was a piece of work about the houses where we lived, and the right heir came, we were obliged to move; somebody came and opened the lock, and I told the prisoner that there was a man had unlocked the padlock, and left it hanging in the staple, says I, I will call Stop thief! he said it was nothing to me; this was after Nash had been taken up, and bailed; I desired to have a lock put on, and then they fetched the landlord Mr. Clarke, and he put on a small lock, like the lock of a sugar cannister.

JOHN POOLE sworn.

I am a carpenter, I saw the step after they had knocked the step up, they had broke part of it.

Can you say whether that step had opened from the top side or the bottom side only? To the best of my knowledge, that step had not been opened for some time.

Five or six months? - It did not appear to me as if it had been opened, only by their knocking it up.

Was there any visible marks of that step having been wrenched up from the other side? - No.

Could that have been forced up from the other side? - It did not appear.

Could it have been taken up without the mark of a chissel? - Not that I know of. I have known the prisoner two years, a very honest sober just man as ever I knew, he is a bricklayer and plaisterer, and works hard for his living.

Court to Mr. Poole. When did you see this step? - Just after these gentlemen had knocked it up, it was fresh broke by their knocking it up.

Who told you it was by their breaking it up? - So the prisoner's wife told me.

Court. Suppose it had been made loose on purpose, and nails put in loose, would a chissel have been necessary? - They was not nails that was moveable for that use. I took notice of the step when I looked it over.

(The step produced.)

Court. How came it fresh broken? - The bit was out before I had any thing to do with it, I did not take it up at first.

Mr. Jackson. I was at the taking it up, I was within the house, and our cooper was below, and he pushed it in, but whether that bit was slipped off by this na il or no, I cannot say.

Court. Then that nail was so fast as to break out that bit of wood? - It all came together, the whole step.

Court. The whole step, the upright, and the horizontal? - Yes.

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

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-3

249. WILLIAM COOLEDGE was indicted for burglariously breaking and entering

into the dwelling-house of the Right Hon. Jeffery Lord Amherst, on the 15th of April instant, and stealing therein one cloth great coat, called a box coat, value 40 s. and one other cloth coat, value 30 s. the goods of the said Jeffery Lord Amherst .

RICHARD GROOMBRIDGE sworn.

I am second coachman to Lord Amherst, I missed two great coats, a box coat, and a surtout coat, in the evening of the 15th of April, when I went to bed; one was my fellow servant's coat, and the other was mine, one hung up in the room on a peg, and the other laid on the bed; there are two beds in the room, I sleep over the stable, I cannot say who stole the coats, I went to bed at eleven, I had been in the room at three in the afternoon and the coats were there then.

Court. I suppose the room in the day time is not locked? - Yes.

How many keys are there? - Two keys.

Who keeps these two keys? - My fellow servant's key is hung up in the stable, and the other I had in my pocket.

What other servants sleep in the same room? - My other fellow servant, the first coachman.

Any body else? - Only we two.

Are there any helpers in the stables? - No, sir, all done by us two.

Where was your fellow servant that day? - He was in the country with my Lord.

Was your stable door locked or not locked? - Locked to the best of my knowledge, I had usually locked it.

Can you say whether the door was locked when you came home at night? - To the best of my knowledge it was locked, I put in the key as usual, my room door was not locked.

Do you know who stole these coats? - I am innocent of the affair, I was discharged from the Compter but was turned away partly through this affair, though I was going to leave his Lordship's service.

JOHN WILLIAMSON sworn.

I live in Prince's-street, St. James's, I am my Lord's taylor, I made these coats.

DENNIS M'DONALD sworn.

About a quarter before ten I was going home by the Seven Dials, and I saw the prisoner at the bar in Earl-Street, going with this bundle, I asked him what he had there, and he threw it down and ran away, and this young man ran after him and brought him back; another man who was with the prisoner, threw down the other coat that was in a bundle tied up, I took up the other bundle also; these are the same coats.

(The coats deposed to by Mr. Williamson.)

JAMES LAYLOCK sworn.

Macdonald and I was coming out of a public house, and the prisoner at the bar and another was going by; Macdonald said to me lay hold of that fellow, and he threw down the bundle and ran away about 26 yards; I ran after him and caught hold of him, I asked him what he had in the bundle, he said a great coat; I asked him whose it was, he said his own, he never was out of my sight.

PRISONER's DEFENCE.

I had been at work all day, I am a shoemaker, an apprentice, and my father was dying, and my master gave me leave to go and see him, and as I was going to Compton-street, from St. James's, there was a Gentleman's servant standing in a silver-lac'd hat, with these two bundles, and he said to me, my boy says he, carry these down Monmouth-street, and I will give you two-pence, I said I was not going to Monmouth-street, he threw down the bundle and ran away, if I had ran away first, you know gentlemen they would have caught him; I have my master at the door.

JOHN MOORE sworn.

The prisoner went from my house about half after nine, and I wanted him to stay longer at work, and he said he would go down and see his father who was very ill, I am a shoe-maker, the prisoner works with me in Peter-street, he is my apprentice, he is about nineteen, he had been at work all that day, till half after nine at night.

MARY PALMER sworn.

I am a distant relation of his, I live in Parker's-lane, at Mr. Cook's, I went to his Master's house on the 15th of April, and told him his father was very ill, it was then half after nine, and he was at work, and before ten I heard he was in this trouble; he had no coat on when I went to him, his father is a wood chopper.

The prisoner called another witness who gave him a good character.

Not guilty of the Burglary, but guilty of stealing only .

Transported for seven years .

Tried by the first Middlesex Jury before Baron EYRE .

Reference Number: t17830430-4

** WILLIAM HERBERT was indicted for feloniously stealing on the 26th of February last, one linen handkerchief, value 1 s. two linen stocks, value 2 s. one pair of cloth breeches, value 5 s. one pair of black silk stocking breeches, value 6 d. one pair of silk stocking legs, value 1 s. two linen shirts, value 3 s. a printed bound book called a Common Prayer Book, value 1 s. and one cloth coat, value 10 s. the goods of Thomas Orton .

THOMAS ORTON sworn.

I live at the Cock, in Oldstreet-square; I know the prisoner, I was coming from Windsor-town, and the prisoner and me put up together at the George and Cock in the Haymarket ; and we laid together that night, it was the 9th of February, I cannot remember the day; I met with him by getting up on the top of the coach in the road where he was, I had a bundle of cloaths in my hand, I missed my things, the next night we laid together, and breakfasted together, and then took a walk, I gave my bundle to the landlord about eight or nine at night; the prisoner wanted to stop two young men that were with me, and we went a little way, and when we returned back, he was gone.

Court. Was he present when you left this bundle with the landlord? - Yes; when we came home the two young men and me went to the Inn to fetch the bundle, and he had been there about ten minutes before, and said he was come for his brother's bundle; his brother was going by the coach; the landlady gave it him; three parts of my things are here.

MARY BEAVEY sworn.

I keep the George in the Haymarket, I remember the prosecutor and the prisoner coming to my house, and laying there the latter end of February, but I cannot recollect the day of the month; I remember they both had a bundle, there was two bundles, and each of them gave my husband the bundle when I was in the bar, and I gave them again to the prisoner at the bar; he came and asked me for them both, he asked me for his brother's bundle and his too, there were no other bundles.

FRANCIS HUMPAGE sworn.

I am a servant to Mr. Newport, keeper of New-Prison, I was at a public house in Covent-Garden; I think it was the 10th of March, and I hear'd the cry of Stop thief! I went out directly and there were a great many people running, I ran after them, and at the Adelphi, in the Strand, the prisoner was stopped, and the prosecutor said he was robbed and brought the prisoner to Row-street, and there he owned that he had the cloaths, some of them pawned, and some at his lodgings in Bread-street.

Court. What you taxed him with it, did you? - Yes, I went to his lodging, and found some of the things which are here, two pair of breeches, two shirts, and a prayer-book, one pair of silk stocking legs in the pocket, here is a coat which was at the pawnbroker's, the pawnbroker is not here, here is no handkerchief nor stockings.

(The things deposed to by the prosecutor.)

PRISONER's DEFENCE.

As soon as I was committed to Tothill-fields, the prosecutor made a demand of 6 l. not to appear to prosecute me; I have witnesses that he made a demand at another time of three guineas, and one guinea the Sunday before last, he came down Tothill-fields, Bridewell, and called on my master before at Hungerford Market; he was to to have called on Monday on my master to have received this, I was coming up by the Bath coach, and this man got on the coach, and by drinking two pints of beer on the road we were acquainted; he said he had no acquaintance, he would be glad if I would recommend him to a lodging, I told him he might lodge where I lodged some times, at the George in the Haymarket, the next morning we went out together, and were out all the day long; I was his chief support all the time we was out, and it cost me a good deal of money that day, he and two more acquaintances, he said he received a letter from his relations at Leicester, that his grandfather was dead, and that he could draw some money from them, on these considerations I supported him till nine o'clock at night, and I left him and returned to the lodging where I was, and I asked for his bundle as he said he must go the next morning to the country, and I told him I hoped he would make some acknowledgement for the money I had expended upon him, and he said he could not without I stopped his cloaths.

Prosecutor. I had not a farthing of him, I had half a guinea when I came to the Inn.

Prisoner. My Lord the prosecutor offered me three several sums to make it up, he came to me three weeks ago, and offered to take 3 l. and last Sunday was se'nnight he agreed to take a guinea, and then he never came.

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

GUILTY .

He was humbly recommended to mercy by the Jury.

Council to Mr. King, one of his witnesses. Will you take him and employ him again? - Yes my Lord.

To be privately whipped and discharged.

Reference Number: t17830430-5

250. JOHN WHARTON was indicted for feloniously and burglariously breaking and entering into the dwelling house of Robert Askey , on the 1st day of March last, between the hours of twelve and three in the night, and feloniously stealing therein three pieces of gold coin of this realm called Guineas, value 3 l. 3 s. and 30 s. in monies numbered, the monies of the said Robert .

Another Count. That the said John Wharton , on the 9th day of March last, between the hours of twelve and three in the night, the dwelling house of the said Robert, feloniously and burglariously did break and enter, and feloniously steal therein twelve pounds weight of soap, value 5 s. and 3 s. in monies numbered, his property.

Another Count. That he the said John Wharton afterwards, on the 31st day of March last, between the hours of twelve and three in the night, the dwelling house of the said Robert Askey , burglariously did break and enter, and feloniously did steal therein 12 lb. weight of soap, value 5 s. and 20 s. in monies numbered, and 48 pieces of copper called half-pence his property.

A fourth Count. For that he the said John Wharton afterwards, about the hour of two in the night, on the 5th of April inst. the same dwelling house feloniously, did break and enter, with intent to steal the goods of the said Robert against the King's peace.

ELISHA GADD sworn.

I am shopman to Mr. Askey, oil and colour-man Tothill-street, Westminster , the

prisoner was a workman of my master's at that time, but did not lodge in the house, in the evening of the first of March, my master asked me what money I had in the shop, I went to the desk and told him I had ten guineas in gold, and about four in silver, he told me to put the money in the desk, and he would ask me for it in the morning, it was in the desk that night, I locked the desk and put the key in the till, and after shutting up the shop, I put the key of the till in my pocket; about ten I locked the till, and between seven or eight I locked the desk, I shut up the shop at the same time; the desk stood close to the till in the shop, I fastened the door and windows of the shop; I got up about six in the morning and opened the shop, I went to unlock the till as I usually did, and found it open, and the desk likewise; I examined the desk for the money and found three guineas missing out of the ten, and about 30 s. in silver; my master asked me for the money about nine o'clock in the morning, I did not tell my master till then, that the desk was opened, I was rather afraid, I did not perceive in what manner the money was lost, I examined the house all over.

Court. When you came down in the morning, how were the doors and windows of the shop? - They were all fast.

On the ninth instant had you on the over night reckoned the money? - I could not rightly tell the quantity.

How much do you suppose was lost? - About twenty shillings.

Court. How do you know there was any lost, if you did not know what there was? - I am sure there was 50 s. by the quantity, I put 40 s. in out of the desk, and there was some in before; but I cannot tell how much exactly; the next morning I found about 30 s. it was about six when I opened the shop, the till was left open, the desk was left open, and the key dropped into the till, but not locked; of this I did not tell my master, as the money was lost before, I did not mention to him, as it could be laid to nobody but myself.

Had he accused you before, or expressed any suspicion? - Not to me as I knew of; on the 31st at night, I put 25 s. in the desk, there was not above one or two; I locked it as before, and put the key into the same place; the next morning we found about 6 s. of it, and a quantity of half-pence was lost out of the till, the desk was unlocked, and the key thrown in the same way as before.

Court. How were the fastenings that morning; - The shop front, my lord, was all fast; on examining the premises; the back part, I found the door that leads out of the cellar into the shop had been open.

Was it locked the night before? - No, it was made fast with a stick with a pike at the end of it, that stick was forced away; the force had tore the door very much, a piece was split off, the door opened inwards; on going into the the yard I found the two fastenings of the window which leads into the cellar, it was a flap shut down, and two casks stood on the top of it, that was the usual way of fastening it, in the morning the two casks were off, and the flap was down, on lifting up the flap, I perceived by the dirt and rubbish a person had been down, I made these examinations first myself, after that I alarmed my master, I called him up, this was about half after seven, it was about six when I opened the shop; I informed him that the house had been broke open, and robbed as before, I shewed him where the person had gone down, and in what manner the door was from that time; my master and me sat up every night, till Saturday the 5th of April; on the Sunday morning a little after two, I sat up in the parlour just over the cellar; my master was in the adjoining yard with his neighbour, I heard a person coming down the yard, I heard him lift the two casks off that stood upon the window, and lift the flap up, and go into the cellar; after I thought he was down, I heard something make a noise, similar to the falling of a trap, which we had set for him in the cellar: In about a minute after he entered the cellar, I heard my master halloo out, I have got him; I opened the door, and I saw the prisoner with him, when I went in the yard my master said to the prisoner, John, how can ou use me in the manner you have

done, you have robbed me three times within a month, of money, soap, starch and blue; the prisoner said he never robbed him of any starch and blue, only of money and soap; more of money than of soap.

Court. The second time that you missed the silver, you did not tell your master? - No.

The third time did you tell your master of that? - Yes, that was the time we perceived how we were robbed.

Now not telling your master the second time, till then how did you make up the account? - I had not given in the account.

Prisoner's Council. The prisoner had been your master's servant a long time? - Yes.

How long? - Two years.

Perhaps as long as you? - No, Sir, I served my time there.

The first time the money was missing was on the first of March? - Yes.

That was three guineas, and some silver? - Yes.

You did not tell your master of that? - Yes.

No, but not till he asked you for the money? - No.

You rose at six, and at nine your master asked you for the money, then you told him of the robbery? - Yes.

You lodged in the house? - Yes.

There was no appearance then of any body getting in? - No.

The keys were all found on the spot where you left them? - Yes.

The next time you did not tell him of it at all? - No.

That time there was about twenty shillings lost, I think you say? - Yes.

None of this money was marked at all? - No.

No suspicion of the prisoner? - No, nothing but that, for the course of two months past, sometimes he would work a day or two, and sometimes play.

How came it that the money was not marked that was in the till? - We had no suspicion at all, at that time.

The third time it was half after seven, before you told your master? - Yes.

Then you perceived somebody had got into the house? - Yes.

You was the only person that found that out? - Yes.

Who fastened that door backwards? - Myself.

And put the casks over yourself? - The maid of the house did.

You yourself did not see the prisoner in the cellar? - No, Sir, I heard him.

That is, you heard a noise? - Yes, when I came into the yard, I found the prisoner in the yard.

Did the prisoner appear to be drunk at that time? - No, Sir, very sober.

Is your master's the corner of the passage, or is it the middle of a row? - The middle of a row.

Council for Prosecution. Must the prisoner come over more places than one? - He came over four walls.

Was no money found on him? - Nothing Sir, we did not search him.

ROBERT ASKEY sworn.

On the evening previous to the first of March, I desired the last witness to give an account of the monies he had in his desk, as I had a payment to make, he is a very trusty servant, the most honest one that can be, he told me that he had ten guineas in gold, and about four pounds in silver; eight guineas of the gold, I saw in the desk myself in the evening; in the morning I desired him to bring me in the cask, he informed me that when he came down in the morning, he found the till unlocked, that he went to the desk, and found that there had been taken out of that ten guineas, three guineas and thirty shillings in silver; I saw that the silver had been taken away; I inspected the premises; I knew the witness strictly honest, his sister is servant to me, which I believe to be as honest as himself, and there were only Mrs. Askey, myself, this brother and sister and a little boy, who was upon liking; in the morning of the 31st, I was called up, and he told me we had been robbed again, I had myself taken from the desk in the afternoon two guineas, in consequence of which, there was no gold left, but about five or six guineas in silver, I asked him to the best of his knowledge what he thought

he had been robbed of, he said he thought there was about twenty shillings in silver gone, we were then very cautious of taking bad halfpence, but I found the till principally consisted in bad halfpence, I then went to the cellar coming to inspect that part, which I thought a boy of ten years old could not have gone through scarcely, for he must put himself on his belly; I said it must be John Wharton , I borrowed a man trap, and I planted it in the cellar at the bottom where the feet must touch, I then thought from the appearance of the prisoner, in the course of the week, and from his drinking, it was himself, I said to my neighbour Edward Taylor , will you sit up with me to night, for I have reason to think the person that robbed me will be here to night; we went to the further end of my premises under one of my warehouses, and there we sat from twelve, till about five minutes after two, then I heard foot steps in my neighbour's yard, and I said to him the thief is coming, he came over that part of the wall, over the tiles where I sat down, after walking about four paces on the wall, he dropped into my yard, by the light of the moon, I saw the prisoner perfectly, in about ten minutes I heard a noise, which I thought was the trap, and a man struggling in my cellar, I immediately said, my friend we will run down the yard, I am confident he is in my house; and within five yards of the window, I met the prisoner coming from my dwelling, I called my servant to open the door, and that I had got the prisoner, he immediately came, I found the casks from off the flap, and that the window had been opened and entered; I asked the prisoner, how he came to rob me, as I had been so indulgent to him for some time past, he answered he could not help it; says I, John you have robbed me three times within the last month, of monies soap, starch and blue; he said no, I have not taken any blue or starch, I never took any thing but money and soap, the soap I sold to Mr. Knight, who keeps a shop in the neighbourhood; I found his leg had touched the ring of the trap, and drawn it from the spring.

Court. Did you examine his leg? - I did not; I hardly knew how to contain myself.

Has his leg never been examined? - He has had medicines from an apothecary's to dress himself with, but his leg has never been examined, I took him prisoner myself.

Prisoner's Council. When you saw him, he was in the yard, five yards from the cellar window with his face to you? - Yes, as near as I can judge.

His leg never was examined? - No.

Supposing a man to have got into that window, must not he have been a considerable length of time in getting out again? - By repeatedly going in, he had cut away a piece of ground that made it not so intricate as it was at first, there was a matter of eighteen inches broke away, at first it must have taken up several minutes for a man to get out again.

Court. As soon as you thought you heard the trap you came, did you make the prisoner any promises? - No, none in the least.

ROBERT TAYLOR sworn.

I watched with my neighbour Mr. Askew, a man came over the tiles into the yard, but I could not see who it was, I saw him after he was taken, I said if you offer to lift up a hand I will cut your head off.

What did Mr. Askey say? - I cannot say, as we were going to take him to Tothillfields he owned then that he robbed him of the money and soap, I cannot tell what he said exactly, it was something about taking money and soap.

Court to Mr. Askey. Had this man any dark lanthorn or matches, or any thing of that sort? - I did not search him, I should have conceived he could not have had a lanthorn, without it was in his pocket.

Is there any light in your shop of a night? - No.

PRISONER's DEFENCE.

I went down the alley, there is a necessary at the bottom, I was going to case myself, and there was a man stood upon the

wall, the man said he would go over, I got over after him, and then Mr. Askey and Mr. Taylor said I should stop or they would blow my brains out; my wife and I had a few words and I went out, and went down there on purpose to ease myself.

Guilty of the whole indictment, ( Death .)

The prisoner was humbly recommended to mercy by the prosecutor.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-6

251. ANN SMITH was indicted for feloniously stealing on the 6th day of March last, one piece of printed muslin, containing five yards and a quarter, value 20 s. and five yards of printed cotton, value 20 s. the property of William Thomas .

MARGARET THOMAS sworn.

I keep a linen draper's shop , I knew the prisoner, I saw her going out of the shop on the 6th of March, at two o'clock in the afternoon, I was in the back parlour, and saw her through the glass, nobody was in the shop, I followed her and took from her one piece of muslin, and five yards of printed callico, they were under her cloak and apron, I saw them on my counter a very little before, I am sure they were the same, they have no mark on them.

Court. How could you know them to be yours? - I am sure of it.

But by what circumstance do you know them? - Because I saw her going out, and I went after her and took them from her.

Court. And those that you had seen on the counter just before, you missed on her going out? - Yes.

WILLIAM SMITH sworn.

I produce the property that the prosecutrix took from the prisoner, she put me in charge till she carried her property home; there are the same things, Mrs. Smith has had them ever since, the prisoner did not deny the fact, but said her another was drove to great distress.

PRISONER.

I have nothing to say.

GUILTY .

To be privately whipped and discharged.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-7

252. DAVID NICHOLLS was indicted for feloniously stealing, on the 20th day of June last, one pair of pistols, value 20 s. one linen shirt, value 5 s. and 8 s. in monies numbered , the property of George Watts .

GEORGE WATTS sworn.

I am a soldier in the third regiment of Guards, I lost a pair of pistols and a shirt last year, I missed them first the latter end of June, out of my chest, from my lodging, I had a back room on the lower floor, there was another young man lodged with me.

Did the prisoner live in the house? - He lived in the fore place, the pistols my brother got from his master's son when he came from abroad.

How long had you had them? - About a fortnight, he gave me them to clean.

Did you keep your chest locked? - It was locked.

When you missed the things out of the chest, was it locked then? - The lock was broke.

What is your reason for charging the prisoner? - I heard that he had some things, and I went to him, and I found the shirt in his custody, which was in my chest when the lock was broke; he went along with me, and got the shirt from his washerwoman's.

How do you know she was washing for him? - He told me.

How came you to talk with him about it? - I went away and got a constable to take him up, and then I asked him for the shirt, and he said he had it from the woman

that lived with him at that time, (the shirt produced) there is a G. at the breast of it, and the No. is picked out.

Are you sure it is your shirt? - Yes, I am very sure, and there was a regimental mark, and that is cut out, and a piece of cloth put into it, I never found my pistols.

How long did you continue to lodge at this man's house after you missed your pistols and shirt? - I did not continue a night; I thought I was too long in one place, and went away for fear I should lose any thing more.

You had no reason then to suspect him? - No.

How came you at last to charge him? - Because this woman saw the prisoner have the pistols, six weeks after, and he went out, and he brought in three half crowns for the pistols, so she told me, that was my reason.

ANN DOWNEY sworn.

I lived along with the prisoner at that time, he was a poor man, and the morning that box was broke open, he went away to work and I together, and he returned at one o'clock, and brought a quartern loaf, and the prosecutor came before we returned, and took away his box whether or no; I will give no oath but what I will give again, I am come here for truth, and I will tell truth; he borrowed this shirt of this young man, and he gave back a shirt for it, I saw a pair of pistols in that house, but I never said it was them, nor I do not know they were them, I saw some pistols in that house; there was a young man there that is gone abroad; I think the prisoner innocent of breaking a box.

Then you saw the prisoner's pistols in another man's hand? - No, no other man's hand.

Who had the pistols you saw? - The prisoner had them, but whether it was these pistols I do not know.

Do you know how that shirt came into the hands of that woman where it was found? - Yes, I do, the man hearing that this man was to pursue after him, removed it to this woman.

Can you tell whether this is the same shirt that the prisoner borrowed of the young man? - This is the same shirt that was at the washerwoman's, I have washed it with my own hands many a time, the prisoner always told me, that was the shirt he borrowed from this young man, to put on upon guard; this young man knows he left two; I think it is a spiteful thing, and all done in spite.

Why do you think it spite? - Because it is an old quarrel between the prisoner and this man that came both from one place, more to their shame.

Prosecutor. I am very sure that this shirt was in my box at the time it was broke.

Court to Jury. After the account given by this woman, gentlemen, we can make nothing at all of this.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. BARON EYRE .

Reference Number: t17830430-8

253. CATHERINE JACKSON , and SARAH CARR , were indicted for feloniously assaulting Samuel Goostree , on the king's highway, on the 2d of April last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one gold mourning ring, value 5 s. one pair of base metal shoe-buckles, value 2 s. one silk handkerchief, value 6 d. one linen handkerchief, value 6 d. and eleven pieces of gold coin of this realm, called guineas, value 11 l. 11 s. his goods and monies .

SAMUEL GOOSTREE sworn.

I am a dealer in coals ; I live in Moorfields; I was robbed on the second of April last, but I was so intoxicated, that I cannot give a correct account of what happened to me; I remember some women attempting to take my ring off my finger, and on accusing them of that, I was immediately assaulted, and struck very much, several violent blows in the face, and knocked down; I then called watch! the watchman came, and some women were taken to the round

house; but discharged, not being the women that assaulted me. I had a brass ring put on my finger by somebody, I examined my pockets, I found I had lost eleven guineas, and two handkerchiefs, and the buckles out of my shoes; and they had put another pair of buckles, just loose in the straps; I know nothing of the persons that robbed me.

Court. You do not seem to have a very clear recollection, whether you was robbed by men or women? - I recollect I was assaulted by women, and therefore conjecture I was robbed by women.

Court. The state you was in at that time, Sir, perhaps made it difficult for you to say how long it was before that you had these things safe; what was the place you came from? - I came last from the playhouse, it was a little after nine.

Drury Lane play-house? - Yes.

The condition you was in, I suppose you did know whether you was not robbed of these before you came into the play-house? - I was in the Lobby, I suppose, half an hour or more.

Was you sufficiently master of yourself, to be sure, that you was in the lobby, or is that, what other people told you? - That is what I have been told since.

What is the last place you recollect yourself to be in? - The last place I recollect to be in, was in company, where I dined, and spent the afternoon, which was Duke's-Court, near Bow-street, coming into the air, the effects of intoxcation came on, and deprived me of recollection.

Can you tell whether, when you left this place, you had your money and your buckles and ring? - Yes, my Lord, ten guineas of it was in a paper, which I received of a gentleman then in company, which I just looked at, and screwed it up in the same paper, and put it into my pocket, and I did not spend a shilling there.

JEREMIAH FLACK sworn.

I am patrol of St. Giles's, about half after twelve, I saw the prisoner Carr, in company with another woman, and she was shewing a woman a ring, and she said that it was left to her by some man.

Was it to her, did she say, or with her? - To her she said; about two o'clock I met Mr. Goostree, with two patrols, they said he had been robbed; I went with him to several places, and remembering the circumstance concerning the ring; the next morning, I went to this public-house between 8 and 9, a little before 9 Sarah Carr came in; and when she saw me, she returned immediately, run up Newtoners-lane, I pursued her, I searched her, and in her stays I found the ring; this is the ring; then I took her to the Justice's, and the other called her spoony whore, and she hoped, she would be crapped, for having the ring about her, I took her into custody, and searched her, the gentleman's buckles were found.

GEORGE MEECHAM sworn.

The gentleman had been at our office in the morning, and he had been knocked down the night before, by two women, and robbed; I heard Catherine Jackson in the morning abusing Sarah Carr , and called her bloody whore, and she ought to be crapped, for carrying the ring about her; on Cath. Jackson, I found thirteen shillings in silver and nine shillings on Sarah Carr , and half a guinea in gold, which I delivered up, by order of the Justices; (The ring and buckles deposed to by Mr. Goostree.)

My name is on the ring.

How do you know the buckles, there is no mark on them? - I believe none in particular.

- ROBERTS sworn.

I belong to Mr. Walker's office, I came there about seven and eight, and Jackson caught me round the neck, says she my dear Roberts, and she kissed me, I will tell you, but I will not tell that bloody watchman; and she said that the other prisoner Carr, caught Mr. Goostree round the neck while Jackson took the money out of his pocket, and afterwards Jackson told me, she followed him down the street, and

knocked him down, and the other took the ring off his finger, and she took the buckles out of his shoes, and that she gave him a violent blow on his head.

Court to Roberts. Are you an old acquantance of this Jackson's? - Mrs. Jackson knows us for several years, and by her knowing of us, I suppose she told me this; she took me round the neck and kissed me. She said that they followed him out of the house.

Court. What house was that? - I do not know.

Prisoner's Council. My Lord, it is not above six months, since that man was out of six months fine in Newgate, he said at the Justice's, damn you, you bitches, I shall get an honest forty by you; that man is only here to swear our lives away.

Roberts. My Lord, I was under that predicumey, for striking a publican, never no farther.

PRISONER JACKSON's DEFENCE.

Please you, my Lord, this Sarah Carr , between eight and 9, met me in Holborn, and the Prosecutor as is now had hold of her by the hand; she said how do you do, will you have something to drink; would you accept of a glass? said that gentleman; accordingly he went to the wine vaults, and he said he had been drinking plenty, and would be six-pence, so the man poured three outs: The gentleman said should he go home with me, I said, I lived in Short's Gardens, and if you will you may; he went with me, and reeled when he went up stairs, he trod on my buckle and broke it, that buckle is to be produced in this court; Sir, says I, you have hurt my foot sadly, says he I, am sorry; damn the buckles, I had an old pair of plated buckles in my shoes, I have had four years; and he took the buckles, and threw them in the candle stick, which was a broad candle-stick, he and put one of my buckles in his shoes, and a young woman fetched a black pin to put the other in, and he began to pull his pocket book out of his pocket; sir, says I, as you are in liquor, take care of your property; he went down stairs with his ring on his finger, and I saw no more of him, till I went to the Justices, to get a warrant, against another woman; I am innocent entirely, he picked up another woman afterwards, named Elizabeth Clarke , and he slept in her place two hours, why should not she rob him.

JANE JOINER sworn.

All I know of it is, between nine and ten, this gentleman came home with the prisoner, and behaved like a gentleman, he came to No. 17, in Crown-court, I live in the same house, and my husband and I was below; he went up stairs, and he sent for something to drink, and went about his business, and where he went after, or where he got his accident, I do not know.

ELIZABETH GRIGGS sworn.

I know nothing of this matter, I know Kit Jackson 17 years, she is very honest, she has nursed me several times.

PRISONER SARAH CARR 's DEFENCE.

Sir, this gentleman followed me up some part of Drury-lane, and he had like to have stumbled by James-street, where the coaches are; it was between nine and ten; he kept asking me very often, young woman can I see you home, I said you really cannot; I cannot take any person home, he seemed to be very much in liquor; and at the corner of Holbo rn, I spoke to Catherine Jackson , and then he asked us to drink, and we went in, and had a quartern of brandy; and coming out, the gentleman said, you perceive I am very much in liquor, can I go home with you, and I should be glad; he went with us to her apartment, and he came away from us as safe as he went in.

Court to Prisoner Carr. How came you by the ring? - He said he had no cash at present, and he gave me the ring, and said he would call upon me, to redeem it, the next day.

The prisoner Carr called one witness, who gave a good her a good character.

Tried by the second Middlesex Jury before Mr. BARON EYRE .

CATHERINE JACKSON , NOT GUILTY .

SARAH CARR , NOT GUILTY.

Reference Number: t17830430-9

254. THOMAS LITTLEPAGE , and JOSEPH BELL were indicted, for that they on the 22d day of February last, a base-metal ship's pintle, of the value of 50 s. the goods, chattles, and naval stores of our Lord the King , feloniously did steal, take and carry away .

And JANE WARRICKSHALL , and THOMAS WARRICKSHALL , were indicted, for that they afterwards, to wit, on the same day, the goods, chattles, and naval stores above-mentioned, so as aforesaid stolen, taken and carried away, feloniously did receive and have, knowing them to be stolen .

The said THOMAS LITTLEPAGE and JOSEPH BELL were again indicted, for that they on the 9th day of March last, one other base metal ship's pintle, of the value of 3 l. 15 s. the goods, chattles, and naval stores, of our Lord the King, feloniously did steal, take and carry away.

And the said JANE WARRICKSHALL and THOMAS WARRICKSHALL were again indicted, for that they afterwards, to wit, on the same day, the goods, chattles, and naval stores above-mentioned, so as aforesaid, stolen, taken, and carried away, feloniously did receive and have, knowing them to be stolen.

THOMAS CARPENTER sworn.

I am a constable; I apprehended the prisoner Littlepage, Mrs. Warrickshall, and her son; on the 11th of March, I was called up at five in the morning, to go and take possession of two thieves that were taken in the night for stealing yarn, and carried to Mr. Lowe's on Poplar Causeway; accordingly I went there and took them both in charge, and as I was going to handcuff them, one of them, whose name was Lane desired me to let him alone, and he would discover the whole transaction, I told him; if he would do that, we would clear the room and get a sheet of paper, and I would take his examination, which I accordingly did; after I had taken his examination, I read it to him, and he signed it in my presence, and one Mr. Tindall.

Prisoner's Council. That totally lies out of this case.

Carpenter. Previous to my going to Mrs. Warrickshall's house, I charged Lowe to assist me to go there, to search for more yarn.

Court. What is Mrs. Warrickshall? - She keeps a private house, and is a waterman's widow; while I was searching the premises, Mr. Hankey and Mr. Blackmore the King's surveyor came and asked me, whether I had found any copper pintles belonging to a ship's rudder and desired me to search for some, which I promised I would.

Court. What is a pintle? - It is what is fastened to the rudder, for the rudder to swing backwards and forwards. (The pintle produced.)

Court. What is it made of? - It is made of base metal; I told them I had not, I searched further, and Mr. Hankey and Blackmore assisted me, we found none; after they were gone, I begged of Mrs. Warrickshall, if she had any copper pintles to deliver them to me, for it would be better to throw herself on the mercy of the gentlemen, Hankey and Blackmore; she told me then, to fetch Mr. Hankey to her, that she might first hear what he said; I went and told Mr. Hankey, and he came and asked her what she wanted with him, she said, she wanted him to shew her mercy in this affair; Mr. Hankey told her, it was not in his power to grant her any lenity, but the law must take place.

Court. What did she say to that? - Mr. Hankey then went away, and then she asked me what she should do, I told her she had better deliver them up, for I had not done rummaging, she then said she had but

one the other was disposed of; I then told her she had better give that up.

Prisoner's Council. Did you say what you should do, if she did not give it up, I told her I had not half done rummaging, she then begged that a sack might be brought to put it in, that it might not be exposed in the streets; this was in the bed chamber she begged me to take hold of one part of the bed, and she took hold of the other part, and there lay the pintle, between the sacking of the bed and the bed itself.

Was there any appearance of it under the bed, did the sacking sway down? - I had not looked under that bed, this was the 11th of March, in the morning, I afterwards went to take Littlepage; he got from me, but I took him afterwards at Lambeth; he told me that every thing that Stannard, who was admitted an evidence had discovered was true, and that he would speak the same words before the court.

Did he mention any of the particulars to you? - No, not to me, he said he would tell the Justice every thing that was transacted.

Did you take Bell? - I took him with them, he said nothing to me.

Court. Had you read that examination to Littlepage? - It was read before the magistrate, in the presence of Littlepage and me, I heard it read, and there was hardly a word of alteration.

Prisoner's Council. The examination that you talked of first of all, was not relating at all to this business of the pintle? - That was concerning the ropes.

You had made your unsuccessful search in this woman's house, and found nothing? - Yes.

What had Mr. Hankey to do there, he does not belong to the King's yard I believe, only Mr. Blackmore? - No.

They having been gone, and nothing yet found, you say you and the woman were together, and you told her, it would be better for her, if she would discover where the pintle was what did you mean by that, or what did you she meant? - To give it with herself.

You thought at that time, that she thought she should save herself by making this discovery? - I think she did.

I think you said it would be better for her to discover this? - Yes.

After that I believe she shewed you where the pintle was? - She found by Mr. Hankey that he would shew her no mercy.

Council for Prosecution. He was gone before the pintle was found; then you had some conversation? - I told her she had better give it up, and throw herself upon the mercy of the prosecutor, for I had not done rummaging.

Prisoner's Council. Then she still thought she should have favour? - She could not after Mr. Hankey was gone, because he told her, she could have no favour; I told her she had better give it up, it would save us a great deal of trouble, I do not know whether she would have delivered it up, but she saw I had not done rummaging.

Well, but the fact is, she did deliver it up? - Yes.

Court. She asked you what you would advise her to do? - Yes.

First you told her, if I understand you, that she had better throw herself upon the mercy of those two persons, one was an officer in the yard, and the other a merchant.

And she then desired to see Mr. Hankey, and hear what he said? - Yes.

Then he came? - I fetched him myself.

What are you? - A ship carpenter.

Mr. Keys. My Lord, I am council for the prisoner Bell, and I submit that the accomplice cannot be examined, unless there was some evidence to affect Bell.

Court. What has been said cannot have any affect as to him.

JOHN STANNARD sworn.

Council for Prosecution. You are an apprentice I believe to a shipwright? - Yes.

You know the yard of Messrs. Perry and Hankey? - Yes.

Do you know the Maidstone frigate? - Yes.

Do you know the prisoner William Littlepage ? - Yes, he was an apprentice too.

Do you know any thing of the loss of these two pintles, or either of them? - I called on Littlepage on Sunday morning, between eight and nine, I cannot rightly say what month, it was three weeks before we took the last pintle, and Littlepage was taken up after we had taken the last about three days.

Then that brings it to about the 17th or 18th of February? - I and Littlepage went the Sunday morning down to the yard, and about eleven we went down to the dock where the Maidstone was, the Maidstone was a King's ship, and we laid the pintle upon the timber pile ready to be got away in the night, then between eight and nine we went down to the yard, and we had agreed to get Jane Warrickshall 's boat, and to sell it to her, I had not seen Mrs. Warrickshall before; between eight and nine in the evening we went down to Jane Warrickshall 's house, to get the boat to take it away, and she asked us what we had got; and we told her a piece of a copper pintle; then she told her son to go out with us, to get the boat, and to go with us to take it, and he rowed us.

Court. Was the son present when you had this conversation with the mother? - Yes.

Did he hear what was said? - Yes.

Are you sure of that? - Yes.

Did she know Littlepage? - Yes.

Did the son go with the boat? - Yes, he rowed us down with the boat, he landed us at the Dock, and her son held the boat, while I and Littlepage went and brought the pintle into the boat, then he rowed us back, he staid in the boat, and Littlepage and me carried the pintle into her house; Mrs. Warrickshall came into the cellar and weighed it, and it came to 1 l. 3 s.

Court. After what calculation? - Four-pence per pound.

Did she pay you that 23 s.? - Yes, she gave it to Thomas Littlepage and I received half of it.

Court. Did you at any time after this go to the same yard, and take any other pintle? - Yes, I and Thomas Littlepage went down on Sunday morning, the 9th of March, he called upon me, we went on board a new ship that was building near to this ship; and we boared some holes for two young fellows that had some work to do; while we were boaring these holes, Joseph Bell came on board this new ship, then we went round the yard together, and I and Thomas Littlepage came back again; Bell came back afterwards to us on board this new ship, and Bell asked me if I had a mind to get any copper bolts, I said there was none to be got; then he asked if I had a mind to get one of the pintles of the Maidstone's rudder, I agreed to it, and I and Littlepage went down to the Dock and knocked two of the nails out, while Joseph Bell stood above, to see that nobody came to disturb us; then we came up out of the Dock, and Joseph Bell , I, and Littlepage went round, he told Littlepage to stop a bit, and he would get a fellow servant of his who had just come into the yard out of it, and then come back, we staid till about eleven, and he did not come back, then I and Thomas Littlepage went into the Dock, and took the pintle, and put it under the ship's bottom till night; between eight and nine we went to Mrs. Warrickshall's house to get a boat, she asked us what we had got, and we told her, she said we should find her boat at the stairs, and we found it there; and I, and Littlepage went with this boat, and rowed it down to the Dock, and we made the boat fast, and went into the yard, and took the pintle, and put it into the boat, and carried it to Jane Warrickshall 's about nine; she was at home, and Littlepage carried it up into her house, and she went down into the cellar with us, and weighed it, and it came to one pound six shillings and four-pence; she gave us but a guinea that night, and told me to come back the next morning for the rest of the money, and she would give it me; I went there the next morning, and she gave me five shillings, and said she would not give me the odd four-pence.

(The other pintle produced, and deposed to by the witness.)

Prisoner's Council. Is that the pintle that was taken first or last? - The last.

When you first concerted this, Bell was not with you? - No.

Mrs. Warrickshall is a waterman's widow, is not she? - Yes.

She has a boat that works upon the river? - Yes.

Is not her son apprentice to her? - Yes.

Is he out of his time? - I believe not.

Did the boy take any notice of what you was talking of? - He was close by.

But you did not say any thing that you had taken it out of a man of war, or that you had stole it? - No.

The boy was not by when it was carried, did he help you to the house? - No, he staid in the boat.

No part of the bargain was made, or any payment before him? - No.

Nor you did not tell Mrs. Warrickshall where you had got it? - No.

Was not it a broken pintle at first? - No.

I believe those that are made of base metal, when they are broke are fit for nothing but old stuff, waste stuff? - I do not know.

Are they not cast? - I believe they are.

What did she give you a pound for it? - four-pence.

Court. Both times the same price per pound? - I believe it was, as to the last, the boy was not there at all? - No.

Council for the Prosecution. Did the boy know where the boat was going to? - Yes.

Court. The mother bade the son go with you with the boat? - Yes.

THOMAS GARRARD sworn.

I am a ship carpenter for Perry and Hankey; I know the ship Maidstone, and when she came into the Dock the pintles were all on, and some time afterwards, I suppose near a month before this happened; I think she came into Dock the fourth of January; the second pintle was taken the ninth of March.

JOHN BLACKMORE sworn.

I am a King's surveyor, I inspect the repairs of the works, I have tried this pintle, and it firs exactly; unless it was the identical pintle it could not fit so well.

What are they worth? - About six guineas a 100, near about 13 d 1/2. a pound.

About what time was the first lost? - I do not know.

Court. What would they sell for as old pintles, merely on account of the metal? - This is a useful pintle, and would do again, but the other I believe is worth about 3 l. 10 s. per hundred.

WILLIAM FORBES sworn.

I made this pintle, I have not fitted it on, it has my mark upon it, my name, and the broad arrow; the value 14 d. a pound, and we give 10 d. for the old one.

What do you think that is worth? - This is as good as ever, there is no sort of difference, and the old ones are worth 10 d. or 9 d. per pound.

Court. The examination must be read, if you make use of his evidence, which is that, every thing is true, that is therein contained, therefore it must be read or else I cannot take it; the other man swore it was read over to him, and that he said every word of it was true; now what is contained in that we have never seen.

Court to Carpenter. You said that the man desired you might be alone together, and you dismissed all the rest, and then you took pen, ink and paper, and wrote the examination, of one of these men, that examination led you to the discovery of these facts? - Yes.

To those facts relative to Littlepage? - Yes.

Then in consequence of this, when Littlepage was taken up, after the time you had searched at Mrs. Warrickshall's, then he was carried before a Justice of peace, and that examination which you had taken before in writing was read over? - Yes.

Where is Stannard's examination? - The magistrate took it.

He confessed then nothing but that, what was contained in one of the examinations was true? - No, Stannard sign'd his examination.

Court Is there any examination returned.

Council for Prosecution. We have a copy of it, the examination read, the voluntary

information of John Stannard , proved by Carpenter.

Court to Carpenter. Did you see the Justice sign this? - Yes, read the voluntary information of John Stannard , taken before us.

Of the Justice's, of his Majesty's peace, on the 15th of March 1783, about three weeks ago, he with one Thomas Littlepage took from the Maidstone frigate, at the dock at Blackwall, a large piece of metal, belonging to the rudder of the said ship, called a pintle; and one Thomas Warrickshall , did assist in conveying the same away in his boat, being a waterman, by the directions of his mother, who received the same, well knowing it to be stolen, and paid three and twenty shillings for it: Also says, that on the 9th of March, they took one other piece of metal, called a pintle, and put the same down in the Dock, till evening; Joseph Bell was present, and looked out while they took out two nails, to loosen the side pintle; says, that about nine o'clock they carried the same to Warrickshall's house, with the help of her boat, who did receive the same knowing it to be stolen, and that she paid to them one pound six shillings; for the last piece of metal.

Council for the Prisoner. You too Littlepage at Lambeth? - Yes.

Had you this information, about the pintle then? - No.

I think you said he confessed in the coach? - No, Sir, I said he confessed nothing to me; it was at the magistrates after hearing the examination and informantion of Stannard's read.

What did Thomas Littlepage say before the magistrate? - Mr. Staple's asked him if that was true; and he said it was all true; and Mr. Staple's, rather marked it, and he turned to me, says he, carpenter, you see it is of no use, Littlepage saying what he has, it is not like a thief that has been brought up from his cradle.

Prisoner's Council. What, that he was not hardened; there is a great deal of difference between contradicting it and owning it? - Littlepage was silent till the Magistrate had done, then the magistrate asked him if that was true, and he said yes.

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

Reference Number: t17830430-9

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: t17830430-9

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 30th of APRIL, 1783, and the following Days;

Being the FOURTH 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 IV. 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 Thomas Littlepage , &c.

Council for the Prisoner Jane Warrickshall . My Lord, I beg have to ask whether upon the evidence of Mr. Carpenter, your Lordship should think this confession of Mrs. Warrickshall's, was a confession made in expectation of that favor offered, and held out to her, by the constable, that it would be better for her, if she would discover where the pintle was; he himself says, he apprehended she thought so, and my Lord, I humbly apprehend wheresoever a confession is made by a prisoner, and promises of favor are held out to them, these courts have always held that the public faith should not be broken, therefore I hope that that promise made by the constable, shall be considered as the cause of this confession, and that a confession made under such influence, will not be received by the court.

Mr. J. Nares. In this case the prisoner applies particularly to Mr. Hankey, and when the man says you had better throw yourself on the mercy of Hankey, and the other person now Hankey does not appear to be an immediate officer under the King, but a person immediately concerned as a Merchant; he was a person then enquiring into that fact, and who could prosecute, as any body can for a felony, and he give her no hopes in the world; says he, it is no in my power, and he adds besides, the law shall take its course; then afterwards away he went, and the prisoner advises with this man, not as considering him in the quality or office of constable, but as a friend, and adviser; says he, you had better deliver it up; now she had heard what the other person Hankey had said before, and this man adds, I have not done rummaging yet; she must know at that time that he certainly meant farther to go on, with respect to his rummaging, and that these goods must be found; therefore I think under the circumstances of this case, this is such a confession as should be laid aside; and I think it is proper evidence to be received; I should be glad to hear what my brother says.

Mr. Baron Eyre . It has been stated at the bar by Mr. Chetwood, as if it was the constant practice and rule of law, that both confessions and goods produced, in consequence of promises held out to the party, were to be rejected, from a regard to public faith: The rule however is this, that confessions or declarations by prisoners; are, or are not credible, and as such are or are not to be left to the Jury, as they appear to obtained with or without promises, or other inducements; if they are frank and voluntary, there is then no impeachment of their credit, and upon that ground

of their being credible; they are left to the Jury to prove the fact, to which they are adduced, if they are obtained improperly, they deserve no credit, and because they deserve no credit, they are not to be left to the Jury. But this rule with respect to confessions has no application from principles and has never received any application in my practice, with respect to goods produced; because where goods are produced whatever was the inducement, by which the party is prevailed upon, their being found there does not depend upon the mere confession or parole declaration of the party, because the evidence that results from it is, that they are actually found in such custody; if they cannot make out that, they are found in the custody of the prisoner, if they cannot be brought home to the prisoner, without taking in the evidence of the prisoner, then so much of the evidence as depends upon the parole testimony of the prisoner must be rejected. It is novel in law, and extremly dangerous, and not consonant to the general principles of criminal law, for courts of that juridiction, to be holding out support of this sort of public faith; it is to say in other words, that felony may be compounded; if the party is promised encouragement, and upon the strength of that, the evidence of the goods that are found, is not to be produced against them; so far is the law from having this idea, with respect to public faith in promises, that the law goes great lengths against criminals; for instance in a civil case, the law would not allow a constable to put his hand into the pocket of the prisoner; whereas prisoners, and their lodgings are searched, and their pockets even rifled; all which, upon the principle of law is extremely different; and tho' I agree with my brother, whatever should be thought, to be the law on this subject, that this case does not fall within it; still I would not hear the council at the bar, assert that it has been the universal practice; without stating what has occurred to me, as to the practice, from the experience that I have had here.

Mr. Justice Nares. I perfectly noticed that in this particular instance, that case does not come within the rule laid down by Mr. Chetwood; yet I think no man should be bound to accuse himself, nor should any man, when lulled into a fatal security, with promises of being free, if he makes a confession, have that confession afterwards turned against him; I do not give my opinion here particularly, but I speak my own sentiments; suppose the crime to be ever so great, if a man having authority or power, a prosecutor or constable, says, let me know where these things are you shall go free, his life is concerned; and he relying on that promise, does make a confession, or does tell where the goods are, he ought to have the benefit of that promise; and so far I will venture to say, that in the little experience I have had, wherever confessions have been made; the people have been always asked whether it was voluntary; nay farther, whether the party was not apprized, that his life was at stake; if what my brother has mentioned is the opinion of the majority of the Judges, as he thinks it is, however I am bound by it, yet at the same time, I think it would be an exceeding hard case, that a man whose life is at stake, is to be lulled into security, and then because goods are found, which he has confessed, that confession is to operate against him. I only speak this as my opinion, as I think it a great hardship: We have read in other histories of other nations, that it is one of the particular species of fortune to tell the wretched; they shall be free if they confess, and immediately to turn that confession against them, I do not say, but my brother's law may be exceeding right, and he seems to mention it as the received opinion of the Judges; I do not contradict it, I only cannot help speaking the feelings of my own heart.

Mr. Baron Eyre . There is no doubt, but that other Judges have thought on this subject, in this same manner, that my learned brother does: This subject has more than once, undergone solemn consideration,

and according to my recollection not having my papers here; (I do not mean to speak with absolute certainty, and the case before us, does not require, that I should;) but according to my best recollection, upon a solemn decision of the subject by the Judges, a majority of the Judges were of that opinion, of which I have now professed myself to be; and I do know extremely well, that very able men did at one time think otherwise, and that was the occasion of the subject brought under decision.

Mr. Judge Nares. I believe something was mentioned, at the meeting of all Judges, but I did not understand, it is the separate opinion of all the Judges.

Mr. Baron Eyre . If a point should arise, it would be a very proper thing, that it should be determined in some solemn way, that it may receive a decision, one way or the other, in order that the law on this subject may be administered uniformly.

Prisoner's Council to Mr. Blackmore. Tell us exactly what was said?

Mr. Blackmore. I was, my Lord, at Mrs. Warrickshall's, at the delivery of the pintle, I went in with Carpenter, I took Mrs. Warrickshall aside, on the landing place of the stairs, I said, Mrs. Warrickshall this matter differs from the yarn; she said, will you speak for me? Says I, I can do no such thing believe I said with the navy-board; there were no considerations of favor or mercy, offered her by me, and I was particularly careful not to give any idea favor or mercy, because I knew to the contrary.

Prisoner's Council. My Lord, there is no evidence against young Warrickshall, but his going with the boat, and he is an apprentice to his mother, and he staid with the boat after he had landed his fare.

The Prisoner Jane Warrickshall called six witnesses who gave a good character.

The Prisoner Thomas Warrickshall called one witness who gave him a good character.

The learned Judge then summed up the evidence to the Jury, and added as follows.

You know gentlemen, if the two principals are not guilty, the accomplices cannot: With respect to Bell, who is one of the principals, there is nothing affects him, for what the other man says, who is a mere accomplice, without something confirm it, cannot affect him; because it is a certain rule, where one man thinks proper to take the guilt off himself, to put it on another, the law never credits that declaration: With respect to the other principal Littlepage, although the evidence of the accomplice, is very circumstantial, yet that would not do, without something to confirm it; but here is the strongest conformation in the world by Littlepage himself, for he says, that every word of this information was true: So, that there is a direct evidence by this Stannard, confirmed in the strongest manner by the prisoner, reduced into writing, and which cannot deceive: I cannot therefore see any thing that can be said in his favor, if you believe the evidence; supposing then, that Littlepage is guilty, then the question is, with respect to the other prisoners, who are indicted as receivers; and they you will observe, must know these things were stolen at the time they received them in order to be guilty: Now with respect to Jane Warrickshall , there seems to be the strongest evidence in the world that can be given against her: Here are two shipwrights apprentices, come and tell her, they had got such a thing, she never asked them how they came by it, lends them a boat, orders her son to go with them, she weighs it, and pays these two lads for it: how she came to, were how to put any value upon it, is not material; for it is that sort of value, that is one of the strongest evidences in the world to prove, that she must know that they did not come honestly by it, because it is not half the real value of it, considered even in the light of an old pintle, but here it is as good as a new one: You see gentlemen, these circumstances of her bidding her boy go with her boat at one time, at another telling where her boat was, afterwards putting this pintle in the cellar, and its being found between the bed and the sacking;

and another thing, her wanting to see Mr. Hankey, and when he says, what do you want with me? she says, I want to apply for your mercy; if she had been doing what she thought an honest thing, what mercy did she want: And therefore this confession she had made at all hazards, and all events, knowing she was guilty, and knowing there was a man in the house, that if she had denied it would have proved what she said to be false: Therefore, it stands for you to decide upon it, whether under all these circumstances, you think she received it, knowing it to be stolen: But I must make one observation more, and that is with respect to the little boy, her son, and apprentice; he might hear what was said, but he had nothing to do with it, he had nothing to do with the contract, between his mother and these men, he goes with the boat, is to bring what is mother agreed, they should fetch, but he know nothing particular of it, and therefore, I own for my part these are circumstances in his favor, and as many a lad acting under the conduct of his mother, I think it would be two hard to make him partake of the consequences of guilt, in an equal degree with the mother herself, however, gentlemen, you have the whole before you, you will take the whole into your consideration, and you will give your verdict accordingly; you will find Littlepage guilty, if you think he is guilty, and then with regard to the other two, the two Warrickshall's, you will find one or both guilty, as you think in point of conscience you ought to do.

THOMAS LITTLEPAGE , GUILTY , (Death.)

But his Sentence changed by the Court for Transportation for seven years .

JOSEPH BELL , NOT GUILTY .

JANE WARRICKSHALL , GUILTY .

Transportation for fourteen years .

*** She was tried again on the third day and found guilty.

THOMAS WARRICKSHALL , NOT GUILTY .

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

N. B. When sentence was pronounced on the Middlesex prisoners, Mr. Recorder thus addressed Thomas Littlepage and Jane Warrickshall ? With respect to you Thomas Littlepage , the law has left a power in the Court without applying for the interposition of your Royal Master, to mitigate the sentence of the law, and to reprieve you from the execution of that sentence; the Court are of opinion, that the circumstances of your case are not such as immediately require, the severe example of death; and therefore, it is the order of the Court, that you be transported to America for the term of seven years. And with respect to you Jane Warrickshall , you stand convicted of receiving stolen goods, on two several indictments; the offence is in sight of the law, so heinous, that the punishment of it is more severe, than that of other felonies, which are not punished with death; for in cases of all other felonies, the punishment seldom exceeds transportation for seven years, but the law wisely and truly judges that the offence of the receiver, is in general more dangerous, and pernicious than that of the thief: The Court has in your case, no power to mitigate your sentence, which is, that you be transported to America for the term of fourteen years.

Reference Number: t17830430-10

255. ANN BURTON was indicted, for feloniously assaulting Richard Dunn , in the dwelling house of Matthew Kennoy , on the 22d day of March last, and putting him in fear and danger of his life, and taking from his person, and against his will, one watch, the inside and outside case made of silver, value 20 s. one steel watch chain, value 12 d. one stone seal set in base metal, value 2 d. and one piece of gold coin of this realm, called a half guinea, value ten shillings and six-pence, the goods and monies of the said Richard .

RICHARD DUNN sworn.

I live in Oxford-street, I know the prisoner; as I was going to my lodging, she asked me to go with her to her lodgings, which accordingly I agreed to, then she asked me to treat her with some Holland's gin, which I did, two or three half quarterns and some porter, there was another companion with her that brought in the liquor, after that happened, I begged to go to bed along with her, which I accordingly did, I paid her what she asked, and the other came in, I stopped, and I agreed to sleep with her all night.

Court. How much did she ask? - One shilling.

Who was the other woman? - I do not know her name, I had not been in bed above twenty minutes, before there came a knock at the door, this prisoner at the bar and a man threw me across the bed, and threatened to take my life away if I made any resistance, they laid hold of me, they put their hands in my mouth, which tore my mouth very much, my breeches were on the pillow, I held them as hard as I could, and I halloo'd murder two or three times, but I durst not halloo any more, and nobody came to my assistance, till after they had got off.

What did they do to you, when they threw you down on the bed? - They robbed me of my watch, and eighteen shillings.

Who robbed you? - The prisoner at the bar one, and the man I did not know.

Who took the money from you? - They all helped to aid and assist in taking it.

What, not the woman that you agreed to sleep with all night? - Yes, she was one.

Who was the woman that you agreed to sleep with? - I cannot tell her name, she was one of her companions at the bar, I took the constable, and took her the Monday night following, we found her at the opposite door, at the public house, up two pair of stairs, the watchman heard me when I cried out murder, they made their escape backwards, over a wall.

How did you describe this woman to have her taken? - I knew her very well,

Why you was with her but a little while? - I was with her an hour or two, I took more particular notice of her than the rest; I had not time to see the man; it was about ten or eleven o'clock, the 22d of March.

You immediately agreed with the other woman as soon as she came in? - Yes.

Why, she was the woman that brought you the gin? - Yes.

Did you go to bed with the other woman? - Yes, about the space of twenty minutes.

Was you drunk or sober? - Why I was not drunk at all.

What quantity of gin did you drink? - Only three half quarterns among three.

So you do not recollect any thing of the other woman, or of the man, nor of their persons? - No, not of the man particularly, because I had not time to see him.

Court. The woman brought the gin up, as soon as you went to this girl's lodging, that was before you went to bed with her? - Yes.

Was there a candle in the room all the time? - Yes, there was a candle, but it was put out when they all went out.

Was there a candle in the room, when you went to bed with the second woman? - Yes.

So you did not know this woman before that night? - No.

Then this woman came up, and gave you the gin, and drank a part of it, before you went to bed with this woman? - Yes.

Do not you recollect her at all, you seem to have been so struck with her, as to quit this woman? - I could not recollect her person at all, the man is a weaver, he is known very well, but they could not find him, he escaped.

Did you ever find your watch again? - I never made any enquiry after it, for I thought it was all in vain.

Nor the money, I take it for granted? - No.

Where had you been before you came home with this woman? - I had been along with two or three of my partners at work

at Somerset house, I was no ways in liquor at all.

What did the other woman immediately assist upon the others coming in? - Yes, she let them in.

DENNIS M'CARTHY sworn.

I am a watchman, between twelve and one, on the Sunday morning, in the month of March, I cannot tell the day, it is about five weeks ago, myself and the two patrols were talking together, and we heard the man cry out, murder! and went up, and the man was in his shirt, and his mouth was grazed a little with blood, he said he was robbed of two guineas and a half, says I, take care and recollect yourself, then he said, it was o nly ten shillings, and half a guinea, then the two patrols went in, and searched the house, but they could not find any body in the house, and I staid at the door.

SAMUEL HATTON sworn.

I am a constable of St. Ann's, on the Monday evening after the robbery, this man informed me he had been robbed of his watch, and half a guinea and some silver, and said, he had got some information about the parties, and desired me to go with him, which I did.

Court. Did he tell you who he was robbed by? - He said the person's name was Ann Burton , that he was informed of it by other people, and he had been looking about it all Sunday.

Court. Then he only told you what people told him? - No.

He did not say he knew her himself? - He said he should know her if he saw her, he said there were three parties, two women, and a man, I went with him then into Church-street, St. Giles's , and the house he pointed out where he was robbed was shut up; we went over to the Hammer and Trowel, a public house facing, there was a club assembled there, in the one pair of stairs as full as it could be, of Irish persons, I desired him to look into the room to see if she was there, he looked round very attentively, and said she was not there; we went into the two pair of stairs room, and there were seven or eight persons there, and he said, that is one of the women that robbed me, I will take my oath his mouth was scratched when he came to me; I took the prisoner, and kept her in the round house, I searched her, she had nothing about her, when I told her she must go with me, she called me a bloody thief, and said, she did not weigh forty yet.

Court. That is forty pound reward I suppose? - Yes, I suspected she wanted to get the Irishmen to assist her, I said, if she was not easy I would use her worse than she did the man on Saturday night, I saw the paling broke down, and fresh put up again, the boards were split.

He said, he could not tell now much he was robbed of? - Yes.

Court. Are you usually called out of your own parish? - Yes, very frequently.

You knew that there was a reward of forty pounds, she need not tell you that? - Yes.

Did the man describe any thing about his watch? - He said it was a family watch, and should be glad to have it again, he did not mind the money.

How was you to have it again, if he did not describe it? - I asked the prisoner about it.

Court. But you apprehended there was forty pounds, did not you? - No, my Lord, because I was certain sure to the contrary, because it was told me at the examination.

That was not at the time that you took her? - It was when I apprehended her, I cannot say exactly.

PRISONER's DEFENCE.

As I was standing at the corner of Hog-lane, this young man came to me, & asked me to take a glass of liquor, he asked me where I lived, and could he go home with me, I told him yes, he and I went home together, and he sent for some gin, he asked who the other was, he said, call her in, she said she did not care if she had a drop of gin, and went and fetched it, and after that he had two or three pots of beer, and he asked her to have something for supper, he and the

young woman agreed to go to bed together, he asked me if it was any harm to me, I said no, I was as willing for her to go to bed with him, as not, and he asked me to quit the room, and I wished them a very good night, and I never saw him from that time, till the time I was taken a prisoner.

Court to Prosecutor. Had you any beer there? - Only one pot.

Court. If I understand you, they seized you the moment they came in? - The very moment.

Court. The candle was out then? - No, not then.

You was in bed? - Yes.

Was there any curtains? - None at all.

NOT GUILTY .

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

Reference Number: t17830430-11

256. GEORGE ADAMS was indicted, for feloniously, and burglariously, breaking, and entering the dwelling house of Webbe Hobson , Esq ; on the 27th of March last, at the hour of seven in the night, and stealing therein a block-tin half pint pot, with a glass bottom, value two shillings , the goods of the said Webbe Hobson .

THOMAS HENDERSON sworn.

I am servant to Mr. Hobson, No. 50, Upper Charlotte-street ; on the 27th of March, I was in the kitchen along with my fellow servants, about half after seven at night, and one of them, who was a black woman, said, she thought she heard a noise in the parlour, I listened about the space of a minute, and I said, I am afraid there is somebody in the parlour, and I immediately ran up with a candle in my hand, and I saw the prisoner in the parlour, and I made towards him, then he was making his escape out of the window, he was on the chair that stood close by the window, I made a snatch at him with my hand, and he sprang out over the rails, and got out; I ran out of the hall door, and perceived the prisoner on the opposite side of the way, I cried Stop thief, he was running away when I saw him, and when he came to the corner of North-street, he turned round at the post, and put his hand in this manner, and said, damn you, keep off, I was afraid he had a pistol, and was going to fire; I stopped my head down, then he run, and I run after him, and he had not run many yards before he was stopped; nothing was found upon him.

Court. You are sure that he was the same man that you saw in the parlour? - Yes, my Lord, I am quite sure.

Was it dark or light? - It was dark, but I had a candle in my hand.

How far was he when you saw him again in the street? - He got on the opposite side of the way.

Are you quite positive? - Yes.

When had you been in the parlour before? - The windows were down I never remember their being left up, I am sure they were down, for my master was gone to the Royal Circus; and they were left down when he went out, and I am sure nobody else opened them.

Which way did this man get in? - He got into the parlour window, because the blind was forced almost down, and in his endeavouring to get out, he forced it down entirely.

How do you know that this pint mug was lost? - When I waited at dinner, the mug was there then, and when my master went out it was there.

And what became of it afterwards? - I cannot be sure, we missed it when we came to look into the parlour to see what was gone.

Was there any plate on the sideboard? - Some.

None of that was gone? - No.

You did not see the mug in the prisoner's hand? - No, my Lord, it was never found afterwards.

TIMOTHY EVANS sworn.

I was going to my master's house, No. 28, Charlotte-street, as I knocked at the

door, I heard the cry of Stop thief! I stopped the prisoner, and we took him back to Mr. Hobson's house, and I went into the parlour, and saw the blind tore from the bed of the window.

How far was the prisoner from the house, when you saw him first? - I cannot say.

Was any thing found upon him? - No, only a knife.

PETER DELABOIG sworn.

I am a marble polisher, on the 27th of March, about eight at night, I was going along North-street, I heard the cry of, Stop thief! in Charlotte-street, and I saw the prisoner running across the end of North-street, and the prosecutor at his heels, the prisoner turned round, and put himself in a position, as if going to fire a pistol at him, then he ran again, and he was stopped by Timothy Evans ; I collared him, we conducted him to Mr. Hobson's house, when we got into the hall he desired me to loose hold of his arm, for it was sore; upon my refusal he swore an oath, and said, if I did not, it should be worse for me, and he was feeling under his coat on his left side, I desired a man to search him, and he took that knife either out of his side pocket, or out of his waistcoat pocket, I cannot tell which.

Court. What did he say for himself? - He said that he heard a cry of stop thief, and that he ran to catch the thief.

JOHN LEE sworn.

I am the patrol, I brought him to the watch house, at first he said he would go quietly, then he began to kick his legs, and lean backwards and struggle; at last we got him to the watch house.

PRISONER's DEFENCE.

I was coming down the street, and heard an alarm of stop thief, a gentleman came and laid hold of me, and said, I believe you are the thief, I said, I am not; he said, I will take you whether you are or no, they searched me, and I had nothing about me; I have no witnesses.

Court to Jury. If the windows were open, and this man got in at the open window, it will not constitute a burglary; there must to constitute a burglary, be breaking or entering; the lifting the latch, or lifting up a sash, is a sufficient breaking in point of law.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-12

257. JANE GRIFFITHS was indicted for feloniously stealing, on the 5th of March, 1782 , two silver table spoons, value 10 s. one cotton gown, value 8 s. one cotton petticoat, value 4 s. one dimity petticoat, value 5 s. four linen cloth aprons, value 12 s. one worked lawn apron, value 3 s. three lawn caps, value 3 s. two muslin neck handkerchiefs, value 4 s. one diaper table cloth, value 8 s. three lawn stocks, value 6 s. and five pair of cotton stockings, value 5 s. the goods of Joseph Perry , in his dwelling house .

JOSEPH PERRY sworn.

I live in Great Stanhope-street, Clare Market , the prisoner lived servant with me, about a fortnight or thereabouts; on the 5th of March, 1782, Mrs. Perry having a large wash, had an occasion for a washerwoman to assist her, she came early in the morning, about four o'clock, and knocked some time at the door before the prisoner let her in, and then set the washerwoman to wash, and gave her part of the linen, about five o'clock the woman came and knocked at my chamber door, to enquire what was become of the maid, she said she should come down to assist her in washing, and to know whether we knew any thing of her, we told her we thought she had been with her; I arose and could not find her; when Mrs. Perry came to examine, she missed those things that were in the indictment; in consequence of that I went in pursuit of her, I thought as there was a load of things, for there are many things that were not in the indictment, that unless she had some accomplices she could not be gone far; I applied to the office in Bow-street, and we advertised her, and could find nothing of her, but about six weeks ago Mrs.

Perry going towards White-chapel, saw the prisoner standing at a publick house door, with the gown on.

MARTHA PERRY sworn.

I missed the things mentioned in the indictment as soon as the prisoner went, I saw the cloaths and the spoons the last thing when I went to bed the night before, I am sure of it, and the spoons on the table.

What became of the washerwoman? - She is here.

Where did you see the prisoner? - Returning from Deptford, I saw the prisoner and another woman sitting at a public house door near Iron-gate.

How came you to know her again? - Very well, I put my hand upon her, and said, oh! Jenny how could you rob me so, and she struck me twice, till she stunned me, and then she ran over Tower-hill, I called after her as well as I could, and this man took her.

Are you sure that that gown that was upon her when she was taken, was your gown? - Yes, I am sure of it.

What did you know it by? - When it was almost new there was a spark of wood struck it, and I strove to match the colour, and there is a piece put in, and I have a piece of that colour at home.

You have no doubt at all but that is the same gown you lost? - No, my Lord, and here is a piece the fellow of it.

Did you ever get any of the other things that you lost? - No, my Lord, she made me no answer, but struck me twice, she was gone above a twelvemonth before she was taken.

THOMAS HORNTON sworn.

As I was going over Tower-hill, just by Iron-gate, I saw this Mrs. Perry stop the prisoner, and she struck her twice, and she run away, and I caught her, and brought her to the officer, and had her secured, and I had a bit of the gown cut out at the Justices to be sure of it.

PRISONER's DEFENCE.

I bought the gown about six months ago of a woman, that might be a Jew woman, I gave eight shillings for it.

Court. Have you the woman here that you bought it of? - No, my Lord.

How came you to leave your place? - My master and mistress fell out and had very great words, and I really thought there would be murder, and they both fell a fighting, and I was rung up before I had been in bed a quarter of an hour, and then they sent for me up again, and there was my mistress all undressed and her mouth all bleeding, my master was in his shirt, and my mistress had the poker in her hand, and they had broke some glasses, and I went down stairs again, and I had not been in bed long, you know, madam, you was at the top of the stairs, and you said my master was gone to fetch a watchman, and I was so frightened I did not know what to do.

Court to Mr. and Mrs. Perry. Is there any truth in this story? - None at all, it is totally false what she says.

Did not the watchman come in? - No such thing.

Court. You had no quarrel that night? - Not that I know of.

Prisoner. Please you my Lord, they did not go to bed till past three o'clock, and you know, madam, you came down and struck a light to take into the parlour; and as soon as the washerwoman came, I went my ways, you know the watchman came in, do not you remember you came down, and you asked me particular where the tinder box was? I have no witnesses.

Mrs. FORESHALL sworn.

Are you the person that went to the house of Mr. Perry to wash, at the time the young woman left her place? - Yes.

What time did you come? - A little after four.

Who let you in? - The maid.

How often did you see her after? - Not above two or three times, she went backwards and forwards to bring the things, she said she was going into the yard, she said that my master and mistress had had a few words, she told me that when I first came, she said that they were just gone to bed.

Did she complain of it and express any inclination to leave her place? - None at all.

Had you known the family before? - Yes.

What is Mr. Perry? - A bricklayer.

Did you tell them what this young woman said? - Yes, Sir, I told them, that how I thought she was gone into the yard, for she told me she was going; and I think she answered me out of the parlour, when first I came, but I am not sure; my mistress got up directly when I called her.

Court to Mrs. Perry. Why did you deny this disturbance that happened at your house? - I think my word is to be taken, we had no disturbance in the house; I generally pack up every bit of linen, and set it down, and look it over, I am very particular to see there is not a stitch out, or a wristband, or any thing at all.

Court to Mr. Perry. What were those things worth that you lost? - I have not set half a quarter the value on them.

What might they be worth at a low valuation altogether? - About fourteen pounds, they are not laid above the value of four pounds in the indictment.

Court. What might the gown be worth? - It cost me thirty five shillings without the making, the gown and coat together.

The prisoner called one witness who gave her a good character.

GUILTY, Of stealing to the value of thirty five shillings .

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

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

Reference Number: t17830430-13

258. SARAH LEACH was indicted for feloniously stealing, on the 26th of March last, three yards of muslin, value 40 s. the goods of Daniel Gwynne , privately in his shop .

DANIEL GWYNNE sworn.

I am a linen draper , in Parliament-street , I was not present when the prisoner came into my shop, I only prove the property; the prisoner was taken the next day as she was going by my shop, she first of all denyed taking it, but afterwards she asked how much the muslin would come to if she was to pay for it, she said she knew nothing of it; after some little time she said, would I forgive her if she produced the muslin, I told her I should not, I should certainly punish her, I was determined to punish such people, as I had been frequently taken in; she begged I would forgive her, and if I would let my young man go with her she would let him know where it was.

THOMAS ROBINSON sworn.

I am shopman to Mr. Gwynne, on the 26th of March, the prisoner came to me, and desired I would shew her some fine muslins, either striped, spotted, or corded, she did not care which it was, but it must be fine and curious; I shewed her some spotted muslin, and some streaked, she bought a quarter of a yard of the spotted, and gave me four shillings and sixpence for it, in the mean time she stole a quantity.

What do you mean by one quantity? - It might be two yards and a half.

How do you know she stole it? - I did not see her take it, but immediately after she was gone I missed this muslin.

What did you miss? - Fine streaked muslin.

A piece or what? - I fancy there might be about three yards.

Was it a separate piece? - Yes, the piece had been in paper amongst the rest that I shewed her, and she asked me the price of it, I am sure of that, I cannot exactly say what it contained, but last Christmas when we took our stock, I measured three yards and a half, and no one in the shop can recollect cutting it since; but I cannot positively swear that any of it was not sold since.

Was it off that piece that she had bought? - It was part of another.

What might that piece that you missed be worth at prime cost? - It cost us seventeen shillings and six-pence a yard.

You cannot speak to the quantity there was then of it? - I cannot, she was got out of the shop, clear off before I missed it two minutes.

When did yo u see her again? - The next day she walked by the shop, I knew her again, and followed her directly, and charged her with it, she denied ever seeing it, she said she had been a very good customer and was very sorry such a thing should be supposed of her, as she had laid out a great deal of money; she told me she lived in Peter-street, Westminster, but afterwards we found she lived over Westminster-bridge; she continued to deny it for some time, but going to Justice Hyde's she caught hold of my hand and said, my dear sir, if you will forgive me, I will tell you where you may see the muslin; I told her it was out of my power to forgive her, she must apply to Mr. Gwynne; when we got to Justice Hyde's she denyed saying any such thing, she said it was the muslin she bought that she meant, upon that Mr. Justice Hyde granted a search warrant, and I went to her lodging and found part of the muslin, which was of the same piece that she took the day before, there was about a yard and three nails; after that she confessed where the remainder of that piece was; it was at the pawnbroker's in St. Margaret's church yard, I got it; there was about a yard and a half which she pledged for eight shillings.

ROBERT CLARK sworn.

Here is a yard of muslin which I took from the prisoner at the bar, I took it the 27th of last March, between ten and eleven in the morning, I am sure it was the prisoner, I have known her some time.

(The Muslin deposed to.)

PRISONER's DEFENCE.

I have been a person that has been very well brought up, and have been in a very good way of business, I have met with very great misfortunes, which has reduced me to do the thing I have done, which I do not deny; I was ashamed to beg; I did this wicked deed through the greatest distress, I have great friends to speak in my behalf that have known me from a child; and so I surrender myself to the mercy of the Court, and the Lord have mercy on my precious infant.

DANIEL PLEASE sworn.

I live at Lambeth Marsh, I am a carpenter, a house keeper, I have known the prisoner ever since she was ten years of age, she is now turned of thirty, she is a journeyman carpenter's wife, her husband is at home, he works for me, and has done for some years, they lodge with me, they have another child besides, the young one she now has in her arms.

Court. What character did this woman bear? - A very good one, I never knew any blemish in her character, she never had but one place, and she lived in it ten years.

Court. Do you know if her family is in any distress? - Yes, my Lord, they kept a chandler's shop and ran out a good deal of money, they were very much imposed on, and lost all they had, and I believe they are in very great distress; they owe me a great deal of money for rent, and I am sure they would have paid me if they could.

The Prisoner called four other witnesses who all gave her an exceeding good character.

Court to Jury. The defence of the prisoner is rather addressed to your compassion than your justice, for she does not deny the fact but pleads for mercy; therefore if you think her guilty, you are bound by your oaths to find her so, however painful it may be.

GUILTY . ( Death .)

The Prisoner was humbly recommended to mercy by the Jury.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-14

259. MARY NASH was indicted for feloniously stealing on the 5th of March last, six silk and muslin handkerchiefs, value 12 s. six pair of childrens stays, value 25 s. one linen gown, value 7 s. one cotton gown, value 10 s. three silk and cotton handkerchiefs, value 5 s. five other cotton handkerchiefs, value 5 s. three linen handkerchiefs, value 3 s. and one cotton shawl, value 2 s. the goods of John Blackhall , in his dwelling house .

SARAH BLACKSHALL sworn.

I live at Brentford , I am the wife of John Blackshall ; on the 5th of March, the prisoner came into our shop between eleven and twelve, there was no body in the shop when she came in, I did not see her take the things, but a little boy saw her with them in her apron, and I saw the things lay at the street door upon the step, and she was in the street running away, there were six pair of stays and two gowns, twenty three handkerchiefs altogether, but I cannot remember directly what sort they were, there was one cotton shawl, the prisoner was taken and brought back to the shop, she was charged with taking the things, and asked my pardon, and said she did it for want.

WILLIAM PRICE .

How old are you? - In my thirteenth year.

Do you know what you came here for? - Yes.

For what? - For this woman to be tried.

What do you come to do? - For an evidence.

Do you know the nature of an oath? - Yes.

What will be the consequence if you speak what is false? - If I take a false oath, I must go to the Devil.

Court. That is very true, and besides that you will be liable to be punished here for it.

Sworn.

My mistress was gone out of the shop into the kitchen, and left me to rock the child, I was in the parlour fronting the shop, I got up and said to the little girl that was with me, who minds the shop, and then I saw a woman going out of the shop with her lap full, and I opened the door and run after her and jumped down the steps, and before she got to the next door I caught her, and I asked her what she had got there, and she said, nothing, I said, I am sure you have, and you shall come back, she said I shall not you saucy dog, says I, I will make you, then she said, I will come back and shew you what I have got, and when she came to the steps, I saw her throw down the linen and run away again.

Court. Were these the same things that lay on the step when your mistress came up? - I cannot be sure of that, because I left them, and a gentlewoman picked them up.

( John Blackshall produces the things.)

Court to Mrs. Blackshall. How far was the woman and the little boy got when you found the things on the step? - About thirty yards, I saw the little boy running after her, and immediately on my coming out, I saw the things laying on the steps.

Court. How do you know them to be yours, have they any particular mark? - By handling them so often, and having them in my shop.

Court. But several of the things I see are common goods, the handkerchiefs for instance, have they any mark? - Several of them have.

Court. Pick out such things as you can be sure to speak to, Mr. Blackhall. - This gown I marked.

What may the value of that gown be? - Ten shillings, this gown I am sure of.

What may that be worth? - This is valued at seven shillings, it is marked to sell at ten shillings; the stays are all marked.

Court. Were they marked before they were lost? - Yes.

What may the stays be worth? - I valued them at twenty five shillings.

PRISONER's DEFENCE.

I never was near the shop, I was used very ill indeed by that boy coming from the Justice's; he used me very ill, and as for an apron, I had no such thing on; the boy said coming away, he would have a journey to London, he liked the ride. I have not a creature in the world to speak for me.

Jury to Price. Did you ever lose sight of the woman, after she dropped the things? - No, Sir, only when she turned the corner.

How long? - Not a minute.

GUILTY Of stealing to the value of 39 s.

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

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-15

260. ROBERT ROGERS was indicted for feloniously stealing on the 15th of March last, one pair of silver shoe buckles, value 10 s. the goods of Mary Lindsey , spinster .

MARY LINDSEY sworn.

I have known the prisoner, backwards and forwards in the street, for a twelve month and better, I was in my uncle's house in Westminster , in the back yard, on the 15th of March, and the prisoner took the opportunity of coming through the house, and forced the buckles out of my hands.

Court. But he did not do that at once I suppose, tell us all that passed between you? He had often asked me for them, and I told him I could not give them to him, because my mother would be angry.

How came the buckles in your hand? - I was going to put them by.

What in the back yard? - No, Sir, I had them in my hand.

So he took them by force, and carried them away? - Yes.

How long did he stay, with you that time? - Not ten minutes.

What did you do about the loss of these buckles? - About a fortnight afterwards, one of his comrades wives told my uncle of it, and he told my mother, and then went for a warrant.

Court. You got a warrant, after your mother knew of it? - Yes.

Court to Jury. You need not go any farther on with this I believe gentlemen.

NOT GUILTY .

Court to Mary Lindsey . Your uncle should have had more sense, than to have made you come here, on such business as this.

Tried by the second Middlesex Jury before Baron EYRE .

Reference Number: t17830430-16

261. FREDERICK WILLIAM EALIAS , was indicted for feloniously stealing on the 27th of March last, one leather cloak bag, value 2 s. two horse rugs value 4 s. one pair of cotton velvet breeches, value 20 s. twenty four case knives with ivory handles, value 8 s. twenty four case forks with ivory handles, value 4 s. one silver table spoon, value 10 s. two teaspoons, value 3 s. the goods of Thomas Newnham , Esq ;

THOMAS NEWNHAM , Esq; sworn.

I live in Hatton-street , the prisoner was my second footman , I cannot say I missed any thing, only as my servants informed me, on the 27th of March: The prisoner came to live with me about the 6th or 7th of December, in consequence of a very good character, and upon my servant's informing me, that I should find many things missing, particularly two horse-rugs, and a pair of new Manchester breeches, (I had given new liveries just before,) I went into the stable and bade the prisoner put the horse rugs on; he seemed much confused, and asked the coachman were they were; then he said, he was going to fetch them; says I, you shall not go out, for I will know what is become of them, I desired him to come into the parlour, and taxed him with it; he said it was poverty, and that his wife was in distress, and that he had taken them home to cover her; I told him poverty I pitied, roguery I detested; however, that there were a number of other things, I must enquire about, he said he had pawned his breeches, there were some knives and forks, some silver spoons, he said, he had taken three of them, and pawned them, one gravy spoon two tea spoons, and pawned three more of them, but when I was going down in the country two days before, that I might have them tea spoons to breakfast, he had taken them; he told me where they were pawned, and some of the pawnbrokers are here.

Prisoner. My Lord, as I have no council nor attorney, my circumstances not permitting me to employ any, I would wish to ask Mr. Newnham whether he had missed any thing in his house, excepting the two horse rugs? - I have just said, that I missed nothing till my servants told me.

Court. I fancy what he wants to know is, how you came to know it.

Prisoner. Had you missed any spoons, Sir, before I told you they were pawned? - No, I had not.

Prisoner. I should be glad to know, what Mr. Newnham means by several other things, that were found at my lodgings.

Court. He cannot properly answer that, the constable and servant that went to search your lodgings will answer it.

JOHN NORMAN sworn.

I am footman to Mr. Newnham, I went with the constable, and found the things at the pawnbrokers.

Did you find any thing at the prisoner's lodgings? - Yes, my Lord.

Where were his lodgings? - In Wine-street, just at the top of Hatton-street.

Who did you find in the lodgings? - His wife was just coming down stairs as we went in.

What part of the house did his wife lodge in? - I believe it was one pair of stairs.

How do you know it was his room, or his wife's room? - The wife went back with us into the room.

What did you find? - I found two horse cloths, and a little portmanteau; there were a dozen knives and forks in the room.

Do you know any thing of these things being missed from the house? - Not from the country house, my Lord.

But from the town house? - I suspected there were some things missing, there were a dozen knives and forks, my Lord, missing, there was no particular mark on them.

THOMAS HOTCHKINS sworn.

I am a constable, I went up into the prisoner's apartments with his wife, we met her at the door, she was going to the prisoner, he sent for her; she shewed us up stairs, and the footman saw the horse cloths, says he, them are our horse cloths; then she took them off the bed, and gave them to him; and I asked her, have not you some knives and forks, yes she said, then she went to a little closet by the fire side, and brought some knives and forks, and gave them to the footman; likewise the footman said, that is my master's portmanteau, she said it was.

Court to Norman. Do you know the portmanteau, and the knives and forks? - They are very much like my master's.

Mr. Newnham. The portmanteau is mine, and the other things are exactly like the things I have got.

SAMUEL LOWE sworn.

I am a pawnbroker in Baldwin's-gardens, I have twelve knives and forks, a pair of breeches, a table spoon, and a tea-spoon, I took them of the prisoner; the tea spoon the 18th of January, the twelve knives and forks the 18th of February, the table spoon, the 19th of March, and the breeches, the 21st, in the name of William Smith , (The things deposed to by Mr. Newnham) the great spoon has my crest on it, the tea spoon has the letter N I can likewise, swear to that; the other things are exactly the same pattern as these that I have, the breeches are the same that I give to my servants, my servant has the exact fellow pair on, but the taylor is here that made them.

JOHN EDWARDS sworn.

I am apprentice to Mr. Coates the corner of Dove-court-lane; I have one silver tea spoon, I am not positive whether I took it of the prisoner or his wife, it was pledged in the prisoner, wife's name, on the 22d of January, there is the letter N upon it.

The spoon deposed to by Mr. Newnham.

THOMAS JONES sworn.

I am a taylor, I made these breeches for Thomas Newnham Esq;

Court to Prisoner. Now, Sir, this is the time for you to make your defence.

Prisoner. Does pawning the property with intention to steal it, or to replace it again lessen the crime, my Lord, if the intention is proved.

Court to Prisoner. How far, it may mitigate the complection of the offence, so as to make you the subject of mercy or not, is one thing; but the question is, whether the replacing it will reduce it from a felony, to a misdemeanor of any other kind, and I say no; it is felony for a servant to pawn

his master's property without his consent; I am not bound to give you his answer, at this time, but as you have put the question, I do it.

PRISONER's DEFENCE.

When I went to hire myself as a servant to Mr. Newnham, which was about the 6th or 7th of Dec. he said, I should have so much per year, and a livery, and that, as it would be some time before his other servants came, I should wear my own cloaths till then; and he would allow me something for wearing them; and as I was to go out with the carriage with my lady; he expected me to go very genteel; I told him I had sufficient cloathing, to appear as genteel as any gentleman in the city; I served him near three months before I had my livery, in the course of that time Mr. Newnham and his Lady, had frequently complained, that they were ashamed to go out with me, because I could not keep myself clean enough; I had things in pawn, which I wanted to redeem, as soon as I could get money; and I pawned these things to redeem those: I acknowledge the pawning of them: My master gave me orders to buy a sack of oats, and desired me to pay for it, I was loath to expose my poverty to my master, and those things, which were given under my care, under my own lock and key by his desire, and which, if I had lost any, I must have been answerable for them, I pawned: I put in one of his table spoons, to pay for the sack of oats, he shortly after paid me for those oats; then I got it out again; and I found my livery did not come so soon as I could have wished, and as I had put them in and got them out again to pay his expences, I thought I could do them again for myself; when the quarter was due, there was about three pounds due to me then, and with what money I had in my pocket, I could have redeemed them, I was very urgent for the money, he said he would pay me the next morning, but he did not; he was generally very busy in the morning, and if he was troubled by a servant carrying in a message, he used to be in a passion; and I did not like to trouble him; he paid me I believe about three weeks after my quarter was due; he gave me two guineas, in part of my quarter's wages; at the time the horse cloths were missing, he asked me for them, I told him, I believed they were in the manger, and I pretended to look about for them; but knowing they were not there, he called me into the parlour, and said, William you know where they are, and if you will not get them, I will charge a constable with you directly; I told him I had a wife and a child at home, and had taken an unfurnished lodging, and that they were at home; I told him that a friend had lent me some things; and he asked me before the constable, if there was any thing else pawned; he said, he had missed a pair of shoes, but he saw they were brought back again, I told him they were pawned the corner of Dove-court, them I fetched home as soon as he paid me my wages; these dozen of white handled knives and forks, were pawned at Mr. Jarvis's, in Fetter-lane, I was going out with my master behind the carriage, before I went out in the morning, I gave my wife a pair of silk stockings, which I had bought to pawn, and says I, fetch that dozen of white handle knives and forks, and when I return I will replace them, two days before I had redeemed four tea spoons from the corner of Dove-court, and carried them home in the country, and there left them; this portmanteau he desired me to lapsup a couple of young pigs, and bring them to town, one I was to leave at my master's, and it is a portmanteau that I generally buckle behind my saddle; I had two or three pair of shoes, stockings, &c. I brought th em from the country; and carried them, and the pigs, all the things in this portmantua, left it at my lodgings, with the things in it; and not with intent to steal it: And was he to speak like a gentleman, he would signify to your Lordship, that he does not believe, I meant to defraud him of any of the things; he promised me before the constable, that provided I should make him an open confession, and he promised the constable, which I doubt not will not deviate from the truth, that he should not hurt me, if he got his things again; he said, he would sooner

prosecute the pawnbroker, than he would me, and it is well known, my Lord, by the pawnbroker, that I had put these things in at different times, as I was necessitated for money for his use; and he did not pay me my bills weekly, sometimes it was longer; I have a wife near her time of laying in, and four small children besides, destitute of every thing in the world; another thing I wish to represent, Mr. Lowe, when I offered the knives and forks, he asked me to sell them, I said, no; if I had meant to defraud my master, I certainly should make the most of them; I pawned nothing, but what was under my own care, if I had a mind to have robbed him, I could have robbed him of seventy or eighty hundred pounds worth of plate; I am now at the mercy of your Lordship, and I hope your Lordship, and the Prosecutor, and the Jury, will prove merciful to me. I have not one witness here, I was informed in Newgate by Mr. Pitt, that I should be tried by the London Jury, and there was not one of the trials before the London Jury, was to come, till such times as the country was finished, and Mr. Pitt, the turnkey, told me this morning, I should not be tried to day.

Court. If that was the case, and if you really could have had witnesses, why did not you when you came up now, state it to the Court, and desire to have your trial put off.

Court to Mr. Newnham. He has stated it as a fact, that before he had made any confession to you, you promised him you would not prosecute him? - I deny that, all that I said to him was, from the time, I took him in the stable, till the constable took him with me to Mr. Justice Blackborow, I said to him, William, I will not lose sight of you, I will have all my things, and when he went down on his knees, and made use of horrid words, such as wishing, that God Almighty would never receive him into his favor, if he had taken any thing of mine, I said, I would know; he then said, he had pawned them. I believe I had bespoke some oats, which were not come in; I did send him to buy a sack of oats, I paid him the next day, but I constantly paid him every Wednesday, when he came to me, he appeared to be very poor, and upon his coming to me, I gave him a couple of guineas, and when he asked me for his wages, I gave him a couple of guineas.

Prisoner to Mr. Newnham. Did you give me a couple of guineas at first, it was only one guinea, and that was to lay out for cards.

Mr. Newnham. Here is the prisoner's receipt.

The prisoner's receipt produced for four guineas.

Prisoner to the Constable. Did not you hear Mr. Newnham promise to forgive me, if I would tell where the things were? - The thing was asked by the prisoner, but as to Mr. Newnham ever speaking a word that he would do such a thing, I do not recollect it, and I was in the room all the while.

Prisoner to the Council. Did not Mr. Newnham promise before you, that he would not hurt me, provided I would tell? - I say no.

Do not you recollect when we were coming from Clerkenwell Bridewell, one of the constables asked you if Mr. Newnham had shewn me any favour; did not you acknowledge in the coach that you heard him say, that he would not hurt me, or prosecute me if he could any ways help it, and upon my telling him the truth; and did not you say, that you did not believe Mr. Newnham would hurt me? - I did say that I did believe Mr. Newnham would not hurt you if you told the truth.

Prisoner. Ah! Mr. Hotchkins. My Lord, I am entirely at your mercy, and the mercy of the Court, my life is sworn away in a malicious mannner, and I submit myself to my fate; God knows in my conscience I am clear of ever having any intent of robbing my master, had I had a mind to have done it, I could have done it frequently: I am ready to submit to my fate, if it was to go to be hanged, but it is my duty to beg for my poor disconsolate wife and family;

if I must be banished my country, I must; but I humbly beg of your Lordship to inflict any imprisonment upon me, even during the remainder of my life, so that I might but see my wife and children, and I should be for ever bound to pray for your Lordship.

Court to Jury. You perceive, Gentlemen, by this indictment not being laid capitally, there could be no intentions against this man's life, however the strictness of publick justice, and the nature of the offence, which is, that of a servant robbing his master, might have called for a capital prosecution: A servant pledging his master's property without his consent, without any regard whether he had any intention in his mind to reinstate them at a future time, I cannot hesitate to state to you as a felonious taking; if it was not so, no man who has servants would be safe in his property; every servant that pawned his master's property might assert, that he he had such a mental reservation. The prisoner has told you a long story, the amount of it is the acknowledging the pledging these things, but endeavouring to give some colour for the pledging; not at all meaning as he asserts, to wrong his master in the end; whether his manner of telling his story was calculated to make a favourable impression or not, is a question not material for me to state to you; but the effect of it is, that his defence amounts to a confession, because it is confessing the having pledged his master's property without his consent: The prisoner has said a great deal of the circumstance of being surprized with regard to his trial coming on; whether he could have had any witnesses to his character, I do not know, but no man in this place is pressed or hurried to his trial, where there is a hope that a little delay will be of any service to him; and the prisoner might have had the same indulgence, if he had mentioned it in time, that prisoners have, and will continue to have whilst the law continues to be administered in this place: the case is therefore, to be taken upon the facts, and upon the facts I do not find a question, on which there can arise a matter of doubt; the matter of fact is, the prisoner has whilst in his master's service, without his master's knowledge or consent, taken his master's property out of the house, and also had part of his master's effects in his possession; there is one single article, that he has given a reasonable account for, which would, I dare say, have been received by you, and that is in the case of the portmanteau, but there are other articles, to which no answer has been given, and therefore, there is sufficient evidence of a felonious taking, which amounts to a proof of this indictment.

GUILTY .

Prisoner. My Lord, I would wish as a favor, that your Lordship will pronounce sentence upon me now at the bar.

Court. Sir, you have no pretensions to extraordinary favor; I do not think your case nor your manner of conducting yourself at the bar, nor your manner of talking of your master, entitles you to any favor. - Withdraw your prisoner. - (The prisoner taken away, but called back by order of the Court.)

Court to Prisoner. Sir, you have alledged, that you were surprized by being tried now; expecting to be tried in London; now there is I understand another indictment against you in London, and therefore, if you think it will be of any use to you, and will give you any opportunity of representing your character and conduct in a favorable light, that you should be tried on that second indictment, the Court will go out of its usual course, by trying you a second time.

Prisoner. My Lord, I thought the things I have been tried for now, were from the country house.

Court. Sir, you have nothing to do, but to answer the question; do you desire to have an opportunity of being tried on that second indictment.

Prisoner. What is it an indictment from Mr. Newnham.

Court. Yes, Sir.

Prisoner. I do not understand the meaning, of your Lordship's question.

Court. Sir, the meaning is this, you complained that you was surprized, that you had not an opportunity of bringing your friends here to speak for you; I now tell you, I will give you an opportunity of bringing your friends here to speak for you, if you wish to be tried on that second indictment, it might alter perhaps, the sentence of the Court, with respect to the degree of punishment you deserve: Do you desire to be tried on the other indictment.

Prisoner. My Lord, I really am surprized in respect to the other things.

Court. Take him from the bar.

Transportation for seven years .

Tried by the second Middlesex Jury before Mr. BARON EYRE .

Reference Number: t17830430-17

263. JOHN MEES was indicted for feloniously and burglariously breaking and entering the dwelling house of Richard Upton , at the hour of three in the night, on the 17th of April last, and feloniously stealing therein two china bowls, value 4 s. one linen table cloth, value 2 s. one china tea pot, value 1 s. six china tea cups and saucers, value 3 s. three china basons, value 2 s. one delf bason, value 3 d. two stone basons, value 4 d. one stone milk-pot, value 1 d. one glad salt holder, value 3 d. and four pewter spoons, value six-pence, the goods and chattles of the said Richard Upton .

RICHARD UPTON sworn.

I live the corner of Southampton-row, Lisson-Green, near Paddington , I am a publican ; on the 16th of April, at eleven at night, my house was made quite secure.

Who was last up? - My wife and servant.

Are they here? - No, my Lord.

Who fastened the door? - My servant, I did not get up before seven in the morning, we never discovered any thing of it till then; then I went out of the outside of the bar, and I saw the outer part of the grove cut away, which seemed to be cut with a knife; the right hand shutter must have been taken down, and the next shutter slipped, that he might come to the other sash, he broke the bottom square of the middle sliding sash; I saw it shut up about nine; I lost the things mentioned in the indictment, the bowls would hold about three pints a piece, the spoons were three tea spoons and one table spoon.

WILLIAM SMITH sworn.

I live at the corner of Theobald's-row, Red Lion-street, I am a tallow chandler, and I had been making candles, and they were put out to cool, on the 17th of April, between five and six in the morning, and seeing the prisoner at the bar coming from Holborn, as there had been a fire that morning in Turnstile, and I suspected he had stolen the things from the fire; the prisoner's stockings were very black with dirt; he went down King's-road and I followed him at a distance; he turned into Gray's-Inn-Lane, and I perceived he was going the way that he had come, which I thought very singular; when he come to the corner of Portpool-lane I stopped him; says I, my friend you have china here, how did you come by it; says he it is my own, I have brought from Paddington; I perceived he had some other things; I let him go, and watched him; another man came up, and we followed him into Bradshaw's-rents, he got into a yard, and was clapping the things down, says I my friend you live here do you, yes says he, a gentleman put up a window and said there is nobody lives there, and I collared the prisoner, and I found this knife, which is a butcher's knife, upon him; the china was tied up, flung in any how, so that it seemed to be a very large bulk, and he carried it before him, and it went rattle, rattle; I believe I may have broke some myself in carrying them backwards and forwards.

(The things deposed to.)

HENRY KILMISTER sworn.

As I was going to work in the morning I came up Portpool-lane, and Mr. Smith and some more people were talking to the prisoner, I looked hard at the man, and seeing his white stockings were very dirty, we thought it was with the fire at Holborn,

the man was going down and was got some way Smith, it is very proper for there were pigs upon followed him to Bradshaw's-rents into the court where the prisoner was, we asked him what he was going to do with the things, he lived there he said.

Court. Had he put them down in any house? - No, in the open court, and a man that was looking out at a window said, no man lived there, it was an empty house; then we seized the prisoner and the goods; he made no resistance, he said he had the pigs from Paddington, and some of the goods were sent out of Hertfordshire.

Court. How far is Lissen-green from Theobald's-row? - About a mile and a half, or two miles.

How long would a man be walking there? - Being loaded he could not come very fast.

PRISONER's DEFENCE.

My Lord, I know nothing at all of the affair any further than this, as I told the gentlemen when they took me; I was going to the Rose, in Fleet-market, and I had the things at Mary-le-bone Turnpike, I was hired as a porter to carry them, I in Portpool-lane, at Bradshaw's-rents a basket maker lived; it is I should commit this robbed this says against me, because Clerkenwell but that very day, I have sent for Mr. Fletcher, he says I am very done by.

Court to Jury. Gentlemen, this is a capital offence, now you know extremely well, a burglary must be committed in the night time, it is possible that there was time to have taken these things very early in the morning while it was light, as I believe the sun rises before five in the morning; as to the taking of the goods, they were found upon him, but as for the burglary, I own, I think it is going too far to say he was guilty of that, because he might have taken them in the morning.

GUILTY. Of stealing, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17830430-18

264. MARY SMITH was indicted for feloniously stealing, on the 20th of February last, two linen shirts, value 4 s. the goods of Edward Humphrys .

ISABELLA HUMPHRYS sworn.

I am wife to Edward Humphrys , I live in great St. Ann's-street, Westminster , I missed two shirts some time in February from my one pair of stairs room; I had no person in the house but my own family, the shirts were found at Mr. Wright's, the pawnbroker's, the prisoner lodged in my two pair of stairs front room.

Court. Did any body lodge with her? - Nobody.

How long had she lodged with you? - Four or five months.

Where was she when you missed your linen? - She was just gone out, she never came home till I took her, which was on the third day after, at St. Martin's workhouse; Mr. Wright's man produced two shirts, which he took in pledge of the prisoner the 28th of February.

(The things deposed to.)

PRISONER's DEFENCE.

Sir, I was in great distress, I was a widow with two small children, I buried my husband out of her house.

Court. But your being in distress was no reason why you should rob that poor woman.

Prisoner. I meant to return them again, she knows I have worked at several places; I have no friend in the world.

Jury. I know the woman's face, I know she is a poor woman.

Court. The fact is clear, and we must not relax it, we must not allow persons upon any pretence whatever to pawn other persons goods without their consent.

GUILTY .

She was humbly recommended to mercy by the Jury.

Court to the Prisoner. You will have favour shewn to you this time; but if you are not able to maintain yourself by honest industry, apply to your parish.

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

Tried by the second Middlesex, Jury before Baron EYRE .

Reference Number: t17830430-19

265. ANN LOVELL was indicted for feloniously stealing on the 5th of April last, one silver tankard, value 5 l. the goods of Edward Hall , in his dwelling house .

EDWARD HALL sworn.

I am a publican , I live in the Parish of St. George's Middlesex, at the White Swan, Old Gravel-lane ; I lost my tankard the 5th of April, about six in the evening, the prisoner and a girl came into my house, and went through into the kitchen.

Did you see them? - There was nobody in the house.

Then you know nothing of that? - When I came in, I saw the prisoner in the kitchen, and a girl alongside of her, they called for a pint of beer, I drew it, the prisoner drank it, and came up and paid me; and about eight I missed my tankard, I found it in the prisoner's room, on the bed by her; there happened to be a woman that knew the girl, and by that information, I took the constable, and we went to the girl's mother, in New Gravel-lane, and we found the girl at the bottom of the stairs, and I took hold of the girl, and asked her where the woman was, that was along with her, and she said, she would go along with me to shew me, but she desired to go up to get her bonnet first; she did so, but finding she staid longer than, I thought necessary, I went after her, and going up stairs, I heard something like the lid of a tankard rattle on the stairs, this was pretty nigh nine o'clock, and when I came up, I saw the prisoner standing by the side of the bed, I said, you have got some of my property; I bade her undo her bundle, she said, she would not, I took her by the arm, and turned her round, and saw the tankard on the bed by her.

(The Tankard produced and deposed to.)

Court. How old was the girl, that was along with her? - Between 12 and 13, here is B. S. F. in a cypher, which stands for Barnard and Sarah Fountain , which were the people that kept the house before, and here are three letters of mine, and my wife's names.

JANE DICKSON sworn.

The prisoner came to our room, and asked Elizabeth Yelling to go with her, and I desired her not to go, and she said, she would; they went, and I fancy they were an hour gone, when they returned the prisoner said, she had got a prize, and it was all her own; I did not ask her what it was, she was a little in liquor, and I desired her to go home, and she would not; about an hour after the gentleman came, and the child came up stairs, and bade the prisoner give up what she had, for the gentleman was come, and I saw the gentleman pick up the tankard off the bed, in the child's mother's room.

Court. How came the prisoner in that room? - She had brought two or three things to wash there, it is a dwelling room, that we and the children live in.

ELIZABETH YELLING sworn.

How old are you? - Between twelve and thirteen.

You know you are to speak the truth? - Yes.

What do you know about the prisoners taking the tankard? - The prisoner was at our house when I came from school, and she asked me if I would go with her to get a gown out of pledge, and she went to the pawnbroker's to get a muslin apron and a gown out of pawn; and she went to the gentleman's house, and went right through the kitchen, and opened the closet door, and took something out, but what it was, I could not tell, and she afterwards shewed me the tankard, as we were going home; and I was afraid to go and tell the gentleman, for fear my mother should hurt me, and I set on my own stairs; and the gentleman came, and asked me where the woman lived that was with me, and I told him at the Bell in King-street, and I asked him to let me go for my bonnet, and I happened to see the prisoner by the fireplace, and I told her that the gentleman was come, and she must deliver up the hings.

PETER PLEASE sworn.

I went with the prosecutor.

Was you present when the tankard was found? - I did not see him take it off the the bed.

PRISONER's DEFENCE.

On Friday evening, this girl's mother sent for me to go of an errand, and she asked me to drink; she had an old gentleman a Scotchman with her, she said, this old man has got a watch, and she wished me to take it; on Saturday morning she sent for me again, and asked me to drink; and she told me I had better go and lay down on her bed, she thought I was a little in liquor; and in the afternoon I laid down, and about two I got up, and she was gone out, I asked where she was; I went to get me something to eat; and had two penny worth of pigs face, I went to a pawnbroker's, and took out a red cloak and apron; I came by Mr. Hall's door, and went in and had a pint of beer, the girl came home, and had something lapped up in her apron, she flung it into my lap, I was standing in the middle of the floor, when this gentleman came up stairs, and he found this tankard on the bed, I have nobody here, they were here last night.

Court. Then the next thing is, why do you keep company with a girl of that character.

Prisoner. I know no ill of her.

Jury. My Lord, cannot we bring it under forty shillings.

Court. You are to exercise your own judgment! The Court does not enquire into value, in order that Juries may exercise a degree of liberality; though to besure this is not like the case of grand and petty larceny, because there 12 d. was a rule that was established many, many hundred years ago, and there is a vast disproportion, between the value of 12 d. then, and 12 d. now: But this depends upon the value of money, since King William's time, in which there is not so great a difference: I do not know how many ounces this tankard weighs; the value is not found by evidence before you, to be above forty shillings, therefore upon that you must exercise your Judgment.

GUILTY . ( Death .)

Court to Jury. From the nature of the question you just now put to me, you have no objection, I take it for granted, to join your recommendation to mine, in behalf of the prisoner.

Jury. Certainly not my Lord.

The Prisoner was recommended to mercy.

Tried by the second Middlesex Jury before Mr. BARON EYRE .

Reference Number: t17830430-20

266. MARY BOWLER was indicted for feloniously stealing, on the 9th day of April last, a black silk cloak, value 16 s. the goods of John Barlow .

JAMES NORTON sworn.

I live with Mr. Barlow, a Mercer , on the 9th of April, some time in the morning; the prisoner came to look at some petticoats in our shop, I believe she bought some silk; then she went over to another shop, and a lady saw her take a cloak away.

Court. Is the lady here? - No, she is not; the prisoner went out the back way, I went after her, and detected her in the street, and found the cloak upon her; I told her Mr. Barlow wanted to speak to her, she said she had picked up a cloak in the shop, and she gave it me, she told me it lay behind the lady in the shop.

How long was it between the time she left your shop, and the time you was sent after her? - It might be the course of an hour; I cannot tell exactly.

The cloak deposed to.

PRISONER's DEFENCE.

I went to buy a cloak and a petticoat with a gentlewoman, and we could not agree, and coming out I met the master, he advised us to go back, and we bought a bit of mode; I said it was damaged, he shewed me another piece, and he asked three shillings and nine-pence, I said it was too dear, he directly cut me off four yards, and I paid him twelve shillings; I asked him to cut it out for me, which he did, and I picked up a cloak, I did not know whether it was this cloak or not; I was above an hour gone, and I came back again, and if I had had any thing of the gentleman's

under my arm, I would not have come back, and the gentleman said to me, says he, I want to speak to you, I understand you have picked up a cloak.

Court. But that cloak is ready made? - I did not know but it was the same.

Jury to Prosecutor. Were there any ready made cloaks on the compter, or any ways exposed in your shop, during the time the prisoner was there? - A great many.

The Prisoner called two witnesses who gave her a good character.

GUILTY .

She was humbly recommended to mercy by the Prosecutor.

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

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

Reference Number: t17830430-21

267. THOMAS FRYER was indicted for feloniously stealing, on the 24th day of April last, one iron currycomb, with a wooden handle, value 6 d. and one currycomb brush, value 6 d. the goods of James Fozard ; one pair of cotton stockings, value 3 s. one cotton handkerchief, value 12 d. one muslin neckcloth, value 6 d. and one bridle rein, value 12 d. the goods of Thomas Collins , and one bridle, value 12 d. the goods of certain persons unknown.

THOMAS COLLINS sworn.

I am a gentleman's coachman , on Thursday last I saw the prisoner in Mr. Fozard's stables, in Park-lane , about a quarter before four in the afternoon, and I had a pair of white cotton stockings in my frock pocket, which was hanging up behind my horses, and a clean neckcloth; I went into another stable and missed a rein; the prisoner lodged at a cook's shop, in Piccadilly, and I followed and took him with the bridle in his hand an hour after; he had been a gentleman's steward, and was out of place, and was backwards and forwards in the stable all day; I asked him who the bridle belonged to, he said, he did not know; I asked him where he was going with it, he said, he did not know, I asked him to go with me, he went to the public house, and there he pulled out the reins, and my neckcloth, and a new comb and brush; I asked him if he had my stockings and handkerchief, he said, if I would go into the other room, he would deliver them to me, I would not till the constable came; when the constable came, he took them out of the backside of his breeches.

The things deposed to.

PRISONER's DEFENCE.

These things were given me by a man that used to be backwards and forwards at the stables in Piccadilly, his name is John, I cannot tell where he is; my friends live in Gloucestershire, I have none in town.

GUILTY .

To be publickly whipped and imprisoned one month in Newgate .

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

Reference Number: t17830430-22

268. OWEN M'OWEN was indicted for feloniously stealing, on the 16th of April , one wooden butt, value 15 s. the goods and chattles of John Calvert , Esq ; and Co. and one other wooden butt, value 20 s. the goods of Samuel Whitbread , Esq.

JOHN FOSTER sworn.

I belong to Mr. Calvert's brewhouse in Whitecross-street, on the 16th of April, Mr. Fletcher, one of our coopers, was going up Holborn, and he saw a man cradleing a butt into a private house; I saw the butt afterwards, and it is Messrs. Calvert's; the other butt is Mr. Whitbread's by the mark; we took the prisoner on the 16th of April, and he confessed, that he took the butt from a house that we had served.

Court. What conversation passed that introduced that confession? - After I had seen the butt I returned home, and took a Mr. Vaughan, where we were told he

bought it; I got two of the men from Litchfield-street, and the man who bought the butt pitched upon the prisoner; Vaughan is not here, we went back to the office, when we came there, Vaughan was examined, and I believe would have been committed, had not Mr. Barnfathen gone away.

How was the confession introduced, was it before the Justice or in your compting house? - It was both, he confessed it immediately that he sold them there, as a perquisite to one of our coopers, which was an intire falsehood.

Was that as soon as he was taken? - Yes.

Then when he was taken, I take it for granted he was charged with this theft? Yes.

And he said, he sold it as a perquisite? - Yes.

Did the prisoner attend your brewery at all? - He has been off and on.

Court. But there is no such perquisite? Not as he reported, there is a perquisite which publicans have frequently, on application to the brewery for water butts.

There had been no such order in this? Never any such application, these were very good butts, they were fit for use in the brewery.

WILLIAM HALL sworn.

I happened to be at home the day the agreement was made for these butts, an agreement with the prisoner at the bar, and two others.

Who are these others? - I cannot say, but I believe the prisoner at the bar to be one; the agreement was, that the person in the top room should ask Mr. Vaughan, whether he could assist him to get a water butt, and Vaughan said, it did not belong to him, it belonged to the porter brewery; then the prisoner, or one of the others spoke, and said, you are in right time, for our cooper can assist you with one: Now Mr. Vaughan asked the price, and was answered five shillings, I am sure the prisoner was one of the persons, Mr. Vaughan said, give my compliments to Mr. Stockall the cooper, of Mr. Calvert's brewhouse, and desire him to send me two; Mr. Vaughan tuned to me, and said, if I am not in the way Mr. Hall, you be so kind to pay for them; and I made answer yes, that was all that passed.

HENRY READ sworn.

I was the person, that wanted a water butt, and I did not know who to apply to, and I spoke to Vaughan, and he said he could not, I should apply to the brewer, there was two or three brewers servants in the house, one of them answered you have spoke in right time master; I can help you to one.

Court. Who was it that said that? - I cannot certainly say it was the prisoner; I turned about and said, you help me to one, do you sell water butts? he said no master, I do not deal in them, but our cooper has got some old butts to sell, he mentioned the cooper's name, Stockall, I told him he was an utter stranger to me, nor would I buy a butt of him, I would have no concerns with him; Mr. Vaughan, immediately applies to him, did not you say, Mr. Stockall has got some by him to sell; he said, yes, at five shillings a piece, and Mr. Vaughan I desired him he would order him a couple, as he wanted one himself; about four days after this Mr. Hall informed me the two butts were come, I said, I would have one, and I saw Mr. Vaughan, and he said, you may pay Mr. Hall, for he paid for them, and I sent for a cooper to cradle it for me, and he did not: I paid five shillings, and had the butt delivered into my yard; about two o'clock Mr. Foster came and told me the butt was stolen, and I told him I bought it, and shewed him where the other was.

JOSEPH JACKSON sworn.

I live with Mr. Whitbread, on the 16th of February, I went by Foster's information to Vaughan's house, and saw the butts, it was Mr. Whitbread's, there was his mark on it; Stockall has been our cooper these twenty years, he knew nothing of the matter.

PRISONER's DEFENCE.

I never sold the butts, my Lord, this Mr. Vaughan's yard was a place where we

used to drive butts very often, he used to deal with us for sower boor.

Court. Then you never told Mr. Foster and Jackson, that you had sold them for Mr. Stockall? - I told Mr. Foster that I left them in the yard, it was Saturday night, and we could not take them home.

Court to Foster. Did you serve that person? - Yes, here is the person that paid me for the butts.

SARAH HALL sworn.

The prisoner came into my house, and demanded ten shillings of me for two butts he had left in Mr. Vaughan's yard; he said, he must have the money, for the cooper would be angry, with that I put the ten shillings down on the table, and he took it up.

Court to Prisoner. Have you any witnesses? - I can have characters plenty, I can apply to Mr. Foster for my character.

Mr. Foster. We never had any suspicion of him before.

GUILTY ,

Transported for seven years .

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

Reference Number: t17830430-23

260. JOSEPH DUNNAGE and THOMAS BROWN were indicted for feloniously stealing, on the 12th of March last, one chariot door glass window, value 22 s. the goods of John Smalley , privately in his coach house .

JOHN SMALLEY sworn.

I live servant with Mrs. Newdick in Milk-street, I was her coachman, but now she has laid down her carriage, I am her footman ; the chariot was mine, I let it out on a jobb, it stands in my coach house, in Finsbury-yard , I think it was the beginning of March when I lost the glass; on the 13th of March in the morning, I was told some body had been at my glasses again, I went to see between eight and nine in the morning, and I saw the frame which was carried into a compting house, and the broken glass; the glass was gone, and the strap cut; the glass.

Court. Did you make any observations on the coach house door? - Yes, the coach house doors are very tall ones; they open in one, and the fastening is in the middle of the door; we thought they had stretched one door so much, that the other could get in, but there was nothing appeared on the outside; the frame was in the coach house, by the chariot, on the ground.

JAMES FROST sworn.

On the 17th of March, between seven and eight, I was informed by a publican opposite, that two men were attempting to rob the coach house, and I went and saw the prisoner Dunnage standing two yards from the coach house door, accordingly I took hold of him; I was my while I looked in the coach house, I went to the coach house door, hearing a noise among he carriages I got a light, and Brown was behind a one horse chaise of mine, at the further part of the coach house; both the doors of this chaise of the prosecutor's were standing open, and the glass lay on the ground; I went into the back part of the coach house.

Court. I it all open withinside? - There is room for six carriages; the prosecutor has half of it, there is a post in the middle that is a guide, his part is not separated from mine; there are two doors; I suppose these people got in, by violently putting at the bottom of the door.

MARY WORRALL sworn.

On the 12th of March last, about half past seven I was looking out of my window, and I saw the prisoners in the yard; and one said to the other, let us go away; that was Dunnage; they went round, and came again, and I saw, by the help of one, the other got into the coach house by pulling the bottom of the door open.

Court. Did you know the two men? - Not then, I saw them afterwards, they are the same two men.

Did they both go in, or only one? -

Only one, that was Brown, Dunnage staid without side.

PRISONER DUNNAGE'S DEFENCE.

I live in Rope-maker's-alley; I stopt to make water, and they came and took hold of me; I had serjeant Newman here to speak for me, but he is gone on duty.

PRISONER BROWN's DEFENCE.

I know the coachman, and I went to see for him to help me to something, I was much disguised in liquor, and I fell fast a sleep.

Court. What way of life have you been in? - A post boy; Dunnage is a sailor.

Court to Jury. Gentlemen, you under stand that stealing privately these sort of articles, which are properly deposited in particular places, if above the value of 5 s. is offence. Now if any man removes from the place where it food, and where it ought to be, any sort of personal property belonging to another, with a design to steal it, he has then com pleated the felonious purpose, and whether he his the good fortune to take it of or no, makes no sort of difference. In the present case, as to whose coach house this was, for it seems to be held in common by two persons; and it is charged in the indictment, to be the coach house of Smalley the prosecutor; and it seems that though not actually divided, yet it was in point of enjoyment divided for occupation; it is a very nice point to be sure, where a man's life is at sta Another thing is, this is a charge of stealing privately, in this coach house; now privately stealing is as opposed to entering by force, burglary, or breaking a house; wheresoever there has been actual force used to get into a place, in which the charge is, that the party has stolen privately, the force used removes that part of the charge; now here, there are circumstances of force, and therefore what was stolen, could not be considered after that, to be stealing privately.

JOSEPH DUNNAGE , THOMAS BROWN ,

GUILTY

Of stealing, but not privately.

Transported for seven years .

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

Reference Number: t17830430-24

270. GEORGE BAGE and JANE BROWN were indicted for feloniously stealing, on the 15th of April last, one cotton counterpane, value 15 s. the goods of John Roper and William Roper .

THOMAS JACKSON sworn.

I am a porter to Mr. Roper, on the 15th of April, I was concealed under a bed, with a carpet before me; I had dreamed the night before, that I should be robbed.

Court. Whose house was it? - It was Mr. Vale's, a builder, in Rathbone-place; at the same time, that I lay under the bed, I observed the prisoner Bage come into the room, take this counterpane off the bed, fold it up, and lay it down again on the bed; he went up into the garret, and finding the doors locked, came down again, tryed the two pair of stairs door, that was locked, looks into the back room again, and walks down stairs into the dining room; the prisoner Brown came up, takes up her upper petticoat, takes this counterpane, folded up as it was off the bedstead, and bedding, and puts it under her petticoat in the stairs; it was upon a field bedstead in a different part of the room from where I was; it was on the other side, I had a view of her; she put down her petticoat, and brushed down her apron, she put her gown through her pocket holes, and walked down stairs.

You did not dream all these circumstances, I suppose the preceeding night? - No, I dreamed, I should be robbed; I found her as soon as I could get from under the bed, she was upon one landing place, and I was upon the other; I asked a footman to fetch a constable, he was so frightened he could not stir; I ran out for a constable, and I met the prisoner, I told her I wanted to see her a good while; the prisoner Bage was coming out, and I seized him also; and took them in the back parlour, Mr. Bage

threatened to strike me, I charged her with stealing the counterpane, when I had hold of her, she gave herself a shake, and the counterpane fell down on the floor, I said to Mrs. Brown you have stole a counterpane, she said, she knew nothing of it; I had them apprehended.

Prisoner's Council. What are you? - I am a porter.

You know very well you dreamed of this, had you any body to put you in mind of it; you know Mr. Barew? - No.

Why he was at the sale that day; was any body in the room? - Nobody but Brown and Bage.

Was any body in the parlour at the time they dropped from her? - Nobody that I know of.

Cannot you tell? - Nobody.

Bage attempted to run away? - No, the door was shut.

Had you never seen Mr. Barew there? I do not know him.

Do not you remember a gentleman saying, ah! I have done for you now? - Done for me, no.

No, done for the prisoner? - I cannot say I remember it, I cannot say I ever saw Mr. Barew, I really do not know him: There were people in the house; it was the day before the auction.

There was another man in the house? - Yes.

You did not call for any assistance? - I sent him for a constable.

Who was there besides? - A great many gentlemen's servants, I do not know their names.

Upon your oath? - I can say I know one particular gentleman's servant that was in the room, his name is Joseph.

How could you see if there was a carpet before you? - I had one of the base vallens pinned up on purpose, I had been robbed so often.

You did not know the people before at all? - I cannot say I knew them particularly.

Not particularly? - They were at Mr. Roper's sale once before.

Court. What sale is this? - It was a house hired for the sale of Mr. Vale, by Mr. John and William Roper , they are auctioneers and brokers; I was there to take care of the goods, that nobody should take any away.

Court. How long had you been under the bed, before these people came up stairs? - Altogether about three hours.

What time did you take your post there? - About eleven o'clock, when we opened the house for public view.

How many rooms were there open? - There were four.

What room was this you was in? - The two pair of stairs back room.

Where were the principal effects? - In all those rooms, divided in different rooms.

Were there beds in the other rooms? - No, there was never a counterpane in either of the rooms that were open.

Court. Now you are fencing, looking forwards to see what I mean I ask you if there were any beds, in the other rooms that were open? - There was a bedstead, a press bedstead shut up, there was besides my own, one in the dining room, and one in the parlour; the fourth room was left vacant by itself, and there was not so much property in that.

Where did you station the other two people? - The one was in the dining room at the china table, he was there to see that nobody took any thing away, the other was in the front parlour.

What time did you begin to open for view that day? - Eleven o'clock.

Prisoner's Council. How came you to make choice of the upper room to put yourself in, perhaps your dream pointed out that particular room? - No, it did not.

Was you to lose a counterpane in particular, did your dream point out a counterpane in particular.

No, I did not dream I should lose that counterpane; I did not dream I should lose any thing in particular; I dreamed I should be robbed; and that I must put a carpet under the bed, but how I could not tell.

Your dream was a little more particular than that, because you were to put yourself under the bed, as well as the carpet; what was the carpet to do? - I told my master, and he said depend upon it you will be robbed.

No doubt of it, to be sure if you had dreamed it; which of your masters? - My master John Roper , he advised me to take as much care as possibly I could.

I suppose you expected your dream would come true? - I had so often found that it came true.

Oh! your dreams have often came true? - No.

Court. You lost things before without dreaming, therefore this was a particular thing, did you see in your dream, the person that was to rob you? - No, my Lord.

Did you see no large woman? - No, I did not see any large woman.

Had you no guess who the thief would be? - No, I had no guess.

Prisoner's Council. You seem to have some acquaintance with these people I think? - I never had any acquaintance with them, any further than they put about twenty lots of goods into my master's sale, in Queen Ann's-street, which my master sold out of catalogue.

How long before? - I cannot say the particular time, I believe it might be in March.

What did they sell for? - I do not know.

What way had the people been in, do you know Mr. Bage? - When he was before the Justice, my Lord, he called himself a broker.

But perhaps you can tell? - I cannot say I ever saw him in that line of business, before they were brought to Mr. Williams's room, in White Lyon-yard, Oxford-street, for we removed them to Queen-Ann's-street; I do not know what they sold for.

Was the money paid? - I fancy it was, the clerk can tell that.

Was that the only time that you had seen these people? - I did not see them then, not to particularly know them.

Had there been any disputes arisen about these twenty lots? - Not to my knowledge.

Do not you know? - No.

No dispute or uneasiness? - There was uneasiness at that sale, I lost a counterpane there.

Did you say any thing to these people about this counterpane then? - No, my Lord, we had no suspicion.

Was there any other intercourse and business between these people, and you and the Roper's? - Not that I know of.

Was there any disputes subsisting between you and them? - No, my Lord, not that I know of.

Had you any information from any body, that inclined you to watch? - I had no further information but that there was a lusty man and a lusty woman going about thieving things from different sales.

That was the whole of it was it? - The whole that I know.

Had you that information from Barew? - No, my Lord, I had that information from several porters that work at sales.

Had you that information from Barew? - No, my Lord.

Was Barew there? - Not to my knowledge.

When had you seen him last? - I really cannot say that I know Barew, my Lord.

THOMAS ASLIN sworn.

I am a porter, and deal a little for myself, in counterpanes and blankets, and send them to sales, the counterpane I believe to be my property, before I delivered it into the care of Mr. Roper.

Is that the counterpane? - Yes.

Do you know it to be so? - Yes.

JOHN DEWDEY sworn.

This is the counterpane that was delivered into the care of Mr. Roper, to be sold by Mr. Aslin, here is an agreement at the corner.

Prisoner's Council. Was you at the house? - About five minutes before.

Did you see Jackson there? - I did not.

How many people were in the house at that time? - There might be a dozen, or not so many, in the rooms that was open; there was some people, I do not know how many.

PRISONER BAGE's DEFENCE.

I went into this house where Mr. Roper's sale was in, not with Mrs. Brown, but a little after her? - I live at No. 8, Union-street, the back of the Middlesex Hospital, she had a stove, but it did not fit the place, I went up one pair of stairs and stayed with the man, getting a catalogue while this dispute happened; and this man had dragged Mrs. Brown into the parlour, the counterpane was far from her at the time when we went in; Oh! says he, I have been put up to this; I laid hold of him, says I, you rascal what business have you with her, says he I shall charge you too; I said, then drive us to Bow-street; there Mr. Addington committed us both; I never was no higher than one pair of stairs; I have no witnesses, there was nobody there.

Have you any friends to speak for your character now? - Yes, my Lord.

The Prisoner called one witness who gave him a good character.

PRISONER BROWN's DEFENCE.

I am innocent of the thing that I am charged with, I think the spite is laid to me on account of Mr. Bage, through the Barews; I would be sorry to say an untrue thing, in the condition I am.

Court. What way of life are you in? - I am a mantua-maker, I suppose I work in the best families in London; I was cleared before Justice Buller two months ago, in two hundred pounds, through the Barews; Sir Sampson Wright took his oath that it was a false thing laid against me, and now they have brought this against me.

Court. As you work for so many families, undoubtedly you will establish a very good character? - Most of the ladies that I work for are at their country seats.

The Prisoner called three witnesses who gave her a good character.

GEORGE BAGE , GUILTY .

Transported for seven years .

JANE BROWN , GUILTY .

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

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

Reference Number: t17830430-25

271. GEORGE BAGE and JANE BROWN were again indicted for feloniously stealing, on the 11th of April last, one woollen blanket, value 5 s. the goods of Joseph Tompson .

JOSEPH TOMPSON sworn.

I keep little broker's-shop , No. 52. in Mary-le-bone-lane, I lost this blanket in Lower Grosvenor-street, Grosvenor-square , on the 11th of April, from out of a sale there; between eleven and twelve this blanket was gone out of the garret, it was found on the 15th of April, at Bage's apartments by John Shellard .

When did you see him in the garret; - Between eleven and twelve.

Did you see any thing of Brown at that sale? - No, only Bage.

JOHN SHELLARD sworn.

I belong to Sir Sampson Wright, I have a blanket, which I found in Bage's lodgings, on the 15th of April I searched his lodgings at No. 8. Union-street Middlesex hospital.

What apartments had he there? - Front parlour.

Any thing else? - No.

Who lived in the house? - I do not know.

How do you know they are his apartments? - Bage said so himself, I found this blanket upon the bed.

Court. Part of the bed furniture? - Yes.

Is there any body occupies the room with him? - Nobody at all.

Where did the woman live? - In the same apartments for what I know, but I do not know where, when Bage was taken into custody, he said in these apartments, accordingly we went to search his lodgings.

Court. All you know is, you found the blanket? - Yes.

(The Blanket deposed to.)

Was it lost on a shewing day or upon a sale day? - We had not begun the sale.

PRISONER BAGE's DEFENCE.

The apartments were not mine, Mrs. Brown kept the apartments; and the

goods were her's, and she bought that banket last October in Fleet-market.

Court. This has served to throw some light on the former case, which was the principal view I had, I wanted to see whether any light could be got respecting a case, in which an odd circumstance happened to occur.

GEORGE BAGE GUILTY .

Transported for seven years .

JANE BROWN NOT GUILTY .

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

Reference Number: t17830430-26

273. EDWARD PLANE was indicted for feloniously stealing on the 31st of March last, three deal boards, value 1 s. one piece of fir wood, called quartering, value 6 d. five iron streaks, and one iron shaft bolt, value 1 s. and one pair of iron cross garnet hinges, value 1 s. the goods of James Bush .

JAMES BUSH sworn.

I am a carpenter , I live at Kentish Town, I had a suspicion of the prisoner, and searched Mrs. Brown's premises, and I found several things of mine at the prisoner's, which I could not swear to; the property that I swear to, I found at Mrs. Shepherd's and Mrs. Brown's, he had the care of Mrs. Shepherd's house, while the family was in town the prisoner said, the streaks and shaft bolt belonged to Captain Croker ; I went over to Captain Croker , and he said he never had any such thing in his life: he was unfortunately killed the Monday as she was going home; he went to stop a cart at the bottom of Gray's Inn lane, and the cart ran over him.

How did you know he took them from your shop? - It could be nobody else.

Court. I do not know that, why not? - Because there is no other person about the shop that would take any thing away; the cross garnet hinges were found over a back office in a little cieling.

Court. How did you get in to search? - The place was open where the cieling was, the prisoner kept the house, and he gave us leave to go in.

Was it locked? - No, Sir, he had the key of the house.

Was the house locked? - No, Sir, I knocked at the door, and they opened the door, I believe it is his wife, he had the apartments there, but I suppose Mr. Shepherd gave him so much a week to look after the house.

His wife let you in? - Yes.

Had he any body else that lived in the house? - Yes.

Where was the board found? - Behind the street door.

Did some of your men lodge there? - No, Sir, they were some Bricklayers who were doing a job in the Grove.

As to these bolts and these garnet hinges, were they your property? - Yes, I marked the bolts and the hinges, I missed the bolt, and found it on Mr. Shepherd's premises, I missed a great many things.

Had you marked these bolts? - Yes, Sir, particularly, there was a notch cut in them, and a flaw in the egde; a particular sort of stuff; this iron was found in a field; the prisoner said they were Captain Croker 's property; I found the cart streaks, and the shaft bolt at the bottom of the field.

How came you to charge the prisoner with having any thing to do with them, what connection had he with them? -

He had a little bit of a garden in her field.

When Captain Croker came and denied that they were his, where was the prisoner? - He was in New Prison, he was never present when Captain Croker denied it, only my servant, Mrs. Croker, and my wife.

Prisoner's Council. This man has been a workman has not he? - Yes.

He might lately have set up business for himself? - Yes.

You did not like that I believe? - No, Sir.

Then you quarrelled; now it would have been just as well if you had told my Lord, that this house of Mr. Shepherd's you had been repairing, and your servants, and

while it was under repair, this man was in the house? - Yes.

Did you always go with your servants to Mr. Shepherd's, when they went with the stuff? - This stuff which I have sworn to has three cuts, my man knows it.

Court. Were the repairs finished at this time? - Oh! finished a long time.

How long? - I suppose it might he finished this five weeks.

Court. How long was it after you had finished the job that you found these boards? - In a little time.

Little jobs were doing there, was not there, upon your oath? - May be there might be an hour's work in a month; Mr. Shepherd has not come to his house yet.

What workmen are there about the house now? - None, that I know of.

And you will not be certain whether the whole repairs were done, before this man was taken up? - They were done long before.

No, that cannot be, part of the things were found three weeks ago.

Court. How do you know that thos iron bolts and streaks were your property? - Because I can match it, it was all old iron.

JOSEPH MERIDITH sworn.

I was labourer to Mrs. Brown, digging in her garden, I found this property hid in her garden in the earth, I chopped my spade on this, says I, whose property is that, says the prisoner, Captain Croker 's; I put it there, he took it way, I never touched it.

What property are you speaking of now? - The ir on.

MARY HARMOOD sworn.

I know Captain Croker said, he never had any such things as these streaks.

PRISONER's DEFENCE.

I know nothing about this affair, that my master charges me with, I am very clear that Captain Croker was a man that was out of his mind, it was a load of stuff shot on the dunghill, and a horse standing in the stable heeling out the dung had covered them over; Captain Croker had set me to take these things into my house, and I could not conceal it at my own house, and Mrs. Brown was a relation of Captain Croker 's, and I put them there: As for the boards, they were left by the prosecutor's men, I had two or three of his men lodged there.

Jury to Prosecutor. Is that the mark you talk of, in the wood! a knot in the side of a common piece of board.

MARTIN WINDSOR sworn.

I took a load of Captain Croker 's from his house to Mrs. Brown's, I was employed by the prisoner, and I shot it down by the side of the door; there was a door or two, and a piece of an old coach wheel or two.

The prisoner called another witness to his character.

NOT GUILTY .

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

Reference Number: t17830430-27

274. RICHARD PARTRIDGE was indicted for feloniously stealing, on the 19th of March last, one linen shift, value 3 s. one linen apron, value 3 s. one pair of cotton stockings, value 6 d. one pair of linen cover sluts, value 6 d. the goods of Ann Camp the younger.

ANN CAMP sworn.

I live with my mother in Whitechapel-road , I was ill of the fever about 7 weeks ago, my mother had washed me a few things, on the 19th of March, and left them out in the garden, till about five in the evening, she went out to get a bit of supper, and I heard our bitch making a terrible noise in the garden, and I knew she would not bellow at any body but strangers; I was in bed, and our bed lies right under the widow, and when I heard the noise, I crawled up as well as I could, and looked through the window, and saw the prisoner tear down the line, and take my things away with him.

Did you know him before? - No, Sir,

I saw him again that day three weeks, then I took him.

Court. I want to know whether you saw the things, or whether your mother told you that there were such things? - I am upon my oath, I saw him myself, there was an old cloth upon the line, he knocked that down, and I suppose did not think that worth taking; I was so weak, I could not get out to cry Stop thief! before he was gone; he broke three pales and got out.

Jury. How long time did you see him, at that time? - Not much above two minutes.

When did you see him again? - I was going out of my door that day three weeks, and saw this man at the very same pales, where he got over before, there is an alley close to the pales, I said nothing to him then, for there were a parcel of men playing at skittles; and he run away as fast as he could after he saw me.

Court. How came he to run from you, he had not seen you before when he took the things? - I cannot tell, Sir, but before I spoke to him, he ran away.

Were ever any of your things found? - No, the prisoner denied the fact, I asked him what he ran away for, he made me no answer.

PRISONER's DEFENCE.

This witness said before the Justice, she had been light headed for two or three days, she said, she could not be positive that I was the person, then afterwards she said, I can swear to him; then said the Justice, I must commit him; then says she, you must not commit him.

Court. How came you to run away, when you saw this young woman? - I did not run away from her; there is a common necessary down there, and I went down there: I have not a friend in the world.

GUILTY .

Transportation for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-28

275. LUCY WARD otherwise WOOD was indicted for feloniously stealing, on the 3d day of April last, four guineas, and one half guinea, the goods, chattles, and monies of John Lodge , privily from his person .

JOHN LODGE sworn.

As I was going home, on the 3d of April at night, the prisoner met me in East Smithfield, it was between ten and eleven; she asked me to go to her house, I went with her, and there was another woman in the room, and she went out directly; then the prisoner called her, and gave her some money to fetch some gin, while she was gone for gin, I felt the money in my right hand-breeches pocket; I had four guineas and an half, I am sure of that, and I had 4 s. 6 d. in my left hand pocket which was left.

Court. Were you quite sober? - As sober as I am this minute; then the woman came back with the gin, and we drank it between us three, after we had drank it, we went to bed together, she and I did; the other went out of the room directly, as soon as we had drank the gin; then we come down stairs together, I went to go out of the passage, and the door was locked, I was not half an hour with her in all, and she went away directly, says she, I will go and fetch the key, and I put my hand in my pocket, and missed my money, and immediately ran after her, but she went into some corner or another, I could not find her, then I returned to the house, and the other woman, that was in the room whose name is Elizabeth Bennet , desired to know what the prisoner had done to me, I told her, she had robbed me of four guineas and a half, then we went down to see for the prisoner, and I charged the watch with Elizabeth Bennet , and the next evening she told where the prisoner could be found.

Court. Was the other woman searched? Yes, Sir, we searched the bed where we was on, and nothing was found upon that woman, one of Mr. Green's runners was with me.

How long was that after? - Not five minutes.

Had you your cloaths on or off? - On.

Where had you sat in the room, while

you was drinking the gin? - In the room by the bed, the other woman stood up and emptied it out, and never was in the room while I came in only to bring the gin.

Did you search the bed thoroughly? - Yes.

Examine every thing? - Examined every thing all round the room.

The money could easily have dropped from your pocket in the situation you was? - If it had fell out, I should have found it on the bed.

That is another matter, but you was in such a situation, that it might easily have fallen out? - I do not think it could have fallen out of my pocket.

Do not you? - No, I think it could not.

What did you search the bed for then? To be at a certainty.

Why certainly might not it very easily have fallen out of your pocket? - My pocket is very deep, I do not think it could very easily have fallen out.

Was not your breeches unbuttoned, Sir? Yes.

When did you find the prisoner? - On the Friday night, and she had some silver in her pocket, but she had new things on; she gave the man half-a-crown to speak to the Justice for her, she had new shoes on; she said, she was in the room with me, but she never had any of the money.

PRISONER's DEFENCE.

I met the man, and he had like to have stumbled up against me; says I, master, do not stumble over me; he said, where are you going, can I go with you, he went with me, and I went into the young woman's room, that was on the same floor with me, and he gave her sixpence to get a quartern of gin, I said, I am a misfortunate woman, what are you going to do says he, I do not want to do any thing; he stretched himself out backwards upon the bed; says he, I want to sleep with you all night, says I, I have let my bed out all night; says he, I will go with you, and pay for a bed; we came down stairs, there was some music, some organ, and a parcel of young girls, he went into the room among them, several of them come, and twisted their hands round him: Indeed, Sir, I have nobody in the world in London; my father and mother live in Tunbridge in Kent; so please God Almighty, that created me in the Kingdom of Heaven to bless you.

Court. Is this true of this dancing? - I heard music, but it was not in the same house.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-29

276. JOHN HANCOCK and JAMES GREENWOOD were indicted for feloniously stealing, on the 2d of April last, one looking glass in a walnut-tree frame, value 8 s. one linen sheet, value 8 s. one pair of pillow biers, value 2 s. one counterpane, value 3 s. and one tea kettle, value 2 s. the goods of John Wale , which were in a certain room, let by him to the said John Hancock as a lodging room, against the statute .

JOHN WALE sworn.

I live in Clement's-lane , the prisoner John Hancock , took the lodgings of my wife with my consent; on the 29th of March, we began to be suspicious of him, my wife came in and told me, on the 2d of April, that she thought the young one was not honest.

Why what had the young one to do in your house? - On the 29th of March, they came to lodge with me.

I thought you said only Hancock? - Hancock took the lodgings, and when he came to go to bed, my wife gave him the candle, he said, James go up stairs with me a little bit, he said he should want a fire, and my wife carried up a tub of coals, and he asked her to let the young one lay with him, my wife said, she did not care for one night, he lay there all the next day, and Hancock lay in bed all the next day as we was told; the next day it was repeated in the same manner, on the 1st of April, the young one came down and told my wife; mistress, your sacking of your bed is broke,

I want to mend it, says he, I am a handy little fellow at these jobs, and will do it myself, I went up stairs to work in the garret, being a shoe-maker, on the 2d of April I was in the lower apartment winding some flax, which is a wheel that makes a noise, and my wife was gone out to Butcher-row, for some cheese for our supper, she returned in about five minutes, says she, has the young men been in for a light? - says she, I saw them a talking together, and presently upon hearing a bustle, I went up one pair of stairs, and saw nobody, a thought struck in my head, I went up higher, and saw Hancock unlocking the door of his own room.

What time in the evening was this? - about eight o'clock.

Did you go with a light? - Yes, as soon as Hancock had unlocked the door, he slipped in his candle and asked me for a light, I lighted his candle, and being taller than him, I looked over his head, and missed my looking glass which stood directly opposite the door, I said to him, what have you took the looking glass down, no, says he, says I, I insist upon seeing what else is down, and I rushed in upon him, and took the key out of the outside of the door, and locked it withinside, says I, I will keep you for my property; when I got in, I missed my sheets, pillow cases, kettle, counterpane, and looking glass, and they were all in the room that I left him; he walked about the room, he said it is very high says he, you must ask the other, I know nothing about them, I was not at home all night; says I, where is the other? says he, I have not seen him; I unlocked the door, and called my wife to fetch a constable; the constable began to ask him about the things, he knew nothing at all about them he said, you must ask the other; he believed I had lost them he said, and he was willing to pay for them.

Prisoner's question to Hancock. Did not I call to you for a light before I went into my room? - No.

Mrs. WALE sworn.

ent for some cheese in the evening on the 2d of April, about eight, and a few doors from my own, I saw the prisoners whispering together as I passed them, the one that took the room of me, said to the other, now let us go; with that I had some suspicion, and I looked to see if they went into my passage or not, and I saw them both go in to my house, my husband was at work, I asked him if the young men had been in for a light, and I had not been in many minutes, before Hancock came in, he said, so mistress, here is a stranger; I stared at him, stranger said I; yes, says he, you know I did not lay at home last night; yes, says I, so the boy told me, so I made a kind of a smile, and he coloured like any thing; says I, Sir, when would you chuse I should make your bed; says he, the boy told me he made it in the morning; a good evening to you madam, says he, I shall be in, in half an hour, then there was a bustle, and my husband did not get up from work, until I spoke quite sharp twice, and a few minutes after I heard another bustle; my husband went up and caught the prisoner as he told you: I saw the little one and another man on the stairs, I called to the man who lives in the one pair of stairs, he came down and collared him, and brought him down in the passage, the other man that he had brought I suppose wanted to take the bed away, I asked him what he had done with the things.

Prisoner. Whether the whole furniture was not there when I left the lodgings? - I cannot tell, he never would let me have the key.

Whether I did not call for a light, when I entered the room the second time? - No, my Lord, he did not seem to want to know any body.

Did he ask for a light? - He did not let any body see him.

Did he ask for a light? - No, no.

PRISONER HANCOCK's DEFENCE.

When they came up stairs, I called to this man for a light, I found my door unlocked, my windows open, and my curtains drawn, here is a man that has known me this dozen years, I have been in his Majesty's

service five years: he will give a character of me, Mr. Burn; I came up from Portsmouth on Saturday, and arrived in town, and took this lodging about four in the evening: I know nothing of the things.

PRISONER GREENWOOD's DEFENCE.

I was coming up stairs to bed, I thought this man was in bed, and the woman turned the key: The inhabitants of London make a property of seafaring people now, my Lord.

The Prisoner Hancock called one witness, and the Prisoner Greenwood called three witnesses, who gave them a good character.

JOHN HANCOCK , JAMES GREENWOOD ,

GUILTY .

Sentence respited till next Sessions .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-30

277. ROBERT EDWARDS , ANN WITNEY and SARAH TAYLOR , were indicted for feloniously stealing, on the 28th of February last, one wainscot box, value 1 s. one deal box, value 6 d. one stuff petticoat, value 3 s. one cotton gown, value 10 s. 6 d. one linen apron, value 6 d. one cap, value 2 d. one pair of stays, value 5 s. one linen handkerchief, value 6 d. the goods and chattles of Mary Lever .

MARY LEVER sworn.

I slept with the two young women prisoners one night, and I left my boxes with one Mrs. Lisbe, who lodged up stairs in Thomas Peachey 's house, a little better than two months ago.

Court. What did the boxes contain? - They were full of cloaths, I cannot say every article; I could not sleep at that woman's house, and I came to the prisoner, Ann Witney 's room, and asked her for a lodging, and I desired her to let me set up all night, and I would pay her; I had seen her before; the prisoner Taylor lodged with her; she told me when night came, I might sleep with her, I slept there three nights; one day I went to my brother at Hammersmith, and locked the boxes and put the keys in my pocket; I had removed my boxes into the prisoner Witney's room; when I returned from my brother, the prisoner Witney told me that a person at Westminster had sent for me about a place, and I went there, and when I returned the prisoners Witney and Taylor were gone from their room.

Court. What direction did she give you? - She described the person.

What part of Westminster did she send you to? - In Peter-street, but they were not at home, they did not send for me.

You found the person she mentioned? - I saw them afterwards, and they did not send for me.

When you came back, the room was locked? - Yes.

What did you do then? - I sent to another person's house and sat up; I waited till night for these women coming home, I went several times the next day, and the landlady of the house said, she was gone away she believed; the door was still locked, but I heard that they had carried my boxes away, I went to the constable, and he took the prisoner Edwards, who was the solder that carried the boxes away, and he told me where he carried the boxes.

And what did he say concerning them? - First he said, he did not know where he had carried them to, but he found out the house, and the boxes were moved to another house.

Did he say who desired him to take them? - I believe he said, Ann Witney desired him to take them.

Where were the boxes found? - At a public house in Westminster.

That was not the house that Edward's carried them to? - No.

Were the things in the boxes, when you found them? - Nothing but empty boxes; we found the women, at the prisoner Witney's sister's house at Westminster, she said, I should have all my clothes again.

What did you charge them with, and what answer did they make? - Witney did

not say much, she said, I should have all my clothes again, the constable went up before me, the prisoner Witney had my petticoat on, she had pulled it off before I had got into the room; the constable saw it on her; the other had an apron and cap on, I saw them.

Did you find any other of your things? I asked Witney where such and such things were, and she said, I should have them all again.

What did Taylor say? - She did not say any thing.

What reason did she give for having your apron and cap on.

She said, you shall have your apron and cap again, and she pulled it off directly.

Did you find any of the other things? I got a few, they laid in the house of Ann Witney 's sister; the handkerchief is here, that was in her room.

Did Sarah Taylor know that the boxes were yours? - Yes.

Did you know any thing of Edwards before? - No.

Prisoner's Question. Whether she did not lend me the petticoat? - No, I lent her a neck white handkerchief.

Court. Was that the one you found? - Yes, and a pair of robbins, the rest of my things were locked up in my boxes; the boxes were broke open.

SARAH BURNE sworn.

I lived opposite to them in New Bedford-court, I was at my window, and I saw the prisoner Edwards carry two boxes, and Sarah Taylor with a bonnet box under her arm.

Was Witney with him? - No, she was not.

Did you know whose boxes they were? - I did not, but the lodgers in the two pair of stairs came down to me, and said, they were removing, and I said, I was very glad of it, for they had made a great disturbance in the neighbourhood; next morning this young woman was walking about, and she came to me and said, Oh! dear me madam, I am robbed of all my cloaths, I said, it is impossible, for I saw a young man belonging to the barracks, between three and four o'clock, move away two boxes, and the little girl I saw carry away a bonnet box.

THOMAS SHIRLEY sworn.

I am the constable, I went first to Edwards, and took him out of the barracks, I told him he must come along with me, and go to Bow-street; I did not tell him the particulars then, he was taxed very much by the people in the office, where he carried the boxes to; at last he said he carried them to Peter-street, Westminster, he was employed as a porter, I found the two women coming out of the door with bundles in their hands; this petticoat was upon Whitney; I saw it upon her; I told her she had been robbing the girl.

What did she say? - I cannot recollect, she very readily pulled it off.

What did she say about it? - I cannot tell.

Court. Recollect? - I cannot tell.

As an officer of Justice, when you take up peop le, you ought to take notice of what they say? - I think she said, she meant to return it again.

Did she say any thing about borrowing of it, or any thing of that? - No, I did not hear any thing of that.

Did you see any thing else upon either of them, that belonged to the young woman? - This apron and this cap; Witney owned where the empty boxes were, and that they had left them at the Crown, in Tufton-street, Westminster; I found them in the tap room; the prisoners were both together.

(The things deposed to.)

THOMAS CROSS sworn.

Witney came to ask for a glass of gin, and desired to let the boxes stand at my house; I never saw them before.

SAMUEL READSHAW sworn.

I live at Mr. Purzea, pawnbroker, opposite Somerset house, I had a gown pledged with me on the 28th of February, by the prisoner Sarah Taylor .

(The gown deposed to by the Prosecutor.)

SARAH HUMBY sworn.

The prisoners came to my room, and brought a pair of stays with them, and asked me to take them to pledge, which I did at Mr. Wright's, and I got four shillings and six-pence upon them, I gave it them, and a duplicate.

Who asked you to pledge the stays? - Sarah Taylor .

When was that? - It was the 8th of February, I have seen the prisoner once since in prison.

FRANCIS FLEMING sworn.

I am servant to Mr. Wright; these stays were pledged by the last witness, on the 28th of February.

PRISONER WITNEY's DEFENCE.

The prosecutor came to me one evening and asked me for a lodging, or to let her sit up, I said, I had a young woman who lodged with me, but I would let her; I gave her some supper, she had no money, and she said, I must pledge my things to get some money to maintain me, and she owed some money; she gave Sarah Taylor the things, and asked her to go and pawn them; Taylor asked her whether it should be in her own name, and she said it did not signify, only bring a duplicate; the very day that the things were pawned, my landlady came in and told me I must move, I had got a room just before at the publican's house, where I left the boxes, and they had let the room, and I asked my sister to let me leave the things there till I had got a room, and the next morning as we was going out, we met the constable and the prosecutor, and they stopped us.

SARAH TAYLOR 's DEFENCE.

The prosecutor asked me to go and pawn these things for her, I said, yes, she said, let me have a duplicate, she said, it did not signify what name, she gave me a shilling, but in the morning she set out, and took a bundle with her, she was present when the landlady ordered me to go, we were all at breakfast, all the boxes were cumbersome for me to carry, and I met the man and asked him to carry them for me, and I gave him six-pence for carrying them.

Court. I do not think there is any evidence, that makes it necessary, to put Edwards on his defence.

ROBERT EDWARDS , NOT GUILTY .

ANN WITNEY , SARAH TAYLOR ,

GUILTY .

To be each 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: t17830430-31

272. JOHN RYAN was indicted for feloniously stealing, on the 10th of April last, two pair of leather shoes, value 5 s. the goods of Joseph Watkins .

JOSEPH WATKINS sworn.

I am a shoe-maker , I keep a penny-post office in Theobald's-row , on the 10th of April, I went to breakfast at Half past eight and all was safe then, I was called down and informed my shop was robbed, and a person pointed out the prisoner, I called Stop thief! I over took him, and pulled two pair of shoes out of his apron.

JOHN ARNOLD sworn.

I was a going to my customers for orders, and saw two men at Watkins's door, I stood a little way off and watched them; one with his hand upon the door, the other man took the two pair shoes, and gave them to the prisoner, and he put them in his apron.

PRISONER's DEFENCE.

I was just come from tea, I saw a mob in the street, and I picked up two pair of shoes, they took me, and the shoes from me; the prosecutor sent to the prison to offer to drop the prosecution if I would give a guinea.

GUILTY .

To be whipped and discharged.

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

Reference Number: t17830430-32

278. WILLIAM HALL was indicted for feloniously assaulting James Lander , in a certain field and open place near the King's highway, on the 18th of March last, and putting him in fear and danger of his life, and taking from his person, and against his will, one silver watch, value 5 l. one steel chain, value 4 s. two stone seals set in base metal, value 4 s. one base metal key, value 1 d. and 8 s. 6 d. in monies numbered, the goods, chattels and monies of the said James .

(The Witnesses examined apart at the request of the prisoner.)

JAMES LANDER sworn.

On the 18th of March, between eight and nine in the evening, I was robbed in Sadler's Wells fields close by Sadler's Wells, I was alone, and two men came up to me, the first expression was, damn it, it is a barber; they catched hold of my collar, that was one that is not taken, I asked him what he meant by that, and was going to give him a push from me, with that he drew a cutlass from under his coat, and swore if I made any resistance he would cut me down, after that the prisoner came along side of me, and put his hand to my breeches pocket and said, damn you, have you got any chink, he put his hand in my pocket, and took out eight shillings and six-pence, then he felt for my watch, and took that out likewise, then he felt in my fob again, and there was nothing else; they told me to go on, and if I offered to stop they would use me ill.

They did not strike you? - No, my Lord, then I went off, and they stood still, when I got about twenty yards, I turned round and saw them standing in the same place, and I ran as fast as I could, but I saw nobody till I got over the field.

Court. When was this man taken? - last Wednesday se'nnight.

Where did you first see him? - At a public house in Clerkenwell, the constable that took him, came to me at a shop were I worked, and told me he was in custody.

How long was the prisoner with you? - About four minutes.

Was it moonlight? - Yes, it was full-moon.

Had the prisoner any disguise over his face? - Nothing.

Had you an opportunity of observing him thoroughly? - I looked at them both.

Did you know him when you saw him again? - I knew him directly.

You were carried to Clerkenwell to see him, was not you? - They came to shop to tell me they believed they had taken the person.

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

Reference Number: t17830430-32

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.

Reference Number: t17830430-32

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 30th of APRIL, 1783, and the following Days;

Being the FOURTH 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 IV. 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

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of William Hall.

They came to stop to tell me, they believed they had taken the person.

Who shewed him to you? - I saw him at a public room with several more.

But he was in custody with the officer? - Yes, but they brought several more with him.

All in custody? - Yes.

Was not this man shewn to you by some of the officers? - I did not take notice of him till I came into the room; when I came in I looked round, and saw him directly, I said, that was the man.

Did none of the officers shew him to you? - No, my Lord.

Nor as you was going along? - No, my Lord.

Was your watch ever found? - No.

Prisoner's Council. There was one of Mr. Blackborough's men that came to your shop to inform you that they had took a suspicious person? - Yes.

He is one of the runners at Mr. Blackborough's? - I believe he is.

Was he at the public house when you went? - No.

Did you see him at Clerkenwell? - Yes.

How often did you see the prisoner before he was committed by Mr. Blackborough? - I saw him twice, but not to be near him.

How often did you see him with the Justices? - I saw him once at the office.

No more than once, recollect yourself? - I do not recollect that I saw him any more.

How often did you go to see him at Clerkenwell? - I never went to see him but that once.

Were was it that he was charged with the fact he now is, did you go after you had seen him at Mr. Blackborough's? - Yes.

Upon your oath, was there any commitment sent to detain him at your prosecution at that time? - I swore to him at that time.

When you was at Clerkenwell, did not you say that you did not know him? - No, Sir.

Recollect yourself? - I recollect no such thing.

Was not he brought several times to Mr. Blackborough's, and did not you hesitate till by seeing him often, his face grew familiar to you? - No.

Who was at that time with you? - I believe this man that took him and another.

Yes, I fancy so? - They are the only

people who attend here, not the man that took him? - I believe he did.

Prisoner's Council. He told you he was going to fetch a man that he suspected had robbed you? - The Justice ordered him and several more to be brought together.

Had you told the runner that came for him how he was drest? - No.

Nor of his height? - No.

If you had never given any sort of description either of his dress or height, how came he to suspect that he was the man that robbed you? - I never knew the man before, he had the information from somebody else I suppose, I had described it to Sir Sampson Wright.

There was nobody by at this time but the runner was there? - Nobody else.

Did you publickly Sir, charge this man with having robbed you at Clerkenwell? - Yes.

Was any body by that heard you beside the runner, that is to have the reward? - Nobody else.

Have you nobody here to prove that you singled him out directly beside the runner? - No.

You never saw him before that night you was robbed? - No.

Did you never see him but once at the Justices? - No.

Court. Did you ever express any doubt of this being the man, at any of the times that you saw him? - No, my Lord.

You are sure you never did? - No, my Lord, I looked very hard at them in the face the night they robbed me.

You said it was after eight? - Yes, between eight and nine.

Was there any thing remarkable that night? - Yes.

Was not that at the time of the eclipse? - Yes.

Can you tell how near it was to eight, or how near it was to nine? - It was nearer nine than eight.

Court. Then the eclipse was fuller? - I remember myself particularly it was very dark by half past eight.

When the question was asked you, whether it was moonlight, how came you to tell me it was, without mentioning the circumstance of the eclipse? - The moon was not covered at that time.

What are you? - A hair-dresser.

A master or journeyman? - Journeyman.

You know there is a reward on the conviction of highway robbers? - Yes, but I do not know that I shall recover any thing.

Did not the runners tell you so? - They did not tell me that I should recover any thing.

No, but they told you that there was a reward? - Yes.

JONATHAN REDGRAVE sworn.

Was it you that took up this man? - It was.

Where and when did you take him? - I was employed at Sadler's Wells to prevent people of suspicious characters from going into the gallery and pit, I found nothing upon him.

How came you to go to this young man Lander? - Very soon after the robbery was committed, I received information that the prisoner was one that was concerned in it.

Who did you receive information from that Lander that was robbed? - I received information from the papers, and it was publickly known by several officers of our parish, that the prisoner was one that was suspected of the robbery.

Was Lander's name in the papers? - I cannot say he was.

How did you know who it was? - The only account was, it was a hair-dresser or a barber; that lived in Gray's-Inn-lane, and from that I traced him out.

You told him you had taken up a suspicious person? - Yes.

Where was the prisoner when he first saw him? - In Clerkenwell-close.

Who was with the prisoner? - Ten or twelve people.

What sort of people? - Neighbours I believe that we desired to come in.

Then the prisoner was the only man that

was in custody, when the prosecutor came to see him? - Yes, my Lord.

Were his hands handcuffed? - No.

How often had Lander seen him before, he said, he knew him? - He saw him twice in all; the first time he saw him, he knew him immediately.

What before he went into the house? - I believe he did, my Lord.

Was you with the prisoner, or with Lander? - I took the prisoner to a public house myself.

Who was with Lander? - I do not recollect any body being with Lander.

Did Lander come up to you, and the prisoner before he went into the house, and said, that he knew him? - Before he came into the house, my Lord.

Yes? - No, I believe he did not say, that he knew him before he went into the house.

What other officers were with the prisoner? - If there was any body it was Dinmore.

He was entrusted to your care to bring him out of goal? - Yes.

Then it was your business to take care of him? - It was.

Of course you did not let him go from you? - No.

Which of your people was with Lander at that time? - It must be Dinmore.

And you with the prisoner? - I was so, my Lord.

Had you seen Lander the night before to tell him of the affair? - The day before I and Dinmore went together.

You was one? - Yes, there is one thing I must beg leave to remark, when I saw the prosecutor in his master's shop, and asked him if he was the person that was robbed, says I, can you remember what was said to you when you was robbed; says he the expression which was made use of was, we have got the barber; says I, then this is the person.

Was it you or Dinmore that told Lander of the reward, if this man was convicted? - Upon my oath, I never told him of the reward.

Then it must be Dinmore? - I do not believe he did.

Prosecutor. One of the men said there was a reward, I believe it was this man, not that I should recover any thing; I would not tell him that he should recover a farthing.

Did you find any thing upon the prisoner when you searched him? - No, nothing at all.

PRISONER's DEFENCE.

I have nothing to say, I suppose my friends are gone home, I had people to my character all day, I did not think my trial would come on.

Court. Had you any other evidence but to character? - No.

Prosecutor. My Lord the Justice himself ordered seven or eight more to be brought out with this man.

Court. The officer has sworn that there was no more.

Prosecutor. There certainly was, when he brought him along the Close there was no more, but in the room there were seven or eight more brought in, in custody.

Court. Which of you are to be believed if you contradict each other upon oath? -

Court to Jury. Of all evidence the most liable to mistake, is the evidence of identity of person, especially that which depends upon the recollection of a single witness, seeing a person by a confused light, and in the hurry of a transaction necessarily attended with some degree of fear and confusion; so that the observations of a person are likely to be less accurate at that time, than at a time when they are more composed; however it is direct and possitive evidence, and that evidence is more or less strong in proportion, as it depends on more or less witnesses; in proportion to the degree of light, the opportunities they have of observing them, and the length or shortness of time that elapsed before they saw them again: In this case the light the prosecutor had to observe the person who robbed him by, was a very bad one; probably the recollection of many of you, many furnished you with that which I perfectly recollect, that at the time the prosecutor has fixed for this robbery, it was then as dark, or very

near so, as if there had been no moon at all: I perfectly remember the coming out of the eclipse, and that by half after eight it was quite dark, so as to have the appearance of a very dark night; the person who robbed him was an utter stranger; the transaction was short; five weeks elapsed before he saw any thing of the person; and when he saw him, it was visibly under an impression of mind that he was likely to see the person who had robbed him; therefore supposing him to mean perfectly fair, he certainly went with an impression on his mind, that impression has certainly a very great effect, and under that impression, any degree of similitude or resemblance, will operate very strongly on the mind; Redgrave was the person that went to tell him, they had apprehended the prisoner; Redgrave was with the prisoner when Lander first saw him, and therefore he must necessarily see him immediately with the person, who informed him, he had taken him up; therefore seeing him with Redgrave, would intirely fix him in his belief, that the man he so saw, was the man who robbed him; however the man positively swears to the prisoner, and it is not necessary that you should disbelieve the man's veracity, but you are the proper Judges whether you are sufficiently satisfied with his certainty; if you are clearly satisfied, you are bound to find him guilty, but if you think from the circumstances of the case, and the general fallibility of that kind of evidence, when it is not confirmed by any other circumstances, that there is any doubt, in that case you as clearly ought to acquit him.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-33

279. SARAH JONES was indicted for feloniously stealing on the 28th of March last, twenty one brushes, value 4 s. the goods of John Leader .

JOHN LEADER sworn.

I keep a saleshop , I was in the compting house, writing, on the 28th of March, I heard some voices, then I saw the prisoner and the witness Jordan, and one of my servants together, it was about five or six in the afternoon.

URIAH JORDAN sworn.

As I was going into the shop, the prisoner was behind the counter, and I asked her what she wanted, and she said, she wanted a halfpenny worth of packthread; I told her I did not believe they sold packthread there; I called out halloo, at last the maid came out, says I, do you sell packthread here, and I said, I believe the prisoner had something about her that was not her own, I will take her backwards and see what she has got, as I was taking her, she undid her apron and threw the brushes down upon the floor; I cannot tell the name of the brushes, there is some of all sorts.

Leader. I picked the brushes off the floor immediately after.

Court to Jordan. Were they picked up from the same place where you saw her drop them? - Yes.

(The brushes deposed to.)

PRISONER's DEFENCE.

On Friday in the afternoon about five, I went into the shop for a halfpenny worth of packthread, I knew they sold it, I sell fruit and things in Covent-garden; the door was shut, I pushed the door, and it went back with force; I heard a noise, then I turned my head round, and I saw it was a whole heap of brushes, I was as far off them as I am to one of them candles, I should not have known what to have done with them if I had them; five weeks I have been in gaol. I have no witnesses.

Court to Leader. Where were the brushes laying? - They laid on a shelf behind the counter, I had just had a counter made the whole length of the shop, and in the middle of the counter a flap made to turn up with hinges, and a little door to shut and bolt, she opened the counter, unbolted the door, and took the brushes off the shelf and shot them down by the yard door.

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: t17830430-34

280. GEORGE WOOD was indicted for feloniously stealing on the 1st of one brown gelding, price 20 l. of John Small .

SMALL sworn.

in Kent , I am a on the 29th of March , I lost my out of my marsh, I saw him there; I missed him the morning following, about eight; I found him again in Drury-lane, on the 2d of April, I received a letter from Mr. Bond of Bow-street, having sent a man to town on the Sunday, to make all the enquiry he could, and get hand-bills printed in town; I came to town, and went to the office in Bow-street, then I went to see the horse, which was at an Inn just by; one Thomas Savage went with me to see him; it was my horse, I bred him, he was about seven years old; he had had both his knees broke when very young; he had no other particular mark than a star in his forehead, he is a brown horse, about fifteen hands high.

Court. Have you a certain knowledge of the horse? - I knew the horse again when I saw him.

Have you that certain knowledge of him, to swear positively it was the same horse? - Yes.

What sort of mane and tail had he? - A shortish mane, and a short cut tail, I have no doubt but it is the same horse? - What reason have you to charge the prisoner? - What was told me.

THOMAS SAVAGE sworn.

I have been a servant, but am out of place now, the prisoner knew me; I saw the prisoner the first of April, in Drury-lane, I had not seen him this two years, but he came out of our country; he was standing in Drury-lane in the morning between six and seven, he asked me to drink, we had a pint of purl, he asked me to take a walk with him to Dean-street, Soho; he said, he had a very good horse there to sell, a hack; he said he had two, and he must sell one of them; I went with him, and asked him where the saddle was, he said it was a large saddle, I could not ride his saddle; and he would borrow a saddle of the landlord of the yard, so he got a saddle, and I rode him up Oxford-street and down Park-lane; and then he asked me if I would go with him to Hounslow, he knew a person that would buy him, provided I said, I had brought him out of the country.

Where did he say he had brought him from? - He said, he had been down in Kent a smuggling, and he brought him from there; then we went to Hammersmith, I said, I would return, I could sell him better in town; so I told him to meet me the next morning at the Craven's head, in Drury-lane, and I would settle with him for the horse; I did not set any particular time, I told him to meet me there; so I rode the horse back to Mr. Tattersal's, and I asked the hostler if there was any bills, of any horses that was stolen, he said, there were bills come out.

Court. How came you to ask if there was any bills out? - I had a suspicion that the horse was stole.

How came you to suspect that? - From what the man said to me.

What did he say to you, to give you that suspicion? - Because he would not get upon him himself, and by his wanting me to sell him for him; the book-keeper came and found the bill, and we found it was the same horse, then I rode the horse, and put him in a stable in Craven-street, and then I went to Bow-street, and told the officers to be ready against he came.

How was the man taken? - When the man came into the house, I called him on one side, and I said, what a silly man you are to offer this horse to me, he is a stolen horse; I shewed him the bill; he lifted up

his hands and said, what a damn'd fool I am; then the man came in directly and took him.

What did the man say when he was taken? - He did not say any thing, we took him to Bow-street.

Court. Where is the officer that took the man? - I do not know.

Where is the hostler of the Inn? - I did not know that he was wanted.

Court. At present you are the person that produce this horse that was stolen, and the whole rests upon your single evidence; why did not you bring the officer to prove that you had made a discovery; the officer ought to have attended.

PRISONER's DEFENCE.

I had been to see my friends in Kent, and I lay at Gravesend all night, coming next morning over Blackheath, opposite Greenwich park, a man overtook me with two horses, riding one and walking another; I asked him to let me ride, he said he had got to go down to Greenwich or Deptford, and he advised me to take this horse up to London, and he would give me a shilling to bring him up, so I did; he desired me to bring him to the Bull's head, in Dean-street, Soho, and put him up there; and the next day I went up to see if the man was come, and nobody was come; upon that on the Tuesday morning I called up there again, I was going to Oxford-road; I thought I should be brought into trouble about this horse, and I thought of finding out the man that owned the horse, and that man went along with me, and the man rode him as far as Hammersmith; he asked me to let him ride; I never saw the horse again until I was taken into custody; I am a poor man, I could not get any money to subpoena witnesses; I must leave myself to the mercy of the Judge and Jury.

Court to Savage. The horse you took the owner to see, was the same horse you received of the prisoner? - Yes, my Lord.

You are sure of that? - Yes.

Court to Jury. If the prisoner had laid before you any case in opposition to this evidence which has been given against him, I should have thought the evidence on the part of the prosecution admitted of a considerable degree of doubt; for this reason it depends on Savage, who by his own account was the man, in whom the possession of the stolen horse was found; that being the case he was called upon to give some account, otherwise it would have been evidence against himself; therefore it seems to me, that Savage ought to have brought to support his testimony, those persons who could support it, by proving from his conduct, that though the horse was found on him, that circumstance had not excited any suspicion in them against himself, for when a person whom stolen property is found on, does not give a satisfactory account of it, but lays a charge against another, on whom the property is not found; the evidence of such a person, should be received with a great deal of caution; this evidence might have been supplied, either by the attendance of the officer at Bow-street, or else the hostler at the Inn; but neither of these are produced; but if the prisoner had set up any defence which deserved attention, I should have thought the charge against him, but slightly supported; but the prisoner's defence removes all doubt and difficulty, because it is admitted by him, that Savage really did get the horse from him; now that is the only fact, on which you might suspect Savage's testimony; and if that is once established that the prisoner had in possession the horse before it came into the possession of Savage; that removes all suspicion from Savage, and leaves his testimony as much unimpeached, as any other creditable witness speaking on his oath; now the prisoner says, a man coming up on the road gave him two horses, and told him where he should take them to, and gave him one shilling, and he brought the horses to the place; that is a very extraordinary circumstance, but passing over that, another part of his case is capable of proof, and he has brought no witnesses to prove it, for he might have proved that he brought two horses to Dean-street, instead of one, and the circumstances under which he brought them to Dean-street; but no

account appears of any other horses; you are therefore first to consider, what degree of belief you will give to Savage, confirmed in part by the admission of the prisoner; and next whether you think the admission of the prisoner unconfirmed by oath is entitled to credit.

GUILTY . ( Death .)

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-35

281. JOHN HAZLEWORTH was indicted for feloniously assaulting John Fitzpatrick in the King's highway, on the 2d of March last, and putting him in fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 40 s. one steel chain, value 6 d. one base metal seal, value 1 d. one base metal key, value 1 d. one steel hook, value 1 d. one stone seal set in silver, value 12 d. and two half-crowns, value 5 s. the goods and monies of the said John Fitzpatrick .

JOHN FITZPATRICK Sworn.

On the 2d of March last, I was going to Fulham about half past eight, and I met the prisoner.

Was it dark? - It was.

Was there a moon? - None that I could see, the prisoner and another man met me on the road, the prisoner collared me with one hand, and with an opened knife held the other to my throat, and desired me to deliver; I told them not to use me ill, with that the other man began to rifle my pockets, he let the hand which was on my collar go, and took my watch out of my inside coat pocket, which I had put there when he first stopped me, and I suppose he saw me, he asked me which way I was going, says I this way towards Fulham; he clapped his hand on my shoulder, and desired me to go along and not say a word, he towards London and run, and I turned and run after him, and I halloo'd a robbery! And he was afraid I suppose the send way, and he jumped over a thorn hedge into a field; I got over the hedge after him directly; he struck at me, I was afraid he had a knife in his hand, and might have ruined me, and I halloo'd out, murder! and after a few strokes I caught him by the breast, and got him down two or three times, and no one came up yet, but the watchmen hearing me halloo murder! and robbery! came to my assistance, and I had him in my custody, and keeping.

Jury. Whereabout was it? - Between the Admiral Keppel's head , and the Bull and Horn, on the Fulham road ; I desired the watchman to examine him if he had any watch, he examined him, and found he had not; I desired him to look to see whether he had dropped it, and upon looking with a lanthorn, we found the watch under the hedge, and the prisoner was the first man that said, there is the watch under the hedge.

Court. What else did you lose? - Nothing else, one of the watchmen took the watch and is present to produce it.

THOMAS BOWMAN Sworn .

I am a watchman at Brompton-row.

Did you hear any outcry of robbery, and murder? - I heard a great outcry of murder, I had my lanthorn and my stick, and I run as fast as I could, when I jumped over the hedge, this man and that gentleman there, the prisoner, were over the hedge, and he had hold of him by the collar, the prisoner said, there is the watch, watchman, it dropped out of my pocket, I turned round, and saw the watch hanging in the hedge.

Court. Had you searched for the watch before he said there it is? - Yes, I searched his pockets, and he said, there is the watch in the hedge, and I turned, and saw the watch hanging in the hedge.

(The watch deposed to.)

Jury. Is there any particular mark on the outside? - No.

What do you know it by? - I know it by the chain and seals.

What is the name of the watch? -

Richard Trapp , No. 7262; two other watchmen came up at the same time.

PRISONER.

I have nothing to say for myself; I have not a friend in the world to speak for me; I plead for mercy of the court.

GUILTY . ( Death .)

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

Reference Number: t17830430-36

282. BENJAMIN GROVES was indicted for feloniously stealing on the 16th day of March last, eighteen yards of jannet, value 40 s. eight yards of dimity, value 13 s. nine pair of cotton stockings, value 42 s. eleven pair of womens gloves, value 16 s. five pair of mens gloves, value 7 s. and one linen handkerchief, value 5 s. the goods and chattles of Luke Hogard ; one pair of silk breeches, value 20 s. and one stone shirt pin, value 5 s. the goods and chattles of John Watman , in the dwelling house of the said Luke .

JOHN HOGARD Sworn.

I live in Long-acre, I am a haberdasher , I lost the things mentioned in the indictment, the prisoner at the bar had been my servant six weeks as a porter and footman; on the 17th of April, John Watman told me he had discovered the thief, who had stolen some part of his property, and, that in searching for that, he had found a part which belonged to me, and which I did not know I had lost; I enquired what the things were, and he produced them; he said, he had sent him out upon some little business, and that he would be in he supposed in a few minutes; it displeased me, fearing he was gone, but he soon returned again, and upon his return, John Watman and William Harvey told me, that they had taken these things out of his box; I questioned him concerning these things, and he admitted the fact.

Court. In what manner did you question him, tell us all the conversation? - I enquired where they found the things, I was told in the prisoner's box, the prisoner was by, and he admitted that they were there, and that they were mine, he hoped I would shew him mercy; I spoke thus, how could you have the infamy to treat me so, who knew the size of my family, and know how hard I work; he hoped I would shew him mercy, says I, you may depend upon it, I will make an example of you in future for others; I shall take the necessary course of the law.

(The Things deposed to.)

Court. Was the box locked or open? - The box was locked and the key was lost, it was broke open.

Prosecutor. In order to support this with all the evidence I could, I enquired after some of his acquaintance; this pair of gloves and handkerchief, I found in the possession of a young woman, servant to a gentlewoman at Islington, but I believe her to be a good young woman.

Court. Is she here? - No, my Lord.

Court. Very well, then say nothing about her. - He admitted that he had given them to her; some part of the gloves are in the possession of the constable, which he took from his person, out of his pocket, and the pin which we now mention, was found in his pocket.

Court. What is the value of all these things? - I had stated them under the prime cost, in the indictment; I beg leave to mention to your Lordship, that I wished not to lay them so as to affect his life, but I could not get information on the subject.

Court. Were they taken out of your house? - They were not removed out of my house.

Court. If they were removed from the place where they were left by you, and where you thought proper to keep them, without your order or consent, it is as much a taking away, as if they were carried to York.

Prosecutor. Have I now an opportunity my Lord of altering the amount of the sum, I have not a wish to hurt his life: I will value them at thirty-nine shillings and eleven-pence if you will give me leave.

Court. You must take care you

have sworn before to real value, and I do not know how upon oath you can go back, having once fixed a price of that sort.

Mr. Baron Eyre . It is not for prosecutors to take upon themselves to take liberties with the description of offences, they are to describe the offences truly, when the case comes before the Jury, the court do not enquire into the value, and the Jury may use a latitude; but it is not for prosecutors to say that things are not worth forty shillings which are worth five pounds.

Prosecutor. I do not wish it my Lord, I only wish to speak truth.

Mr. Baron Eyre . You have nothing to do with the event; do your duty and leave the event to the Court.

Prosecutor. I leave it in the hands of the Court most certainly, my Lord.

PRISONER's DEFENCE.

I am quite innocent of the affair; I have no witnesses.

Court to Jury. You have heard gentlemen what is sworn at present with respect to the value, and therefore as he upon his oath cannot lessen it, you will give that sort of verdict, that you in point of conscience think you ought.

GUILTY Of stealing to the value of thirty nine shillings .

Transported for seven years .

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

Reference Number: t17830430-37

283. THOMAS DAVIS was indicted for feloniously stealing, on the 25th of December last, two pieces of Irish linen cloth, containing twenty yards, 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 .

I live in Bishopsgate-street Without ; on Christmas-day last I was robbed; I left my house between twelve and one, to the care of my servant boy about sixteen, about a quarter before ten I returned, and near my own house I was informed something was amiss, I got a neighbour to go in and ask what was the matter, he said two men had been there, I desired the neighbour to go up stairs with me, and I found my room door was broken open by a ripping chissel, and a chest of drawers broke open, one of the drawers were locked, and that contained the principal part of the articles I lost; I lost the things mentioned in the indictment; I never found any of the things again.

WILLIAM BAILEY Sworn.

I am an apprentice to Mr. Ward, he is a hair-dresser, I was left at home on Christmas-day last, alone, I was standing at the door between five and six at night, and two men came up to me, the prisoner at the bar was one, and the other is now under sentence of death.

Court. Are you sure the prisoner was one? - Yes, Sir, I am quite sure; they came up to the door and asked me if Molly Homewood was at home, they said, they had a bundle for her that came from Portsmouth, from her brother, they said, they must undo the bundle, for they must have the handkerchief again; I was going to undo it, says they, we will come in with you, and wait while you undo it, and when we came in the prisoner laid hold of me by the collar, while the other that is under sentence of death, went up stairs for about five minutes.

Court. Was there a light in the house? - Yes, the man that is under sentence of death, Edward Muslin said, damn her eyes, she went away with a Jew fellow, and she has got a handkerchief of mine, I will go up and search for it; about five minutes after he was gone up, the prisoner put me in the coal hole, and buttoned the door, and fastened it with a gimblet; when Muslin came down stairs the prisoner said, have

you got the handkerchief, and he said, yes, and when I thought they were both gone, I got out of the coal hole, by means of shoving out a drawer.

Court. Then I suppose you went and told of it. - Yes, I went and told one of the neighbours.

Are you sure that is the man? - I am quite sure of it.

Prisoner's Council. I believe upon the trial at the last sessions you did not say that this man laid hold of you by the collar? - Yes, I did, I meant this, the least of the men.

You did not say any body had hold of your collar at that time? - Yes, Sir, I did.

Did you give a description of this man to any body at that time? - Yes.

What was the description? - I always said he was a little man.

That was all you said? - Yes.

No other description? - No.

You never saw the prisoner before the night the robbery was committed? - No, Sir.

You gave no account of his dress I believe at all? - I only said, he was a little man, I always said he had a snuff coloured coat on, I saw him about a month ago.

That was about four months after the robbery? - Yes.

It was before Justice Wilmot you saw him I believe? - I saw him on Sunday afternoon coming across the road along with two women, and while I went to let my master know, I lost sight of him.

When you was before the Justice, was not you asked what cloaths the prisoner had on, at the time the robbery was committed? - I said, I could not rightly tell, I believed it was a snuff coloured coat.

And you will venture to swear this is the man? - Yes.

EDWARD ALDRIDGE Sworn.

I know nothing respecting the robbery, no more than the boy's information that he gave of the descriptions of the two prisoners; I am a neighbour of Mr. Ward's, and to assist Mr. Ward, I went out to several houses where those kind of people used, I suppose we saw near an hundred, and the boy went with us, he never fixed, nor attempted to fix on any person, till he fixed on this person; on the 1st of April, the boy came in and said, that the man that robbed him was then gone across the street, and he had watched him near to Long-alley, Moorfields, where he had left him tossing up; I went with Mr. Ward to the sign of the White Hart, which is a very bad house, that none but such people use, and a house that nobody dare to venture into almost, we went into the room and the boy with us, there were two others sitting with him, and two or three girls in the same box, the boy immediately said, pointing to the prisoner, that is the man that robbed you, Sir, and his master seized him immediately, and he was committed.

Court. Is that bad house a publick house? - The sign of the White Hart, in Long-alley, Moorfields.

Court. In the year 1575, there was a message sent from the Star Chamber to the Lord Mayor of London, to know what was the meaning there was so many criminals in Newgate, what answer was sent we do not hear, it is not reported; and they put down two hundred ale houses in London, and an hundred ale houses in Westminster; which in 1575 was a very little place, and the fact was, there was not one criminal in Newgate the next sessions; that you will see in Stowe's account of London.

PRISONER's DEFENCE.

I have nothing to declare, any further than my innocence, which I hope will be proved.

FRANCES DAVIS Sworn .

I am the prisoner's mother.

Where was your son on Christmas-day, in the afternoon? - He was at home with me, he came home on Christmas Eve, between nine and ten, he did not get up till about eleven, we dined about three, and he smoaked his pipe, and he had tea between five and six, and he never was out of

my house till eleven o'clock the next morning; he went to the necessary after dinner, but never was out else; I never took an oath before, and I would scorn to tell a lie, though he is my own child.

JOSEPH DAVIS sworn.

How old are you? - Fourteen the 24th of last March, I am the prisoner's brother, he was at home all day on Christmas-day last, and in the evening I saw him, and all day.

Court. What was not you out all day then? - I stepped out of one errand to the chandler's shop; and then for a pot of beer, that was all that I was out, all the whole day.

Prisoner's Council. My Lord, in addition to this evidence, though it is not evidence, we have the declarations of the man that is under sentence of death.

Court. That is no evidence.

Council. I can shew that the man that Muslin says was with him at the commission of this burglary, was in his company the same evening, his name was Cammel.

Court. That is no evidence.

FRANCIS ROBINSON sworn.

I am a stocking weaver, but I work at gold and silver refining lately, I have known the prisoner two years.

Court. What is his business? - A printer by trade.

What is his general character? - I never heard any harm of him, he lodged at my house between three and four months, and always kept good hours.

ELIZABETH CHAMBERS sworn.

I have known him three or four months; I never heard any thing to his character, but a very sober and civil young man.

ANN PARKER sworn.

I saw Edward Muslin on Christmas-day last, at night, and he came to Mr. Clarke's house, and William Cammel was with him.

ANN CLARKE sworn.

The prisoner is not the man that was with Mr. Muslin when he came to our house, for Mr. Cammel was the man.

GUILTY . ( Death .)

Tried by the London Jury before Mr. Justice NARES.

Reference Number: t17830430-38

284. JOHN LEWIS was indicted for burglariously and feloniously breaking, and entering, the dwelling house of John Delaforce , at the hour of three in the night, on the 6th of April last, and feloniously stealing therein one pair of silver candlesticks, value 3 l. 15 s. two silver punch ladles, value 20 s. one silver half pint pot, value 20 s. one set of silver suger-castors, value 16 s. seven silver table-spoons, value 40 s. seven silver pap-spoons, value 20 s. seven pair of silver tea-tongs, value 40 s. thirty one silver teaspoons, value 40 s. one pair of silver salt-holders, value 15 s. one silver punch strainer, value 9 s. one silver sauce-boat, value 6 s. forty-nine pair of silver shoe-buckles, value 13 l. twelve pair of silver knee-buckles, value 30 s. twelve pair of other silver shoe-buckles set with stone, value 20 s. five silver stock-buckles, value 20 s. seven other silver stock-buckles set with stone, value 20 s. twenty breast-buckles, value 20 s. sixteen other breast-buckles set with stone, value 16 s. four gold breast-buckles, value 9 s. thirty-nine silver waistcoat-buttons, value 5 l. fifty pair of gold ear-wires, value 3 l. six pair of gold ear-bobs, value 30 s. two silver bottle-chains, value 5 s. five pair of silver studs, value 5 s. forty pair of silver sleeve-buttons, value 40 s. one pair of gold sleeve-buttons, value 4 s. fifty-two pair of other silver sleeve-buttons, value 4 l. sixty-three gold rings, value 9 l. thirty-nine other gold rings, value 5 l. one silver apple-scoop, value 2 s. one silver nutmeg-grater, value 2 s. one silver handled knife, value 1 s. one silver tobacco-stopper, value 2 s. three glass crewets with silver tops, value 9 s. three silver bodkins, value 4 s. four pair of stone ear-rings, value 8 s. fifteen rows of coral-beads, value 30 s. four gold lockets, value 8 s. sixteen silver lockets, value 16 s. seven other lockets set with stone, value 7 s.

nine silver shoe-clasps, value 14 s. fourteen silver thimbles, value 7 s. two silver corals, value 2 s. five rows of gold beads, value 30 s. three gold lockets, value 12 s. twelve silver watches, value 12 l. eighteen copper halfpence and 4 l. in monies numbered , the goods of the said John Delaforce .

JOHN DELAFORCE sworn.

I am a live in Norton Falgate ; on day of April last, I went to bed at ten at night, my doors were all safe, my was late, and every thing about the house; the morning when I came down about six, I saw my back door open, and several bored in one pannel, and a piece had been cut out of the of the door; as I was going across say there was a shew glass white metal in it that had been turned heavy; but nothing taken out of it.

Court. Was that in the place you left it the over night? - I went backwards in the yard, twelve holes bored with a spike in the pannel of the kitchen door; the back door that goes into the yard; and underneath that door was a hole cut, and four holes of each side, to break the piece out, and from the top of the place where the bolt was, is 2 feet 8 inches high; and from the bottom of the hole to the fill of the door, is eight inches.

Court. Was the hole large enough to admit a person to get in? - It was but four inches one way and five in the height.

How was the door got open? - That I cannot tell, it was unbolted.

Could hand be introduced through that hole, and force the bolt? - Yes, from thence I went backwards into the shop; going into my shop I found my till burst open.

Court. Tell me the situation of your shop? - It is towards the street.

And what room does it communicate with backwards? - The kitchen.

Is there a door from the kitchen to the shop? - Yes.

What state did you find that door in? - That door was not locked or shut; I did not shut it, as we leave it open that we may hear readily; the key of my till was taken out of my glass-case, there was five pound in silver in it; and twenty-four or twenty-five shillings worth of halfpence, it was all gone every halfpenny? the next thing he saw, was the glass-case in the window had been pushed backwards, and there I found dark with the grease all round it.

(The Lanthorn produced.)

So I went to my next door neighbour and told him I was ruined.

Court. Did you miss any thing besides your money? - Oh Yes! all the plate almost out of the shew glass; out of the window a quantity; I have the inventory of them all.

You know nothing of your own knowledge how the fact was committed? - No.

This is all therefore, that you know respecting it? - Yes.

Prisoner's Council. There was a hole made in your door? - Yes.

For the purpose as you suppose of drawing back the bolt? - Yes.

Was not the hole at a very great distance from the ground? - Eight inches.

You had the misfortune of being robbed some time before Mr. Delaforce? - Yes, two or three times.

Do you recollect saying, before the magistrate or at any other time, that it must have been a person perfectly acquainted with your shop to have committed this robbery? - No, I never said any such thing, some of the other people may have said it.

I believe it is a person nearly connected with yourself that robbed you before? - That is neither here nor there.

Court to Mr. Delaforce. What does your consist of? - My wife and three children.

Any servant? - No.

Who was up first that morning; - I was.

Who was up last the night before? - I went to bed last.

ROBERT WATSON sworn.

I am the watchman in Bishopsgate-street, and a shoe-maker by trade; about three

quarters after three on the 7th of April, on Monday morning this prisoner came by my beat, he passed me the corner of Artillery-lane, my Partner went up to him, to examine what he had in his handkerchief, which he had in his hand; with that he ran up Artillery-lane.

Court. Do you mean a bundle or simply a handkerchief? - A handkerchief tied up, it was thrown away in Artillery-lane, he ran away, he also dropped an iron crow that is here.

How far had he ran before he dropped the handkerchief and the iron crow? - About twenty-four yards, I picked up the handkerchief, and gave it to the constable of the night, I also picked up the crow? - Did you deliver the handkerchief immediately to the constable of the night? - Yes.

Without opening it? - Yes.

Was the man taken, or did he get away? - My partner took him.

How soon after you first saw him, was it that he was taken? - I believe it might be about five or six minutes.

Can you tell of your own knowledge whether this man was the same man, that you first saw run? - To the best of my knowledge it was, but my partner was before me, and I could not see.

This was the man, that was brought in by your partner? - Yes.

Prisoner's Council. What distance was he from you when you saw him? - About two or three yards.

You did not see him pick up that bundle? - No.

What time of the morning was this? - Within a quarter of four.

The street was extremely clear, I suppose he might have avoided you if he chose it? - I cannot say, whether he might or might not, he ran away directly when he was challenged.

JOHN GREEN sworn.

I am one of the watchmen belonging to Bishopsgate parish, I was standing at the corner of Artillery-lane, and the prisoner happened to come by me on Monday morning about half before four, as near as I can guess; and he had a handkerchief with things in it, he was carrying it rather under his arm under his coat; I stepped up to him, Sir, says I, what have you got there? He muttered something, but I could not tell what he said; says I, I insist on knowing what you have got there, and will know; will you says he; yes says I, I will; I went to catch him, and he drew from me, and took to his heels, and ran up Artillery-lane; and I cried out Stop thief! and he directly threw the handkerchief away with the things in it; and an iron spike at the time he threw away, I desired the other watchman to pick up the things while I pursued the man; I pursued him, and never lost sight of him till he was taken; which was in Petticoat-lane near Widegate alley, there was two men more came to my assistance, and they laid hold of him before I got up; but I never lost sight of him.

Are you sure he is the same man that you saw firs t? - I am sure he is the same man, for my eyes were never off him, we took him to the watch-house; there is somethings that I took out of his great coat pocket, a loaded pistol, a picklock key in his waistcoat pocket, and a knife; that pistol and that great gimblet was in his great coat pocket; this small one was picked up in the street where he threw the parcel; one of the watchmen picked up the small gimblet; I took seven watches out of his body coat pocket, and many buckles and buttons, and many things, I do not know what they were, out of every pocket belonging to him; we saw him pull out whole strings of gold rings, out of his breeches pockets, and fling them in the ashes or any where.

Prisoner's Council. What kind of light had you when you pursued him? - It was not moonlight, it was a brightish sort of a morning, but I was so nigh him that my eyes was never off him.

You was extremely flurried? - Yes.

Was the bundle you picked up the same bundle you saw under his coat? - I am sure of it.

How are you sure? - Because I saw him throw it away.

You saw him throw away a bundle, but how do you know it was that bundle? - I saw it afterwards.

Did you take notice of it after it was picked up? - No.

Then how can you positively venture to say it was the bundle that you saw with that man before, was there any other man in the street at the time he was taken? - I do not think there was any but watchmen.

Court. What did you do with the things that you found in his pockets? - I delivered them all to the constable of the night.

JOSEPH BATEMAN sworn.

I am a watchman, I assisted in the taking the prisoner, I saw him first about half before four; hearing the alarm of Stop thief! I observed the prisoner come running towards me, I crossed over, and catched hold of him till assistance came; then Charles Smith came up, I afterwards saw him searched, I was busy observing him by the fire-place, throwing several rings and small spoons into the ashes; they were taken up afterwards and put in the bundle, along with the rest of the plate.

ANTHONY VAREY Sworn.

I am a watchman in Widegate-alley, about four I heard the cry of Stop thief! I ran, and Bateman said, I have got him, three men had hold of him, his coat was on the ground, I took it and threw it over my shoulder; the watches were taken out of the coat that I had; and a pistol loaded, a large gimblet, and several watches, and other property taken out of his pockets that I saw.

Was it the great coat, or the under coat that you threw on your shoulder? - I had them both over my shoulder.

Had he no coat on? - No, he was in his waistcoat.

Prisoner's Council. Which coat do you say the watches were found in? - I do not recollect, John Green took them out.

CHARLES SMITH sworn.

I am a watchman, I helped to take this man, I came out of Bishopsgate-street; I saw him stopped by Joseph Bateman, and I came to assist.

You know no more of it I suppose? - Yes, I staid with him in the watch-house; and I saw him put his hand into his pocket, and pull out a handful of silver buckles and spoons, and a second time a bunch of gold rings, and some loose ones, and a third time some more, and another bunch, and threw them down upon the cinders; and I picked some of them up, and threw them into the bundle along with the rest: They were all put into the bundle.

- MUNDAY sworn.

I have not the bundle; by order of the Lord Mayor, the things were delivered to Mr. Delaforce; they were first delivered to me in the watch-house.

You received all the goods at the watch-house? - I carried them to my Lord Mayor.

And there you delivered them to Mr. Delaforce, and an inventory was taken? - He insisted on his money; he said it was his property, he turned out into my hand four pounds ten shillings in silver, I observed he had three rings on his fingers, I insisted on having them, at last he pulled them off.

Have you brought any of the rings? - Yes.

(Produces them.)

This was the handkerchief they were tied up in; I delivered four pounds ten shillings to Mr. Delaforce by order of my Lord Mayor.

Repeat to me what things you have? - Here are three bunches of gold rings, two punch ladles, and three rings that were on his fingers, one set with stone, and two plain.

Court. Do you know these three articles came out of that bundle? - Yes.

Court to Delaforce. Can you swear to any one of these articles? - I swear to them all, there is a poesy on each of the single rings, that I can swear to them by.

How do you know the bunches? - I can

swear to them by putting them off and on some times.

Court. Can you swear to plain gold rings by putting on and off? - By the maker's name in them, the maker that I employed.

Court. Are they all of your own make? - No. Sir.

Is there any of the rings of the bunch that you can swear to? - This stone ring, this morning ring set with stones, that is in the bunch.

Court. As to the punch ladles? - I can swear to them, by a sixpence and a shilling of Queen Anne, and King George, that is in them.

Court. Is not that a common thing for punch ladles? - I had them made myself.

Is it a part of your business to sell new plate? - New, as well as old.

Was there any other part of the bundle of goods that were delivered to you, that you knew to be your property? - Yes, there are the watches, because I had all the maker's names put down in a book.

What else could you swear to, take the inventory in your hand and look over it? - I should not do any injustice, to swear to the whole, but I would be very careful what I did in such a thing as this, the goods have been in my possession so long that I could swear to them all.

Court. Tell me of the articles that you are sure of? - The watches, the rings, the punch ladles, and the candlesticks.

Can you swear that you lost out of your shop, as many articles as correspond with those that you found afterwards in the bundle? - Yes, my Lord, and more, I lost seven table spoons and many other things.

Prisoner's Council. Were all the articles that you have enumerateed in your possession the preceeding day? - They were at night when I went to bed.

Were they all contained in the bundle that was found? - They were all in the bundle that was found by the watchman, except two plain rings, and one stone one that were on his fingers, all that was in the indictment.

Court to Prisoner's Council. Ask the man who can tell you, I do not want to stop the question.

Prisoner's Council. My Lord, here is evidence to prove that this man was seen to pick the bundle up, which amounts to nothing, if any of the things that were in the bundle were found on his person.

Prisoner's Council. While you was at the watch-house, was the things that you found on that person, any of them put in the bundle? - The rings in particular, were kept separate in the bundle.

Yes, but some things that Mr. Delaforce has sworn to? - Yes.

PRISONER's DEFENCE.

I was at Kingsland-road to see a gentleman, a master taylor; I was at dinner with him, we had something to drink, which got into my head, I slept at his house, as I had some money about me; I desired him to call me at three in the morning, which he did, and in coming along in my way home, I picked up a bag with a handkerchief tied to it, and I carried it in my hand; for the distance of twelve or fourteen yards; upon which, finding it too heavy to carry in my hand, I took and swung it over my shoulder; then the handkerchief being undone, the things came out, and I laid down the bag, and put what came out of the handkerchief into my pockets; and so tied the handkerchief up; one of the watchmen came up to me, and asked what I had, I told him I had found something, but did not know what it contained, he run after me again, I was very willing to shun him, for fear he should strike me, and so I dropped the bag; I have seen the gentleman that saw me pick up the bag, he heard that I was in the Poultry Compter, so he came and asked me my name, and how I came by the bag; I asked him his name, and I gave it to my friends: If the laws of England will find a man guilty for picking up a thing in the street, I am guilty, otherwise I am as innocent as the child that is unborn.

TIMOTHY KELLY sworn.

Court. What are you? - A victualler.

Where do you live? - In Kingsland-road.

Where was you on the 6th of April last? - Down at my own house.

What is the sign? - There is no sign to it, only the meat in the window.

Whereabout is it? - The middle of the right hand.

Near any sign? - The Black Lyon is the next sign to it.

Court. Who lives at the next door? - I am not acquainted with my neighbours, I am but lately come there.

Do you not know who lives at the next door? - I do not.

How many doors off the Black Lyon? - Four or five.

Do you know who keeps the Black Lyon? - No, upon my word I cannot tell his name.

Who was in your house on the 6th of April? - An old acquaintance of mine.

Was the prisoner at the bar at your house on the 6th of April? - Yes, he dined with me on that day, he got in liquor, he was to have come home that night, but he staid till three o'clock, and left me on Monday morning past three.

Court. Have you a clock in your house? - Yes.

You have been at this place six weeks, where did you come from last? - From the water-side, Shadwell.

Whereabout? - Spring-street.

How long had you lived there? - Ten or eleven years.

What business did you carry on there? - The same as I do now.

You call yourself a victualler? - Yes.

Do you sell meat only or beer? - Small beer, meat, and bread.

How long have you been acquainted with the prisoner? - A great many years.

The Prisoner called two other witnesses who gave him a good character.

Court to Watson. What way was this man coming? - He was coming up Bishopsgate-street, towards Shoreditch.

Which way does Norton Falgate lay? - Towards Shoreditch.

Prisoner. My Lord, there is a person that saw me pick the bundle up, who has not been called.

Prisoner's Council to Prisoner. You may call him if you please, I shall not, and I would advise you not to call him.

Court. Do you desire to have that person called? - Yes, my Lord, his name is Levi Moses .

LEVI MOSES sworn.

Court. Where do you live? - I live in Houndsditch, I know the prisoner no further only when I saw him pick up the bundle, and when I saw him in the Compter.

When did you see him pick up the bundle? - On the 7th of April, on Monday morning.

Where? - It was just close towards the turning down Cock-lane; I was going to turn down Cock-lane.

From where? - From Hounsditch.

What time of the day? - To the best of my knowledge half after three in the morning, I saw a bundle before me, and I thought to go to it, and before I could get to it, the prisoner got it, I saw it first, about ten or twelve yards from me, almost close to the curb stone; and before I could get it, the prisoner at the bar had the advantage of me.

What do you mean by that? - He was coming to meet me, and he laid hold of the bundle; says I to him my friend you have got the start of me, he said, I suppose somebody or other will own this bundle, and if they do not says he, I shall advertise it: I said, to him where do live, says he, I can tell you, my name is Lewis, I lodge at one Mrs. Sheen's in Shakespear's-walk, Shadwell; and if you should hear any body enquire after it, I should be glad; I went about my business towards Cock-lane to call my men up to work; I parted with him, he went towards Bishopsgate-street as far as I could observe, and I went down Cock-lane to call the people, I had several men to call up to do my business.

What business? - In our Passover cakes.

Do they work for you? - Yes, I employ many men at that time, eight or ten to

make biscuits for my own people, we are obliged to make them early and late, I was telling some of my work folks, says I, if I had been a little sooner I should have found a bundle in the street, but what it was I could not tell, the next day I heard there was a man committed to the Compter; I went there to enquire after him, I told him if I can be of any service I will, for I am the man that saw you pick up the bundle, he sent his friends to me to be so good as to serve a man in his situation, which I would be glad to do, be he Jew or Gentile.

What kind of a bundle was it you saw him pick up? - I cannot tell whether it was a bag or not, it was a sort of a darkish bundle.

What size might it be? - I cannot tell, I did not take so much observation, as I was going about my own business, it was a good sizeable bundle; I think it was this length, ( about half a yard,) in a sort of dark thing, a cloath or such like.

Court. Had you no curiosity to know what was in his bundle? - No, my Lord, I was very late in my business, I could not stay, I had business more material.

Did not you think you had some little claim? - I thought it might have dropt out of some country cart, something, I could not tell what.

Is not there a notion among you, that if any thing is found, that all those that are present are to divide it among them? - I know nothing at all about that.

Did not you tell this man that you was to have half? - No.

You are a very disinterested man to let this man carry off the bundle? - I was too belated in my own business.

How long had you known him before? - I never saw the man before he picked up the bundle, and once in the Compter, I never made any enquiry about it, I gave him my directions.

You have a good memory? - I must, my business require a good memory; it does indeed.

How was the prisoner dressed that morning? - Not as he is now to be sure, I do not know how he was dressed, he had a sort of a great coat on, that I am pretty positive of.

Did you see any thing of any gimblets or iron crows. - No.

Do you deal in silver as well as biscuits? - No, never, no man can ever say, I ever bought any silver.

And did you really never see this man before? - No, my Lord, never.

GUILTY . ( Death .)

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

Reference Number: t17830430-39

286. MARY POND , wife of James Pond , was indicted for feloniously stealing on the 4th of April last, one silk cloak, value 12 s. one linen gown, value 5 s. and one linen apron, value 2 s. the goods of Thomas Blizard .

THOMAS BLIZARD sworn.

I am a cart wheeler, and keep a lodging house , I lost the things in the indictment, the prisoner lodged in my house, nobody else dwelt in the house but her and me; we had a warrant, and the constable searched the prisoner's room, and found two duplicates, belonging to a sheet and looking glass, and a white apron; on further examination, the constable said, she must have the other articles which I had lost; her husband run away, she confessed to the Justices where all the articles were; the pawnbrokers are here.

(The Pawnbrokers produced the things which were deposed to.)

PRISONER's DEFENCE.

I did pawn the things out of the room being much distressed, my husband obliged me to pawn them, he told me, that some of his friends had lent them him to make some money on.

RICHARD FAITH sworn.

For the prisoner, I will not deceive you, it is my daughter, I am sorry to appear here in this capacity; I wish to relate the circumstance, it is an unhappy, and an unfortunate circumstance, she is a person that

has never patrolled the town, though she is reduced to a skeleton by the practices of a designing man, who I suppose has debauched her and stripped her naked; they lived together, and the man ran away as if he was flying from the face of a serpent: Now this poor girl, it is not clear to me that she is guilty.

The Prisoner called another witness who gave her a good character.

Court to Jury. If the prisoner was the wife of that man who lived with her; as to all acts of this nature committed by the wife, under the immediate power and compulsion of the husband, the law imputes this to the authority of the husband, and does not impute it to her; so that if it appeared she pawned them by his orders, by his command, you must acquit her; but there is no such proof before you, and you have no means of connecting the man with the fact, but from the general probability, that he who lived in the room with this woman, must have known what she was doing, and if he knew, must have been privy, and if privy, must in all probability be the principal and not her; which is going a great deal upon conjecture, in opposition to the immediate conclusion of her being the person that pawned them.

NOT GUILTY .

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

287. The said MARY, wife of James Pond was again indicted, for that she on the 4th of April last, feloniously did take away, with intent to steal and purloin, one linen sheet, value 1 s. 9 d. and one looking glass, value 2 s. the goods of Thomas Blizard , which were let to her and the said James Pond , in a certain lodging room, against the form of the statute .

THOMAS BLIZARD sworn.

I let my lodging to this man and woman, these things were in it.

The pawnbroker proved the prisoner's pawning them.

(The things deposed to.)

Court to Prosecutor. Where did James Pond live? - In the same room with her.

Court to Jury. Gentlemen, this is a stronger case of probability than the former, and therefore as you thought fit before to impute the offence to the man, of course you will acquit the prisoner of the charge.

NOT GUILTY .

Court to Prisoner. Young Woman , your father is here, you have had the goo d fortune to meet with a merciful Jury; now the only return you can make to them and the publick for what you have done, is to leave that man that has led you into all these difficulties, (for I dare say you are not his wife) and to take care never to see him any more, and to return home, and live honestly with your father.

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

Reference Number: t17830430-40

288. MARK BOYLE was indicted for feloniously stealing, on the 10th day of March last, seven hundred pounds weight of hempen yarn, value 14 s. the goods of John Perry and Joseph Hankey ; and JANE WARRICKSHALL was indicted for feloniously receiving three hundred pounds weight of hempen yarn, part and parcel of the same goods, knowing the same to have been stolen .

Prisoner Jane Warrickshall . My Lord, I beg the favour to have my trial put off, as my witnesses are not come, they will be here shortly.

Court. I cannot put off your trial, but as it will take some time, they may come before it is finished.

WILLIAM LAW sworn.

I am foreman to Messrs. Perry and Hankey, they lost a quantity of yarn in the night of the 10th of March, between

eleven and twelve; I was called up by Charles and James Smith , and one Vivian, and they asked me if I had lost any yarn, I got up and went with Smith to the yarn, and upon opening it, I found it was nottled from two to twenty-one, and was perfectly certain it belonged to my master; I then told Vivian to stay in the yarn-house, and I would call my master, and upon the causeway we met the prisoner Boyle and the evidence, we went round a back way into the garden, that adjoins to Mrs. Warrickshall's yard, and there I kicked my foot against a bundle of yarn, which correspond with the other; I have no doubt but it was Messrs. Perry and Hankey's yarn.

THOMAS NICHOLSON sworn.

I am a watchman at Blackwall, I found some yarn by one Mr. Guy's in the street, which I carried to my house, I found the second parcel in the Marsh, which I carried to Mr. Charles Smith 's.

CHARLES SMITH sworn.

On the 10th of last March, between ten and eleven I saw two men go by us as I was going home, and the prisoner Boyle was one, and the evidence Lane was the other; they had a bundle a piece on their backs, I followed them to the door of the prisoner Warrickshall's, and Lane was got into the house, I caught hold of Boyle, and said, it was a villainous affair, I put my hand upon the bundle, and I found it was new yarn, upon my oath the prisoner is the man.

Jury. What time was it then? - Between eleven and twelve, there was a young woman held the door open, with a lighted candle in her hand; we walked about twenty yards in the Marsh, and there laid two bundles more; coming back to the door, the prisoner Boyle, and the evidence were coming again empty towards the Marsh, and where this yarn lay.

Court. When they went to Mrs. Warrickshalls, that was going from the Marsh? Yes, they came out of the door, and I stopped them both, I enquired where they were going, and what they were doing, they said, what was that to me, they were walking about till day-light to get work, I laid hold of Boyle by the collar, says I, my friend you are the man, I suspected at Mrs. Warrickshall's door, Lane the evidence was with him, he said, he knew nothing of what I was talking of, upon that I called out for William Smith , when he came up, he was watching a third bundle, he laid hold of Lane.

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

Reference Number: t17830430-40

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 sufficien-Instructor of itself, but if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

Reference Number: t17830430-40

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 30th of APRIL, 1783, and the following Days;

Being the FOURTH 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 IV. PART V.

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 Mark Boyle , &c.

Prisoner Warrickshall. Whether it was not a very dark night.

Court. There was a moon, good woman at that time, the eleventh was the first quarter.

But it was as dark a night as ever came out of the heavens, he said he would be revenged of me, because he wanted to borrow some money.

Court. You hear what she says to you, did you borrow money of her? - How long it was I cannot tell before that happened, I had an Absent India bond from a friend of mine that was at sea, I wanted a little money, it only wanted ten days of being due, I told her, I should be obliged to her to give me the cash for it, she said she would, but she did not do it.

Prisoner. I said, I would give you an answer in an hour.

Court to witness. Did you threaten any revenge to her, or bear her any revenge, or any thing of that sort? - No.

Prisoner. I am rather apt to think Mr. Charles Smith that you do? - You have a right to think what you please.

WILLIAM SMITH sworn.

About half after eleven on the 10th of March Charles Smith came running to me, and we went and called Mr. Low, and as we were going along the field, we found two large bundles of yarn, one was very large, I helped him up with it, and he carried it to his house, and presently after I found he had taken Lane.

Court. What did Boyle say when he was first examined? - He said, he laid the night before in London, then somebody asked him, and he said, at Stratford-green; he said nothing about the yarn, he said, when we first took him, mind you have found nothing upon me.

JAMES OLIVE sworn.

I found a knife upon the prisoner, but it is mislaid, and these keys were found in Lane's pocket.

Jury. Was it old or new hemp? - All new, prepared for using the next morning.

What did you find at Warrickshall's house? - We found nothing in the house; that which I found in the garden near the

back yard, I really believe to be a part of that which was stolen, I do not know how it came there.

(Some of the Yarn produced and deposed to.)

ELIZABETH M'KELLKIN sworn.

Do you know Mrs. Warrickshall? - Very well.

Was you at her house in March? - Yes, and before and after.

Did you hear when Boyle was taken up? - I know none of them by their names.

Look at the prisoner Boyle? - I cannot recollect him.

Do you recollect any man coming to Mrs. Warrickshall's house, on the 21st at night in March? - Yes, on Monday night about half after nine, I let in two men, they knocked at the door as I was ironing, they said nothing to me, but went up to Mrs. Warrickshall.

Court. Had you a candle? - No, I do not recollect that I had; one of the men told her he had got some stuff, whether it was old or new, I cannot say, and she asked them whereabout it was, and he said hard by, and she bid him work away for she was not afraid, and then the man said some words, which I do not recollect, she said it is not time yet, sit down you can do nothing yet, I will tell you when to go; then they sat down; the man said, there was another, she said, where, he said at the door; she said, call him in, for our watermen are at work, nothing can be done just yet, a pot of beer was standing on the table, which we had for supper, she bid them drink; a chandler's shop being next door, I went out for some snuff, and when I returned I saw three men; she did not much like her neighbours hardly, and she was very angry with me, because I went without her leave, and when I came back, she bid me go to bed: I left the three men sitting there, and saw them no more that night; there was a young woman lodged in the house, I cannot tell her name.

Prisoner Warrickshall. I deal in the shipping, this woman washed for me five years, she threw herself on our parish, and I took her in out of charity, I deal in the smuggling way; I did not care to trust her; the watermen go to work of a night on board of the ships; I had a property of India goods.

Witness. You could not trust me because you used to buy so many stolen goods.

(Looks at Boyle.)

That is the last man that came in, he came in while I was at the shop.

Prisoner. I kept her for three weeks, she was drunk every night.

MARGARET BAYFORD sworn.

I live at Blackwall, I know Mrs. Warrickshall, she lives on one side of the way, and I on the other, four or five doors opposite, I have seen things come in and go out, but I do not know of any thing particular.

Do you remember some men being taken up? - I remember hearing of it next morning, I did not see them that evening.

But before the men were taken up, did you see any thing carried into her house? - No.

Any thing taken out the next morning? - Not before they went into the coach, I have seen ropes before, but nothing of this sort.

(The Nettled Yarn produced.)

WILLIAM LANE sworn.

Do you know the prisoner Boyle? - Yes.

Do you know Mrs. Warrickshall? - Yes, Sir.

You know Mr. Perry and Hankey's warehouse where the yarn was kept? - Yes.

Tell us what you and the prisoner have done? - The Monday night, I cannot tell the day of the month, but it was the night before we were taken up, we went there about eight o'clock, and going in we found a parcel of new yarn; there was Boyle and Sulivan, we cut about nine bundles, either eight or nine I cannot say rightly which, when we had made them up, we brought them about half way to her house, and left them in the marshes, all but one

parcel, and we took one of the parcels to bring to her house, to get two or three shillings, we was stopped by the way, there were two or three men, I forget their names, they were coming after either, Sulivan or Boyle dropt the bundle, and as the two men were coming after, one of them picked it up, I asked them why they dropped the bundle, they said, they were afraid, says I, you ought to have walked on with it, we came to Mrs. Warrickshall, and I went in, the other staid out, she asked me what it was as I had no parcel, then I told her, I had got some stuff, she asked me where it was, and I told her, it was hard by; and she told me then to work away, I told her that would not do, then I told her what it was, in telling her what it was, she said, it was rather to soon, and bid me set down, and she would tell me when it was time.

Was any body with her then? - There was her son, and a niece, and her girl, and another young body, and a sailor in a blue jacket, a lodger, I believe I staid there till between eleven and twelve, she desired me to tell them to come in, but they came in without calling, when it was time she told us to go off, and if we did not go off at that time we might be hobbled, because the watermen were going to work at the shipping to smuggle some goods, then we went where the yarn was, and we brought a bundle a piece, and we threw it off our shoulders down into the cellar.

Who opened the door? - I believe the door was upon the latch or half open, I was the first that went in of the three.

Did any body come to the door? - I cannot tell, I went right in with the bundle.

Was either of them stopped at the door? - Never a one.

Did you bring any more bundles that night? - Yes, Sir, we brought two more, Boyle and I.

When you brought these two bundles, was any body at the door then? - No one at all.

Who went in first? - I went in first.

Did any thing pass about Boyle? - The second time Boyle was stopped in the entry.

Who stopped him? - As I could find out, he was stopped by one Smith.

What did you do with these bundles? - Throw them down into Mrs. Warrickshall's cellar, as we went along Boyle says, here is a man following us, upon which I said, come on, and the man laid hold of Boyle at the door and turned him round; we staid there about an hour; we told Mrs. Warrickshall, and she bid us stop a bit, I told her Boyle had told me he was stopped; she asked me if I could shew her the house, and she said, she would go along with me, I shewed her, and she said, it was one Smith; there was no fear, but to go on; she and I came back to the house, and coming back I called Boyle out, and I asked him to come along, and as we passed Smith's, he laid hold of Boyle, and called out to another young fellow named Smith; this young fellow laid hold of Boyle, and the other laid hold of me.

PRISONER BOYLE's DEFENCE.

Where I lived this man came and told me, that he had some loads to carry, and desired me to go with him, I being a poor lad, did not know what to do, he brought me to the store house, when I felt what it was I helped him to fetch them out, and he brought me to some house, but not to this woman's for I never saw her before, till I saw her before the Justice, the man told me, he would employ me to carry these loads for him; I never was in the place before, I do not know where the woman's house is.

Court to Lane. Is that true? - He knew as much about it as I did.

Court to Charles Smith . Recollect, are you sure this is the man that was one of the men that went into the house? - Upon my oath, to the best of my remembrance it is the person.

Do you verily believe this to be the man? - Undoubtedly, my Lord.

Have you no doubt? - I have no manner of doubt, I perfectly recollect that to be

the man, I conversed with him at the door, and seeing him so short a time after I knew him again; I felt the yarn, and saw it by the light of the candle that the girl had in her hand.

PRISONER WARRICKSHALL's DEFENCE.

In the first place I ask the prosecutor Mr. Hankey, which I look at now, whether it was dark or light, it was half after eleven, I was sitting up for a lodger, every body was in bed in my house; I heard Mr. Hankey and one Mr. Govey, a ship-broker, in the street about half after eleven, and goes to the door hearing their tongues. Hearing Mr. Hankey making mention of an old rope that had been stolen, and that I had it, God bless me, Sir, says I, have you any suspicion Mr. Hankey, are you sure that I keeping an old rope shop, have got it, come in says I; and he turns to Govey, and he says something to Mr. Govey in a high stiled manner, which I cannot rightly tell you the words; but meaning if he came in I should hurt them; I never saw the property, or ever had it from the top of the house to the bottom, Mr. Hankey searched, I had not a bit of new stuff in my house; there is old stuff, about five or six hundred weight.

Court to Hankey. Was it a dark or light night? - I think it was light enough.

- HANKEY sworn.

You was at the prisoner's house that night, was you Sir? - I was.

Was it so dark that a person could not distinguish perfectly? - I think it was not dark, because I could very well distinguish her, when she stood at the door, she came to me, and asked me several times to come in, and said, I beg Mr. Hankey you will, for you will catch cold; I told her my business was in the street, and there I chose to stand.

Jury. What time of night was that? - That was about one, I was not called till half after twelve.

Prisoner Warrickshall. After I came to Newgate, Lane pushed away from the officer, and got up a chimney.

Lane. There was no commitment.

Court to Warrickshall. It is now pretty near three hours since you expected your witnesses.

Prisoner. Another thing I expected my Lord, my Council, and he is not here.

MARK BOYLE , GUILTY .

Transported for seven years .

JANE WARRICKSHALL , GUILTY .

Transported for fourteen years .

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

Reference Number: t17830430-41

284. GEORGE M'DOUGHALL was indicted for feloniously stealing on the 7th of March last, one live peacock, price 20 s. the goods and chattles of his Grace the Duke of Northumberland , and MARY WARD was indicted for feloniously receiving the same on the 8th of March , knowing it to be stolen, against the statute .

JOHN BELL sworn.

I am Bailiff to the Duke of Northumberland, I reside at Sion House; on the morning of the seventh of March, I found some poultry was stolen, there was a ladder found adjoining to the garden wall, I searched some suspicious houses in the neighbourhood, I found nothing there, the next day I procured a search warrant, to search the house of George M'Doughall, I saw Mrs. Ward his partner; he confessed they were partners upon his examination.

Where is that house? - In the narrow part of Holborn, I asked for some ducks, the constables went immediately into the house, I remained in the shop till Mr. Newport and the constable called me into the yard, to look at a bird that was in the coop, with three birds; I looked, and I did not think it belonged to his Grace; we went into the cellar to search that, I found nothing of that kind in the cellar; the constable desired Mr. Newport to go up stairs for fear the woman should play some tricks; he called to me to go up stairs, and in the back room of the first floor there was the

window opened; and this bird standing upon the tiles of a shed, I knew the bird, he has been under my direction these seven years, there is no artificial mark only his natural colour, I am sure of the bird; the prisoner said, she never saw the bird in her life before, and did not know how it came there.

Court. Where was she when you came into the room? - She was in the room with Mr. Newport, the constable insisted upon it the bird had been in the room, there was a feather in the room, and he picked up a feather that belonged to a pea-fowl.

Do these birds stray much from their own homes? - They every night go to roost, and as soon as he was set down he went to roost regularly, if he had been a stranger, they would not have permitted him to have remained among them, for we have many.

Prisoner's Council. There was another fine peacock at this house? - Yes.

You took that away, you thought that was the Duke's? - I said, it might possibly be his, I could not tell, I was desired by the magistrates at Bow-street to take it down, to see whether he would go to roost; I had not seen it for three or four days.

How or by what means it went away you cannot possibly say? - No, only being told.

When you came to this house who did you enquire for? - For Mr. M'Doughall.

Whose house is it? - It is Mr. M'Doughall or Ward's, I cannot tell which.

Prisoner's Council. Did he not say he was servant or partner on board a ship? - She said, he was a servant, he said, he was partner.

You knew nothing of them before, whether they were partners or what situation they were in, you cannot tell? - I never saw either of them before, I did not see him first.

You say, you saw the peacock standing upon a shed? - Yes.

Did not that shed belong to another house? - Yes.

Was it not a distance from that house? - As far as I am from you.

And as near to the next house, I take it for granted? - I know nothing of the next house.

You found the bird sitting upon a shed, and you took it away? - Yes.

Have you not often declared that you did not think that that man stole the peacock at all? - No positive declaration at all, I have declared I did not think he was guilty of the felony of stealing him, if he had, he must have some other accomplice with him.

JOHN WILLIAMS sworn.

I was a servant of the Duke's, on Thursday morning the peacock was taken away, I saw it within a day or two of the time, it was taken away by night.

SAMUEL NEWPORT sworn.

I went with Bell to the prisoner's house, Mrs. Ward was in the low back room, I went backwards, for I suspected it might be in the yard, I discovered a peacock in a coop with two hens, we went down into the cellar, and up the first pair of stairs, and I heard a locking of a door, I just caught her as she had locked the door, I saw the window pushed up as high as it could, and I saw the peacock, I called to Bell, the moment he looked into the room, says he, that is the Duke's bird; I am sure the bird was on the shed just under the window, there was a bed in the room, and corn thrown on the floor.

(The Peacock produced.)

Prisoner's Council. You say there was corn in the room, and the bird had been feeding, they had other birds, had not they? - Yes.

Court. You have not fixed the man to be the owner of the house.

Council for Prosecution. Who does the house belong to? - I do not know.

PATRICK M'MANUS sworn.

You know this house? - Yes.

Whose house is it? - I cannot say.

Have you heard either of the prisoners say whose it was? - I have heard

M'Doughall say he was a partner in the house.

Court to Jury. Here being no proof against M'Doughall, the principal, you must of course acquit Ward, the receiver, if the circumstances are ever so strong against her.

GEO. M'DOUGHALL, MARY WARD ,

NOT GUILTY .

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

Reference Number: t17830430-42

285. THOMAS RICHARDS was indicted for feloniously stealing on the 1st of June last, one bank note for the payment of 20 l. the property of Henry Harford , Esq; of the value of 20 l. one other bank note for the payment of 20 l. the property of the said Henry Harford , Esq; of the value of 20 l. one other bank note for the payment of 20 l. the property of the said Henry Harford , Esq; of the value of 20 l. one other bank note for the payment of 20 l. the property of the said Henry Harford , Esq; of the value of 20 l. one other bank note for the payment of 20 l. the property of the said Henry Harford , Esq; of the value of 20 l. the said several sums of money, so secured by the said several notes, then being due and unsatisfied to the said Henry Harford , the proprietor thereof, in the dwelling house of the said Henry Harford .

Mr. Fielding. May it please you Lordship, and you gentlemen of the Jury? - You find by this indictment, the charge against the prisoner at the bar, is that of stealing different bank notes, in the dwelling house of Mr. Harford, who is a gentleman of great fortune , and lives in St. James's street ; the prisoner was his servant during six years, in which time his master had too much occasion to complain of frequent infidelity, and frequent dishonesty; some time in May last, Mr. Harford had drawn upon his banker for four hundred pounds, the banker sent it in twenty pound bank notes; he put it as he thought securely in a private drawer, which would only open by a key he was possessed off, which was made by a locksmith in town: Some time after he discovered he had been robbed of seven bank notes, he had no suspicion of the dishonesty of the prisoner, and did not know of any person in his house whom he had any reason to suspect, and therefore he only communicated his loss to Mr. Needham an intimate friend, who lived in the same house, and no farther notice was taken of it: In October last, the prisoner who had been Mr. Harford's valet de chambre, was discharged from his service, and being discharged, he left a box at Mr. Harford's house, and frequently returned there, under pretence of looking into this box; no objection was ever made; on the 10th day of April last, Mr. Harford had put into this drawer the sum of fifty guineas; the Saturday following, Mr. Harford discovered these fifty guineas had been taken away; he then spoke to his valet de chambre John Allen , and told him of his loss, and he did not know whom to suspect; Allen astonished at this communication, and feeling his own situation unfortunate and uneasy, as well as the situation of all the other servants, at last on considering the circumstances, thought that the theft must have been committed by the prisoner; he recollected that the prisoner came to Mr. Harford's house, in company with one John Spingey , on the night of the 10th and he hoped he would return again; he was not much disappointed, for he returned on the evening of the 23d; when he came to the door, Allen's wife, who lived in the house, desired her husband to go up stairs, he did so, and concealed himself behind a chest of drawers, in Mr. Harford's dressing room, the prisoner was let in, and went up stairs as usual to look into his box; but he went into Mr. Harford's dressing room, and there in the view of Allen, he opened this very private drawer of Mr. Harford's with a key he had then in his pocket, Allen immediately flew from his concealment and collared the prisoner, which prevented his taking any thing at to that time: Mr. Harford had now very little doubt, upon this being communicated him, and though he had not the recollection of the numbers of these bank notes, he soon

obtained it from the bankers, and it was soon afterwards discovered, that the prisoner had in June, which was soon after these notes were lost, paid into the bank of Harris and Co. six of these notes. Therefore you can have but little doubt, that these suspicions were properly directed towards him: This key, by which he got into this drawer, he obtained in the following manner; in the year 1781, Mr. Harford had broke this key, and intrusted it to his servant, ordering him to go to the person of the name of Noble to have it mended, or a new one made; he did so, but before that time, he carried it to another locksmith, of the name of Powell, and there had a key made, answering in every particular: Gentlemen, after the prisoner was taken up his box was searched, his lodgings were searched, and there were found some things, which are the subject of another indictment. But in order to prove to charge as it is laid in this, I shall produce before you the evidence of the bankers, who sent these notes to Mr. Harford, and the evidence of Mr. Harford, who will tell you that they were secured in that drawer, and afterwards, it will appear to you, that these very bank notes were deposited in the house of Harris and Co. by the prisoner himself; gentlemen if these notes are fully proved to you, then there will remain, but little doubt as I apprehend, that the prisoner is guilty of the crime, imputed to him, and there will also remain as little doubt of what will be the event of your verdict.

HENRY HARFORD , Esq; sworn.

I live in St. James-street, the prisoner came to me while I was at Oxford, and lived with me six years; in October last, there was some dispute between us, and he was rather impertinent, and I discharged him.

Do you remember in May last, that you had drawn upon your banker for some money? - I cannot say to the particular time.

Was it before June? - It was.

Who were the bankers Messrs. Hanbury and Co. Lombard-street, I drew for 400 l. I gave a draft for 400 l. particularly desiring that it might be in 20 l. bank notes, I never take any account of my bank notes; I put them all into a pocket book, and fling them into an iron chest, which stands in the room, the key of the iron chest I put into a drawer with other things, out of which drawer the money was since taken.

Court. Where was the drawer? - In a writing table that stands in my dressing room, I did not want the money immediately, and I take it, it was very near a fortnight before I discovered that some of the notes were missing, I had taken some of these bank notes out twice, and the third time taking of some out, I discovered some were missing.

Did you communicate your loss to any body? - I told Mr. Needham, I spoke of it to nobody else, I lost seven twenty pounds bank notes.

When you discovered the loss, there were several of the notes remaining? - On Saturday I took out 100 l. and on the Sunday; I put the pocket book in my pocket, and then it was the third time, coming to take money out that there was a deficiency.

You counted the bank notes, when Mr. Needham delivered them to you? - I counted them then.

How long after this was it, that your servant staid with you? - Till the October following.

Do you recollect the circumstance of the lock of this drawer being broke? - I recollect it particularly, in was in 1781, I was going to open my drawer, and the key broke, and soon after I turned the table topsy turvy, and cut out the bottom of it, as there were many things in it; I bought the lock myself, and desired the prisoner to take it to the maker, who was Noble at Charing-cross, to have a new key; it was a length of time before the lock was put on, and I believe it laid some time in the drawer.

In October last, the prisoner was discharged, had he taken away his things? - I supposed he did then, in September last, I took some money in bank post-bills, I paid him with one of them, a ten pound note, and he told me he had lost it, the consequence

was, he was to apply to the bank to get this money, I do not know what difficulty they make in payment of money in this way, but he said, he could never get it, and one morning he came to me, and he said, Sir, I am not able to get this money, I told him, I would apply to the bank, about getting the money for him, that was the only time when I saw him after he left me.

Can you tell us, whether you drew for such a sum as 400 l. at any time near to that? - certainly drew for that sum only once, therefore, the banker's books will tell you.

Prisoner's Council. If I understand you right, the prisoner was not turned away for any ill behaviour of his own? - It was for a piece of impertinence.

You did not take the numbers or description of the bank notes? - I never do.

I suppose you gave him money to pay bills? - Yes.

Then you put your hand in the drawer, and gave sometimes notes and sometimes cash? - He kept a book, in which he entered every thing, and I used to pay him at the end of the week, which generally run to five or six pounds, and sometimes more.

WILLIAM BEAUMONT sworn.

I am clerk to Messrs. Hanbury and Co. I have my book; on the 25th of April, here is a draft of Mr. Harford's for 400 l. it was paid in twenty 20 l. notes, Mr. Needham came for it.

Have you an entry of the numbers of those notes? - Yes.

Look at No. 83? - O. 83, dated 9th of May 20 l.

Court. What year? - That I have not down.

Look at H. 23! - January 15th, 20 l.

K. 212? - February 1st, 20 l.

K. 327. - That is not here.

Is K. 746 there? - No.

Look letter B. 207? - Yes, that is here, letter B. 207, November 28th, 20 l.

Letter K. 145? - Dated 15th of February 20 l.

Have you letter K. again 239? - No, Sir.

Letter B. 621? - No.

R. 97? - No.

Mr. Fielding. Then I can only make out five notes, these notes were delivered to Mr. Needham, on account of Mr. Harford, on the 25th of April? - Yes.

Prisoner's Council. I see there is no years to them? - No, Sir, we never take the years.

Therefore whether it was the year 1770, or when, you cannot say? - No.

Are not you every day issuing bank notes from the bank? - Every day.

Court to Mr. Harford. You say, an account book was kept? - Yes, that I saw and settled.

Was there the receipts as well as payments, did he set down any particular receipts? - He made a regular bill in a small book, and I paid him at the bottom of it.

Not keeping an account, debtor and creditor? - No, my Lord.

ELLIS NEEDHAM sworn.

Do you recollect going to the bankers with a four hundred pounds draft for Mr. Harford? - Yes, the latter end of April, or beginning of May, I cannot tell which.

Court to Mr. Harford. You took your pocket book out you say? - On the Saturday I took five bank notes out, I did not count them then.

You did not discover it, till you took out the second time the one hundred pounds, was it within a fortnight? - I did not discover my loss when I took the second one hundred pounds, not till the third time.

What became of the pocket book? - I put it in again.

It was never out of your house? - No.

Court to Mr. Needham. You recollect seeing Mr. Beaumont at Mr. Hanbury's? - Yes.

What did you receive from him? - Twenty twenty-pounds bank notes, I delivered them to Mr. Harford, and he counted them.

I believe you was present when the prisoner was taken into custody? - I came in after he was secured.

Did any examination pass in your view? - No.

Prisoner's Council. You did not take the the numbers? - No, Sir, I did not.

Mr. Fielding. Before I call John Allen , I will call Sir Robert Harris 's clerk to prove these notes were paid into their house.

Prisoner's Council. You will prove that some notes were paid in.

WILLIAM WILKINSON sworn.

I was clerk to the bank of Sir Robert Harris and Co. in St. James's-street; I know the prisoner extremely well.

Did he at any time in June last, pay any money into your house? - Yes, he did, on June the 21st.

How much Sir? - It appears here, that he paid in three hundred and sixty pounds, on June the 21st, 1782.

Have you any memorandum of the manner in which it was paid? - I have, of all but the sixty pounds that was in money; the three hundred pounds were in bank notes.

Have you the numbers of these notes? - I have.

Look if you have letter O. No. 83, dated the 9th of May, twenty pounds; letter H. 23, January 15, twenty pounds; letter K. 212, 1st of February, twenty pounds; letter B. 207, 28th of November, twenty pounds; letter K. 145? - I have it here, letter H. 145, the rest are all here.

Court. You must ask Mr. Beaumont, whether it is K, or H.

Mr. Beaumont. I have it H. 145.

Jury. You said K. before.

Mr. Beaumont. It is H. 145.

Court. They were all paid in together, with sixty pounds in cash? - They were paid in, with sixty pounds, in other notes and cash.

Prisoner's Council. How long have you been in the banking business? - I should suppose about eight years.

There is no dates I understand in your book? - I never put the year.

Then how many bank notes have you seen in your life-time, answering that description, both as to dates, letter, and sums? - Upon my honour I cannot tell you, I do imagine that the bank never gave out two notes of the same letter and number.

But what think you of the same year? - I should think that another year, they may give out the same number and letter.

Why, in the same day we have seen notes of the same number? - No, Sir.

Will you say, that they have not given them out? - No, it is no business of mine; I should suppose, that they have a number of letters g iven them, for those particular dates, and I suppose the year following, they give them other letters.

Court. Is there any person from the bank here, I want to ask, whether there is any sort of time as a general calculation how long bank notes go in circulation.

To Mr. Beaumont. Do you know as to the length of time that bank notes are in circulation? - That is all uncertain.

JOHN ALLEN sworn.

I am servant to Mr. Harford, I knew the prisoner, I lived with Mr. Harford when he was discharged.

Court. Did you see the prisoner at Mr. Harford's house, on the 23d of April? - Yes.

What time in the day or evening? - It was between eight and nine in the evening that he came there.

Where did you see him? - In the dressing room.

In what situation were you in the dressing room? - I was concealed in the bookcase in Mr. Harford's dressing room, between eight and nine.

Did you see the prisoner enter the dressing room? - He came into the dressing room and opened my master's table drawer.

How did he open that table drawer? - With a key in his right hand.

What did he do? - He drew the drawer half open.

Did he take any thing out? - No, Sir, I did not give him time, immediately on seeing him do this, I jumped out from my place and collared him.

Have you seen him at your master's house any time before this in April? - Yes, he has been there several times.

Do you remember the time he was discharged your master's service? - Yes.

Did he carry his goods away with him? - He left a large box.

What part of the house was this box in? - In the garret.

And he was suffered to go into your master's house to look for those things? - Yes, he said to me, John, I suppose my box will not be in the way, you have room enough up stairs, I said, no, the box might stand there.

Prisoner's Council. Nothing had been taken out of the drawer the day you was concealed? - No, Sir.

Court. You mean that he came to your master's house to his box several times, after he was discharged from your master's service? - Yes.

MARK NOBLE sworn.

I live at Charing-cross, I am an ironmonger.

Do you remember making a key to a drawer for Mr. Harford? - I cannot perfectly remember that, I have some idea of it, but I cannot say I did.

Do you know the prisoner at the bar? - I cannot say I do, I think I have seen his face.

You do not know whether he ever applied to you about a lock or key? - I have some distant recollection, but I cannot recollect particularly; I have a workman's memorandum book, and I find two fine keys were made about that time, I have made out to whom one of them belonged, the other I cannot unless this is it.

You say, you have a recollection of the prisoner's face? - I think I have seen him before.

Court. In general did you do work and business for Mr. Harford? - No, my Lord.

Did he deal at your shop? - Not in particular, I believe I sold a lock to Mr. Harford, a year or two before.

Prisoner's Council. Your's is a very large shop? - Yes.

If any body comes in to ask for a lock, you sell them one? - Undoubtedly.

You do not recollect every gentleman that comes into your shop? - No, Sir.

WILLIAM OV sworn.

I live in Piccadilly, opposite Bond-street, I am an ironmonger.

Do you know the prisoner at the bar? - I should not have known him, if I met him in the street, but when he was examined at Bow-street, he said, he lived with Mr. Harford, and he said, he bought a key at my shop, I think he said, it was in November, about the year 1781; he said, a key was bespoke.

What did he say more relative to the key, at Bow-street? - He said that he bespoke it he believed on Saturday.

Court to Mr. Needham. Did the prisoner after he was taken into custody, deliver any key to you? - When I went into the room as usual, I found the servant Allen, standing between the prisoner and the door, and Mr. Harford was there; he said, this is the gentleman that has robbed my drawers; I asked him, how he could do such a thing against his master, and where the key was, that he made use of, he said it was in his pocket, and he gave it to me immediately; I have the key now; I saw Mr. Harford try it himself, and it opens the drawer as well as his own.

Prisoner's Council. I thought the drawer was left half open? - Mr. Harford had another key which he made use of, but he tried this key.

Court. And did it open it very readily and easily? - Yes, my Lord, as easy as his own.

Prisoner. I leave it to my Council.

Prisoner's Council to Mr. Harford. You did not suspect him before this time? - No, I did not, I had a good opinion of him.

Prisoner's Council. The bank notes are not described at all in the indictment.

After the judge had summed up the evidence, the prisoner said, I expected my Council would have spoken for me, otherwise I would have spoken myself; my book of accounts that Mr. Harford has got, will sufficiently shew that I have received at different times, by different bills, sums to the amount of fifty pounds; besides at other times, Mr. Harford has frequently sent me to get change for notes, which I look upon it will fully answer every thing that is

alledged against me; another thing, Mr. Harford has frequently left his own key in his drawer, from the time he has dressed; another thing, Mr. Harford's pocket book, has layed for one or two days in a coat, that he has thrown off, frequently, not once or twice; with notes in it; and Mr. Harford has never missed it: I have searched his coat pockets, and brought him his pocket book, with notes in it; his present servant, John Allen , can prove that I have often changed him bank notes, as being often desired to get change of a Sunday, when I could not get it, therefore, I generally keep change in the house, and he generally paid me of a Sunday, sometimes it went for three weeks, and amounted to thirty, forty, or fifty pounds.

Court. I will ask Mr. Harford, or I will call any body you wish.

Mr. Harford. I can account for the whole 400 l. except these notes.

Prisoner's Council. Did he not frequently change notes for you? - Not these notes.

Did you leave your key? - I have often forgot the key, and he has often sent it up to me, though he had the other key at the same time.

You have several other servants? - Yes.

Court to Mr. Harford. Have you paid him on account of house-keeping, any of these bank notes? - I have not.

Prisoner. If the book of account was here, I am sure it would acquit me of this;

Mr. Harford. The time of the long reckoning, which was five or six weeks, I remember I paid him in a fifty pound bank note.

(The Book produced.)

Prisoner's Council. - (Looking at the Book.) May the 14th received 50 l. it does not appear here whether it was this note or money. - Received 20 l.

Court. That was after you missed these notes. - I cannot say to the day when I missed these notes.

Prisoner. Look further in May, if you please.

In June 16th, received 20 l.

Prisoner. And 28 l. wages, which is not down there.

Prisoner's Council. What were his wages? - Twenty-eight guneas.

Did you pay him at that time? - I am not particular to the time.

Prisoner. Sir Robert Harris 's clerk does not account for a 50 l. but all twenty pound notes.

Mr. Harford. A little time before this, Harris had money of mine in his hands, and therefore he might not know the account of the notes, as to a 100 l. 50 l. and 20 l.

(The Book handed up to the Jury.)

Court. Is there any possibility that this quantity of 20 l. bank notes, that you mention that you disposed of, could have found their way to the hands of this man? - No, four were lost at Mr. Harford's, and the other five were paid at Stapleton's, four remained, and seven were gone.

Prisoner. Mr. Harford frequently gave me notes to change, and I changed them for him, therefore, these notes must be in my possession.

Court. Gentlemen of the Jury, you will take this with you, that Mr. Harford accounts for these twenty 20 l. bank notes.

GUILTY . ( Death .)

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

Reference Number: t17830430-43

290. JOSEPH SPENCER was indicted for feloniously stealing, on the 4th of March last, one brown gelding, price 21 s. the goods and chattles of William Greenhill .

WILLIAM GREENHILL sworn.

I live in Cow-lane, Smithfield, I lost my brown gelding on the 4th of March, from Hammersmith , he was supposed to be out of the yard, the premises are adjoining to the common, and the gate might be left open.

Did he use to run on the common? - He was at keeping there in the yard, it is my own place, there was a person that lives in the house, that takes care of the things, I had not been there for a week or fortnight before; we valued him at a guinea; I missed

him on the Wednesday; or the Thursday morning going along St. John's-street, I saw the horse between the shafts of a cart, belonging to Mr. Weston; and I asked the driver how long his master had had him, and he said, he bought him two days before; that was the day he was missing in the afternoon; I asked him if he knew the man he bought him of, he said yes, he saw him the day before in Gray's-Inn-lane; then says I, you had better take the horse home, I think he is stole, I went to Mr. Weston, and he said, he thought he could find him; we went to the Shepherd and Flock at Paddington, and found him; he was taken before Justice Girdler, and he said, he was employed to sell the horse by one Wood, he was committed for farther examination, he did not produce him, he had him committed for another examination, and Wood was not produced, then he committed him here.

How was he marked? - He has a blaze on his face, and white on the off foot behind, and some marks on his back, he is brown or chesnut.

- WESTON sworn.

I bought the horse of the prisoner at the bar, on the 4th of March, on Thursday between three and four in the afternoon, at my own house; I know the prisoner, he told me he had been a smuggling with him, and he had worn him out, he was not fit for his service, and if I had any work for him, he would let me have him cheap; I gave him a guinea for him, several people were by, and said, I had given him too much.

PRISONER's DEFENCE.

I had this horse of one James Wood of Mary le Bone, I was going to my master's, I met this man, and asked him where he was going with the horse, he said home, he asked me to buy it, I told him, I did not want any, he said, if you can tell me where I can sell him, I will treat you with some beer, I told him that Mr. Weston I thought wanted a horse, he asked me to go with him, I went with him facing the gentleman's house, I told him, I knew Mr. Weston, says he take the horse, and get what you can for him, I said, I should rather he would go in along with me, he said no, get what you can, but do not take less than a guinea; I went in, Mr. Weston said, he did not know that he wanted such a one, then he said, he would give me a guinea, I went out to the door, and told Wood, and he said, let him have it, I went into Mr. Weston again, and told him of it, when he came out to look at the horse again, the horse was gone, Wood had taken him away, I went round the corner, and there was Wood with him in his hand, I took the money and gave it to him, and told him I was going home, I was to get up in the morning to drive the team; the second day they came to me as I was driving the cart in St. Giles's, and told me about the horse, and I was taken up then, I sent for my wife, and I sent for Wood, and he was not at home, his wife said, he was at Smithfield, and she went again the next morning at twelve o'clock, he did not come home, about a fortnight after he sent for his wife, and took her away: I never was in any confinement before.

Court. How came you to tell Mr. Weston, that you had worn out this horse with smuggling? - He said, he would give me half-a-crown, if I could sell him for more than a guinea.

Court to Weston. He has mentioned two circumstances, one is, that upon your biding him a guinea, he went out out to find Wood? - I recollect his going out to the door, but I did not hear him mention any other man at that time.

What did he go out of the door for? - I cannot tell what it was, I thought it was affecting to go away.

Court. Another thing, he says, that the horse was at the door, and when he came out he was gone round the corner? - The first time it was at my door, he went out and said, he would not take the money, he came in again and said, I believe you may as well have him; then the horse was out of sight

tied to the rails going down Gray's-Inn-lane.

Whether he had removed him, or whether any body else had removed him you cannot say? - No.

Court to Weston. What is his character? - I have known him two or three years, I never knew thing amiss of his character.

NOT GUILTY .

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

Reference Number: t17830430-44

291. MAR. MURPHY & BRIDGET MURPHY were indicted for feloniously stealing, on the 10th of March last, one silver watch, value 5 l. one stone seal set in gold, value 18 s. and four shillings in monies numbered, the property of James Mitchell , privily from his person .

JAMES MITCHELL sworn.

What are you? - I am a brewer's servant .

When did you lose your watch? - On the 10th of March.

What time of the day or night? - At five in the morning.

How happened it? - I went into the Falcon's-head, Broad St. Giles's , about five in the morning, I called for a pot of beer, drank out of it, and put the pot down by me on the table, I laid my head down on the table; and took a sleep, and my watch was taken out of my pocket the same time.

How long had you been in sleep? - Three or four minutes, I waked and missed my watch, I challenged one of the prisoners, who was on my right hand, she was next to me, the other was in the house standing opposite, and she said, give the man his watch, with that she put her leg up to get over the table, I went after her, but turned the wrong way, then I returned and told the watchman, he said, he knew where to find them, I went immediately to the Black Dog seeing; the woman went out, and told her to give me the watch, the other followed her, and there we had the watch of prisoner Bridget, the constable Young found the watch.

- YOUNG sworn.

I am Round-house keeper, this watchman and this man, brought these two girls to me the 10th of March, in the morning about seven o'clock, the man said, he had lost his watch and his money, as I was searching Margaret the other whipped her hand into her bosom, and said Blast you! here is your watch, take your watch, or something of that sort, when I searched the other, I could not find any money about her, but I took her and shook her, and a half crown piece dropped from her, the prosecutor said, he had lost a half crown piece and some silver, that was delivered to her at the Justice's.

(The watch produced and deposed to.)

JOSEPH ROWLEY sworn.

Past five o'clock, I went into the house for a gill of rasberry, my wife was sick, I saw the prisoner in the box, and Bridget jumped over the table, and said, damn you now stay there and be damned, the prosecutor got off his seat, and went and stood at the door; I asked him what he had lost, and he said his watch, I saw the prisoners both together at the Black-dog opposite, I took them both into custody, and they behaved very bad with their tongues.

PRISONER MARGARET's DEFENCE.

I met this man between four and five, he asked me to drink, he went first into the King's head, he called for a pint of beer, and then he came to the Falcon's-head, and he had three pints of beer, he said, he had lost some money down in the city, he paid for the three pints of beer, he pulled out his watch, and said, you go and get me half a guinea upon it, and the pawnbrokers was not up, and I gave it to this young woman, and she delivered it up.

PRISONER BRIDGET's DEFENCE.

I was in this public house drinking, I had a pint of purl, and was going home, and this young woman called after me, and

said, will you go to the pawnbroker's with me, I want to pawn something that the man has given me, so she gave me the watch in my hand, I had no pocket on, and I put it in my bosom, and the watchman came and took it out.

Court to Mitchell. Was you drunk or sober? - Why, Sir, I had been drinking a little, but I was not drunk at that time.

You said, you came into that house by yourself? - I did.

Had you been at any other house? - I was in the Hope, by Cheapside, I was not at the King's-head, I was not in company with Margaret but in that house.

Did you come into that house with her? - No.

Court to Jury. The circumstance of privacy seems to be personal, to the person that commits the fact, and that of the person who is present, aiding, and assisting, is guilty of the felony, yet as it depends very often upon the personal dexterity, it might not be fit perhaps to punish the person who means to be aiding and assisting in the general offence of stealing, with the same severity therefore the rule has been, to confine it to the individual hand tha t commits the fact; therefore, if it cannot be said, that both the prisoners were guilty of the private stealing, it is the safest way to acquit them altogether of the criminal charge.

MARGARET MURPHY , BRIDGET MURPHY ,

GUILTY, Of stealing but not privately .

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

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

Reference Number: t17830430-45

292. COLLIN RECULEST was indicted for that he on the 11th of November last, falsely and feloniously did make, forge, and counterfeit, and cause, and procure to be falsely, and feloniously made, forged, and counterfeited, and willingly act, and assist, in the false making, forging, and counterfeiting a certain bill of exchange, with the letters and words, J. Cotton, thereto subscribed, dated the 11th of November, 1782, purporting to be drawn by the said Collin Reculest , and directed to Ynyr Burgess , Esq; by the name and description of paymaster for seaman's wages, East India House, for the sum of 56 l. 15 s. payable to the said Collin Reculest, or bearer, for wages due for service, on board the Royal Charlotte, in the service of the East India Company, from the 20th of September, 1780, to the 26th of November, 1782 ; which said false, forged, and counterfeited bill of exchange, is in the words and figures following, that is to say,

"No. 15, 56 l. 15 s. London,

"November 11, 1782; Sir, two months

"after date, pay to Collin Reculest or

"order, the sum of 56 l. 15 s. due to him

"for wages, from the 20th of December,

"1780, to the 26th of November, 1782;

"for which this shall be a sufficient security,

"J. Cotton.

"to Ynyr Burgess ,

"Esq;" with intention to defraud William Luffnan , against the form of the statute.

A second count for uttering the same.

The third and fourth count, in like manner as the first and second, only the forged instrument is called an order for payment of money, instead of a bill of exchange.

WILLIAM LUFFNAN sworn.

I keep a publick house in St. Giles's, I have known the prisoner for some years, I saw him in November last, he called for a pint of beer, and told me, he was very glad to see me, that he had been on board the Royal Charlotte two years, in a voyage to the East Indies; and he was just come to Portsmouth, and had an opportunity of coming on shore there, and coming round the river that he might not be pressed; he said, he had a chest, and he was going to get an order for his discharge, and an order for his wages; the next day he came again, and called for a pint of beer, and said, he had done his business, and he flung down the note on the table, says he, I want a little money to take me

to Portsmouth, to bring up my things; and here is the note, but the crimps that would have bought the note, wanted more in the pound than he would give; he said, that was Captain Cotton 's hand writing, and Mr. Burgess had signed it, and it was as good as the bank of England, as any body would give the money for it, or I might pay it away; he said, he would allow me a shilling in the pound; he said, he should be back again in three or four days, or a week; he had two pints of beer, and paid for it, I let him have five guineas, and he received it, and signed it on the back in his own hand writing.

Look at that? - That is the same note, I saw him write his name upon it; as he did not return, I suspected it was not good; I shewed it to two or three friends, and asked them if they thought it was good; they thought it was as good as the bank of England, and advised me to pay it to my brewer, or any body, as I might have a deal of trouble, in getting it paid at the India house, when it was due; I went to the India house, and a gentleman there told me, he believed it was not Captain Cotton 's hand writing.

Prisoner. I told him, I was come home from the West Indies, and that I had the note from another person; he offered to let me have money, before he saw the note.

YNYR BURGESS , Esq; sworn.

I am paymaster of seaman's wages at the East India house, ( looks at the note) that is not my hand writing.

Is that Captain Cotton 's hand writing? - I do not believe it is, I have seen him write.

Court. Have you any means of checking these notes when they come to you? - We never pay by such notes, the account is brought in, and the seamen come themselves, or appear by their attorney.

Court. What is the authority under which you pay the seamen? - The husbands of the ships make up the accounts, and return them to me; I pay by the ledger.

Court. Therefore of course you could not pay such an order as this, you would treat it as a mere nullity? - Certainly.

So then if such an order as this was to come to you, unless it was authenticated by the husband, you would not pay it? - No, not unless I have the husband's permission.

CAPTAIN JOSEPH COTTON sworn.

I understand you are commander of a vessel, called the Royal Charlotte? - I was.

Look at that prisoner, did such a man ever serve on board your ship? - No, never.

Had you any man of the name of Collin Reculest ? - Never.

Is that your hand writing? - No.

Court. Is there any body else here; that can prove this man was not on board the Royal Charlotte.

To Burgess. You attended at the examination? - Yes.

Can you remember what passed from the prisoner, respecting being on board the Royal Charlotte, at Spithead? - He said, he went on board with a number of King's men, and helped to work the ship round to Portsmouth, that he was taken ill, and went on shore again.

Court. But what did he say, as to his having gone the voyage? - He did not pretend to have gone the voyage, only to have been on board with a number of King's men, to work her round to Portsmouth.

Court. When did the ship leave the river, on her outward bound passage? - Christmas, 1780.

Court. If he had been at any time in the ship, there are regular accounts transmitted to the India house of every man, are there not? - That man could never have been on board my ship, without my knowledge.

Court. The books are here? - Yes, these books are made up under my own eye, and no such name appears in the books.

PRISONER's DEFENCE.

Please your Lordship, I put off my trial last sessions, the person from whom I received that note not being in England, and I have two witnesses that have been with me ever since the last sessions, they were obliged to go away the night before last, to Portsmouth; they would have proved,

that I. I that note as good, of one Collin Reculest : The gentleman offered to let me have as much money as I would have on it.

Court to Prisoner. You know you told your friend the publican that you yourself had been the voyage, and was just returned.

Prisoner. No, my Lord, I told him, I was just returned from the West Indies: I have been at sea all my life, ever since I was eight years old, in the King's service; I was along with Admiral Rodney, at the siege of Martinique, I have been discharged three times from the King's service; I have my arms broke, legs broke, and skull fractured; I entered on board the Zebra sloop, I was picked out by Sir Robert Bickerton; I was pressed by Lord Howe, and went to Gibraltar with him; I was wounded under Sir Roger Curtis; then I came home the latter end of last year, and that person owed me a great deal of money, and I took the note from him, I knew nothing at all that the note was bad.

Court to Prisoner. Are you able to shew that there is a person of that name? - I had two persons here to prove it, they came to town on purpose to be here as witnesses.

Court. I should have been very sorry to have been them here.

Prisoner. My Lord, I am a very unfortunate, and a very unhappy man. - They were waiting all day on Wednesday; I had likewise, Captain Englefield , that was Captain of the Centaur, and he is not present: I was brought up with him ever since last war, and we were both boys together: I have been in nineteen engagements, and twice cast away.

Court. I am very sorry, that a man, that has seen such service, should stand in this situation.

Prisoner. My Lord, I can shew my body full of wounds, but my back is without a blemish; I had witnesses to prove my innocence on Wednesday.

Court. Captain Cotton was examined but I think there may be a doubt, whether he was legal witness or not, therefore, I rather wished to see the necessary fact proved, in some other way the he was to prove was, that there was no such man board the Royal Charlotte.

Court to Jury. Gentlemen, of this case is such, that I the prisoner by saying to is well for him and the that these two witnesses that he talks as it must have ended in his additional guilt of perjury and their being committed by the Court, as it is impossible from the representation, that the prisoner made to, that such account could be true: I should have been very glad to have heard any witnesses to his character, because it is not for me to say, what might have been the consequence of the strong recommendation of character: As to the prisoner uttering the note knowing it to be forged, you see it is an order to him personally according to his representation to Luffnan: The component parts of this charge, seem to be all very directly proved, and therefore, is a bill of exchange or an order for payment of money, (and one of them is certainly is,) there is every circumstance necessary, to constitute this charge sufficiently established before you in evidence; and so established, that if he had attempted to give that kind of evidence to you, that he talked off, it would only have ended in aggravating his crime.

GUILTY . ( Death .)

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

Reference Number: t17830430-46

293. ROBERT CULLUM was indicted for feloniously and burglariously breaking and entering the dwelling house of John Hatch , on the 6th of March last, about the hour of eight in the night, with intent the goods, chattles and monies, of the said John Hatch , in the said dwelling house, then and there being to steal, take and carry away .

JOHN HATCH sworn.

I am a silk weaver by trade, I live in Spicer-street, Brick-lane Spitalfield's , I have

been robbed for many months, of silk, the property of my master, I have worked for him fourteen years; we frequently complained of being robbed; we were afraid of being turned out of work; my master told me I must find out the person, accordingly we were upon the watch, and listened night and day, and could detect nobody; I suspected it must be by a person entering by a false key; still we kept watching, and losing, the full bobbins taken away, and empty ones put in the room; at last I fixed a weight over the shop door, it had been fixed three nights, and then the prisoner came and unlocked the shop door; then the stone fell down stairs; and I took the candle and run up stairs, this was on the 6th of March, about eight in the evening, before I could get up stairs he had got inside the work shop, and locked himself in; I immediately called for a poker to be brought up from the kitchen, which was on the ground floor; the street door was not locked or bolted; I called for some assistance, and in the mean time, he had drawn his key out of the shop door, and had run up into the garret; the garret stairs came down into the shop; then I went into the shop, and could find nobody; and behind the garret door I found the prisoner.

Court. He had taken nothing? - We followed him up so close that he had not an opportunity.

Did you know him before? - Yes, he had worked in the house before, for a year and a half.

Court to Prosecutor. How many keys have you to the shop door? - I had two, but he had none, there was a key found on him by the officer.

JOHN TANN sworn.

I searched the prisoner, and found this key upon him, it was not like the gentleman's key, but it locked and unlocked the door compleatly.

Court to Prosecutor. Is this house all your own, or is it let out in tenements? - I let the first floor out.

PRISONER's DEFENCE.

My Lord, I worked for the gentleman near upon two years, and he always gave me a very good character, and then I came home, and that night that I went up into the shop I was very much in liquor, I went to see a young man that was come from sea, and I thought the young man was at work, that did work there, when I worked in it; I opened the door, and found him not there, I run up into the garret thinking he was gone up to make his bed, which he did the last thing after he had done work.

Court. For what purpose did you go into the shop, with a key of your own.

Prisoner. My Lord, I did not know it would open the shop.

SAMUEL KENTISH sworn.

I was in the shop last of all, I went up stairs to the garret, and made my bed at Mr. Hatch's house, where I have worked five or six years; the next morning I found two empty bobbins under the bed, I locked the door being last up, and put the stone up; and then I came over after, to assist in taking the prisoner; we went up into the garret, and found him; I found these two empty bobbins under the bed, which had our master's name on them.

The prisoner called two witnesses who had known him, one for twenty and the other for thirty years, and each gave him a good character.

Court to Jury. Gentlemen the crime of burglary which is here charged upon the prisoner, consists, either in breaking into a house and actually stealing or breaking into a house with intention to steal; and whether the party has that intention or not is to be collected from the circumstances given before you in evidence, the entering by a false key is as much a breaking, as if he had broke the door all to pieces; this offence must be made out in all its circumstances, in order to constitute a crime at all, being burglary, with intent to steal; the question is, whether he broke into this room in the night time, and it will be a

burglary, or not, acording to the intention and view, with which he did it, if he did it with an intention to steal, then it is burglary; it is a case which certainly borders very much upon the point where the offence of burglary begins, and were it one step within, it would not be burglary: It is an offence of a serious nature to the master of this house, for perhaps these kind of burglaries are more serious than those that are more violent; and the extent of the mischief of those more violent ones, is very often much less considerable.

GUILTY . ( Death .)

The Prisoner humbly recommended to mercy by the Jury.

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

Reference Number: t17830430-47

294. RICHARD HULME was indicted for feloniously, and burglariously breaking and entering the dwelling house of Joseph Tatt , at the hour of two in the night, on the 26th day of April last, and feloniously stealing therein, one steel swivel seal, mounted with base metal, value 6 d. one base metal sleeve button, value one halfpenny, one steel penknife, value 1 d. ten counterfeit shillings, value 20 d. two counterfeit six-pences, value 2 d. one crown piece, value 5 s. one piece of silver coin of this realm, called six-pence, value 6 d. one piece of silver, being part of a sixpence, value 3 d. one hundred and thirty-four half-pence, and eight hundred and two farthings, the goods, chattles, and monies of the said Joseph Tatt .

JOSEPH TATT sworn.

I am a publican in Oxford-road , on Sunday morning last, I arose between six and seven, I was first up in the house, and when I came down, I found the bar door open, and the cupboard door open, where I keep some trifles, I then suspected the prisoner, because about four or five nights before, I found him about eleven concealed in the necessary, and when I called to know who was there, he made no answer, and pushed out; on Wednesday, I went to the office and saw the prisoner there, I could not swear to any thing, but the broken sixpence and the seal, he said, he found those things in a field by Kilburn Wells, I found the frame of the flap of the cellar, that goes upon the curb stone wrenched open, and the lock of the cellar door was broke, by that he got into the tap room, then he opened the bar door, with a strong iron skewer.

STEPHEN HORNE sworn.

I know the prisoner at the bar by sight, on Sunday night I met him in Grosvenor-Square, about twelve; being the patrol, I saw something white on his arm, I asked him where he was going, he said, to the White-horse cellar, Piccadilly, to go into the country the next morning, I told him it was too late, he wanted to make off; I took him by the jacket, and found a weight in his pocket; he went back with me to his washerwoman's, they knew nothing of him only washing for him three or four times, I sent for my partner, and we took the property he had on him; there was a bag of farthings, which I took in my custody.

JAMES ALLEN sworn.

I am Captain of that part of the patrol, one of the men came to me, and told me they had stopt a suspicious person, when I came they were begining to search him: I searched h im, and in his pockets I found this silver, and that half sixpence; that seal, the knife, the gimblet, and all these halfpence and farthings, they have been in my custody ever since, he said, they weresent his by friends out of the country, I found a letter in his pocket, which was dated the 21st of April, and that was but the 27th, and if they sent them, I thought they would have mentioned them in the letter, and it is impossible for two waggons to come up from Burton upon Trent, where he said, they came from in that time: he said, they were sent to him to make use of: he said, he worked at Mr. Wyatt's in Oxford-road, I called there the next day, and he had left it some time, I took him before Sir Sampson Wright, and he was committed for further

examination, he them informed Sir Sampson that he found them in a field near Kilburn Wells.

(The broken sixpence deposed to.)

Court to Allen. That was amongst the things found on the prisoner? - Yes.

Court to Prosecutor. What things did you lose out of the bar? - There was a bag the size of this, that had above a guinea and an half of good halfpence, and there were five papers of bad halfpence, tied up in five shilling papers. I believe there was 16 or 17 s. in farthings.

You do not recollect exactly the quantity of farthings that were in your bag? - We never tell them.

Do you know the bag? - This bag I will venture to say is the same.

Are you sure of it? - Canvas is a thing one cannot swear to, there is no mark on it, the size is exactly the same.

Was there any thing else you lost? - Nothing but bad silver; there was a five shilling piece found in his pocket, and I remember I had one in my cupboard; but I cannot swear to it: the seal I have some knowledge of, I was left trustee to a little girl, and this was amongst some little toys of hers, but I cannot swear to it; the little girl is dead.

PRISONER's DEFENCE.

I was walking in the fields on Sunday morning by Kilburn Wells early, and I found these things in the field in the foot road; I have no witnesses, I have not been long in town.

(The sixpence handed to the Jury).

Court to Jury. The time that the prosecutor found his house broke open, was between six and seven; now it is good day light, at half past four; therefore you see there were two hours or near it, from day break to the time, in which this fact must have been committed, therefore to be sure the evidence is not direct as to the time in which it was committed: if it was commited after day-light in the morning, it is not in point of law a burglary; therefore that circumstance certainly leaves some latitude to you in the consideration of that part of the charge.

GUILTY.

Of stealing to the value of 39 s. but not guilty of breaking and entering the dwelling-house .

Transportation for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-48

296. ELIZABETH READ , otherwise JACKSON, otherwise WATMORE , was indicted for feloniously stealing, on the 14th of February last, nine pair of silk stockings, value 4 l. 14 s. 6 d. one piece of muslin, containing twelve yards and three quarters, value 7 l. 10 s. and nine yards of muslin, value 2 l. 10 s. the goods and chattles of Mary Ann Forbes , privily in her shop .

MARY ANN FORBES sworn.

I live at No. 6. in New Bond-street , I keep a milliner's shop .

Court. Do you remember the prisoner ever coming to your shop? - I do, on Friday the 14th of February, she came into my shop, and enquired for a person in my house, by the name of Mrs. Macglougal, and asked for some silk stockings; she was in company with another woman, she bought one pair for nine shillings, and paid me; she then asked for lace, I shewed her some, the other sister said, sister you want lace, after she had asked for it; and the prisoner desired me to cut off a yard and a half, and it was paid for out of a guinea; before this time a third woman knocked at the door, nobody was in the shop belonging to it but me, the third woman asked for some Lenno Gauze , and muslin, she likewise bought one yard of muslin, and gave me another guinea to change, rather before the third woman was served, a fourth woman came in and enquired for Lenno, she said, as I was very busy she would go to the next door, and return in a quarter of an hour; to the best of my recollection, the two first women went away, rather after the last woman went away, then there came in a fifth woman, enquiring as before, and she gave a guinea to change; my maid was sent out three or four times to change guineas; the 4th woman bought something, during the time they were there, I went out of the shop to speak to a lady in her carriage.

Was the prisoner there then? - I think not, the lady wished to come out, I begged her not, as I had so many people, I did not wish her to mix with them, and would wait on her; then I went to dinner, after dinner I missed the two pieces of muslin, one twelve yards and three quarters, the other nine yards, and nine pair of silk stockings.

Court. Were the stockings you lost, the the same sort you sold the prisoner? - No, those I lost cost me ten shillings and sixpence a pair, they were womens stockings; they were never untied; I went to Bow-street, and my loss was advertised, the

prisoner was described and nobody appeared; I was desired if I saw the parties again to let them know; and on or about the 24th of March, a person whom I suspected to be one of the women came into my shop again, and enquired for muslin, I told her I could not possibly shew her such muslins as she wanted, for when I did the last time, I was considerably robbed, I told her the best thing she could do was to go out of my shop; at that time the prisoner knocked at my door, the prisoner then said, why did you leave me sister, I could not think where you was gone; I said, madam, as to you I know you perfectly well, you was the first person that came into my shop the day I was robbed; I mentioned the articles which she asked for, and the person; and I taxed her with the things, and told her I was clear it was her; she said she never was in the shop before, nor knew any such person; I told her my loss had been very great that day, that I did not suppose the parties who robbed me knew the value of what they took from me, I begged her if she was innocent to assist me in getting back some of my property, she then offered to go with me to the woman who was with her the time before; and asked me if my silk stockings had not Paris marked on each pair ofthem; which is a way that they have here; I told her they had.

Court. Had the stocking she bought the Paris mark on them? - No, she said it was a shoe-maker's wife in a court in the Strand, that was that day with her, and she offered to go with me; but denied that she was her sister: she said she had no sister in the world, but that in the shop, and she had not been more than a month in London herself; I again intreated her to go with me to this other woman, she then refused, but said she would leave me a direction, I told her that did not at all satisfy me, and begged she would stay and let me advise with a neighbour; I sent my shop-woman for a neighbeur; after my shop-woman was gone for the neighbour, she and the sister expressed great uneasiness to be gone; and said the person stayed very long; during the time my woman servant came up into the shop and staid, for I desired her to wait as I might want her presently; they both expressed so much uneasiness to be gone that I was afraid, I went out myself and fastened the door after me, I left the women with my servant maid, and while I was gone the prisoner jumped out of the window over the rails; my servant was there, the prisoner's sister remained in the shop, I returned, my shop-woman came back exceedingly flurried, and said the prisoner had jumped out of the window, but presently we heard she was taken and carried to Bow-street.

Court. Did you ever find any of your things again? - No, my Lord, I was told it was needless to search her lodgings so long after, but she refused to tell where she did live that day; I believe her lodgings we researched some time before.

Court. But you never found any of your stockings on her? - No.

You say she refused to tell where her lodgings were? - Yes, that was the time when she was taken to Bow-street before the magistrates.

Prisoner's Council. How many people were in the shop when you went to the coach? - Three.

The parcel of stockings where the prisoner bought a pair from, was not the one that you lost? - No, the parcel of stockings that I lost, the string had never been untied.

On the 24th of March, it was that you saw this woman? - Yes.

Are you sure that is the same woman? - Very clear, I think the first woman was one of the party.

Have you ever learned the other woman's name? - Yes, her name was Lawrence, she lived at No. 6, Grosvenor Mews.

When did you learn where the prisoner lodged? - On the 18th of February.

You did not see her the second time, till the 24th of March? - Yes.

So that three or four days after these

stockings were lost, you knew where she lodged? - Yes, the apartments of a Mr. Watmore was searched, but she was out.

Well, that Mrs. Watmore is the prisoner? - Yes, no property of mine was brought there.

ELIZABETH HOLMES sworn.

I live with Mrs. Forbes, the prisoner came into the shop on the 24th of March, when I was in the shop, and asked for some muslin, the same as a bit that hung in the window, and Miss Forbes knew her, and told her when she was in the shop before she missed a piece, with several other things, at first she denied ever being in the shop before, but Miss Forbes insisted on it, then she said, if she had ever been in the shop before it had been very much altered, for the counter was turned towards the wall, and the goods were upon a little round table.

Court to Miss Forbes. Had the shop been altered? - The counter was turned round after I had been robbed, and stood against a wall.

Miss Holmes. She offered to give Miss Forbes a direction to the person that came with her, Miss Forbes not approving of that, sent me to a neighbour, one Mr. Christie that she wished to advise with, in the mean time, as I was returning from the neighbours, I met the prisoner in another street, and asked her what hurry, she said, she had left her sister, and would be back in a few minutes; there was one woman left in the shop, I know nothing further but what Miss Forbes has told us.

MARY SMITH sworn.

I live servant with Mrs. Forbes, I saw the prisoner at the bar at our house, I came up stairs, and my mistress desired me to stop in the shop while she stepped out; and while she was gone, the prisoner got up and tried the door, finding that fast, she said, she would jump out of window, she would not stay any longer; she threw up the sash, I came round and I caught hold of her gown, and insisted on her staying; I caught hold of her gown and told her, she had better stay till my mistress came in, she said, she would be damn'd if she did; she jumped out of the window, and left the tail of her gown in my hand; she run as hard as ever she could round the corner.

Prisoner's Council to Mrs. Forbes. Had not you been out with stockings that day? - No, Sir, with lace I had, but I am very clear it, that I had not the stockings I lost, out with me.

CHARLES CHRISTIE sworn.

On or about the 24th of March, I was sent for by the prosecutrix, by the shop-woman, informing me, that her mistress suspected she had got the person in the shop that had robbed her; I immediately went, and was told before I got to the house, that the same person had jumped out of the window, and was gone, and describing what sort of a person she was, and how she was dressed, I went after her and caught her in the street, the prisoner is the woman, as I came up to her, she had given two butchers boys, one shilling a piece, that they might not mention any thing of seeing her jump out the window.

Did you see her give them the money? - Yes.

Court. Was you present when she was asked to tell where she lodged? - Yes, she refused to tell where she lodged.

Once or more than once did she refuse? - Several times.

Prisoner's Council. But did not you know that her lodgings had been searched? - I did not, she even refused to tell her name before Sir Sampson Wright, saying, that she was married to a light-horse man, but he had not lived with her for some years.

Court. Then she did not say, you know where my lodgings are, or you have searched them already, or any thing of that sort? - No, my Lord, nothing of that kind.

Did you take down the directions she gave? - I think she said Cecil-court.

Did you search that house? - No.

Prisoner. I leave my defence to my Council.

Court. Your Council cannot speak for you, therefore, if you have a mind to say

any thing for yourself, this is your time.

Prisoner. Call Susannah Lawrence .

SUSANNAH LAWRENCE sworn.

What do you know respecting Mrs. Read, about the stockings? - I know nothing at all about the stockings, she is a mantua-maker, and does plain-work for me, I live at No. 6, in Grosvenor-mews, which is almost opposite to this good woman; she charged me with the felony first; I went into the shop to ask her the price of a bit of muslin that hung in her window, and she told me I had stole a piece of muslin; she searched my lodgings and found nothing; I have known the prisoner these three or four years, I cannot positively tell to a small trifle of time; my husband is a chimney sweeper and nightman, he has lived there 9 years, and works for all Old Bond-street.

What is the character of the prisoner? - I never heard any thing against her in my life, but being a very honest, industrious, sober woman; she has done a great deal of needle work for me.

Court. You did go and buy some muslin, there on the 14th of March? - I never was up the gentlewoman's steps before the 31st of March.

How are you so particular in the day? Because it was the day before the first of April, that I went into her shop.

Prisoner. The same day I was taken up, I went into her shop, for that gentlewoman, the prosecutrix said, you are another of the confederates.

Court to Lawrence. Then you saw the prisoner in the shop? - She came after me into the shop, it was the last day of March.

Prisoner. The stockings were advertised twice, with the Paris mark on them, that was the reason of my asking the prosecutrix the question.

Mrs. Forbes. This is the woman, my Lord, that came into the shop for the muslin, and they call themselves sisters, this is one sister, that sister who said, sister you want lace, was she that came with her on the 24th of February; this came the time she was taken up.

Court. At that time the prisoner said, sister, why did you leave me? - Yes.

Court to Lawrence. Do you remember that.

Lawrence. She did not call me sister.

Mrs. Forbes. She told me that was her sister.

Court to Miss. Holmes. Did you hear her call sister? - I did my Lord.

Court to Mary Smith . Did you hear it? When this woman jumped out of the window, I said, I believe she is your sister, she said, she is my sister in law.

Christie. I heard her say so too.

Court. Take care that woman Lawrence, does not go out of Court.

Jury to Mrs. Forbes. Whether or no, after the time that the woman quitted the shop, and your coming into the shop again from dinner, whether any person had been in the shop? - No, no other person.

The Jury withdrew for some time, and returned with a verdict.

NOT GUILTY .

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

Reference Number: t17830430-49

MARY WILLIAMS , otherwise EADEY , was indicted for feloniously stealing on the 25th of March last, one black silk gown, value 12 s. one linen gown, value 8 s. one Marcello petticoat, value 8 s. one black silk petticoat, value 5 s. one pair of lace robbins, value 2 s. one linen shift, value 1 s. one pair of cotton stockings, value 1 s. two muslin handkerchiefs, value 3 s. and one cloth waistcoat, value 2 s. the goods and chattles of Benjamin Chiddey .

MARY CHIDDEY sworn.

On the 25th of March, I lost all I had in my box, which was at Sarah Wilson 's house, and she saw my box the 21st of February, I had not seen it for three weeks before, I was in the hospital laying in; when I returned I found an empty box; my box was locked, I missed the things mentioned in the indictment, and several other things, some of them are found again, they

are to be produced by the persons that brought them.

ELIZABETH HAYWOOD sworn.

Here is a black silk petticoat, and a linen gown, and a white Marcello petticoat I bought of the prisoner, I never saw her before; I think she is the woman; I bought them at different times, the petticoat I bought in March, they were all bought before the 25th of March.

SARAH WILSON sworn.

(Produces a shift taken off the prisoner's back, and two muslin handkerchiefs out of her pocket.) The prosecutor left her box at my house which was locked, I locked it the 21st of February, the things that are mentioned in the indictment were in the box, and several other things, (the things deposed to) the prisoner washed for me, and chaired and cleaned the house; this waistcoat I found that she gave to a man that sh e lived with.

(The waistcoat deposed to.)

PRISONER's DEFENCE.

A woman gave me the things to sell, and after I was taken, I told them so, at the very first, and I told them where they were sold.

Court. Who was the woman that gave them you to sell? - I do not know where she lives, her name is Eleanor Jones ; she came up to me, and sent for something to drink, and said she had some things to sell, and desired me to go and sell them; I have no witnesses.

Mrs. Wilson. My Lord, I challenged her as a thief, and she owned taking of them, and said the woman that she now mentioned, told her to wrench the lid of the box, and take a toasting fork and draw them out, I missed the things on the 25th of March, and put them in on the 21st of February, she washed for me on the 21st of March.

GUILTY , Transportation for seven years .

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

Reference Number: t17830430-50

298. ANN WEBB was indicted for feloniously stealing on the first day of April last, six linen aprons, value 6 s. one linen shift, value 1 s. two linen frocks, value 1 s. four linen clouts, value 4 d. and one pair of cotton stockings, value 1 s. the property of Charles Ride .

CHARLES RIDE sworn.

I am a fishing-rod maker by trade, I lodge at Mr. Payne's, in Bell Yard , on the first of April, I missed the things mentioned in the indictment out of the room where I work, which is the back room, I live in the front room, three pair of stairs; they were my wife's cloaths, she tied them up and brought them in for washing in a bundle; I went into the next room to light a bit of charcoal, and a lodger opposite met the prisoner in the passage with the bundle going down stairs; then they called to me, and I saw the woman on the landing-place, and the bundle was on the ground; I do not know the prisoner.

FRANCIS VICAR sworn.

I lodge in the opposite room, I saw the prisoner standing in the middle of the landing place, I said, who do you want here; and she offered to go down stairs, and I saw her have a bundle under her cloak, says I what have you got there, and directly she dropped it; so, I called to the prosecutor, and I pursued and took her.

(The things produced and deposed to.)

PRISONER's DEFENCE.

I hope you will have compassion upon me, I have five small children.

Court. Then you should have worked for them, not stole for them: what way of life are you in? - I was going down to the parish to Bath, my husband is dead, he was a marine; I know nothing of the things, they took me in the street.

GUILTY , To be privately whipped and confined to hard labour 6 months in the house of correction .

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

Reference Number: t17830430-51

298. SOLOMON LEGG was indicted for feloniously stealing, on the 12th of March last, two linen shifts, value 4 s. two linen caps, value 6 d. one pair of stuff shoes, value 2 s. one pair of plated buckles, value 2 s. one pair of worsted stockings, value 1 s. one linen handkerchief, value 6 d. the property of Ann Franklin .

The witnesses examined apart at the request of the prisoner.

ANN FRANKLIN sworn.

I live in Charles-street, Hatton-garden , I am servant at the King's-Head, on the 12th of March, I lost the things mentioned in the indictment from the garret, which was my bed room, my master stopped the prisoner.

THOMAS EADE sworn.

I keep the King's Head, in Charles-street, Hatton Garden, on the 12th of March, I met the prisoner coming down the one pair of stairs, I ran after him seeing things in his pocket, I put my back against the door, and asked him who he wanted to see, and I insisted on seeing what he had under his coat; he pulled a gown from under his coat which the maid owned; I sent for a constable who has the things which we took from him; we took shoes, buckles, stockings, and a cap or two, and one shift, and I believe an old handkerchief, from the prisoner; and the next morning the maid missed the other shift, and we searched him in the prison, and Fletcher pulled it out of his breeches, and he has it in his pocket now; this is the gown I took from him in the passage.

JOHN FLETCHER sworn.

I am turnkey to Clerkenwell Bridewell, this was of the prisoners that made his escape on the second of November, I put him in a place by himself, and I searched him, and found this shift in his breeches.

(The shift deposed to.)

- HURST sworn.

I searched the prisoner, and found a pair of shoes, and a pair of stockings upon him.

(The things deposed to.)

PRISONER's DEFENCE.

I was drinking at a publick house the night before, and the young woman came in and asked me to earn 2 s. and not having been in work, I was willing to accept of the opportunity; they desired me to go up three pair of stairs backwards, and I should find the door open, and the box opened; and I was to meet that same party that same night at nine o'clock.

Court. What have you been? - I am a shoe-maker by trade.

Have you worked in London? - Yes.

Court. For what purpose was it that you desired these witnesses to be examined apart?

Court. Gentlemen of the Jury, this is too plain a case to require any consideration.

GUILTY ,

Transportation for seven years .

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

Reference Number: t17830430-52

299. ELLIS WILLIAMS was indicted for feloniously stealing, on the 10th of April , one copper, called a washing copper, value 10 s. the property of Richard Schrimshall , Esq.

ABRAHAM BURTON sworn.

I am servant to Richard Schrimshall , Esq; No. 4, Suffolk-street, Middlesex Hospital , it was my master's empty house, on the 10th of April, my master lost a copper at night, it was missed the same evening between eight and nine; it was fixed in brick-work in the kitchen the same evening, I heard a noise, I was in the next house, and I went in I found the copper removed out of its place, not taken away; and the prisoner at the bar was in the Butler's pantry, I found nobody else in the house, I found the stable door at the back part of the house which opens into the Mews put too, but not fastened, and so I got into the house; all the rest of the doors were open.

Court. Did you know the prisoner before? - No.

Had he any connection with the house or family? - No. we took him to the watch-house.

Did you find any hammer or crows, or any thing of that sort? - Not any.

How was the copper loosened? - There was no brick-work moved, but the copper was on the floor in the kitchen.

PRISONER's DEFENCE.

I was at work in George-street, and I happened to get in liquor, and coming thro' the Mews, the stable door was open, and I went in and fell asleep; and when I waked, it was dark, and I could not find my way out; I went down stairs in this house, and that gentleman came and catched me.

Where was it you had got into liquor? - I was at the Spotted Dog, in Oxford Road, drinking.

What time did you leave the Spotted Dog? - I believe it might be very high seven o'clock, my master was here.

Court. Can you prove that you was at the Spotted Dog? - The people were here yesterday.

GUILTY ,

Transportation for seven years .

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

Reference Number: t17830430-53

300. JOHN RARDY was indicted for feloniously stealing, on the 24th of February last, two linen waistcoats, value 5 s. the property of John Dehaile .

JOHN DEHAILE sworn.

I am a cabinet-maker , I lost two waistcoats from my back room, on the first floor, at the house of Thomas Taylor , in Belton-street, St. Giles's , on the 24th of February, the prisoner had slept with me two or three nights before; he said he was a taylor.

Court. Is the pawnbroker here? - He is not, I have his note on the waistcoat, I found the duplicate in the prisoner's pocket, and one of my witnesses went to the pawnbroker's, and found the waistcoats there; the prisoner denied the whole.

THOMAS TAYLOR sworn.

On the 20th of February, the prisoner came to my house to ask for a lodging, in the name of Gilbert, I enquired his character, and found it a very good one, I took him in on the Sunday evening, he came in at Ten o'clock, I let him into the room, the prosecutor slept out that night, and the Saturday night, the prisoner went out on the Monday morning; I saw the sheets off the bed, and I entered the room with a ladder, and I saw the prosecutor's box broke open, and the cover split in two, then I informed the prosecutor, I went to the place where he had directed me for the prisoner, and I found a person that answered the name, and was very much like him, but was not him, we very soon after took the prisoner, and the key of my room was found in his pocket, and a duplicate was found, which led to the discovery of the waistcoats.

JOHN TAYLOR sworn.

I went for the waistcoats, the pawnbroker has got the duplicate, and has sent his note in writing.

(The note read.)

"These are the waistcoats pledged with me by William Rardy :"

Tyler the pawnbroker was very ill then, and he is unable to stir now; he has got the gout, he lives in Tooley-street.

PRISONER's DEFENCE.

I never saw the property till I see it now, and at the Justices before; the duplicate I had in my pocket, was a duplicate of two waistcoats, which I bought of a young man that is gone into the country, they were white waistcoats, and they went and brought these two striped waistcoats; I have no proof of it, because he is in the country, the landlord and I had a falling out, and he wanted three shillings for some misdemeanor in soiling the room, and insisted that I should go out at that hour of the night, on Sunday night; so I went away on Monday.

Court. But you know it was not necessary for you take the key with you? - I forgot the key, I have no friends, I have been here starving these two months.

GUILTY ,

To be confined to hard labour six months in the house of correction .

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

Reference Number: t17830430-54

301. CHARLES KEELING was indicted for feloniously stealing on the 16th of April last, one pair of pistols, mounted with silver, value 30 s. the property of William Warre .

WILLIAM WARRE sworn.

I live in Long-acre , I keep a shop, and sell swords and pistols , and those kind of things; I lost a pair of mounted pistols from my shop, on Wednesday the 16th of April, my wife missed them immediately, one of the neighbours saw a man put some in his pocket, and thought he had bought them; on the Friday morning, I went round to the pawnbrokers, and I found them at Mr. Pain's in Wardour-street, and he advised me to leave them with him, as he believed he should be able to take the prisoner; on the Wednesday following, he brought the prisoner to my house.

JOHN LIGHTFOOT sworn.

I am a servant to Mr. Pain, I took in these pistols the 16th of April, of the prisoner at the bar, between four and five in the afternoon; I had seen the prisoner four or five times before. I am sure it is him, when he came again we secured him; he came then to pledge a gown, and to take out a pair of boots.

(The pistols deposed to by the prosecutor, who knows them to be his property, by an agate flint in one of them.)

HENRY BAMBRIDGE sworn.

I took the prisoner, and he owned he had pawned the pistols.

PRISONER's DEFENCE.

I only wish to inform you how I came by these pistols, I was drinking at a house in Oxford-road, as I came out a man was selling them, I offered him a guinea, he objected to it, I had no more money than a guinea, a friend of mine came by, I asked him to lend me half a guinea, he lent me five shillings, and I offered the man five shillings more, and he readily excepted of it, I walked with my friend to Wardour-street, I told him to repay his money, I would pledge these pistols.

Court. What way of life have you been in? - I keep gentlemen and tradesmens books.

What is your friend's name, that lent you this money? - Jackson, it was in Oxford-road, opposite to Rathbone-place.

What time of the day was it? - About dinner time, about two o'clock.

Court. You have described yourself as a book-keeper, you therefore must be a person of great trust and confidence, you will give the Jury a good account of yourself.

CHARLES JACKSON sworn.

Court. What are you? - By profession an apothecary.

Where do you live? - I am just out of my time, I served my time to Mr. Webb, in Halfmoon-street, I have been out of my time about ten days.

Did you serve your time out? - Yes, Sir.

Where do you live now? - I am with my father at present unengaged, in Fleet-market, he is clerke to Mr. Price upon Snow-hill, I have known the prisoner four or five years.

You have heard the account he has given of himself? - Yes, about a fortnight ago coming up Oxford-road, I met the prisoner and another man, conversing about a pair of pistols, I knew the prisoner, and he knew me, he asked me how I did, and he asked me, to lend him half a guinea, I said, I had not a half a guinea, he said, it was to purchase a pair of pistols, I mentioned the impropriety of his buying pistols, and asked him what use he had for them, he said, to get something by them; I had not half a guinea, I let him have five shillings, and a guinea he had, he gave to the man; we went as far as Wardour-street, he apologized for the liberty of borrowing the money of me, and he said, I might want the money, and he would pledge the pistols for a guinea; he returned in about a minute, and gave me the five

shillings; I have not seen him from that time till yesterday.

How happened you to see him then? - Passing by the Sessions-yard yesterday, I read in the bill of indictments his name, and enquired about him, and found he was in confinement, I directly enquired for him.

Did you know him to be the same man, by seeing Charles Keeling in the list? - I can swear to him.

That I do not doubt, how came you to suspect that by the name, it was your friend? - I made bold to enquire, I did not five minutes before, know that he was in custody.

It was a very lucky thing that you happened to enquire for him? - I knew his father and mother, and had been there several times.

Where did they live? - They have lived in several places, they lived in St. James's place, then in Clarge's-street Piccadilly, and the last in Park-street.

How long ago? - That was seven or eight months, they live now in Mount-street.

You do seem to know them all very well, as you know them so well, of course they knew you very well? - Yes.

They know that you are the son of this man, that lives here in Fleet-market, clerke to Mr. Price? - There was their daughter, was apprentice to a milliner that lodged in my master's second floor, through that, I became acquainted with their father and mother.

You never heard any thing of the matter, till by accident you was going by last night? - No, my Lord.

Prisoner. I was ashamed to trouble any of my friends about this affair.

Court. It is the very thing in the world, to wipe off the stain of such a thing as this; is there any body here that knows you, any person of character here that happens to know you, because it would be very matrial for your character to be well established here? - No, Sir, I believe not.

Court. Is there any body near? - No, Sir.

Court to Warre. Did you go before the Justice with the prisoner? - Yes.

What account did he give of the pistols there, did he mention his friends name? - Not a word of that, that this young man has mentioned, he said, he gave twenty-five shillings for them.

Was he asked any questions, whether he had any body that could prove that? - I believe he was not, they know him pretty well there, and for that reason, did not say much to him.

Court to Warre. What are those pistols worth? - I cannot justly say.

What have you sold them for? - Two guineas.

Jury. They cost five guineas, they are worth four guineas now.

Court. It seems very extraordinary that he was not called on, one would have thought the prisoner would have said, there is a young man of undoubted credit, that saw me buy them, and lent me part of the money.

Prisoner. The reason of my not knowing where he lived he was out of his time, nor did I know till I asked him.

GUILTY .

Prisoner. My Lord, every doubt shall be satisfied, if you will only give me time.

Court to Prisoner. I am perfectly satisfied with the verdict, I do not believe that young man; but if you can give a very good account of your former character, that may be a reason why the Court should treat you with less severity, I am told you have been here before.

Prisoner. Innocently, my Lord, it was some property that was lost in my company a twelve month ago, a silver tankard that was taken out of the house where I was drinking.

Transported for seven years .

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

Reference Number: t17830430-55

302. JOHN KELLAN , otherwise JOHN HERBERT KEELING was indicted for feloniously stealing, on the

13th of March , one steel hilted sword, value 10 s. the property of George Bone Roupel , Esq.

MARGARET CARRUTHERS sworn.

I must introduce a little story; about the 13th of March last, a genteel dressed looking man knocked at my door, and enquired for lodgings, I had a bill for my first floor on my window, I live in Beaufort-buildings Strand , the maid let him in, and put him in the parlour next the street door, then she called me up, I was in the kitchen; he enquired for the first floor, I told the man, I never took any stranger in, that he could not have the lodgings for a week to come, as they were occupied, and therefore begged he would not go up, he said he could possibly wait for a week, he was but in the neighbourhood, and if I could permit him to go up, he would be obliged to me; with that, I went up with him, and I called the maid belonging to the family, that were in the first floor, being sensible that there was some plate on the side board, I ordered her to go up before, which she did; after we went up stairs, he viewed the sleeping room; on his return to the dining room, he made a story not proper for me to trouble your Lordship with, he seemed to agree for the apartment, and asked for a pen and ink, there was a silver ink-stand, and I took the top off, and delivered it to him to fill his pen, he then wanted paper, I put my hand in my pocket and gave him some; I begged the maid not to leave me, but stand with her back to the side board, as it was her master's property, he then hesitated a moment, and said, he should return in a half an hour or send his servant; I told him I had no accommodation for servants, and therefore it was needless for him to send or come; he said, he had two horses at livery, and his servant could sleep where the horses were; he came down in the parlour, this was at five o'clock the 13th of March; having a lady to drink tea and my nephew, I was just lighting the candle to make the tea, when a double knock came to the door, and the man returned, says he, madam, I have brought my friend, (who is that unhappy man,) to look at these apartments, to have his approbation; the young man turned into the parlour, where the other had been before, and looking at some message cards over the glass, said, he doubted the respctability of the gentleman that lived in the parlour; I said, there was no doubt of that from the message cards, because none but respectable people could be in that house; I forgot to tell your Lordship, that the other man when he came in, asked me what family I had, ( they were cards of Mr. Roupel, who came from Carolina,) I had imprudently told the other man that I had nobody in the house but myself, and a maid and boy at school; this man says, well madam, give us leave to go up to this floor, and I called the maid again, and ordered her to carry a candle up in the dining room before them, my nephew seeing my terror watched him coming past my back parlour, and looked through the door, and saw the prisoner slip back into the parlour, and he heard something gingle; he apprehended it was a watch chain, but did not know what he had taken; I was going up stairs with the other, and I missed him, I turned round and said, where is the other gentleman, he came and passed me, and my nephew burst out of the parlour, and said, he is a thief! we laid hold of him, the point of the sword came up under his coat, and I said, he has a sword, no, says my nephew, it is Roupel's sword; I am sure that, is the sword; the lady in the parlour ran out for assistance, upon which the door was set open, and the first man jumped over my nephews head, and this one followed my nephew, who pursued with the sword in his hand, and dropped it in the scuffle, he never was out of my nephew's hands.

Court. Is that the sword that he dropped in the scuffle? - This is the sword, it has hung in my parlour seven weeks; I am sure of the man, though his dress is changed, his hair and face are the same, but he had on then a scarlet coat.

PRISONER's DEFENCE.

I acknowledge the charge laid against me, it is the first time I ever was arraigned

at this bar, and I submit myself to the mercy of the Jury.

Court to Prisoner. What are you? - I have been brought up to the sea.

What was you? - In the India service, and I have been in the navy, I was midshipman in an Indiaman and in a man of was both, I was in the Worcester Indiaman, and was pressed into the King's service; I happened to fall into the company of this man, and being in want of money I took the sword; my character was never before impeached.

Jury. What was the King's ship? - The Blenhelm.

GUILTY .

Transported for seven years .

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

Reference Number: t17830430-56

303. THOMAS M'DANIEL was indicted for feloniously stealing, on the 31st of March last, one silver watch, value 10 s. the goods of Thomas George .

ANN GEORGE sworn.

I am wife to Thomas George , I live at No. 3, New Belton-street, St. Giles's ; I saw the prisoner come up to our room with a pot of beer, he lived at a publick house, and I missed my husband's watch, I asked the boy if it was paid for, my husband said to me, Nanny come and put your hand into my pocket, there is halfpence enough; I gave the prisoner sixpence, and missed the watch; I alarmed my husband, and he pursued the prisoner, and he was taken afterwards with the watch upon him.

JAMES MATHEWS sworn.

On the 31st of March, about a quarter after eight, the prosecutor told me he had lost his watch, and asked me to go round to the pawnbrokers, I went to several and did not find it, and as we were coming along, I said, let us call at the Black Dog, in St. Giles's, and I saw the prisoner with three girls of the town, and as he came along he pulled up the flap of his waistcoat, and was looking at the seal, I asked him how the watch went he had taken, he said, he had no watch, I pulled it out of his pocket; then he said, he only took it to look at.

(The watch produced and deposed to.)

PRISONER's DEFENCE.

I was going up stairs with a pot of beer, and coming down again I picked the watch up on the stairs, and I went to get change for sixpence, and that gentleman laid hold on me.

Court to Matthews. How far was it off where you saw the prisoner? - About one hundred yards.

GUILTY .

Transported for seven years .

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

Reference Number: t17830430-57

304. THOMAS WILSON , otherwise HENRY HART , was indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Walker , about the hour of eight in the night, on the 22d day of April last, and burglariously stealing therein, one wooden box, value 6 d. one white muslin jacket, value 2 s. one white muslin petticoat, value 2 s. one cotton gown, value 1 s. one dimity petticoat, value 1 s. one stuff petticoat, value 1 s. and two linen aprons, value 2 s. the property of the said Robert Walker .

ROBERT WALKER sworn.

I live in Brownlow-street, Drury Lane ; I am a taylor , I locked my shop door, and the passage door belonging to the house about eight o'clock, I was last in the shop, I went out at the street door, I left my wife and a little girl, and a chairwoman, down in the kitchen; I was sent for, and informed that my house was robbed, I went back and found a ladder taken out of the passage, which belonged to a neighbour of mine, and put against the wall in my own yard; the back room window was open, and the box taken out of the room, and dropped in my passage.

Court. Were the things all lost out of the box? - They were all in the box; here is the prisoner's hat which he lost in the scuffle.

RALPH GIBSON sworn.

I live next to the prosecutor, on the 22d of April I was writing by candle light in my own apartment, there is a passage which separates the two houses, and I heard a noise; I went out to the bottom of the step ladder, and I called out, here is some body here, nobody spoke; in about a minute's time the prisoner made his appearance, coming from Mr. Walker's wall, which is about twelve feet high, I heard somebody drop, and immediately he dropped down off from the wall; I seized him, and another man run past me, I laid hold of the prisoner, and he struck me, I fastened to him, and took him to the round house; then I went to Mr. Walker's yard, and found my ladder standing there, that is all I have to say, I saw the prosecutor's box was in his passage.

JANE SMITH sworn.

I was in the kitchen, I heard a noise which frightened me, I ran up stairs and opened the yard door, and saw a ladder standing against the wall, and this box laying by the ladder; I brought it into Mr. Walker's passage, it was open, I believe by the feel, the linen that is in it now was in it then, which are the things mentioned in the indictment; they are Mr. Walker's property.

PRISONER's DEFENCE.

All that I have to say, is, if you will ask whether any one of the gentlemen saw me in the house, or take any box, or whether they can say I was the person that jumped from the wall? - Yes, Sir, I am sure it was him.

Prisoner. My Lord, it was dark in the evening.

Court. It is not your interest to make it a dark evening, let me put you in mind of that.

Prisoner. I drive cattle from Mile-end turnpike to Smithfield, my mother lives in the country, I am nineteen years of age.

Court. And already so knowing as to find your way by a ladder into a man's yard.

Gentlemen of the Jury, it is stealing undoubtedly, if he took that box with intention of carrying it away, as from the nature of the circumstances, if he did take it, it most manifestly was with that intent; the lifting up a window under such circumstances does constitute in law a breaking; there is another thing to be attended to, which is, the indictment charges this to be done at eight at night; that will raise a doubt whether it was not at too early an hour, as the sun does not set till past seven, and it would hardly therefore he that degree of night even in London, to amount to this being in the night time; you will certainly give the turn of the scale in favour of life, when it is the very point to constitute the capital part of the case; there was another offence last night, but that was committed on the 6th of March, therefore night was certainly set in then.

GUILTY. Of stealing, but not guilty of breaking and entering the dwelling house .

Transported for seven years .

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

Reference Number: t17830430-58

305. ELIZABETH HICKS , and SARAH HICKS , were indicted for feloniously stealing, on the 1st of March last, one bed rug, value 12 d. one linen sheet, value 18 d. one woollen blanket, value 12 d. one feather bolster, value 18 d. the property of Thomas Chambers , the same goods and chattles, being in a lodging room in his dwelling house, let by contract by him to the said Elizabeth Hicks , to be used by her for a lodging, against the statute .

SUSANNAH CHAMBERS sworn.

I am wife to Thomas Chambers , I live in Milward-street, Spitalfields .

Do you know either of these women at the bar? - Yes, Elizabeth Hicks took a room of me, and said, she was a married woman, and asked me to let her sister come and sleep with her; I saw no man come, on the 1st of March they went out and did not return, about eight I went into the room, and saw that the things were taken away, I missed the things mentioned in the indictment.

JANE SMITH sworn.

I am a lodger to Mrs. Chambers, on the 1st of March, I was in bed about seven in the morning, and I heard two people come down stairs, one very hard and the other very light; the manner of their coming down gave a suspicion that all was not right; Mrs. Chambers asked who was there, one of them said, it is me going home with the work; I looked out of the window, and saw Elizabeth Hicks with a great bundle, and I afterwards took Sarah Hicks at the bottom of Rosemary-lane, with the blanket and coverlid in her apron.

(The things deposed to.)

PATRICK HALLEY sworn.

The prisoner Elizabeth Hicks , on the 1st of March last, came to my house and pawned a bolster for eight-pence.

(The bolster produced and deposed to.)

JOHN TANN sworn.

I am an officer, I took the prisoners, I was sent to one of the pawnbrokers for a sheet; I went with Sarah Hicks .

(The sheet deposed to.)

PRISONER ELIZABETH HICKS 'S DEFENCE.

I was very much distressed, I have had no work for a great while, then I had a fresh master, and I could not go on because I had no silk, and I thought I would put in those things till Saturday, and then redeem them again.

PRISONER SARAH HICKS 'S DEFENCE.

We were very much distressed, we had no victuals nor nothing; we wanted to make up the week's rent.

BOTH GUILTY .

To be privately whipped and confined one month in Newgate .

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

Reference Number: t17830430-59

306. BENJAMIN WILLIAMS was indicted for feloniously stealing, on the 30th day of May, in the 22d year of his Majesty's reign , one portmanteau hair trunk, value 5 s. one chintz gown trimmed with dark green silk, value 42 s. one Polanese and coat, value 3 l. one bell hoop, value 6 s. one sattin gown trimmed, value 3 l. 3 s. one silk petticoat, value 5 s. one muslin flounce, value 8 s. one black silk cloak, value 2 l. 12 s. 6 d. four tuckers, value 12 s. one pair of dimity pockets, value 3 s. one muslin frock laced, value 15 s. three linen frocks, value 4 s. three linen shirts, value 5 s, six muslin aprons, value 40 s. one lawn apron, value 4 s. four muslin handkerchiefs, value 34 s. four Kenting handkerchiefs, value 4 s. eight gauze handkerchiefs, value 9 s. two muslin handkerchiefs, value 4 s. one pair of Morocco shoes, value 7 s. one pair of plated shoe buckles, value 5 s. one sattin pocket book, worked and spangled, with silver instruments, value 3 l. eight yards of lace edging, value 20 s. four pair of laced ruffles, value 20 s. one gold ring, with an enamelled stone and two diamonds, value 2 l. 2 s. one stone handkerchief slider, value 24 s. two gauze caps, value 14 s. one bonnet box, value 1 s. one silk bonnet, value 12 s. one chip hat, trimmed, value 14 s. and one other hat, value 16 s. the goods and chattles of Charles Ball .

CHARLES BALL sworn.

I live at No. 9, Carey-street ; a little before six, on the 30th of May last, my wife was going to Northampton, and we called a porter , which was the prisoner, to the best of my recollection and belief, he was in the habit of a porter, with a white apron and round hat, he was called to carry the trunk to the Ram in Smithfield , when the porter as I then took him to be came into my house; I cannot positively

swear to the prisoner it is so long since, but I believe it to be him; he asked me eight pence to carry the trunk, which is what I always gave, I have a number of parcels in the course of the week, and that being the price, I concluded he had been there before; I told him to carry the trunk, and I would follow him, and Mrs. Ball and me got there in four or five minutes after, I enquired whether the porter had been there, and found he had not, nor any such person, he never came; the next day the gown was stopped at Mr. Nelson's a piece broker, I published hand bills, and applied to Bow-street, and advertised in the papers, but none of the other things were ever found to my knowledge; Mrs. Ball speaks more particularly to the trunk; about three weeks ago, I heard of the prisoner by a Jew, who bought the gown of him.

Court. How came it to your knowledge? - In consequence of those hand bills, and Mr. Nelson's knowing the Jew who bought it, he said, he had seen the prisoner, and was to take some things out of pawn, and if I would go and meet him that day, but I could not; but I saw the prisoner on Easter Tuesday, the 22d in the watch-house, in Fleet-market, he was taken up on suspicion of this robbery, I recollected him immediately, I believed him to be the same man.

Did you charge him with the fact? - No.

Was he told in your presence what he was taken up for? - He was examined upon it.

What answer did he make? - The first time he said, he got the gown of a servant maid that was gone to America, and the last time he said, the Jew did not give him the money for the gown, and he denied having been in our house.

MARTHA BALL sworn.

Do you recollect at this distance of time, what things you packed up in the trunk, that was to go to Northampton? - I cannot recollect the whole, these things I set down, from which the indictment was taken I recollect.

Mention a few of them? - They were packed up in a hair portmanteau trunk, there was a white sattin gown laid almost at the top, and a white cambrick Polanese and coat, trimmed with the same; a chintz pattern trimmed with dark green; this white sattin gown; I put them up, or saw them put in, my servant put some in, but I was in the room all the time; I remember calling the man; I stood at the door by myself; I did not observe him so much as to swear to him; I believe him to be the man; he is like the man, but I cannot positively swear to him.

Do you know any thing of the manner in which the gown was found? - I went down to Northampton, but I was informed of it by a letter.

ROBERT NELSON sworn.

I am a piece broker, I live at No. 39, Holywell-street; on Friday the 31st of May, Mrs. Ball's servant was in my shop about four o'clock, getting some silk pinked for another dress for her mistress, and she was very anxious to get it done, and gave the reasons that her mistress had been robbed; and particularly she described this gown to me, and she was not gone above an hour by a memorandum, which I made in the book afterwards, before the gown came in between five and six by a Jew; I told the Jew the suspicion I had, and I got him to consent to leave it with me till Monday, on agreeing for the price that I was to give him, upon consideration that it was not Mrs. Ball's gown; I went immediately to Mr. Ball's, and the servant came and claimed the gown; on the Monday the Jew came again, Mr. Ball was in my shop when he came in, he brought another Jew, whom he said he bought it of; then Mr. Ball went immediately and got a constable, and we went to the pawnbroker's where this gown was pawned, and where the second Jew said he had bought it; we could hear of no other articles but that.

Did the pawnbroker acknowledge having sold it to the Jew? - It was redeemed by the Jew, but the pawnbroker can explain that best.

Mr. Ball. I have had it ever since the beginning of last June, it was the same I had of Mr. Nelson.

Court to Nelson. Was that the same you got from the Jew? - The same.

SAMUEL GREGG sworn.

I am a pawnbroker, No. 180, Oxford-street, my wife took in this gown, on the 30th of May, about half past eight or nine, in the name of Mary Brown ; I know by my books, the prisoner and this Jew redeemed it of me the next morning.

Did you know the prisoner before? - I did not, but he owned it himself the other day at Bow-street, that he sold it to the Jew.

How long were they with you? - Not above three minutes.

Did you take notice of the prisoner so much, to know him again at this distance of time? - I am almost sure, to the best of my knowledge, that it is the person.

Recollect whether you are quite sure of his person? - I am almost positive that is the man.

What did you hear him say at the office? He owned at the office, that he redeemed that gown of me, and sold it to the Jew.

Is the Jew here? - Yes.

SIMON EMANUEL sworn.

Do you know Glegg the pawnbroker? - Yes.

Do you remember at the end of last May, going to his shop and redeeming a sattin gown? - I remember about ten months ago, the prisoner at the bar was brought to me by my partner about one o'clock, I cannot recollect the day, it was the same day when I went with him to the pawnbroker's, and I took out a gown which was pawned for twelve shillings, and he wanted to sell it.

How much did you pay? - I paid twelve shillings, and he paid the interest, he said, if I would not buy it, he would put it in again, I agreed for twenty-six shillings for the whole.

Whose gown did he say it was? - He said it was his wife's, he was distressed for some money.

What did you do with the gown? - I sold it to another Jew for twenty-eight shillings.

What is that other Jew's name? - I do not know his name.

Did you sell it the same day? - Yes, about two hours after; a day or two after I went to the shopkeeper's with him.

Did you look at the gown again, when it was at Mr. Nelson's? - Yes.

Was it the same? - Yes, that was the gown I bought of the prisoner.

Are you sure of that? - Yes.

Did you examine it so as to swear to it? - Yes.

What is become of the other Jew? - I do not know, I believe he is not in town.

Are you sure the prisoner is the person you went to the pawnbroker's with? - That I am sure of.

JACOB NORDEN sworn.

Was it you that brought the prisoner to the last witness? - Yes, he told me he had a gown in pawn, and asked me if I would take it out, I told him, I had not so much money at present, if he would call at the public house, I and my partner would meet him about one o'clock; my partner and the prisoner went to the pawnbroker's, I s tood at the door.

Are you sure the prisoner is the same man? - Yes.

Did you see the gown at all? - Yes.

Did you examine it so as to know it again? - Yes.

Did you see it at Nelson's? - No.

MARY JONES sworn.

I saw the trunk delivered to the porter to carry to the Ram, at Smithfield, I was at Mr. Ball's house, employed to help to get up the linen, I would not positively swear to him, because of the length of time, but as far as I can recollect, the prisoner is the person.

Court to Nelson. When the jew that sold you the gown, came the second time

with the other Jew, did they look at the gown then, did you shew it them? - Yes, to the best of my memory they examined it, they were both together.

(The gown produced and deposed to by Emanuel and Norden, and Mr. Glegg, and Mr. and Mrs. Ball.)

PRISONER's DEFENCE.

I got that gown thus, I had it of a young woman, a servant out of place that was going abroad, she owed me a few shillings, she had no other recompence to make me, but that duplicate in the name of Mary Brown , the Jew only gave me two shillings more than it was pledged for, my friends are not in town, I have no witnesses.

GUILTY .

To be confined to hard labour six months in the house of correction , and to be twice publickly whipped during that time.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-60

207. WILLIAM JACKSON and THOMAS RANDALL were indicted, for that they, on the 3d day of March last, in the King's highway, upon Andrew Gillespie , in the peace of God and our Lord the King, then and there being, unlawfully, maliciously, and feloniously did, make an assault, and him the said Andrew, unlawfully, and feloniously did menace then and there, menacing to blow his brains out; with intent his monies feloniously to steal, take, and carry away, against the form of the statute .

ANDREW GILLESPIE sworn.

On the morning of the 4th of March, I cannot be exact to a few minutes, but it was about one o'clock.

Court. It is necessary to state, that the attack was made, and the demand of money likewise was made; this indictment only states that the assault was made, and that no demand of money was made, it struck me that this indictment was defective, therefore, I desired to see the indictment and act of parliament; it appears to me that the indictment is bad upon the face of it, for this reason? This is made felony, by the act of parliament of the 7th George II . which was only a misdemeanour before; in order to bring the fact within this act of parliament, the description of the act of parliament, must be fully expressed in the indictment, and accordingly pursued, if not in the very terms of the act, which is always the best and safest way, yet in terms expressing the same purport and effect: If any persons after the 1st of May, shall (then comes the description of the offence,) with any offensive weapon or instrument unlawfully, and maliciously assault, or shall by menaces, or in or by a forcible manner, demand any money, goods, &c. with felonious intent, &c.

"The offence is in

"the disjunctive certainly; the construction

"is this, if any person shall assault, &c.

"and then comes the word, or with felonious

"intent to rob, or commit robbiese

"or shall by menaces, or in and by a for cibl'

"and violent manner, demand any monies.' It seems to me, to be indispensably necessary in an indictment on this act, to lay the whole fact, and either to charge, that the assault was made with an offensive weapon, or that money was demanded, one or the other; but not both. The word or seems to be necessary to this act of parliament: The indictment has not laid it with an offensive weapon, therefore it is clearly necessary that by menaces, he did demand money or &c. the indictment states, that he made an assault, without stating it to be with an offensive weapon, and that he did menace with intent to rob; I am of opinion that this indictment cannot be supported, but as it is an offence of some consequence to the public, and both the Judges are up stairs, I will send a short note up to them, to know if their opinion concur with mine: The shortest way will be to send up the indictment, and act of parliament, in the mean time we will go on with the cause, and the prisoner will have the benefit of it, if the Court are of the same opinion that I am.

ANDREW GILLESPIE sworn.

On the 4th of March, about one in the morning, at the end of Craig's-court , three men very suddenly laid hold of me, by the neck and breast, and said, in a low tone of voice,

"not a word or we will

"blow your brains out;" I think more then one of them said it; and the words were repeated: Being so suddenly attacked, I said nothing, but as I recollect very well, that I saw one of them, put his hand to the inside of his coat, as I apprehended to pull out a pistol, or some weapon to present to me. As he fumbled a little, and did not produce a pistol immediately, I seized that moment, and laid hold of two of them, one with either hand and called out, Watch! It occurred to me that they could not instantly destroy me, and that was really the reason, I took that opportunity of making my resistance; when they found themselves held fast, they all joined in attempting to escape, and did not attempt any further violence; the prisoner Jackson was the man, who was longest in my hands, and last of all in my hands, and he set off to run: I pursued him a few steps to the edge of the paving, and as he stept across the kennel, I got a blow at him with this stick, and knocked his hat off, which he left behind: It occurred to me at the moment, if I should pursue this man, and he out run me, I should lose all three, I therefore immediately turned about, knowing that the other could not escape me: By this time a watchman up, I charged him with one of the men, and I took the other: This one who is since admitted an evidence, is the one that the watchman took hold of; I took hold of Randall, he struggled to get from me, finding he could not, he got with his back to the door, where there was a bow window, and he made a motion to let something drop very quietly, he stooped a little to one side, I observed him at the time, and said to him, in terms of very high resentment, being very much provoked, you damned eternal rascal or villain, what is that you are dropping, you are dropping your arms I suppose; upon which, I stooped down and took up this iron bar.

Court. Was any other weapon found on either of them? - No, my Lord.

Prisoner's Council. Was any thing else suspicious found on them, when they were searched? - No.

When was Jackson taken? - About eight days after.

With respect to Randall, was he ever out of your sight? - I cannot say my face was to him all the time, because I pursued Jackson a few steps, but he was not out of view, he never was from the place till I took him.

Did Randall and the other when you pursued Jackson, stand still? - They did, they waited to see which of us could run fastest.

Are you equally sure with respect to Jackson, that he was one of the men, understand me right, I mean that you should speak from your own sight and recollection? - He is the man that I had the greatest struggle with, and the best view of, he was under a lamp, and the impression of his countenance was more on my mind, than either of the other two, if I had not apprehended them on the spot.

Court. Are you sure he is the same man? - I think I may say, he is with a great deal of clearness; when Justice Hyde sent for me, and told me he was apprehended, I began to write his description; I then desired to be shewn him with others, and I immediately picked him out.

Then you have no doubt that he is the man? - I have not a doubt.

Mr. Fielding. My Lord, I submit the evidence does not go a jot further than the indictment.

Court. It does not; and if the indictment had been right, there might have been a doubt, whether this evidence would have supported it; but I am not so clear upon that point as the other; I should leave it to the Jury, whether they would infer a demand from this.

Mr. Fielding. My Lord, there was no

offensive weapon shewn to the party: - This iron bar was concealed.

EDWARD CHAPPELL sworn.

I was walking with William Jackson and one Mr. Monday in Lisle-street Leicester-fields that afternoon; after we had left work, we went to a public house almost opposite, and he told me, if I would go along with him that night, he would be a means of putting money into my pocket; I had more liquor than common; and I was persuaded to go with him; we went to Vine-street and called for Randall; then we went to the Half Moon in Church-court, Strand, there we staid till half past twelve, then to Randall's lodgings in Chandois-street, they went up stairs and waited; when they came down stairs, Jackson gave me a kind of a thing like a hammer, and bid me put it into my pocket; we then went and stopt at a house, while Jackson got into the area, and was endeavouring to open the door of the area.

Court. Confine yourself to this affair? - Coming from there we met the prosecutor; Jackson was the man that stopped him first, and mentioned the words twice over;

"not a word, or I will blow your brains

"out!" and Randall assisted afterwards; the gentleman called out, and took hold of Randall and Jackson, Jackson took hold of him and run off, some watchmen held Randall, the gentleman struck at Jackson, and knocked off his hat.

Court. How came you and Randall to stand still? - The gentleman did not go far only just turned about.

RALPH ROWLAND sworn.

I am a watchman, as I was calling the hour, the 4th of March, in the morning about half past twelve, coming to the corner of Craigs-court, this gentleman called watch, he said, these men are three villains, they have attempted to rob me, and threatened to blow my brains out, and I insist upon your charging them; I seized the last witness, and took him to the watch-house; I heard a crow drop amongst them, but who dropped it I cannot say.

PRISONER JACKSON's DEFENCE.

When the prosecutor was before Justice Hyde, he clapped his hand first on a person, and took him to the bar, he said, he was the person; he looked to his legs, and seeing no irons on, he took him back, then he fixed on me; I was in bed at the time, besides my Lord, is it possible that in such a moment's space of time, a person can swear when a man ran away, and a dark gloomy night; I was apprehended the day after.

Prosecutor. That is totally false, I did not pitch upon another person.

PRISONER RANDALL'S DEFENCE.

I had been spending my evening at a place, coming from there, a watchman took me.

The Prisoner Jackson called eleven witnesses who gave him a very good character.

WILLIAM JACKSON , GUILTY .

Sentence respited till next sessions .

The Prisoner humbly recommended to mercy by the Jury.

THOMAS RANDALL , GUILTY .

Sentence respited till next sessions .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-61

308. JOHN LARGENT was indicted for that he on the 17th of April last, in a certain field near the King's highway, upon one Elizabeth Landers , in the peace of God and our Lord the King, men, and there being, unlawfully, maliciously, and feloniously did make an assault, and her the said Elizabeth unlawfully, and feloniously did threaten to murder, with intent her monies feloniously to steal, take, and carry away against the form of the statute .

ELIZABETH LANDERS sworn.

As I was coming along about half past 8 at night, by the New River at Islington ; I was going home to the City-gardens; I went the back way, and saw a man coming along with an hamper; I thought him an honest man; the prisoner was before me, I passed the man with the hamper, and lost sight of the prisoner, I missed him immediately after passing the man with the hamper; there were some hay stacks and a post; he concealed himself by the hay stacks, when I came up I passed him, and I walked quick; he run after me, he caught fast hold of me with both hands, and said he would murder me in an instant, if I made any noise; I told him, I would not be robbed, and flung him from me; I ran, and called murder! I met two men, and they asked me what was the matter, I saw him very distinct, I have no doubt of his person; the men pursued and took him, they brought him to me to the end of the garden.

He got out of your sight when he ran? - Yes.

How long might he be out of your sight?

- Ten minutes, I was close by home, it was opening the garden door.

Then it could not be ten minutes? - The man spoke to me, and ran across, and asked me what had happened, and I told him.

How long was he out of your sight from the time he ran away, till he was taken? -

About 10 minutes, it was moon light.

How long might he be with you? - A very short time, I cannot say.

Are you sure he was the man? - Oh yes! his eyes fixed upon me so close, and by the moon, I saw him so fair, that I know him well, it shocks me when I look at him.

Do you recollect how he was dressed? - No, I think he had brown on, but it was his face I noticed.

Court. Have you any doubt whether it is the same man that was brought back again? - It is the same man I am sure.

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

Reference Number: t17830430-61

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.

Reference Number: t17830430-61

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 30th of APRIL, 1783, and the following Days;

Being the FOURTH 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 IV. PART VII.

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.

Continuation of the Trial of John Largent .

THOMAS THIRKILL sworn.

I am but lately come from sea, I went to see an old master in Britannia-row, and coming back, he said, we will go over the fields, and we heard the cry of murder! says I, I will go and see who that is, says he, it is a trap laid for somebody; I saw a man running across the fields; we laid hold of him, says he, gentlemen what do you want with me, I did not see the woman; says I, then you know something about it; we took him into the fields, he desired we would not use him ill, and we took him down to the prosecutrix, who we were informed was gone down to the City-gardens; she was in one of the gardens next to her own house; she knew him directly; we took him to the City-arms; he desired us to let him go, he said, it was the first time; he said, his master was a japanner and gilder, in St. John's-street; the patrol handcuffed him, and took him to New-prison.

JOHN DEMPSEY sworn.

I was coming from London, about half past eight at night, with the last witness, we had just got into the field, and I heard the the prosecutrix cry murder! in a little time after, I perceived this man run from where I heard the woman screaming, I and this young man stopped him, at the end of Colebrook-row; I was the first that came up with him; he said, what do you want with me, I said, why do you run away; he said, he had done no harm; we took him to the place, where we thought, we heard the woman screaming.

Court. Recollect as near as you can, all you heard him say? - He said, what do you want with me; I said, you dog, what do you run away for, says I, you must have done something, or you would not have run away; while I was speaking this young man came up, and the prisoner said, gentlemen do not use me ill.

Court. Did he mention any thing about a woman? - He said, he had done no harm to nobody, I thought it was a woman that screamed, but he said, he had done no harm to any body; we took him to the gentlewoman, and she shook her head, and could scare speak for affright; she said directly, that was the person, I was not with him as he went up.

ELLIS ROBERTS sworn.

I was at that time employed by Sir Sampson Wright, I used to have five men from the office to go along with me; we

had been about Islington, about eight o'clock, and I heard that a woman had been just stopped in the field; I went to the City-arms, and took charge of the prisoner, I found nothing in his pocket but a knife, and a few half-pence, I asked him if he knew of any others that were concerned, he said, he came out that night with intention to rob for a little money for the holidays.

Court. Did you make use of any promises, or threats to make him confess? - No, he said, it was the first time, he acknowledged it directly; going to gaol, he told me of another young fellow, that had been concerned with him in committing another robbery.

PRISONER's DEFENCE.

My Lord, I was taking a walk that evening about Islington, and I took the prosecutrix for a woman of the town, I went to put my hands round her neck, and she run away, I did not intend to rob her.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-62

309. ALEXANDER DUNN was indicted for feloniously stealing on the 25th of April last, one black-silk cloak, trimmed with lace, value 30 s. the goods of Ralph Steele .

RICHARD TINKLER sworn.

I am shop-man to Mr. Ralph Steele , I gave this cloak, and its fellow to Mrs. Elizabeth Carpenter , our cloak-maker, it was either the 21st or 22d of last April, to make up for the shop; I received them from her the next morning; one of them was sold to a person that lives in Prince's-street; we never saw the o ther cloak, we supposed it to be stolen; and there was a duplicate found upon the prisoner of the cloak.

Did you put it into the drawer? - It was put in when it was brought home, the last I saw of it, it was pinned on a pettycoat, at the shop door, that was last Thursday week; last Wednesday I missed it; a duplicate was brought to our house, by a person employed by Sir Sampson Wright, and I went to the pawnbroker, Mr. Parker, in Prince's-street, where we found the cloak, which Mr. Parker has; the prisoner was taken up last Tuesday night; I remember the face of the prisoner, but I do not know where I have seen him.

MOSES MORANT sworn.

Last Tuesday night, I was out with two or three more, and coming by the King's-head, Bear-street, Leicester-fields, there is a house which is reckoned a disorderly one, by the office; and I heard a voice say, I wish the traps would come, and take you all away; I knocked at the door, and a man opened it, and I found this duplicate on the prisoner, there were two more men besides him, and four or five girls, and one was locked in the closet; the next day, I went to Mr. Parker's to see the cloak.

(The duplicate handed up.)

Court. How did you know by this duplicate where to go? - The prisoner told me, he said, his girl gave him the cloak, I asked him where she lived, he said, she was dead, I went round to the shops, and left a bill, and found out Mr. Steel's.

THOMAS PARKER sworn.

This cloak I received of the prisoner at the bar, I think I have seen him before.

Had he ever pawned any thing with you before? - I do not recollect he had.

What account did he give you of the cloak? - He said, he had just purchased it for his wife.

What account did he give of himself? - He said, he should take it out again; he said, his name was Davis, and he lived in Macclesfield-street; he said, he gave two guineas for it, I believe it is new.

Did not you wonder he should pawn it as soon as he had purchased it? - No, my Lord, he said, he had just purchased it, and he did not know he should want the money,

and he gave two guineas for it, and he should have it out again in a few days; I am perfectly sure he is the man that pawned it, I took it in.

Court to Tinkler. Is there any mark upon it? - Not that I know of.

(The cloak deposed to by the maker.)

Mrs. CARPENTER sworn.

I am positive of it, that this the cloak, that I carried to Mr. Steele, I know it by my own making.

PRISONER's DEFENCE.

A woman came to me in February last, that I knew for ten years, she was big with child, she said, she was going lay-in, in the hospital, and she had brought a cloak, and she begged to leave it with me, I told her it would be very safe; I saw her no more, I was taken sick the next day, and on Monday, I got a little better, and I got out of my bed, and I heard she was dead; I went to see whether it was so or not, and she was dead; and I kept it till last week, and I went to pawn it at that gentleman's house, I wanted a guinea and half, he offered me 24 s. at last I took it, I thought I could get no more for it; as to his asking me any questions where I lived, he did not; there was a woman her name is Nancy Fielder , that saw her give me the cloak; all my friends were here yesterday; I am a Taylor.

ANN FIELDER sworn.

Court. Be cautious what you say, you know the consequence of speaking any thing but truth; who was this young woman? - One Elizabeth Plumbtree .

When did she give him the cloak? - She had had it some time.

Do you know any thing of this young man? - No, only he was keeping company with this young woman.

Was there any thing particular by which you should know the cloak again if you saw it from any other cloak? - I cannot swear to the cloak.

GUILTY .

To be publicly whipped , and confined to hard labour six months in the house of correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Court to Morant. You have informed the magistrates of the situation of this house? - I did, and they blamed me for not bringing the women.

Court. I hope it will be remembered when licensing time comes.

Reference Number: t17830430-63

310. WILLIAM DAVIS was indicted for feloniously stealing on the 21st of March last, one iron chain, value 15 s. and one brass sheave, value 2 l. 15 s. the goods of William Langrish .

WILLIAM LANGRISH sworn.

I am a wharfinger , at Stone-wharf, Limehouse-hall ; I lost an iron chain, and a brass sheave, we missed it on the morning of the 21st of March; I never saw the prisoner till I saw him before the justice, I was informed, that the prisoner, and a chain and sheave were stopped, I went to the watch-house, and knew them to be my property.

GEORGE WYNNE sworn.

On the 21st of March, I was coming from Burnley, between ten and eleven, I saw two men going as I thought pretty heavy loaded, I asked the watchman, if he had examined them, he said no, and I went with him, and we found something with in their bags, it felt like a sheave and a chain, and I desired him to take them to the watch-house; the sheave, that man had on his back, and this chain Saliman had on his back.

Are you sure the prisoner was one of the men? - Yes.

(The chain and sheave deposed to by the prosecutor.)

Prisoner. Whether he knows any thing of Saliman? - I never saw him in my life to my knowledge, I was angry enough the next morning to think he was got away.

THOMAS MANSFIELD sworn.

I know they are my master's property.

JOHN JONNS sworn.

I am a watchman, on the 21st of March, about half after ten, I was standing by my

box and I heard somebody crying out watch three times, I went down below the church, there is a dead wall, I stopped there, and I heard somebody coming along, I waited till they came to me, I asked them what they had got, they said a chain belonging to Mr. Johnson of Whitechapel, they said, they stopped at Poplar drinking a pot or two of beer; I thought any working man might do so, I asked them if they were sure they were right, they said they were, I let them go, and just coming over Limehouse-bridge by the watch-box, Mr. Wynn and some more gentlemen were coming over, and Mr. Wynn said, these men were heavy loaded, then I stopped them, I am sure the prisoner was one.

Which was it that said, we have been to drink a pot of beer? - I believe it was the other man, I think he gave me all the answers.

JOHN ABRELL sworn.

On the 21st of March, between eleven and twelve, this man and Soliman was brought to my charge, and I took them in custody.

Prisoner to Prosecutor. Do not you know Soliman? - Yes.

Did not he work for you? - Yes.

You never saw me before? - No.

PRISONER's DEFENCE.

I had been at work at Black-wall, and I overtook Soliman coming with these things in a bag, he asked me if I was going to London, I said, I was, he asked me to help him, he took the sheave out of the bag, and carried it himself, and I carried the chain.

Court. How came Soliman to escape.

Abroll. Our watch-house is very small, and has no conveniency, and the prisoner desired to go and ease himself, I sent the watchman with him, and he returned; Soliman also asked the same favour, I thought it natural, as this man returned the other would, but he run away from the watchman.

The Prisoner called four witnesses who gave him a very good character.

NOT GUILTY .

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

Reference Number: t17830430-64

ROBERT FORRESTER and RICHARD M'DALE were indicted for feloniously stealing on the 20th of April last, six pieces of gold coin of this realm, called guineas, value 6 l. 6 s. the property of Simon Hughes , in the dwelling house of Letitia Coleman , widow .

SIMON HUGHES sworn.

I lay with these two prisoners the night I was robbed of my money, it was at the house of Letitia Coleman , in Jones's-court, No. 3 , I was brought there by a man I met with in the street, he said, he would recommend me to a lodging, the two prisoners was in bed when I came in the room, they asked me to drink, but I would not drink with them, there was a man in the room asked me to buy some waistcoats, the man that brought me, told me to go to bed along with the prisoners, he said, he could get a bed better than I, and so this man that had the waistcoats and the other that brought me up, went down stairs, and the two young men the prisoners who were in bed, would insist on my laying in the middle, I stripped myself, and laid my cloaths on the table, and my breeches I put under my head, one of the prisoners told me to lock the door, I turned in between them two; when I was in bed he asked me what ship I belonged to, and if I had locked the door, and he bade me put out the candle, which I did; I fell asleep after that, and when I awaked one of the prisoners was gone, about three in the morning, the other was then dressing himself, when he found me waking he said, where is your mate? says I, I have no mate, says he, he is gone, had you any money, if you had you are done; so I jumped out of bed and locked the door, and examined my cloaths, and found the money gone, in the mean while he unlocked

the door and ran down stairs; I hallood, and made a noise in the room, which alarmed the landlady and her daughter, they came up stairs, and brought a light, and I dressed myself, and the two women went down to the houses where they thought to find the prisoners, but they could not find them then.

Court. How much was your money? - Six guineas, I am positive to the two men.

LETITIA COLEMAN sworn.

I never saw the prosecutor, till I heard him calling out and saying he was robbed, I did not see him go to bed, I was very much frightened by his calling.

Court. You remember these two men sleeping in your house that night? - They were that afternoon, but I do not know whether they were in bed, one of them was in bed all day long, when I was called up the men was gone.

What time was it? - About three in the morning, on the 29th of April.

Prisoner. When he came in we were both fast asleep, he said, he had been robbed before by a woman in the street.

Prosecutor. That is false, I had the money when I went in there, it was so late in the morning I did not chuse to knock at my door, and I meant to pay for my lodging, I was at a publick house with friends that I staid all the evening with, I did not ask them to let me lodge there.

Prisoner. The prosecutor sent to us several times, to let us know, if we would give him four guineas he would make it up.

Prosecutor. No, my Lord, one of his friends proposed giving me four guineas, to get into a coach this afternoon, and go to Chelsea.

Court. How do you know he was his friend? - I do not know any otherwise, than he spoke in favour of him.

Court to Prosecutor. Now you are sure you did not say, that you were robbed in the street, or call out in the street, that you was robbed by some woman? - I did not, my Lord, upon my oath I had the money when I went in there.

THOMAS PATERSON sworn.

All I know is, the prisoner M'Dale said, he would give the man two guineas, and make an end of it, he said, he had two guineas in the hands of Ann Hayes , and the fellow might take that if he would: I took M'Dale when he was asleep along with a soldier.

Court. Did you mention that to Hughes? - Yes.

Would he take it? - No, says he, I shall not take any.

Are you sure the prisoner offered the two guineas? - Yes.

PRISONER FORRESTER'S DEFENCE.

I never saw this gentleman before, I saw him the day I was taken up, nor I do not know any thing of the matter; in the morning I arose to look for work, and this young man went out on the same occasion, and I asked him, where was the lad that lay in the bed, and we never spoke about any money whatever, I am a stranger in London.

PRISONER M'DALE'S DEFENCE.

This man told us he had no money in the world.

DANIEL M'DANIEL sworn.

Do you know Simon Hughes ? - I do not know him.

Now tell me what you do know? - All I know is, that I saw Richard M'Dale receive three guineas and a half at Chelsea, that was last Wednesday was a week, to the best of my recollection.

What did he receive it for? - I suppose Sir, it was his pension money, he was an out pensioner.

When was it? - last Wednesday was a week.

VERDY GOLLIFER sworn.

I saw this gentleman passing by on Monday night, he was oursing a woman for robbing him of his money, it was by the Hampshire Hog, in St. Giles's; I never saw the gentleman before, it was between eleven and twelve.

Court. How came you to take such particular notice of a man that you never saw

before? - I took notice of him when he was cursing the woman, I looked very earnest at him.

And are you sure it was on a Monday night? - It was.

How long have you known the prisoners? - I have known them this two or three years.

Both of them? - Yes.

What are they? - I do not know what trade they are.

What are you? - I am a seafaring man.

And you are sure it was on a Monday night? - Yes.

JAMES DUFFEL sworn.

What are you? - A soldier, I have been in the King's service twenty-four years, I know that I saw this Richard M'Dale receive three guineas and a half for himself, that was on Wednesday was a week, he is an out pensioner out of Chelsea hospital.

DENNIS CLARY sworn.

I knew the prisoner M'Dale, in Ireland, I have known him four years, I happened to call at his lodgings, and he and that young man was in bed.

What night was that? - That was on Monday night, he sent for a quart of ale to give me to drink, and the prosecutor was looking for lodgings, and the other man brought him in; and I asked him to buy a pair of waistcoats or handkerchiefs; he said he had no money to buy them of me.

Was this on the Monday night? - It was.

Prosecutor. If I had had an inclination to have gone with a woman, there were plenty, I might have gone and had a bed with one, I told this man I did not want any waistcoats, but I never told him I had no money.

CATHERINE GREEN sworn.

I was standing at my own door where I lodge, on Monday night, and this gentleman came up to me, and asked me where he could get a bed, I told him I was only a lodger myself, he offered to give me a handkerchief to let him lay there that night, and I told him it would not be convenient, because my husband was at home; and I gave him two-pence to get him a bed.

Court to Prosecutor. Is that true? - No, it is all false.

Court. Did you ask her to let you go home with her? - No, my Lord, I never saw her before, I do not remember it; if there was any such conversation passed, I must undoubtedly remember it, it is a particular matter.

- PATTERSON sworn.

This woman said she would give any thing in the world, if I would have the bill of indictment thrown out; that good woman said, if you will get the bill of indictment thrown out, I will give you any thing in the world; I say no more.

Catherine Green. I never opened my lips to him in my life.

Patterson. You have not, why the very first night I took him, you run after me.

Green. I never saw him, my Lord, till this day.

Prisoner. Here is the landlady that had the two guineas, which he says, I told him to go for to make an end of the affair.

ANN HAYES sworn.

Had the prisoner left two guineas in your hands? - Yes, he did.

Are you a relation of the prisoner's? - I have been a long time out of the country, and he was very young, if he is the son of the man he mentioned; he was a relation to me, I saw him several times at my place with plenty of money and he behaved civil and decent went away again.

Did he owe you any thing? - He never owed me a farthing.

You did not want to stop that money? - No, Sir, he freely desired me to keep it for him.

Court to Prosecutor. Did you hear this woman, or her husband examined before the Justice of peace? - I heard her husband examined, I heard no mention of a debt, he mentioned that the prisoner was a relation of his wife's.

ROBERT FORRESTER , GUILTY, RICHARD M'DALE, GUILTY ,

Death .

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

Reference Number: t17830430-65

DAVID HART was feloniously stealing on the 5th last, fifty-nine yards of printed 3 l. forty-two printed linen handkerchief, value 50 s. thirty-six pair of worsted stockings, value 46 s. twelve pair of thread stockings, value 15 s. fifteen yards of muslin, value 4 l. and fifty yards of Irish cloth, value 38 s. the goods and chattles of John Hooper .

The witnesses examined apart at the request of the prisoner.

JOHN HOOPER sworn.

I am a broker , I had a sale on Tuesday the 4th of March, a person who lives near Union Stairs, Wapping, bought a parcel of goods, to the amount of near 20 l. I was to send them home the next afternoon: In the afternoon I sent a boy with them; he being a country lad, and never had been there before, I gave him a particular directions not to leave them without the lady who bought the things was there, and paid for them, the parcel contained the things mentioned in the indictment, and they were tied up in a sheet with a cord; the boy came home without them.

RICHARD NIGHTINGALE sworn.

How old are you? - Fourteen last November.

Court. Do you know you are bound by the oath you are to take to speak the truth? - Yes.

Did you receive a bundle of goods from Mr. Hooper to carry anywhere? - Yes.

Where were you to carry it? - To one Mrs. Fosgate's, at Union Stairs, Wapping, I carried it out.

Did you deliver it to Mrs. Fosgate? - No, I met the prisoner in Wapping , and he said are not you going to our house, and I asked him where his house was, and what was his name, and he said his name was Fosgate, and he said we have been waiting for you this hour for the goods, and he took them a little way down Wapping, and then he took water at the stairs, I saw him go down the stairs, and I heard him call a boat, he was not in the another parcel; he said he had another parcel at my master's, it was not at Union Stairs, it was at some other stairs, I do not know their name, so I came back, and I had got as far as Tower Hill, and it came in my head, I had delivered them wrong, and I went back to Mrs. Fosgate's, to see if any body had been there, and she had heard nothing of them, then I came home.

Court. Had you met any body before, who asked you where you was going? - No.

How could he know you were going to Mrs. Fosgate's? - He was go ing by at the same time as I went into a shop, and asked which was Mrs. Fosgate's.

How long after you lost the things was it, when you saw the prisoner again? - I cannot tell, it might be 3 or 4 days.

Where did you see him first? - I saw him at a publick house the sign of the Crown, the Justice sent to tell me to bring the prisoner up to the Justices, the house was full, and he was sitting down I did not mind him much, I did not think the prisoner was in that room, I was in the room at the public house about ten minutes; I did not know the prisoner, there he was set down.

Did any body ask you in the public house, whether he was the person that robbed you? - Yes, Sir, one gentleman did.

And you said, you did not know? - Yes.

Where did you see him afterwards? - I went to the Justices, and saw him there, I knew him the moment as he got up, and came out of the public house, I went up to the Justices with him.

Who was there? - There was three women.

Was there any other man prisoner but this? - No.

You knew then that a man had been taken up for robbing you? - Yes.

What time of night was it when he took these things from you? - A few minutes past five.

It was quite day-light? - Yes.

How long did he talk with you? - I carried the parcel with him down to the stairs, he did not take the parcel directly, he might be with me about five or six minutes.

Did you see his face plainly, so as to know him again? - Yes.

Now if you had met him by accident any where else, should you have known him? - Yes, Sir, I think I should, I took very particular notice of him.

How was he dressed? - In a snuff coloured coat, not as he is now, and he was in another dress at the public house.

What did you observe about him that you knew him by again? - I took particular notice of his eye brows.

What was there particular in his eye brows? - He had very little hair on his eye brows.

Had not he his hat on? - Yes.

How could you see his eye brows then? - Yes.

How so? - I could see his eye brows very plain.

So as to observe them particularly? - Yes.

Prisoner. What did you say to the waterman, when you was in the entry? - I did not say any thing to the waterman.

Court to Hooper. Did your boy give any description of the man, who had taken the bundle? - I did not wait to ask him any thing about it, because one of the watermen knew Hart, and had seen him and the boy together, so I went directly to the Justices.

ANDREW MARSH sworn.

I am a waterman, I saw the prisoner at the bar take the parcel from the boy, and he took my boat, and I carried him over the water to the opposite stairs afterwards, I saw him employ a man to carry the parcel for him.

Did you know the prisoner before? - No.

You did know who it was then? - Not till I saw him again, I saw him again at the Justice's.

Did you know him directly at the Justice's? - Yes.

Was it day-light when you carried him over? - Yes.

You knew nothing of him before? - No, I am sure it is the man.

Court to Hooper. Who had you the information from? - From the other waterman.

Prisoner. When I saw you at the public house, did not you hear me ask the boy if I was the man that robbed him? - No, I do not remember the lad's being at the public house.

THOMAS HUMPHRIES sworn.

I am a waterman, I was at Alderman Parson's stairs, where I ply, about half after five, I saw the prisoner standing, I asked him if he wanted a boat, this Mr. Marsh was rather to go before me, he steps up and says, do you want a boat, there is a general rule at the stairs, where there is two upright bars that are fixed, the prisoner gets through the bars, and the boy followed him, he was on one side of the gate, and the boy was on the other, and it would not go through, the prisoner says, go along you rogue he came round that way so let go the bundle, and the boy carried it through a public house, the waterman got him in the boat and rowed him over, I took a sailor over, and when I came back, this boy came up to me and said, Oh Lord! Oh Lord! I have lost my bundle, says Marsh, I have put him down at Horsley-down, and he asked me to get him a porter, to carry it to Long-lane.

Did you see him go in Marsh's boat? - Yes.

Did you know him before? - Yes, I did, I knew him by person, but not by name.

How did you find out his name? - I was at the Justice's one day with a neighbour that had been robbed, we was at the King's Arms, and the prisoner was there for stealing, as I understood, a watch from a man, he went in before Justice Clarke, he was ordered to go to serve his Majesty.

How did you know his name? - I knew nothing of his name no farther than when I described his person to the runners, they said it was David Hart , I said, I did not know the man's name, and when they brought him down, I told them I could swear to the man.

Is the prisoner the man? - Yes, that is the man.

You are sure of that? - Yes, I am sure of it.

Court to Mr. Hooper. Were your things ever found again? - No, he was not taken till a week afterwards.

Prisoner. I have witnesses that will prove, what they heard the waterman say to the boy, and likewise the boy denying me at first.

WALTER SMITH sworn.

I attended at the Justice's, and I went that morning to the King's Arms about eleven, and I saw the prisoner brought in, in custody as I was sitting down there, and a little boy came in, and he looked all about for the man that robbed him, and he looked all round the place, and set down in the box, and at last he says, to the boy himself, my boy do you see any body here that robbed you, no says he, I do not see the man, for he was a man with grey eyes.

Court. What coloured eyes has the prisoner? - He has grey eyes.

How near was he to the prisoner then? - He was as near to the prisoner as I may be to this gentleman.

Was the waterman there? - I did not take notice of any body at all but this boy.

PRISONER's DEFENCE.

My Lord, there was a man came down to me, and said, he did not expect I should be tried till Monday, and upon that, I suppose my witnesses are gone, I am as innocent as the child unborn, I am sworn against wrongfully.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-66

313. CATHERINE WALKER was indicted for feloniously stealing, on the 15th of February last, one silver watch, value 3 l. one steel chain, value 6 d. one silver seal, value 2 s. the goods and chattles, of Richard Bromley , privily from his person .

RICHARD BROMLEY sworn.

I am a servant to a brandy merchant; on the 15th of February, I was going up Chick-lane , and hearing a great noise at a public house, I went in to see what was the matter, and called for a penny worth of beer, the prisoner came up and said, I will be a penny with you, I was going to pay for it, and they knocked the halfpence out of my pocket, and my bundle was gone, I making a piece of work about my bundle, this young woman said, if you will come out, I will tell you who has your bundle, and while she was whispering to me, she whipped the watch out of my pocket, and ran into the house with it.

How do you know she whipped the watch out of your fob? - Because she went out along with me and I felt her do it, and saw her give it to another person, then I went round to several, and I could not tell who had it at last; I saw the prisoner about seven weeks after in Fleet-market, I took her into custody, I was in danger of my life at the first time, I did not know where there was an officer, tho', I have been two years in London, I am a stranger to that part.

Court. How long was it before you went to any magistrate to inform him? - It was two days, we could not find her, then I saw her seven weeks after in Fleet-market, I knew her perfectly well as soon as ever I saw her, she was with two women, I laid hold of her, and sent for a constable, I am sure she is the same person.

Court. What could be the reason when you was robbed, you did not take her? - I did not know where to go for a constable then.

Did not you know where there was any office for the administration of Justice? - I carry out goods as a porter.

What and never heard of the public office of magistrates? - No.

PRISONER's DEFENCE.

I have nothing at all to say, I never was in his company, he takes me for another person, I am often taken for her, and she for me, I know her very well and where she lives, I have no witnesses.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830430-67

314. JOHN HIGGINSON was indicted, for that he on the 10th day of March last, being a person employed in the General Post Office, received a certain letter, then containing three several bank notes, that is to say, one bank note, No. K. 245, London, 8th November, 1782, signed and subscribed John Greenway , for the Governor and Company of the Bank of England, by which said bank note, the said John Greenway promised to pay to Mr. Allen Cooper , or bearer, on demand, the sum of twenty pounds, and which said bank note is in the words and figures following, that is to say,

"No. K. 245, I

"promise to pay to Mr. Allen Cooper , or

"bearer on demand, the sum of 20 l. London,

"28th November, 1782, for the

"Governor and Company of the Bank of

" England, J. Greenway, entered William Rawlins ." On the other bank note, No. 1152, London, 6th March, 1782, signed and subscribed John Greenway , for the Governor and Company of the Bank of England, by which said last mentioned bank note, the said John Greenway , for the Governor and Company of the Bank of England, promised to pay Thomas Wilson or bearer on demand the sum of twenty pounds, and which said last mentioned bank note is in the words and figures following, that is to say,

"No. 1152.

"I

"promise to pay to Thomas Wilson , or

"bearer, on demand, the sum of 20 l.

"London, 6th of March, 1782, for the

"Governor and Company of the Bank of

" England, J. Greenway." And one other bank note marked, No. K. 210, 8th of March, 1783, signed and subscribed John Boult , for the Governor and Company of the Bank of England, by which said last mentioned bank note, the said John Boult for the Governor and Company of the Bank of England, promised to pay to Mr. Joseph Jones and Company, or bearer, on demand, the sum of ten pounds, and which said last mentioned bank note, is in the words and figures following, that is to say,

"No. K. 210, I promise to pay to Mr. Joseph Jones and Co. or bearer, on demand, the sum of 10 l. London, 8th March, 1783, for the Governor and Company of the Bank of England, J. Boult: which said several bank notes of 20 l. 20 l. and 10 l. were brought to the General Post Office in London, from one Claude Scott , and John Willis , to be conveyed to Wangford, near Southwould, in Sussex, and there to be delivered to Samuel Crispe , and Seth Crispe , corn-merchants and partners, and which said letter, upon the said 10th day of March last, at the said General Post Office, done to the hands and possession of the said John Higginson , as being such person so employed as aforesaid, and that he on the said 10th day of March, being such person so employed as aforesaid, and then and there having such letter containing the said bank notes in his hands and possession as aforesaid, feloniously did secret the said letter then and there containing the said bank notes, then and there the property of the said Claude Scott , and John Willis ; and the said three several sums of 20 l. 20 l. and 10 l. secured by the said bank notes respectively, then remaining due and unsatisfied .

A second count in the like manner, only charging the property of the notes to be in the persons to whom they were sent.

A third count in the like manner, only instead of charging that the bank notes were contained in a letter, charging that they were contained in a certain packet, and laying the property in the bank notes,

to be in the said Claude Scott and John Willis .

A fourth count in the like manner, only laying the property to be in Samuel Crispe , and Seth Crispe , the persons to whom they were sent.

A fifth count charging that the said letter and bank notes, so coming to the possession of the said John Higginson , he feloniously did steal, and take out of the said last mentioned letter, the said bank notes so contained in the said letter, the property of the said Claude Scott , and John Willis , and so due and unsatisfied, against the form of the statute.

A sixth count in like manner as the fifth, only charging the property to be in Samuel Crispe , and Seth Crispe , the persons to whom they were sent.

A seventh count in like manner, only instead of charging that the bank notes were contained in a letter, charging that they were contained in a certain packet, and that the said packet containing the said bank notes coming to the hands of the said John Higginson , he did steal the bank notes out of them, and laying the said bank notes to be the property of the said Claude Scott and John Willis .

An eighth count in like manner as the seventh, only laying them to be the property of Samuel Crispe and Seth Crispe , the persons to whom they were sent.

The late Mr. Howarth opened the case as follows: Gentlemen of the Jury, I am council in this prosecution against the prisoner at the bar, John Higginson , he is charged in the indictment with having secreted and embezzled a letter, and another charge for having stolen bank notes, thereout: this offence is made a capital offence, by an Act of parliament, passed the 7th of the last King's reign, and by that act it is enacted,

"that if any person employed in

"the general Post Office, shall either secrete

"or embezzle any letter sent there for carriage,

"or steal, or take out of any letter,

"any bank note, bill, or other description,

"such person being convicted

"thereof, shall suffer death, as a capital

"felon," upon that Act of parliament, this present indictment is founded.

Sir Robert Taylor . The prisoner begs a chair, he is so every ill and trembling.

Court. By all means.

The evidence which will be produced in order to enable you to form your judgment on this indictment, will be as follows: on Monday the 10th of March last, a Mr. William Martin , who is clerk to Mr. Scott and Willis, received instructions from them, to remit down by the post a sum of money, to a correspondent of theirs, at Wangford, in Suffolk; in pursuance of that instruction, in the evening of that day he inclosed in a letter directed to Mr. Crispe at Wangford, bank notes to a very considerable amount, to the amount of 100 l. that letter was sealed up and put into the Post Office that evening; but that letter never went agreeable to his directions; a complaint was made of this at the Post Office, and there were some circumstances in the conduct of the prisoner and in his appearance, which induced suspicions to fall upon him; he had been appointed only a few months before, in October preceeding he had been appointed one of the sorters, in the inland department of the Post-office; these suspicions induced the gentlemen of the Post-office to order an enquiry to be made respecting him, and a peace officer to go immediately and search his lodgings and apprehend him; on the 7th of April, in the evening, the solicitor of the Post-office accompanied by two peace officers went to the lodging of the prisoner, they found him at home, and after some questions put to him by Mr. Parkin, Mr. Parkin desired him to give him the key of his bureau, in the room where he lodged, which he complied with, and he together with Mr. Parkin and the peace officer went up to his lodgings, and on searching his bureau which they opened with this key, three bank notes were found, two of 20 l. and one of 10 l. It may be material for you to attend to the description of them, the bank notes that were put into the letter by Mr. Martin, clerk to Mr. Scott and Willis, were No. K. 245, payable to Mr. Allen Cooper , for 20 l. dated the 28th of November, 1782, another was No. 1152, for 20 l. dated the 6th of March, 1783, payable to Mr.

Thomas the satisfaction of the Jury by legal evidence, so in statute law; murder and robbery are crimes at common law: Secreting of notes, or stealing them out of letters, is that offence by the statute law, that is to be proved before the Jury by legal evidence.

Prisoner's Council. I have a very respectable authority Mr. Justice Foster.

Court. Then you should state that authority, I cannot argue it by piecemeals, I cannot go on letting you reply upon me.

Prisoner's Council. It would be presumption in me, my Lord, to say any thing more on the subject, if you do not think the objection forcible.

Court. I see nothing in the objection.

Prisoner's Council. I give it up, I can say no more.

Court to Prisoner. Do you wish to say any thing to the Jury, or to leave it in the hands of your Council to examine your witnesses.

[The Prisoner continued in a constant state of trepidation, and crying during the whole of his tryal.]

Mr. Akerman. The prisoner says, he submits every thing to his Council and the Court.

- WATSON sworn.

I believe you have known the prisoner at the bar many years? - I have known him three years last January.

Was not he apprentice to you? - He was for five years.

How long did he stay with you? - Two years, and from January, to the month of May, or till the beginning of June, he did not stay his whole term.

What was the cause of his leaving you?

Court. You need not go into that, there is no charge against him for leaving his master.

Did you ever intrust him? - I intrusted him with sums of money and goods to a great amount, to the amount of two hundred, or three hundred pounds: I never had any reason in the world to repent of the confidence I placed in him, he was an honest dutiful person as ever came into any man's house, and he is the last man I should have supposed to have seen at the bar.

- EATON sworn.

I live in Little Tower-street, I am master of the academy, he was placed at my academy by a very respectable gentleman of Warwickshire, in the middle of June last, he continued under my care till the October following, he behaved with the greatest rectitude imaginable, nor had I the least reason to suspect his veracity or his honesty.

Prisoner's Council to Mr. Shann. In he course of time you have seen him in his business at the Post-office, how has he behaved? - Very well, he has been about five months, I have no reason to blame his conduct.

- AUSTIN sworn.

I am a sorter in the Post-office.

You are of course well acquainted with the prisoner at the bar? - Since he has been in the office there was nothing in his conduct that could lead me to any suspicion of his integrity.

- EVANS sworn.

I belong to the Post-office, I am in the inland office, I have known the prisoner at the bar ever since he has been in the Post-office, his behaviour has been very good, he behaved with great propriety.

Jury. Was you on duty that evening? - No.

Jury. The letters are stamped, f aced, and sorted, and then they come to the roads, and they had all these hands to pass through before they came to the prisoner's hands; therefore his are the last hands.

Court. No, by no means, they are to be put into the boxes and bags.

- HIRD sworn.

I am in the inland office, I have known the prisoner ever since he has been in the Post-office, his conduct during that time has been very good; I never had any reason to suspect him.

- ADDISON sworn.

I am a sorter in the inland office, I have known the prisoner ever since he has been

in the office, I never saw any behaviour but what was very good, I never had any reason to suspect him at all.

When the box is full to the slit, is there a possibility of letters being stolen at the outside? - Before the boxes were altered, letters have been taken out of the boxes on the outside.

Mrs. LEACH sworn.

I believe the prisoner at the bar lodged at your house? - Yes.

What was his general behaviour during the time he was at your house? - He always behaved very steady and very sober while he was with me, I never had any reason to blame his conduct.

Did any of his acquaintance come to visit him at your house? - Sometimes they did, two clerks in the Post-office I understood did.

Did they come frequently to see him? - I cannot pretend to say how often they were there, but they have been there more than once or twice.

Did these clerks stay all night at his house at any time? - Yes, they did.

Can you fix any time when both those clerks laid at the house? - I cannot tell what night.

Do you know any night? - It was of a Saturday night.

Did one of them sleep with him? - He slept with him more than once, the other never slept there but that night, and the other slept in the same room with him in his bed.

The learned Judge then summed up the evidence as follows:

Gentlemen of the Jury. This is an indictment against the prisoner John Higginson , charging him with having secreted a letter or packet, which contained Bank notes, and which had come to his hands as an officer in the Post-office, and also charging him with having stolen out of that letter or packet three Bank notes. This prosecution is founded on a statute made to protect that grand channel of negotiation, and circulation of property and intelligence in this country, the Post-office; the immense consequence of which to the public you cannot but be apptized of, and to guard against any improper conduct in the officers employed in the Post-office, through whose hands letters inclosing property must often pass; this act of parliament has protected that conveyance by the additional sanction of making it a capital offence, in any person actually employed in the Post-office, to abuse that trust, and to take the opportunity which that employment furnishes, to keep back or rob any of letters sent to that office; this man is proved to have been employed in charging letters, that were to be sent from the Post-office into the country, and the charge upon him is, that he has secreted a certain letter containing amongst others, three particular Bank notes, which are specified in the indictment, which letter was sent by Claude Scott and John Willis , who are cornfactors in London, directed to Samuel and Seth Crispe , who are corn merchants and partners, at or near Wangford, in the county of Suffolk: In order to prove this charge on the prisoner, the first witness who is called, is William Martin , clerk to Messrs. Scott and Willis, the cornfactors here in London; and the account he gives is, that in consequence of an orders received from the Crispes in the country, there was a parcel of small Bank notes inclosed by Willis, one of the partners, and delivered to the witness; and which the witness made up and sealed, and carried to the Post-office, upon the 10th of March: he says he delivered the letter into the receiving box about eight that evening; there were seven Bank notes in the whole, for the sum of 100 l. but there are only three of them, which it is necessary to trouble you with, because they are all that are brought home to the prisoner at the bar; they are K. 245, November 8, 1782, to Cowper, 20 l. No. 1152, March 6, 1783, to Wilson, 20 l. and K. 210, March the 8th, 1783, to Jones 10 l. Mr. Samuel Crispe , one of the persons to whom this letter inclosing the seven Bank notes was sent, is called, and tells you he lives at Southwold, his partner lives at Wangford, which is within a

mile of Southwold, he says, that he and his partner expected a letter inclosing Bank notes, to the amount of 100 l. to come by the post, on the 13th of March, to set out the 10th; he says, he was at his partner's the next day, and there was no letter. Mr. Shann, one of the comptrollers of the Post-office says, the prisoner was properly a letter sorter; but this evening of the 10th of March, he was employed as assistant for the Yarmouth-roads, and he says his business that night was, to charge the letters, and put them into the boxes of the different post towns; he says there was another officer at the same table employed in the same sort of business; he has told you that letters are put into the receiving box, and as soon as it is full it is brought and emptied upon a table, where there are officers called facers, whose business is to stamp these letters, and throw them on their faces; then they are removed after this operation to another table, where those persons that are to charge them, and put them into the different boxes belonging to the different post towns, in order that they may be put into bags, are at work; so that you see every letter goes through different hands, a great number indeed, before it can reach the place of its destination: Mr. Parkin is then called, and he says that there being an account, that this letter had not been received; the 7th of April he was directed to attend, in order to examine the prisoner in case he had come to the office that evening; but he happened not to come, therefore Mr. Parkin was sent to examine the prisoner's lodgings in Great Titchfield-street, No. 40, he found him in the kitchen with Mrs. Leach; he informed him of his business, and desired him to let him have the key of his bureau, he gave him his key without hesitation, he went with him into the room, he opened the bureau with that key, and in a private drawer in that bureau, he found three Bank notes which he produces, and one other Bank note: he says the prisoner made no kind of objection to his making that search. These three notes being produced, it remains to shew you if they are able to do it, in order to make out the charge against the prisoner, that these three notes found in the private drawer of his bureau, are three of the seven notes put into that letter, which was put into the Post-office, on the 10th of March; for this purpose, they call Mr. Martin, who tells you that they correspond in every particular, except that there is a figure of one introduced in every one of them, increasing the number one thousand; he says that figure of one has been added in a different ink, that the alteration is visible, rather an addition than an alteration; that it is visible to have been made at a different time, and with different ink, and it plainly appears where the addition was made, and he has no doubt therefore, but these three Bank notes were originally three of the notes which he put into the letter; and supposing you should be satisfied that there had been an alteration, made since the notes were put into this letter, this would amount to a considerable degree of evidence, to prove that these are the identical notes; but in order to fix it with more certainty, you must be satisfied, and that for that purpose they have called an officer of the Bank to shew you that there cannot be two sets of notes of the same number, and corresponding in all respects as these notes do; because if it was the practice of the Bank to issue a great number of notes, all of the same letter; letter K. for instance, and of the same number and sum; then there being found in this young man's bureau notes with the numbers, letters and sums corresponding with the same numbers, letters and sums upon the notes put in by Martin, would be no proof at all that they were the same; you might as well suppose that one piece of ribbon would be a proof that the maker made no more: they have therefore called an officer in the Bank note office, who is capable of giving you abundant satisfaction on that head; and it does so happen that he is able to carry the evidence beyond the general course of office in the Bank; after telling you that they do not make out more notes than one of the same number, he tells you that one of these notes in particular, which is No. K. 245, which now appears to be K. 1245, was made out by him originally K. 245, this was on the 8th of November 1782; he says it contains figures wrote by himself, therefore he knows that the original figures 245, were of his hand writing; he says there is an addition of a figure of one which is not of his hand writing, and which therefore must be made since the note was issued, he says further, that he has examined his books, and that it appears from thence that there was not any such number as 1245 issued on that day, therefore this cannot be 1245 a true note, but must have been altered from 245 for two reasons, first, because he himself made it and issued it, which alone is decisive if it be true; and the other reason is, because there appears to be no note of that date of 1245; he does not know who made out the other notes, but he knows there were notes issued K. 210. and there was no note K. 1210; therefore he supposes there must have been an addition of a figure of one in that note, and he says also, that there was a note K. 1152 issued but no note of K. 11152; he says further, that there could be no such note as that last issued by circumstance of the alteration of the figure, and he giving no account how he came by these notes; that he ought to be by you concluded to be the person that secreted the course of the bank, for they never go beyond the number 10000; therefore there are two reasons to prove that that note must have been made so.

Gentlemen, this is the evidence upon which they rest this prosecution, and you see what the substance of it is, that a letter containing three notes, the description of which you have heard amongst others, having been delivered into the Post-office, upon the 10th of March, and having been in the regular course of business to pass through the hands of several persons and the prisoner's amongst others, as officers acting that evening in the Post-office, that letter did in fact never come to hand, but was lost or embezzled, or secreted by somebody, and there is found in a private drawer of the bureau of the prisoner, in his lodging room, three notes, which they undertake to prove are the identical three notes which were put with others into that letter: then they leave it to you to make the inference as an inference of fact, fairly deducible from that evidence, that the prisoner having by his situation in the Post-office, the opportunity of secreting that letter, the notes contained in that letter being found upon him, with that suspicious circumstance of the alteration of the figure, and he giving no account how he came by those notes; that he ought to be by you concluded to be the person that secreted the letter, and that took the notes out of the letter, because of the apparent impossibility that any body else should have done it.

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

Reference Number: t17830430-67

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.

Reference Number: t17830430-67

THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO, The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday, the 30th of APRIL, 1783, and the following Days;

Being the FOURTH 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 IV. PART VIII.

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.

Continuation of the Trial of John Largent .

It is that sort of presumption from one fact, concluding to another fact, which is ordinarily used in all examinations, and the course of proving facts at this place; and there is no manner of difference whether it be a prosecution at common law, or statute law, because in either case, a fact which constitutes the charge, is to be made out to the satisfaction of the Jury, in the same way by the some course of evidence, without any possible difference; whether they have succeeded in making out the fact to you, is for your judgment.

The prisoner offers nothing in his defence, he might to be sure, if he had been an innocent man, have shown you how he came by these notes, and how they came to be found upon him; but he has given no account of them: his character is undoubtedly very good one, but the question is, what application has that character in a case where the notes which were put into that letter are found in his possession, and he is not able to give you any account how he came by them, he has called a witness indeed to give an evidence, to insinuate a possibility that the letter might have been brought to him, by two other clerks in the office, and that the notes might have been given to him, or brought to him, and so they might have been found in his bureau; that is the tendency of the evidence of Mrs. Leach. In almost every case that comes before you, there is a strict possibility where the positive fact itself is not proved by witnesses, who saw the fact, there is a strict possibility, that somebody else might have committed it: But that the nature of evidence requires, that Juries should not govern themselves, in questions of evidence, that come before them, by that strictness, is most evident, for if it were not so, it is not possible that offenders of any kind should be brought to Justice. Where there is reasonable probability, that not withstanding the appearances a man may be innocent, it is very fair to make use of them: But if it goes further, and if there is nothing but absolute possibility, where all the moral probabilities of evidence are against the prisoner, where nothing can save but absolute possibility that he may be innocent, it would be going too far to conclude him innocent from that, that would make it impossible that public Justice should take its course. Therefore, the true question for your consideration is, whether judging of this fact, as you judge of all other facts, that happen in the course of your dealings with mankind, and your

correspondence with one another, it appears to you be proved satisfactorily, and to moral demonstration, that this prisoner must have been the person that secreted this letter, and took these notes out of it, if that be the fair result of this evidence, then the prisoner is guilty, and it will be your duty to find him so. If on viewing the evidence any reasonable doubt remains on your minds, that he is the person that secreted this letter, and took the notes out of it, he will be entitled to your acquital. The public justice of the country is extremely considered, on the one hand, if the charge is fairly brought home to the prisoner, that justice should be done upon him; while on the other hand, if there remains any distant hope of his innocence, he should have the same justice by being found not guilty.

GUILTY . ( Death .)

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17830430-68

315. ALEXANDER SMITH was indicted for that he, on the 16th day of January last, having in his custody and possession, a certain bill of exchange, to the tenor and effect following, that is to say,

"Exchange 52 l. 10 s. sterling, Antigua,

"13th of November 1782, at thirty

"days sight, pay this my third of Exchange,

"first, second, and fourth of the

"same tenor and date, not paid to order

"of Alexander Grant , the sum of 52 l.

"10 s. sterling, value received, as per advice,

"and place the same to the amount

"of gentlemen, your most humble servant,

" James Gordon . To Messrs.

"Benjamin and Thomas Boddington ,

"merchants, in London;" indorsed, Alexander Grant , purporting to be an indorsement by the said Alexander Grant , on the said 16th day of January last, with force and arms, feloniously and falsely made, forged, and counterfeited, and did willingly act and assist, in the false making, forging, and counterfeiting an acceptance of the said bill of exchange, in writing, purporting, to be an acceptance of the said bill of exchange, by the said Benjamin and Thomas Boddington , bearing date the 28th day of January 1783, and which said false, forged, and counterfeited acceptance of the said bill of exchange , is to the tenor and effect following; that is to say, accepted 15th of January 1783, B. and T. Boddington

"with intention to defraud the said Benjamin and Thomas Boddington .

A second count for feloniously uttering and publishing the same, knowing it to be forged with the like intention; the third and fourth counts, for forging and uttering the same, knowing it to be forged with intention to defraud Thomas Hepworth .

THOMAS BETTERSWORTH sworn.

I am clerk to Messrs. Benjamin and Thos. Boddington , a porter, at the Saracen's Head in Friday-street, brought a bill on the 13th of January last, drawn by James Gordon , of Antigua, on Benjamin and Thomas Boddington , for acceptance, I was present, and received the bill from him, it was for 52 l. 10 s. I desired him to leave the bill as we had no advice from the drawer of it he left it in our hands; and the same day in the afternoon, we had a letter from Antigua, advising us of his having drawn for this bill, and another for upwards of 800 l. when we saw the letter from some circumstances in it, we began to suspect the whole a forgery, letter and bill; the letter came as a ship letter by the usual course: nothing material after that happened within my knowledge, till I believe the 15th, when the same man came again he brought one of the set, and he brought it with an acceptance on it.

Court. Was that bill which he brought, a different bill of the same tenor and date? - The former was taken and carried to the Notary Publick's.

Who took it away? - I cannot say, nor when it was taken, it was not in my presence, in point of fact it was taken away by somebody from our house; but by whom I do not know.

When the bill was presented for acceptance did you examine any entry of the tenor or date of the bill? - I did not, but an entry was made.

Then on the 15th, the man brought a a bill, which was either the same, or another of the same tenor and date? - Yes.

But which you do not positively know? - I do not, the man came to know whether the acceptance on it was genuine, he brought me a bill with the acceptance, which I have had in my custody ever since.

Is there an acceptance on that bill, purporting to be the acceptance of that house? - Yes, there is an acceptance on it, the waiter called to ask me whether it was our acceptance or not, I told him no.

(The acceptance read.)

Accepted, 15th January 1783. B. and T. Boddington.

Court. Is that the hand writing of any person who accepts bills from that house? - No.

Did no clerk of the house accept bills? - No.

Are you sure of that? - I am.

Are you well acquainted with the hand writing of Messrs. Boddingtons? - I am.

Are you confident it is not their hand writing? - I am, I put the bill in my pocket, and went with the person who brought it, in search of the man that he told me was come up from Exeter, and that he came from Antigua: he afterwards was taken by this waiter, who it seems had advanced the money; the same man that brought the bill, brought the person who sent the bill to him, the forenoon of the same day before dinner.

Who was that person that he brought? - The prisoner at the bar.

What did the prisoner say when he was brought? - Nothing particular.

Did he admit, or deny his having given him that bill? - Neither.

Did you question him at all about it? - I did not, my Lord, he was in a coach, I took him to the Mansion-house, before my Lord Mayor.

Was he examined then before the Lord Mayor? - Yes.

Was you present at his examination? - Yes.

Did he admit, or deny it? - Neither, he said, he had nothing to say for himself, so it appeared to me; then he was committed.

THOMAS HEPWORTH sworn.

The prisoner came in our Exeter diligence with two more men, on the 11th of January, and arrived at our house, the Saracen's Head, in Friday-street, on the 13th, which was the Monday morning; and breakfasted with one of the men, the other went away the Saturday night; at breakfast he asked me for a directory, I gave him one, and he asked me if I could get a person to go up to Mr. Boddington and Rodney, with a note to be accepted, he said, it was No. 15, in Mark-lane; I told him if he would wait till breakfast was over, I would go myself with it; when breakfast was over I asked for it, and he gave me a note, I cannot rightly tell the number, but it was for 52 l. 10 s. the other man was present.

Was it he or the other man that gave you the bill? - It was the prisoner at the bar, he desired me to take it to Mr. Boddington and Rodney's for acceptance, I went and saw one of the clerks as I supposed, and he desired me to leave it with him, and call the next morning, I told the prisoner, and I called the next morning, I saw the man I gave it to him, he told me they had had no letter of advice, and I think he said, Mr. Boddington was not at home, and desired me to call the next morning; I came back and told the prisoner at the bar that I was to call again, he desired me to go and call for the note, either to have it accepted, or as it was, I went and saw the gentleman in the office, and told him the gentleman was very angry about it, and desired to have the note accepted, or to have it back as it was, I said, it is very odd you should give him so much trouble; he said, the clerk that had it was not at home, and desired me to call in the morning, he said, we shall either send a message or the note to night, but no message came that night; accordingly the prisoner at the bar wanted me to go again the next morning the 15th, I told him he had better write a line, which he did, I

do not know what it contained, he wafered it up, and I carried it; I saw the person I gave the note to on the 13th, he asked me what the gentleman was, I said, I did not know, he said, he might perhaps be a Captain of a ship, he said, they were waiting for a letter of advice; I said, I will be obliged to you to let me have a letter, perhaps he may be dubious that I have not left it here, and they gave me a letter in answer, which I brought to the prisoner.

Court. What did the prisoner say? - He did not say what the letter said, but I advised the prisoner to call himself, that it would be better for him to call and speak to the gentleman: on the 15th in the afternoon, the prisoner came into the coffee-room and said, either waiter or Thomas, I do not know which, I have been there, and have got it accepted at last; I told him I was glad of it, for he had had a good deal of trouble about it, as well as myself; he said he had, he asked me if I could get it discounted, he said, perhaps my master could do it, and he would allow five per cent, and give me a guinea for my trouble; I told him if he would wait till the morning the 16th, th at my master was not in the way but I would speak to him, and if he could not do it, I would get it done some how, because they told me that it certainly was a good note; on the 16th in the morning he was at breakfast about eleven o'clock, I told him my master was in the way, and I would see if he could discount it; I took it to my master, he said, he had not got so much cash about him, says I, it is the note I took for this gentleman, and he will allow five per cent for the time that is to come; says I, I took the note there, and they told me it was a very good house it was upon; says he, you will be safe enough in doing it, if you can do it; says I, then I will do it; I had ten guineas in my pocket, I gave him that, and I told him, in about five minutes he should have the remainder of the cash.

Court. Had he asked you if you could do it yourself? - Yes, he said the ten guineas were sufficient, that would do for the present, he said, he should be back presently, I went home and got the remainder of the cash, and in coming down stairs I bethought myself that I would go to Mr. Boddington's, to see if it was their acceptance or no, I did so, when I came to the house, I met with the clerk I first gave the note to, he stopped the note, and told me it was a forgery; this is the clerk, Mr. Bettersworth; I came back with the clerk, and the prisoner was gone out; this gentleman left me, and he desired me to give charge if he came in to stop him; the prisoner came back in about five minutes, he was coming down the yard, and I spoke to him, says I, I do not like this note, I will be obliged to you to return me my money again, he put his hand into his pocket and trembled most ducidly, and he asked me for the note.

Had he asked you at all for the remainder of the money? - I laid hold of him first, and said, I did not like the note, he had got the ten guineas and about two-pence halfpenny, and while I was putting the money in my pocket, he turned round again, and asked me for the note, I told him, he must go with me where the note was stopped, he turned round and ran up the yard which is a double yard, thinking I suppose it was a thoroughfare, and if it had I believe I should have lost him, but not being so I ran after him, and laid hold of him, I brought him down to the coffee-room, I sent for a coach and took him to Mr. Boddington's, they told me to take him to the Mansion-house, I told them he had given me my money, and they might do what they would with him, I had no peace officer.

Did the prisoner say any thing about this to you at any time? - All that ever he said was, you have got your money, why do not you let me go, I told him I could not.

That was all he said? - Yes.

Court. Was the bill that Bettersworth took from you and stopped, the same that you received from the prisoner? - Yes, the second time.

Was it out of your possession at all till you delivered it to Mr. Boddington's? - No, I am sure of that.

Then every thing that was written upon that bill when the prisoner delivered it to you, was written upon it when you delivered it to Mr. Boddington? - Yes.

Court to Bettersworth. Does the bill remain unaltered? - Yes.

It has been in your possession ever since? - Yes.

Look at the acceptance again more particularly, and tell me whether you are sure it is not the acceptance of that house? - I am sure it is not.

What is the firm of your house? - B. and T. Boddington, there are no other partners.

(The Bill read.)

"Exchange 52 l. 10 s. sterling, Antigua,

"13th of November 1782, at thirty days

"sight, pay this my third of exchange,

"first, second, and fourth of the same tenor

"and date, not paid to order of Alexander

"Grant, the sum of 25 l. 10 s. sterling,

"value received, as per advice, and place

"the same to the account of, gentlemen,

"your most humble servant, James Gordon .

"- To Messrs. Benjamin and Thomas

"Boddingtons, merchants in London. -

"Indorsed Alexander Grant : Accepted the

"15th of January 1783, B. and T. Boddington."

Court to Mr. Bettersworth. You said there was some suspicion arose from the letter you received? - Yes.

From what? - From the contents of the letter.

Jury. They were a set of bills of the same tenor and date, only for that sum? - Yes.

Court. Do you recollect the day that this man came? - I am not correct as to the day.

WILLIAM ROBINSON sworn.

My Lord, my evidence will not go farther than Mr. Bettersworth's, I am clerk to Messrs. Boddingtons, I did not see the porter give the bill, I first saw it when Mr. Bettersworth came in on the 13th of January, I put it into a drawer, where we put bills, some of the clerks took it out, I suppose to enter it.

How came it from your house again? - In that particular I believe, Mr. Bettersworth was wrong, because it was not given back again, because the first bill remained at our house, and I have it in my pocket now.

Court. Produce it? - That is the bill, that was first brought my Lord.

Then this is the bill that was left at your house on the 13th? - Yes, I know it by the number on the left hand corner.

You never saw the prisoner at the bar at your house? - Not till he was brought by the porter.

Does anybody accept bills at your house? - They never do.

Court to Hepworth. What became of the other man? - He left the house the day before the prisoner was taken up, and he came the 16th and 17th, and said, he came to see the prisoner, who had some shirts of his.

PRISONER's DEFENCE.

I have nothing to say, I have no witnesses.

Court to Jury. It seems that the bill itself is a genuine bill of exchange, the charge is for forging the indorsement.

Jury. I understand your Lordship, that there was a letter sent from the prisoner to Messrs. Boddingtons, to know why they did not accept the bill, will your Lordship, indulge us with comparing the letter, with the acceptance of the bill.

Court to Hepworth. Should you know again the letter that you carried from the prisoner? - No, my Lord, it was wafered up.

Court. Look at that letter and see whether you know it, speak with caution? - My Lord, I believe it to be the same.

Have you a distinct knowledge of it? - I am not quite sure.

Jury. How long had you this letter after the bill was left for acceptance? - The afternoon of the same day.

GUILTY . Of the second and fourth counts. ( Death .)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830430-69

316. JOHN BROWN was indicted for that he, well knowing that one William Richards had lately served our Lord the King, as a seaman on board the ship, called the Goliah, and that certain prize money, was due and payable to him, the said William, for the service of him the said William, on board the said ship, he on the 24th of April last, feloniously, willingly, and knowingly, did personate, and falsely assume the person and character of the said William Richards , in order to receive the said prize money then due and payable for, and on account of the said service, of the said William Richard 's, on board the said ship, against the form of the statute .

BENJAMIN HITCHINS sworn.

What are you? - I am a navy agent, I saw this man first, on the Thursday the 24th of April last, at the Castle in Mark-lane , I was there to pay some prize money, for the prizes taken in Admiral Barrington 's squadron; there were fifteen ships; the prisoner applied to me, in the name of William Richards in the Goliah, he came up with another man, he said, his name was William Richards of the Goliah; I refered to the prize list, and found that Richards was dead, I bade him wait a little, I went to a gentleman in the business, asking him what I should do, he said, appoint him to come to their house, and it would be effected; Richards's money was two guineas and a half, he came two or three times to the Castle, he went there at my request, and came up again in half an hour, he said, he thought it very extraordinary that the other men were paid, and that he could not be paid, I told him I could not help it, I appointed him to come to me at Bond-court, Wallbrook.

Did you ask him distinctly his name and the ship he belonged to? - I did, Sir, two or three times.

Are you sure, Sir, that he said, his name was Richards, and that he came for the prize money of the Goliah? - Yes, there had been two distributions before.

Court. You are sure the prisoner was the man that applied to you? - I am too clear of it.

You have not a doubt? - Not the smallest.

THOMAS DYKE sworn.

I am a clerk to pay off the prizes, I know just the same as Mr. Hitchins has told you, I am sure that is the man, I was with Mr. Hitchins at the time, I was the person that took him, I was at Mr. Bond's in Bond-court, Wallbrook, when he came there in the afternoon: He came into the court with two more, one said his name was John Kennedy , which is dead, another man said, he came with them, he said, that his name was William Richards of the Goliah, and that he came for his prize money; then I went for a constable, and when I came back with the constable, I saw the prisoner and the other man run out of Bond-court, I pursued and took him.

- RUTHERFORD sworn.

I was at Mr. Bond's in Bond-court, the prisoner came in with another man who called himself John Kennedy , and a third, who called himself Butler; and he asked for money in the name of William Richards of the Goliah; I sent out the last witness for a constable, he was gone half an hour, and the men seemed to suspect something; and wished to go, and the prisoner particularly, he said, he would go and get a certificate from his lieutenant, I took him by the back of the coat, and put him into the room, and told him we knew his errand, and that he should not go; I ordered a man to lock the door; Butler desired the door to be opened, and then the prisoner and Kennedy came up and run off together.

SAMUEL INMAN sworn.

I am a clerk in the Navy-office, I have the books belonging to his Majesty's ship the Goliah, here is the name of William Richards , he died the 20th of October 1782, slain in fight, off Gibraltar.

Who was entitled to his prize money? - His lawful representations.

Court. Have you looked through the book of the Goliah to see whether there is any more of the name of William Richards ? - I have looked through, there is no more. This book has been carefully examined.

CHARLES SMITH sworn.

I am first lieutenant of the Goliah, I was on board her at Gibraltar, the prisoner's name is John Brown the third, I know he always went by the name of John Brown the third, he served with me near thirteen months.

Court. When was he discharged from the ship? - When the ship was paid off.

Not until then? - No.

Do you find his name in the books of the Goliah? - I do.

Do you remember any thing of the person of Richards? - No.

Court. By this book, the prisoner Brown appears to have entered before Richards, and to have continued after him; was not John Brown entitled to at least the same share of prize money which William Richards was? - Certainly.

Council for Prosecution. Had Brown received his prize money? - By the books it appears it had.

Court. Have you the pay book here? - No, Sir.

When did you look to see whether Brown had received his prize money - After he had offered to receive under the name of Richards, I paid the prisoner his money, it was only a guinea, there had been two distributions made of this prize money sometime go, but Richards had been called, and his representatives had not appeared.

Did you recollect his person when he applied before to you? - No, I did not.

Court to Smith. Was this man ever known on board the ship, by the name of William Richards ? - No.

Does not it frequently happen, that men on board of ships are mustered by false names? - Certainly very often, what we call a travelling name: It is too frequent.

You do know whether he was ever called William Richards , on board the ship? - I never heard him called so.

JOHN CLAPP sworn.

I was Captain's clerk on board the Goliah, I remember the prisoner, he went by the name of John Brown the third.

Was there such a man as Richards on board? - I do not recollect his person, I saw him laying down in the cock-pit after he was wounded, and they told me it was William Richards .

This was not the man? - No, Sir.

Was this man ever known by the name of William Richards on board the Goliah? - No, Sir.

What became of William Richards after he was wounded? - He died the same day.

PRISONER's DEFENCE.

Another man put my name down, instead of the name of William Richards , then he went to Dick Butler , and told him my name was John Brown, they gave me a note to the agent, and he put my name William Richards , instead of John Brown.

Prosecutor. The first time this man was examined before the Lord Mayor, he asked him his name, says the Alderman, what is your name, says he, William Richards , says the Alderman, that must be a mistake, for he is dead, says he, it is not a mistake, for my name is William Richards , and I am not dead yet.

Court to Lieutenant Smith. What character did he bear on board? - I never knew him otherwise than to be strictly honest, and particularly active, I never knew any harm of him while he was on board the Goliah.

GUILTY ( Death .)

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830430-70

317. JOHN MILLS was indicted for that he being a person of a wicked mind and disposition, with force and arms, on

purpose, and of malice aforethought, and by laying in wait, on the 29th of March last, unlawfully, feloniously and maliciously, did make an assault on one Thomas Brazier , being a subject of our Lord the King, and in the peace of God, and our said Lord the King, then and there being, with intent to main, and disfigure the said Thomas Brazier , and with a knife made of iron and steel, value 1 d. unlawfully and feloniously, did slit his nose, with intention to maim and disfigure him against the statute .

THOMAS BRAZIER sworn.

I am carman to Messrs. Barwis and Co. grocers, No. 28, Snow-hill, I was going up Holborn-hill , past St. Andrew's church; on the 26th of March last, about a quarter after eight; I was walking opposite the tail of my cart to watch it, I had eleven lumps of sugar in my cart, and a man came and struck me across the mouth with something very cold, I cannot tell what it was, then there was four at the tail of my cart; I got my stick out to defend myself, they kept hooting and hallooing, and making a nose, then hurled great stones at me, and hit me a terrible blow on my left leg; then there came a great many of them round me, at the bottom of Fleet-market, and they surrounded me at Mr. Furneaux and Wilson's door, where I tried to push in but could not, two women got to the door and prevented me; I held my stick up before my head, to defend my head: They struck at me and cut me several times, they stabbed the frock I have on in four holes, and they cut a bit of my hair off, and a great gash in my head; here is the handkerchief I had on that night, and it was whole then; there is that mark that I got a stab through the ribs.

Where else did he cut you? - No otherwise than across the nose and face.

Did you see who it was that cut you? - I cannot swear to the man.

Court. Did you see what weapon it was with? - No.

Is any part of your nose cut my friend? - It is cut, the middle of my nose.

Prisoner's Council. I think you say you did not know the person of the prisoner? - I recollect something of his face.

This was a very dark night? - Not so very dark.

No moon at all that night, and there was a great mob, if I understand you rightly? - Not till I was cut.

This was in the open street? - Yes, it was on the paved stones.

Court. What was all this quarrel about? - We had no quarrel at all.

How came all these people to have such an inveterate dislike to you? - I cannot say, my Lord, unless it was the night before; I disappointed them the night before, in robbing my cart.

Did you know none of them? - Not as I can swear to.

Had they no acquaintance with you? - No, I never was acquainted with such people.

What people were they? - I should not call them very good sort of people, to go about getting their bread that way.

I do not find that night that they attacked your cart at all? - It was a good reason why, because I suppose opportunity did not suit them.

Court. Was you sober? - There is my master who will say, if ever he knew me drunk in his life, or any body that knows me, I was coming from the other end of the town, from Grosvenor-street, I was bringing eleven lumps of sugar.

Did you lose any sugar that night? - No, as they told me I lost none.

Did they say any thing to you? - No farther than

"damn him, knock him down," I heard no other expressions but hooting, and hallooing, there was no words between us.

What was you to be knocked down for? - I cannot tell that.

Had you run against any body with your cart? - Not that I know of.

Did any body quarrel with you, for running against any body? - No, never, neither that day nor any other time.

Court. Then you do not know why they made this attack upon you? - No.

Whereabouts was it that you was attacked before? - About St. Andrew's Church the first time, I have been attacked three times, as I came down the hill the last time, I had nothing in my cart but my bags.

You do not know that these were the same persons that attempted to rob your cart? - No.

Had you had any quarrel with any body any short time before that? - No, never, not at all.

ALEXANDER SCOTT sworn.

I am engine keeper of St. Andrew's, Holborn, I know Brazier: coming down Holborn-hill, at the end of Plumbtree-court, I heard a noise; and I saw Brazier with what they call a stretched staff in his hand, which belongs to the cart, holding it at eight or nine people of whom the prisoner is one: Brazier was at the tail of his cart, halloo! says the people,

"damn him, knock him down; now blast him, why do not you go it," and he in the mean while kept aiming at them.

Court. Did he strike? - He did not strike; one says,

"damn your eyes where is your knives;" several said so; at the end of the Swan-yard they trod my shoes down at the heels; I still kept close to them, but said nothing at all, and as Brazier was opening Mr. Furneaux and Wilson's door with his right hand to get in, the prisoner cut him with a knife, across his ear to his nose.

Court. How near was you to the prisoner at the time he did that? - About two yards, and the blood of the man's face flew on my left hand; they made another aim at him, and broke one of the panes of glass, and there is the blood on the door to be seen now.

What was that aim made with? - With a stick; it was broke by one of the gang; my eyes were fixed on the prisoner.

Could you see whether it was one of the gang, or whether it was Brazier? - I will not say that.

Are you sure the prisoner was the man that cut Brazier? - I am sure of it.

What became of him after this? - I stooped down to put my shoes up at heel, and they were all gone.

When did you see the prisoner again? - Not till this day week, I saw him at a publick house by the Rotation-office, in Litchfield-street.

In custody? - Yes, I spoke to Mr. Barwis's people about the man being cut, and I said, I knew some of them, by being engine keeper of St. Andrew's, Holborn, there are a number of pick-pockets and thieves attend that place, and my idea was to look at them; this is the man that cut the man; I have seen him before on that spot an hundred times and more.

What business did he follow? - I do not know.

Did you know his name? - No.

Did you know the person of ever another of them? - I know the persons of several that were there.

What are they? - Thieves.

How long before the cut was made, was it that you saw him? - It was done in less than five minutes; there was hallooing and hooting, the same as they would at a mad bullock; I heard no quarrel, I did not hear the man say a word; I heard them cry,

"damn your eyes, where is your knives; ah! blast you, where is the knives;" and he cut him; I saw him do it.

Can you tell what it was that offended them? - I did not see the beginning of it.

Prisoner's Council. You say you had not an observation of above four or five minutes? - No.

So then all you said was, you knew some of them? - Yes.

You did not say to Mr. Barwis's people that you knew the man that had cut Brazier's face? - No.

Nor you did not tell Brazier that you knew the person very well, and had seen him an hundred times? - No, Sir, if I had known where to have found him, I would have gone that night and took him.

Did you, to Mr. Barwis's people describe the person and dress of the prisoner? - Yes, I have told my Lord now, I knew him before; I did not say so before.

I should think it was natural to have

said so then? - I do not know, I knew the prisoner's face; I cannot be deceived in a man's face.

WILLIAM ROBERTS sworn.

I was going along Whitecross-street, I happened to meet with the prisoner, I said, to the rest of my brother officers that were with me, here is Mills, he is wanted for cutting the carman coming down Holborn-hill; I immediately took him in custody, and took this knife from him, and afterwards he said, he wished he had put it into my bloody hearts liver up to the bilt, all of us; and that if he had seen me ten minutes sooner, I should have been a dead man; he said nothing about the carman.

Prisoner's Council. What are you? - An officer belonging to Justice.

You have been unlucky enough to be a lodger just by here, have not you some time, you know what I mean? - Yes, and what of that.

- HATTON sworn.

I am an officer of St. Ann's, Westminster, I was present when this man was apprehended; I saw this knife taken from him, and he declared there, if he had ten yards more of liberty, he would run it up into our bloody hearts.

THOMAS TIBBS sworn.

I am constable of St. George's, Bloomsbury, I was present when the prisoner was apprehended; Roberts saw him coming along; we went to him, and laid hold of him, and he was very unwilling to go, and he said, if he had but a little more liberty, damn his eyes if he would have gone at all.

Did you tell him, you wanted him for cutting the carman? - Yes, he said, he knew nothing of it, and that knife was found upon him, he said then, that if he had but ten yards further liberty, he would have stuck it into our bloody hearts, and many more bad expressions of the kind: he damned us and would not be taken then, he and some more of them were going to take a walk that afternoon.

He said nothing more about the carman? - At Litchfield-street, he seemed to be very much confused when he saw the carman, and Mr. Scott came, and I thought I heard a faint word come out, that he was a dead man; he rather dropped his countenance, and I understood him in the best manner I could, that he was a dead man.

Prisoner's Council. If I understood you right, you do not know what it was he did say? - He spoke something that was the best I could understand, but he changed countenance greatly.

BENJAMIN HOLLINGSWORTH sworn.

I am a surgeon, I was called in between eight and nine in the evening, of the 26th of March, I found Brazier in Mr. Barwis's counting house, I found one wound on the right side of his face, which divided the under part of his nose, that is the part which separates the two nostrils, which divides the upper part; the whole cheek was divided quite in two, so that I could see his teeth and gums from the nose to the ear quite; he had two other cuts on the left ear, one took off the lower part of the left ear, and the other was underneath it.

According to your account that part of the nose was fairly cut through? - The under part that separates the nostrils was divided quite, we call it the sceptum; the under end, and each side of each nostrils was touched, but not much divided, that gristle was divided so, that it was laid down.

Court. Is it what you commonly understand by slitting the nose? - It belonged to the nose, the whole lay over his chin, and his teeth shewed through.

Court. A deep cut that penetrated quite through the whole substance of that part, and so through the cheek to the bone? - Yes, the cheek was cut through compleat.

Court to Prisoner. John Mills , you stand charged with a most grievous offence indeed, and the witness has sworn positively to you, what have to say for yourself.

PRISONER's DEFENCE.

I am quite innocent, I never saw any one of the men in my life.

Court to Prisoner. Can you give the jury any satisfactory account of yourself, that may induce them to believe that you are

not a man that would commit such an offence, what way of life have you been in? - I am a heel-maker.

Can you shew the jury that you are an honest man, that you live in a habit of honesty and sobriety? - I do in no other way.

Have you friends here to speak to your character? - I have none now, they were obliged to go home, I thought my tryal would have come on last week.

Court. You could not suppose that, nor could your friends; there is no pretence for it.

Court. Gentlemen of the jury, this prisoner stands indicted for an outrage which is charged, as having been committed on the person of one Thomas Brazier , which the indictment brings within the scope and meaning of the act of parliament passed in the reign of Charles the IId. commonly called the Coventry Act, which was made on a particular occasion, when certain armed men had laid in wait for Sir John Coventry , a man of rank of that time, who had given offence to somebody, and they meant to wound and disfigure him by slitting his nose, and by other wounds and maims to disfigure his person, and possibly ultimately to kill him: that was the foundation of this act of parliament which recites that particular transaction, and

"that

"if any person shall on purpose," (you will attend to all the words here)

"and of malice

"aforethought and by laying in wait, unlawfully

"cut out or disable the tongue, put

"out an eye, slit the nose, cut off the

"nose, or cut off or disable any limb or

"member, with intention in so doing to

"maim or disfigure in any manner before

"mentioned, such person shall be guilty

"of a capital offence." You see therefore it is not the more simple outrage of one person upon another that is the subject of this charge; the mere wounding a man, the mere assaulting a man and slitting his nose, or otherwise wounding him, not attended with those circumstances so particularly mentioned, would still remain a great misdemeanor only; or if it came to what is called in the law maiming, it must be an offence of another description; more is necessary to constitute this offence; here the outrage is to be committed with a certain degree of preparation, watching an opportunity for the purpose, and with a certain degree of deliberation, that may mark intentional malice, a wilful and deliberate intended act of cruelty; that is what is imputed to this man: In short he stands accused of having wilfully, deliberately, maliciously, on purpose, and by watching an opportunity for it, and with intention to maim, having actually slit the nose of this Brazier. Now the question you are to try will be, whether he is guilty of the offence as it is described, therefore you will watch the circumstances which shew the deliberation, and the premeditation, and the intent to commit this particular crime, I cannot say you have much assistance from the evidence you have heard; for it is left a good deal to conjecture, to make out what was the ground which these people (be they who they may) had for attacking this man in the manner in which he was attacked; it is a conjecture, that it was done by way of revenge, because he was so watchful, that he would not suffer a parcel of thieves to rob his master's cart; therefore they meant by way of revenge, to mark any man, who should dare to be so vigilant a servant to his master, and to deter other servants in future, from preventing their committing their depredations: Whether that was their reason, will be one of the subjects for you to judge of; and perhaps, that may furnish you with a sufficient key, by which to understand all this case, and which may be a sufficient foundation for you to infer, that when these people found they could not attack the cart with success; that they set themselves to consider how to set a mark on the man who prevented them; in order to punish him, and to deter others from being

guilty towards them of that sort of diligence, which prevented them from committing their intended robbery: If that is not the key to it, I profess I am perfectly at a loss to know, whether it was a sudden violent impulse of rage, on some sudden quarrel, which I cannot come at; or whether it was some other act of revenge on some other ground which has not come out; the prosecutor prosesses not to know the cause, and none of the witnesses are able to tell: the prosecutor tells you, &c.

(Here the learned Judge summed up the evidence as before mentioned).

As to the prisoner's saying he was a dead man, though it manifests a degree of conscious guilt, yet you will observe, that words which are not heard distinctly, are not to be relyed upon. Gentlemen, this being the nature of the evidence, the prisoner rests his defence on a general averment of not guilty: You are therefore to consider, whether he is proved to your satisfaction to be the man, who cut this Brazier in the manner you have heard; and in the next place, whether the manner of it, and the circumstances attending it, are sufficient to satisfy you that it was done maliciously, of malice aforethought, and by laying in wait, and with intent to disfigure.

Every riotous outrage that is committed on a man, certainly is not within this Act of parliament; there may be a sudden quarrel between persons, and if one man should from the maliciousness of his heart take out a knife; if death had followed, it might be murder, but if death did not ensue, it would remain an assault in the consideration of law, but nothing else but an assault: To make it more, it must be attended with those circumstances of preparation, premeditation and deliberation, and intending to do that sort of injury: It rests entirely upon the engine-maker, as to the person of the prisoner; and he swears very positively, if you are satisfied that he has spoken upon good grounds, that the prisoner is the man that gave the wound, then we are advanced thus far towards compleating the present enquiry: if he is the man that committed the fact, the next question is upon those grounds of deliberation, preparation, premeditated malice, and intend to do this sort of mischief which I have mentioned, and which make a considerable, part of this offence; and as to which I cannot find myself a particular ground for this outrage, what it was that led to it, is to me extremely in the dark, and therefore very difficult to find a probable cause for; the engine-maker has told you, that before this cut was given, they said where is your knifes, and that after the cry, where is your knifes, it was that this cut was given; now if that was the signal that was to be held out for them, and one drew his knife, and took the first opportunity to give this man the cut, this is laying in wait here for him; if that is not sufficient, it is hard to find any circumstances, in the case from which it can be inferred. If he is not guilty of the indictment in the extent of it, he is not guilty at all; and in pronouncing guilty or not guilty, you will take the circumstances all of them into your consideration, if you find him guilty of the whole offence, then you will say so; if you find he was wounded by the prisoner; but that it was the effect of some sudden impulse, not of deliberation or malice, then he must be acquicted; if you have any doubt whether he was the person that gave the wound, of course you will acquit him.

Jury. Was the prisoner one of the gang the two preceding nights.

Court. With respect to laying in wait, a man who has a purpose in his mind to do such kind of mischief, and does deliberately watch an opportunity to do it, I think lays in wait: I do not think it is necessary for a man to plant himself in any place, and then to come out of his lurking place to do it, if he forms such an intention, and comes up behind him, and takes the opportunity of doing, that is laying in wait; and I think we need not stretch that circumstance to any particular length of time, or to any extraordinary degree of preparation,

if he seizes a convenient opportunity of doing it, and does it with deliberation.

GUILTY , Death .

Tried by the London Jury before Mr. Baron EYRE .

Reference Number: t17830430-71

318. WILLIAM RUTLEY PRATT was indicted for burglariously and feloniously breaking and entering the dwelling house of John Priestly , at the hour of nine in the night, on the 18th of March last, and burglariously stealing therein one silver table spoon, value 20 s. one silver wine strainer, value 30 s. three silver salt spoons, value 6 s. one silver bottle label, value 2 s. two pounds weight of mace, value 30 s. and a pair of small scales, value 1 s. the property of the said John Priestly .

JOHN PRIESTLY sworn.

In live in Lower Thames-street , on Wednesday morning the 19th of March, a little before five I was alarmed by the ringing of my shop door bell; and the watchman said your house is broke open.

Court. Was it day-light then? - No, my Lord, I believe not, I rung my own bell, in my room to alarm the family, and then we all went down together; coming down to the bottom of the stairs leading to the shop, I found that door locked; I opened it, then looking into the shop, I found some person had come into the shop out of the cellar, there was a hole cut through the door, and he got his hand in, and pulled back the bolt, the door was then open; looking further into the shop, I perceived two of the rails of the banister taken out; upon the counter there stood a drawer with some mace, part of which was out; I found the desk adjoining was broke open; I found these tools on the counter, a gimblet, a chissel, and some iron bars, and this dark Janthorn in the cellar; perceiving these rails out of the banisters, we went up stairs, and found the dining room door open and some plate gone.

How could they get out of the shop up stairs? - By taking these two rails out of the banister.

Had the dining room door been locked? - I cannot particularly speak to that, what else did you miss? - The first was a silver wine strainer, a bottle lable, three salt spoons, and a large gravy spoon, which I apprehend was taken out of the kitchen.

Did you observe the outer fastenings of the house? - I found every outer fastening perfectly safe, as we left them the night before.

Did you examine the cellar? - There was no way to get in but one, which was thro' a hole, where we shot the coals, I do not know that that was any way secured; it had not been open for too or three months, it was a common passage, and hardly visible.

What was it covered with or shut with? - It was a boarded passage, and one part lifts up in order to shoot down coals into the cellar, and that board was lifted up, and not fitted down.

Court. By that hole there was a way to the coal hole, which is in the cellar, and that communicated with the door that came into the shop? - Yes.

Had your doors and windows been fast the night before? - They all were, I saw them bolted myself and fastened.

What circumstance led you to charge the prisoner with this fact? - I was confident that no man could come there, but one that was used to the house, the prisoner had lived with me as porter above 11 months, he had left me one month, I suspected him.

What did you do in consequence of that suspicion? - About ten that morning I went to the public office, in Bow-street, and described the prisoner's person, and when I had given the information, there was a person under examination in the inner office, and it was the prisoner; a man having stopped him, where he went to sell some mace, which mace was mine; but I did not know he was there, then I was sent for again that day, but was not at home; on Friday I went again, and the mace was produced.

Court. I suppose you could not swear to mace? - I could not, but the quantity

corresponded intirely; Sir S. Wright desired it to stand over till Friday following, to see if he could get any further proof than that of mace only; the prisoner totally denied the robbery; before the next Friday, in his box was found my money scales, with some of his cloaths, I was present, the box was found at the prisoner's lodgings in East Smithfield, one of the officers fetched the box, and I saw it in Bow-street.

JOHN BEAMISH sworn.

I searched the prisoner's lodgings, I found a box with some cloaths in it, and these money scales: there was nothing else belonging to the prosec utor; I brought the box to the office.

Did you produce these money scales there? - I did before Mr. Priestly had known I had brought the box away, when the prosecutor came he saw them, they have been in my possession ever since.

Did he know them? - He knew them immediately.

Court. Did he mention having lost such a pair before he saw them? - I do not know that he did, my Lord.

Court to Prosecutor. Did you see these at the office? - Yes, I did, I saw them in the box, they were in the place in my house, they always were behind the counter on a shelf under some books; they were the night before, it was the night of the eclipse.

What do you know them by? - There was a scratch on them, I have not the least doubt of them being my own.

Court. Did you ever find any of your plate? - The officer is hore, my Lord, and the person who bought some of the plate.

FRANCIS HUMPAGE sworn.

I attend Bow-street, and take prisoners backwards and forwards to goal; after the prisoner had been examined, and the prosecutor sworn to the weights and scales, and the prisoner was fully committed, I says to the prisoner you had better tell where your master's plate is; he in a confusion said, says he, if you will go backwards with me, I will tell you where it all is.

Prisoner's Council. You told him it would be better for him? - Yes, I said not might as well tell me.

You know there was somebody presented upon your oath, Sir, did not tell him, that if he confessed, the indictment would be thrown out at the Old Bailey? - No, Sir, never such a word.

Upon your oath, Sir? - Upon my oath.

There were other people there present you know? - There was another man.

You began your evidence by saying you told him, he had better tell where the plate was? - I do not know that I said any such word, I said, he might as well tell it.

What did you till him to induce him? - I did not tell him any thing; I said, he might as well tell, that is what I said at first.

Court. Did he tell you where the plate was? - He said he had sold some in Oxford road, and the other was thrown into the necessary.

Court. Into what necessary? - At the Brown Bear , in Bow-street.

Court. Did you go to the place where he told you? - Yes, the gentleman is here.

What is his name? - Kemon's.

This is what I found in the vault at the Brown Bear .

No promise of favour? - I told him it could be no worse for him, he might as well tell where it was.

You are sure you did not tell him it would be better for him, or that he should not be prosecuted? - I did not indeed.

Court. What is it a table spoon? - A gravy spoon, part of it.

Court. It is charged in the indictment a table spoon.

Prisoner's Council. This is larger a great deal.

Humpage. We emptied the necessary, but we could not find the strainer, he said, it was in there, but we could not find it.

Prisoner's Council. You heard, my Lord very explicitly ask you the question, whether any promise was made? - I promised him nothing at all, it was out of my power to promise him any thing.

You know there is a reward? - It is not for that.

We will consider that afterwards, you know that I suppose? - I suppose that I am liable to know it as other people.

Do you know it or not? - I suppose I was doing my duty not for the sake of the reward.

Do you know there is a reward? - Undoubtedly by law.

You do not expect to get credit before these people by behaving in this manner, there was somebody present at this time? - There was.

Should you know that man again? - I believe I should, is not it Mr. Stapp.

How came you endeavour to persuade this man to make this confession to you? - I did not endeavour to do it all, there was sufficient proof before.

You pursuaded him, did not you? - I told he might as well tell where his master's plate was, I did persuade him, it is our duty to find out every thing.

No, it is your duty to carry people to goal; so then you are a Justice, as well as witness and goaler: Was not there something said, about the indictment being thrown out at the Old Bailey? - How could I say so.

Was it said? - No.

How long have you been a servant to New Prison? - Three years.

You have heard that, if promises were made they would set aside a confession? - I am not talking about promises.

But I am, you shall answer me? - Well Sir, I never made any promises.

Answer the question, have not you heard that where promises are made they will set aside the confession? - I have heard it.

How came you then to say, when you began your evidence, that you told him it was better for him to confess? - I did not say so.

Then I will appeal to the Court and the short hand writer: What say you now, will you still persist? - To my knowledge I did not say such a word, no man can say I did.

What will you persist, after it is told you by the Court, and the short-hand writer, and myself; consider my friend, there was a person present? - Well, if there was Sir, I would not false swear myself for you Sir, nor for nobody here.

These gentlemen will judge of that afterwards, that person that was present then, is present now, will you persist in it still? - Yes, I will.

You did not tell him that the indictment would be thrown out at the Old Bailey, and he would be discharged if he confessed? - No, I never did, I might say better or as well.

Court. You are sure you said nothing more to him? - I am positive I did not.

JAMES KEMBLE sworn.

I am a silversmith and hardware-man, I produce some salt spoons broken; a wine label, a chain, and part of a gravy spoon, I bought them of the prisoner on Wednesday the 19th of March, about eight in the evening; I never saw the prisoner till that morning, he said, he had them of a country man, and he thought he might as well get a penny that way as any other; I paid him 17 s. 6 d. for them, and he said, he cleared 5 s. by them; the part of the spoon is gone to the resiner's; they weighed about three ounces and five or six penny weights, I reckoned it at 5 s. 6 d. as silver was 6 s. 1 d; I gave him that price within, I believe, twopence or thereabouts.

Court to Priestly. Should you know before you look at them, the things you lost? - Most assuredly, my Lord, I should, there is a writen P. on the salt spoons; the label, I have been accustomed to for a number of years.

What wine was it for? - Port wine, it was left on the sideboard.

Court. Then with regard to the salt spoon that had no mark to it? - I am sure it is mine; we had one without a mark, it is longer than the other.

(The Things deposed to.)

Prisoner's Council to Kenwin. When you first saw this man after, you did not

know him again I believe? - I was not so positive to his person then as I am now.

What makes you more positive now, than you was then? - I had more time, I have seen him since by himself from the office, and I went over to the Brown Bear to look at him more fully.

It is a very simple question, had you not then on doubt upon your mind whether this was the man? - I had then, I am positive now: I recollect him since, I recollect his features.

I suppose you buy a great deal of old plate or broken plate? - Yes.

You throw it amongst the rest of the plate? - Yes, but this I kept by itself with intention to have it mended; the other part of the old spoon was thrown by.

Court to Humpage. Was this silversmith the man that you found by the prisoner's directions? - Yes, we went in a coach, and he shewed us the door, and this gentleman came out.

EMANUEL CROW sworn.

I am apprentice to the prosecutor, on Wednesday morning the 19th of March, I was called up, and was the first that went down into the shop, and saw the street door was open as near as I can tell; I could put my head through; and the chain, and the bar, and the pin, was put on the left hand side; I saw the mace on the counter, with that crow, I saw the cellar door cut; it opened very easy; I soon perceived that the pully and cord were from it; it never opened so easy before; I saw that two nails in the bannister were taken out; I saw the lanthorn on the necessary in the cellar; I looked round the cellar with the watchman to see if any body was there; I went all over the warehouse and the shop.

THOMAS WRIGHT sworn.

I live the corner of Rathbone-place, in Oxford-street, on Wednesday the 19th of March, about eight in the morning, the prisoner came to my house, he brought this little parcel in his hand, he desired me to weigh it, saying it was mace; I weighed in there was exactly, two pounds of the then said, that was right, that was what he bought it for, I asked him where he bought it, he said, of a man that he met in Dean-street that offered it to him he said, he did not know there was any harm in it; he said, he gave fourteen shillings a pound for it, and he would sell it to me if I would buy it, for twenty shillings a pound; I told him, I would not buy it, unless he would give me a good account of it; I suspected it might be false packed; I took it into my hand, and turned it out, and saw it was all mace; I told him, I would not buy it, nor he should not have it again, without he gave a better account of it; and I took him into custody, and took him to Mr. Addington's, and then to Bow-street; he said, he lived with Mr. Priestly, and he had left him three weeks; I told him, I was afraid he had stole the mace; at eleven o'clock he was examined, and at the instant of time they were going to swear me, or had asked the man how he lived, and he told them the same story; one of the men came in, and said, that a Mr. Priestly had been there to give information, that he had lost two pounds of mace; it was so on a sudden, I really thought it was done on purpose, by way of extorting it from the prisoner, till I went to Mr. Priestly to make enquiry; the prisoner denied, and insisted that he bought the mace of a man in Dean-street.

Prisoner's Council. He told you at once where Mr. Priestly lived, and where you might find him? - Yes.

ANN GOODJOHN sworn.

The prisoner lodged with me about a fortnight, on the 18th of March, he went out about six in the evening, he always kept good hours, and he did not come home that night at all till about a quarter after five, and I said to him, William have you been in bed to night; he made me answer, yes, with his cousin that came out of the country.

Prisoner's Council. He was a very regular man? - Exactly so, never kept out late of nights before that night.

Court to Mr. Priestly. What quantity of mace did you lose from your drawer? - As near as I can tell, about two pounds.

Prisoner. My Lord, I leave my defence entirely to my council.

THOMAS STAPP sworn.

Prisoner's Council. What are you? - A poulterer in Clare-market, I was at Bow-street the 19th of March, I remember Humpage; I went promiscuously to see the prisoner at the bar; this gentleman was there but he rather persuaded the prisoner to confess, he told the prisoner, that the only way to save his life, was to confess and tell where his master's property was, to confess, and the indictment would be thrown out at the Old Bailey; says he, I would prevail on you as if you was my own brother, and that will be the only way to save your life; there was nobody present but the prisoner at the bar, this gentleman and me, in a room by ourselves.

Humpage. It is false, I never said no such word.

Court. When was this? - This was on Friday, when the prisoner was fully committed, I live between Clare-street and Holles-street, the least child there, or any body there knows my name, I am a master poulterer next to Mr. Richards's the tripe shop, that is as good a direction as I can give.

Is there one Andrews, a poulterer lives near you? - Yes, Sir, Mr. Morris lives close by me, I lived servant with Mr. Challenor about four years ago, and I said to an old acquaintance of mine who was coming along, says I, I am going in to see such a young man, says he, I will go with you, we went, and I said, William, I am sorry to see you here, says he, come and sit down, and the prisoner asked this gentleman to drink, and nobody was with him but this young man, and I, and the prisoner, and Humpage; it was in the tap room at Bow-street; we were in a room by our three selves; then he said, says he, I know more about the matter than you do, if you think I want to get any thing out of you for my ends, say nothing to me, but further than that, says he, it will be the only means of saving your life.

Court. Who was the young man that was with you? - His name is Henry Miller , he keeps a green shop in Tottenham-court-road.

When did you first tell these circumstances, and to whom? - I do not know that I told it to any body, till I told it to Mr. Railton's clerk, I told it to him in about three or four days after the prisoner was committed.

How came you to tell it to Mr. Railton's clerk? - The prisoner's father sent me a letter to apply to Mr. Railton, I wrote to him, and he knew that I knew of this matter.

Did you tell Mr. Railton that Mr. Miller heard it too? - I did not know that it would be of any signification, as he knew nothing of the prisoner only by going into the publick house.

Prisoner's Council. What has been his general character? - An extraordinary good one.

Court to Humpage. Is this true that this man has sworn? - No, my Lord, the words that he says are very wrong, as for telling him to save his life, it is no such thing.

Court. Who was present? - This man was present, I believe.

Was any body else present.

Stapp. Was not there a young man sat on my left hand side in the box, you sat on the prisoner's left hand, and this young man sat on my left hand? - I do not remember there were so many people in the house, I cannot remember.

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

Court to Jury. The rule of law with respect to the confessions of prisoners, is founded in justice, candor, and humanity, for though the law very properly does not exclude the confession of prisoners, which if it is made uninfluenced, is evidence out of their own mouths, and cannot be mistaken or misrepresented, if it is clearly proved; yet the law will not suffer men charged with crimes, and unassisted with

advice, to be either threatened, trapanned, or coaxed to their own destruction; therefore a confession obtained either by promises, or threatenings, cannot be received. With respect to the confession of the prisoner in this case, a great deal depends on the credit you give to the evidence of Humpage, as compared with that of Stapp: Humpage introduced his evidence with saying, that he told the prisoner now, that the scales are found in your possession, you had better confess where your master's plate is, and he not only swears, that he said no more than that, but in the other part of his evidence, he endeavours to explain it away; if it were as Humpage represents it, it would be straining the principle of law to say, that because a man says to another, you had better tell the truth, therefore his confession shall be excluded: therefore if the evidence of Humpage is true, I am clearly of opinion that the prisoner's confession ought to be attended to; but the evidence of Stapp is extremely different, and if that be true, he confessed under a direct assurance that it would be the only way to save his life: therefore, whether you will take into your account, the confession of the prisoner or not, must depend on the opinion you yourselves from of the credit of the evidence of Humpage or Stapp.

GUILTY ( Death .)

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-72

320. THOMAS EDWARDS was indicted for feloniously stealing, on the 17th of April last, forty pounds weight of copper, value 20 s. the goods of Godfrey Wilson and Thomas Wilson .

NOT GUILTY .

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

Reference Number: t17830430-73

321. ANN COOPER , otherwise MARY JONES , was indicted for feloniously stealing, on the 15th of May , two large paper books, bound in vellum, value 3 s. the goods of Thomas Hankey and Co.

NOT GUILTY .

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

Reference Number: t17830430-74

322. THOMAS MOSE and JOHN DRIVER were indicted, for that they on the 16th day of April last, feloniously and falsely did forge a certain order for payment of money, dated the 14th of April, 1783, for 127 l. 14 s. with intention to defraud Sir William Lemmon , Bart. and Co.

A second count for altering the same with a like intention.

A third and fourth counts for forging and uttering the same, with intent to defraud John Moore .

BOTH, NOT GUILTY .

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

Reference Number: t17830430-75

323. JANE PASMORE was indicted for feloniously stealing, on the 24th of April last, seven linen table cloths, value 30 s. one damask napkin, value 18 d. six diaper napkins, value 3 s. one handkerchief, value 1 s. one china dish, value 5 s. one stone dish, value 6 d. two stone plates, value 6 d. three half pint china basons, value 2 s. two cups and saucers, value 3 s. one knife and fork, value 4 d. and one piece of green cloth, value 1 s. the property of Samuel Marriott .

And JOHN BANKS was indicted for feloniously receiving part of the same goods, knowing them to be stolen .

JANE PASMORE , GUILTY .

JOHN BANKS , NOT GUILTY .

Jane Pasmore to be confined to hard labour twelve months in the house of correction .

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

Reference Number: t17830430-76

324. GEORGE NASH was indicted for feloniously stealing, on the 10th of April

last, two cotton gowns, value 40 s. one box, value 2 d. and one linen wrapper, value 3 d. the goods of John Lackin .

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-77

325. HENRY VINCENT was indicted for feloniously stealing on the 29th of March , four pieces of muslin, containing fifty yards, value 4 l. and one linen package, value 6 d. the property of Thomas Walker .

A second count for feloniously stealing the same things, laying them to be the property of persons unknown.

GUILTY .

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

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-78

326. THOMAS MILLINGTON was indicted for feloniously stealing on the 22d of March , four hundred and eight yards of muslin, value 111 l. and one hundred yards of muslin for handkerchiefs, value 26 l. and two linen wrappers, value 5 s. th e goods of John Powell .

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-79

327. HENRY HUGHES , otherwise HARRY HUGHES , was indicted for feloniously stealing on the 5th of March , one brass escutcheon, value 5 d. one candle shade in a Japan case, value 3 s. one pair of steel snuffers, value 1 s. six dozen of brass screw rings, value 2 s. 6 d. one money balance, value 7 s. 6 d. one pair of scales and box, value 4 s. one pair of steel doubters, value 10 d. one extinguisher, value 6 d. one steel spectacle case, value 1 s. 4 d. one pair of steel nutcrackers, value 1 s. 9 d. one pair of curling irons, value 7 d. one pair of scissars, value 6 d. two toasting forks, value 7 d. one corkscrew, value 8 d. a gun ramrod, value 6 d. eighteen iron keys, value 5 s. one brass lock and iron key, value 3 s. one small lock, value 4 d. one brass latch, value 6 d. and one pencil, value 2 d. the property of John Butts and Christopher Hand .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-80

328. WILLIAM MONDAY was indicted for feloniously stealing on the 14th of March last, one bottom of a copper lamp, value 2 s. 6 d. one iron scale beam, value 2 s. 6 d. one piece of brass, value 6 d. four copper covers for saucepans, value 3 s. 9 d. ten pound weight of brass, value 6 s. one copper coffee-pot value 12 d. one coffee-mill, value 12 d. one pair of scissars, value 6 d. and one hempen bag, value 6 d. the property of John Butts and Christopher Hand .

GUILTY .

To be confined to hard labour six months in the house of correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-81

329. PETER DUNCAN was indicted for feloniously stealing on the 28th of March last, one silver pepper castor, value 10 s. the goods of Thomas Hurd .

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-82

330. SARAH SMITH and MARY HURBIN were indicted for feloniously stealing on the 26th of April last, twelve

pair of white silk stockings, value 5 l. the goods of Charles Smith .

SARAH SMITH , NOT GUILTY .

MARY HURBIN , GUILTY .

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

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-83

331. GEORGE BAILEY was indicted for feloniously stealing, on the 22d of March last, one wooden box, value 6 d. and fifty-six pounds weight of starch, value 20 s. the goods of Walter Turnbull .

GUILTY .

To be publickly whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-84

332. JOSEPH BRADFORD was indicted for feloniously stealing, on the 10th of April last, two pint pewter pots, value 2 s. the goods of William Andrews , and two other pint pewter pots, value 2 s. the goods of Duncan Campell .

GUILTY .

To be publickly whipped and imprisoned one month in Newgate .

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

Reference Number: t17830430-85

333. SARAH MORTIMER and MARY BATH were indicted for feloniously stealing, on the 29th of March , one silver watch, value 40 s. one leather pocket book, value 1 s. one penknife, value 6 d. one silver shoe-buckle, value 6 s. the property of David Bain .

SARAH MORTIMER , MARY BATH ,

GUILTY .

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

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

Reference Number: t17830430-86

334. CHARLES COLLINGWOOD JONES , CHARLES WOOLLET , JAMES UNDERWOOD , and CHRISTOPHER SMITH were indicted for feloniously assaulting Robert Foliew , in the dwelling-house of Richard Akerman , on the 21st of February last, and putting him in fear and danger of his life, and taking from his person and against his will, one man's hat, value 1 s. one linen handkerchief, value 1 s. one pair of shoes, value 3 s. one pair of base metal shoebuckles, value 6 d. and six half-crowns, value 15 s. the property of the said Robert .

ALL FOUR NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17830430-87

335. THOMAS BARNSLEY and WILLIAM COX were indicted for feloniously stealing, on the 3d of March last, five yards of figured velvet, value 5 l. the property of George Black .

THOMAS BARNSLEY , WILLIAM COX ,

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17830430-88

336. THOMAS TYLER was indicted for feloniously stealing, on the 17th of January last, one cloth coat, value 30 s. one waistcoat, value 15 s. one pair of breeches, value 15 s. one man's hat, value 4 s. one pair of leather shoes, value 2 s. and one box, value 1 s. the property of Thomas Welch .

GUILTY .

To be publickly whipped and discharged.

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

Reference Number: t17830430-89

337. CATHERINE HARRIS was indicted for feloniously stealing, on the 12th of April last, one pair of silver shoe-buckles, value 15 s. one pair of silver knee-buckles, value 5 s. one pair of sleeve-buttons, value 1 s. and five guineas, and a half guinea , the property of Launcelot Read .

NOT GUILTY .

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

Reference Number: t17830430-90

338. ANN SHARP was indicted for feloniously stealing, on the 15th of April last, nineteen yards of printed cotton, value 2 s. the goods of Daniel Gardener and Richard Wilson .

GUILTY .

Recommended to be privately whipped and discharged.

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

Reference Number: t17830430-91

339. WILLIAM CARTER was indicted for feloniously stealing, on the 1st of April last, one pound and a quarter weight of Spanish wool, value 3 s. the property of Mark Weyland .

GUILTY .

To be publickly whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-92

340. JAMES PERRYMAN was indicted for feloniously stealing, on the 3d of April last, three quarters of a pound of rhubarb, value 12 s. eight smelling bottles with salts blown therein, value 4 s. and six ounces weight of cinnamon, value 4 s. the property of William Stock .

GUILTY .

To be confined to hard labour twelve months .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-93

341. BARWICK MARSHALL was indicted for feloniously stealing, on the 3d of April last, one silk handkerchief, value 10 d. the property of Thomas Eden .

GUILTY .

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

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-94

342. JOHANNA JONES was indicted for feloniously stealing, on the 25th of April last, one china tea-pot, value 2 s. one china milk-pot, value 6 d. two half pint basons, value 1 s. one plate, value 1 s. five cups, value 1 s. seven saucers, value 1 s. the property of Cornelius Swift .

GUILTY .

To be confined to hard labour six months in the house of correction .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-95

343. ANN BIRCH was indicted for feloniously stealing, on the 10th of March last, one brilliant diamond ring, value 20 s. one gold mourning ring, value 5 s. three sheets, value 8 s. one counterpane, value 3 s. the goods of Miles Whittaker .

GUILTY .

To be privately whipped , and imprisoned three months in Newgate .

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

Reference Number: t17830430-96

344. ANDREW DICKSON was indicted for feloniously stealing, on the 8th of April last, two French horns, value 10 l. and sixteen brass trumpet mouth-pieces, value 40 s. the property of Henry Woolfe .

GUILTY .

Transported for seven years .

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

Reference Number: t17830430-97

345. ANN CRABB was indicted for feloniously stealing, on the 29th of March

last, one woollen bed-quilt, value 1 s. two linen wrappers, value 2 s. two pair of thread stockings, value 6 d. one pair of worsted stockings, value 6 d. the goods of George Hall .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17830430-98

346. JOHN MASON , otherwise BROWN , was indicted for feloniously stealing, on the 12th of October last, one worked muslin apron, value 50 s. and one other worked muslin apron, value 50 s. the goods of Thomas Wilson and Co.

GUILTY .

Transported for seven years .

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

Reference Number: t17830430-99

347. ABRAHAM HYAM was indicted for feloniously stealing, on the 24th of April last, two cotton gowns, value 20 s. one silk gown, value 5 s. one callico gown, value 5 s. eight linen shifts, value 8 s. one cloth cloak, value 3 d. the goods of Elizabeth Nathan , widow .

GUILTY .

Transported for seven years .

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

Reference Number: t17830430-100

348. SARAH FLEWIN was indicted for feloniously stealing, on the 19th of April last, one quart pewter pot, value 10 d. the property of Samuel Hogg .

GUILTY .

To be privately whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-101

342. WILLIAM MEREDITH was indicted for feloniously stealing, on the 15th of March last, several charts, value 10 l. the property of Jonathan Higginson .

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-102

350. MARY ROWE was indicted for feloniously stealing, on the 15th of April last, two linen shifts, value 6 s. one apron, value 3 s. one petticoat, value 1 s. 6 d. three caps, value 1 s. the property of Sarah Manby , spinster .

GUILTY .

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

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-103

351. MARY SMITH was indicted for feloniously stealing, on the 27th day of April last, one copper pot, value 3 s. the property of John Morrell .

GUILTY .

To be privately whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-104

352. MATTHEW DEAN was indicted for feloniously stealing, on the 5th of April last one waistcoat, value 9 s. 9 d. the property of Thomas Smith .

GUILTY .

Whipped and discharged.

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-105

353. WILLIAM SCOTCHER was indicted for feloniously stealing, on the 28th of February last, two codfish and two haddocks, value 1 s.

NOT GUILTY .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17830430-106

354. CATHERINE SAUNDERS was indicted for uttering a counterfeit shilling to Jane Truman , well knowing the same to be counterfeited .

GUILTY .

Imprisoned six months and find security for six months after .

Tried by the London Jury before Mr. RECORDER

Reference Number: t17830430-107

355. JOHN DECURSS (a Lascar ,) was indicted for feloniously stealing a bag of soul linen, value 40 s. the property of Rose Robinson , spinster .

GUILTY .

Imprisoned three months in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830430-108

319. WM. HARCOURT , MARY HARCOURT , and ELIZABETH ELLIS , were indicted for having in their custody and possession, on the 28th day of March last, one mould, made of-sand for coining a shilling, feloniously and traiterously against the statute .

A second count for having a mould for coining a six-pence.

JOHN ATKINS sworn.

I went to a house in Bird-court, in Philip-lane , on Friday the 28th of March, I tried at the latch and found it fast, I knocked at the door and a woman came out, whose name is Rebecca Tisdale , I asked her if Mr. Harcourt was at home, she said, he was not, I asked her when he would be in, she said, she did not know, then I put my hand to her mouth, and Morant and Gregory and Prior, who were behind me, passed me while I had the woman in that position, and Halliburton came next, and I left the woman with him, and followed the others up stairs, when I got into the room, I seized hold of Mrs. Harcourt, and tied her hands, then I searched her, and found two half-crowns and a shilling in her pocket, concealed in a box, and one half-crown was loose in her pocket, then I tied the hands of prisoner Ellis, and Prior searched her, and one of the constables was along with William Harcourt when they were taken, I went, and stood, and kept the room door; afterwards I went up stairs along with Prior into the garret, on searching that place we found a vast quantity of scouring and other paper, and some files, I came down stairs and the prisoners were committed.

MOSES MORANT sworn.

I went to this house in Philip-lane, together with Atkins, our information lay in the two pair of stairs room, and as soon as I got to the top of the stairs, I saw Mrs. Harcourt coming out of the door, Mrs. Ellis was by the fire.

Court. Was Ellis coming out? - No, she stood still in the room over against the door, one of the constables saying, there is a man behind the door, I let Mrs. Harcourt go and took him, in his pocket I found that bit of hard metal.

(The Metal produced.)

After tying his hands, I searched the room, and found a quantity of shillings and sixpences, and half-crowns, and these patterns, which I found in a closet twenty sixpences and four shillings, and on the fire I found this crucible, it is now broke all to pieces with this copper in it, and by the fire side a crucible with that metal in it as it is now, it was quite hot, it stood down by the fire side, I took up the moulds, and

in taking them up one of them broke, but one is very perfect.

This is called the gett? - I believe this is the mould, it is right side upwards now, and this metal, (The things shown to the Jury) some pieces of brass and some of copper, sand and scouring paper, I went into the garret, and there was a vice, scouring paper, a few files, and a piece of cork in the cellar, there was a large stamping press, I found nothing else.

Court. Do you know the use of that? - I look upon the scouring paper and the cork, to be that with which they clean the shillings, they appear as if they had been used; Mr. Clarke has compared the patterns.

Prisoner's Council. When you went into the room Mrs. Harcourt was in company with her husband, was not she? - She was coming from the door.

The maid was there too? - Mrs. Ellis was there; I do not know whether it was the maid or not.

One of these moulds you say broke as you were taking it up? - It did.

Therefore whether it was or was not compleat for this purpose you cannot possibly say? - That part is.

Court. That part of the mould that is broke was the upper part was it? - It broke in taking it up.

Was it laid then upon the under part, as laying together? - One upon the other, when I took the upper part off that part, some how or other I had an accident, it broke, it is a kind of a mould or sand, very fine sand.

JOHN GREGORY sworn.

I was with Atkins and Morant, I was the third person that entered the room, I heard Prior cry out, there is a man behind the door, and I looked behind the door immediately, and saw Mr. Harcourt behind the door, I immediately seized him, and Morant tied his hands, then I tied Mrs. Ellis's hands while Prior searched her, after the prisoners were made secure I went round the room, and in the sink I found this spray quite warm.

JAMES PRIOR sworn.

On Friday the 28th of March, I went to the house of Mr. Harcourt in Bird-court, Philip-lane, when Atkins had fastened Mrs. Ellis, Morant went in first, I went in after him, as I made into the room I observed Mr. Harcourt through the crick of the door, I immediately pressed to the door, and so confined him behind the door till Gregory and Morant came up and secured him, I went in the two pair of stairs and searched Ellis, I found nothing on her but this bad shilling and a few other things which I returned her, I looked round the room and observed that money which is produced in court laying in the window, and in the other window was a quantity of sand, and several pieces of scouring paper laying about.

Court. Was the sand loose? - No, I then looked at the fire place, and Morant saw a crucible in the fire, covered with charcoal, with metal in it red hot, the fire place which this crucible was in, is made into what they call a wind hole for the purpose of drawing sharper, I saw this spray in Gregory's hand which he said he had found, I did not see it found, it was found in the room, this was found in the kitchen, I do not know the right name of it, in the room was their drawers with a quantity of sand, flasks, and crucibles, we all examined their hands, and the hands of all three of the prisoners appeared to be extremely dirty, they were all black alike, I then went into the garret, there we found a quantity of paper, and some of the files.

WILLIAM HALLIBURTON sworn.

I went with the rest, I found nothing a all only a pocket book with the prisoner's name in it that he claimed.

JOHN CLARKE sworn.

You have been employed I understand for the Mint about fifteen years? - Pretty near, Sir.

Will you explain to us this business that has been carried on at the house of Mr. Harcourt; what is that? - That is half a mould, a side of a mould.

What is it made of? - It is made of sand.

What is this? - This, a spray, now it is all together.

Have you compared it with this mould? - I have not so well as I could wish.

Compare it. - There is not a doubt but that has been run from this, not the least in the world.

Look at this? - This is all good money.

Is there any resemblance between that and the spray? - Here are four shillings that have been cast from them four shillings.

Look at these two half crowns and shillings which were found on Mrs. Harcourt? - Here is a half crown piece, that is a good one which has been cast from it; here is another mark that runs from the nose over the half crown, that you will find from that, here is a shilling, that a shilling on the spray has been cast from, here is a notch on the tail side, that you will find on one side the shilling, and that notch you will find in the spray.

Court. This notch seems to be almost fresh made? - You will see it in the spray, I have looked at them very minutely through a glass, you will find that in the spray, most of the sixpences are cast from the spray, but there is three or four that I can particularly mention.

What is that mould fit for when it is set? - For pouring any thing that may be impressed into sand to take off the impression.

Is the sand proper sand to make a mould? - Yes.

What is the process? - Whatever they please to run, there is a board, and there is a gett, that is the gett which is put in the board, and the impressions are laid inside that gett.

Is that fit for to cast one side of a shilling? - That has been cast from it, not a doubt of it; these have been cast from these patterns, this half crown has been cast, and this is the mark on the nose.

What is that bit of metal? - This is tin, I suppose these are crucibles; that is white arsenic, they flux the copper with t, and turn it white.

Court. But scouring paper makes it smooth? - Yes, they are finished with sand paper and cork to make them smooth.

Court. Are there all the ingredients there that are necessary, is there any aquafortis? - No.

Have you no part of the upper mould? - That was broke all to pieces.

But that was laid there on the other? - Yes.

Court to Morant. Let Mr. Clarke look upon that upper frame, and see whether it corresponds to match with the under frame in case it had sand in it? - That is it.

Had that sand in it? - Yes, it was compleat.

Court. Though we have not the sand, if we have the frame that exactly tallies with the other, that must be the compleat thing itself.

Prisoner's Council. You have what you call the half of a mould? - Yes.

You may run one side supposing there is no impression on the other? - It would be impossible to make the impressions on the other side by making a separate mould afterwards, it could not be run a second time.

One side of it might be finished and made, and the impression not being made it is no mould? - Yes, it is, when they are together they are called a pair of moulds, because one bears one side, and one the other; a thing of that kind cannot be fit for any thing.

What was shewn you; the spray must have had then a pair of moulds to finish it? - Yes.

You said it was incompleat, and unfit for the business? - Yes.

Can you by looking at that which is there in sand, say, that there is any resemblance of a shilling? - I think I can.

You have seen the spray? - Yes.

These may be used for buttons? - As for casting buttons there is no such a thing, they do not cast them, they are struck up in dies.

That does not follow of course, that

that spray was cast in that mould, they might have made the same impressions on any other mould? - I am here on my oath, and dare to say, not only myself, but the Court and every gentleman here will agree with me in my opinion, that I do now declare, I have no doubt from their laying so exact upon the sand.

ANN HARRIS sworn.

I have known him and his wife upwards of three years, they came to lodge at my house in December 1779, they continued there till last November, about the 20th or 21st, they behaved very quiet and sober, the man went out to his daily labour, I had a good character with them, and I never found the contrary.

Prisoner's Council. What are you? - A shagreen case maker, I keep a house.

What was the prisoner? - A locksmith.

Did he work at your house? - He told me he worked at - , him and his wife had a room of me from the 2d of December, 1779, to the 20th of November.

And do you mean to say, he was in house all that time? - No, he was like other people, sometimes in and sometimes he was out, he went out of my house sometimes to see his friends in the country, he did not lodge any where to my knowledge, he would go and stay a day or two, I did not know where he was gone, he went down in the country to see his friends.

Recollect yourself between the 2d of December 1779, to the 20th of November last, do you mean to say, he never was from your house to see his friends, or in the country, upon your oath? - Not to my knowledge.

Recollect yourself, whether he has not been from your house? - I believe for about a fortnight he left my house.

When did he first go to your house? - The 2d of December 1779.

From that time till November, was he never absent for a month or six weeks? - Not to my knowledge so long as that.

PRISONER.

I lodged in Mrs. Harris's house, sometime after I had the house in Philip-lane.

Upon my oath, I never heard he was in confinement, during all the time, that I have known him, nor his wife neither, I never heard of it.

Nor you never came here yourself to give evidence? - I never was in this Court in my life, nor any other upon any trial.

The prisoner produced four more witnesses, which gave him a very good character.

WM. HARCOURT, GUILTY , ( Death .)

MARY HARCOURT , ELIZABETH ELLIS .

NOT GUILTY .

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

Reference Number: s17830430-1

The Trials being ended the Court proceeded to give Judgment as follows.

Received sentence of death, 18.

Thomas Littlepage , (his sentence was respited by the Court, to transportation for seven years,) Sarah Leach , John Wharton , Ann Lovell , George Wood , Collin Recculest , John Hazleworth , John Lewis , Thomas Richards , Robert Cullum , Robert Forrester , Richard Macdale , John Higginson , Alexander Smith , John Brown, John Mills , William Rutley Pratt , Thomas Davis , William Harcourt , to be drawn on a hurdle to the place of execution.

Transported for fourteen years, 1.

Jane Warrickshall .

Transported for seven years, 27.

William Cooledge , Frederick William Aley , John Meere , Owen M'Owen, Joseph Dunnage , Thomas Brown , George Bage , Richard Partridge , Benjamin Grove , Mark Boyle , Richard Hulme , Mary Williams , alias Edey, Solomon Legg , Ellis Williams , Charles Keeling , Thomas M'Daniel, John Kellan, Thomas Wilson , Henry Hart , David Hart , John Largent ,

George Nash , Thomas Millington, Peter Duncan, Andrew Dickson , John Mason , Abraham Hyam .

Confined to hard labour twelve months in the house of correction, 7.

Jane Griffiths , Jane Brown , Ann Witney , Sarah Taylor , Jane Pasmore , James Perryman , Mary Rowe .

Confined to hard labour six months, in the house of correction for 17.

Mary Nash , Mary Bowler , Sarah Janes , Margaret Murphy , Bridget Murphy , Benjamin Williams (he is to be twice publickly whipped,) Ann Webb , John Rardy , Alexander Duff (he is to be publickly whipped,) Henry Vincent (he is to be publickly whipped,) William Munday , Mary Harbin , Sarah Mortimer , Mary Bath , Barwick Marshall (he is to be publickly whipped,) Johanna Jones , Ann Garlick .

Imprisoned three months in Newgate, 2.

Ann Birch , John Decurss .

Imprisoned one month in Newgate, 4.

Thomas Fryer , Ellis Hicks , Sarah Hicks , Joseph Bradford (he is to be publickly whipped.)

To be publickly whipped, 12.

Mary Anderson , ( twice) Thomas Fryer , John Ryan , Benjamin Williams , ( twice) Alexander Duff , Henry Vincent , George Baily , Thomas Tyler , Joseph Bradford , William Carter , Barwick Marshall, Matthew Dean .

Sentence respited.

John Hancock , James Greenwood , alias Haywood alias Johnson, William Jackson , Thomas Randall .

Fined one shilling, 1.

William Holford .

Reference Number: a17830430-1

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.

SHORT-HAND taught on an improved PLAN.

Reference Number: a17830430-2

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.

Reference Number: a17830430-3

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.

Reference Number: a17830430-4

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 sufficien-Instructor of itself, but if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

Reference Number: a17830430-5

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.

Reference Number: a17830430-6

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.

Reference Number: a17830430-7

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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