Old Bailey Proceedings, 23rd July 1783.
Reference Number: 17830723
Reference Number: f17830723-1

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 23d of JULY, 1783 and the following Days;

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

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

NUMBER VI. 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.

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 FRANCIS BULLER , Knt. one of the Justices of his Majesty's Court of King's Bench; the Hon. JOHN HEATH , Esq; one of the Justices of his Majesty's Court of Common Pleas; The Hon. JAMES ADAIR , Esq; Serjeant at Law, Recorder of the said City; THOMAS HARRISON , Esq; Deputy Recorder, and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Gorman

Robert Steele

Thomas West

Gilbert Hater

John Wigginton

John Kay

Thomas Newland

John Hodgson

John Crutchfield

Richard King

Joseph Powell

Thomas Lawrence

First Middlesex Jury.

Samuel Gower Poole

William Brett

John Didsbury

Nathaniel Wincup

Samuel Clarke

William Knight

Thomas Yeo

JohnSick

Abraham Trimmer

Joseph Newsham

Robert Marriott

Packer Oliver

Second Middlesex Jury.

James Penny

John Roberts

James Martin

Samuel Collins

James Cowmedowes

Richard Weston

James Lee

Thomas Powley

James Smith

William Cole

George Bland

William Cussell

Reference Number: t17830723-1

472. EMANUEL PINTO and ANTONIO DA COSTA , otherwise DE SILVA were indicted, for that they, not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the 15th day of July last, at the parish of St. John, Wapping, with force and arms, on William Adair , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and that he, the said Emanuel Pinto , with a certain knife which he in his right hand then and there had and held, him the said William Adair in and upon the lower part of the belly; near the groin of him the said William, feloniously, wilfully, and of his malice aforethought, did stab and thrust, giving to the said William Adair , with the

knife aforesaid, in and upon the lower part of his belly, near his groin, one mortal wound, of the breadth of two inches, and of the depth of nine inches, of which said mortal wound, the said William Adair languished till of 16th July, and languishing did live, and on the 16th of July died, and that the said Antonio Da Costa , otherwise De Silva, was present, aiding, helping, abetting, comforting, and assisting the said Emanuel Pinto, the deed aforesaid to do and commit, and that the said Emanuel Pinto and Antonio Da Costa , otherwise De Silva, the said William Adair feloniously, wilfully, and of their malice aforethought, did slay and murder . The prisoners were likewise charged on the coroner's inquisition of murder.

(The prisoners were informed by the Court, that being foreigners, they were intitled to a Jury of half foreigners and half English, which they declined.

An interpreter was Sworn.)

JOHN KEVETT sworn.

I am a sailor.

Did you know William Adair ? - No, only by seeing him go to and fro in the streets.

Did you see him on the 15th of June last? - Yes, I saw him about half an hour before the affair happened, I saw him in the house where he lodged, and I saw him in East Smithfield ; he lodged at a private house, I was at my lodgings, and I heard a noise in the publick street, I went out and I saw the shortish man, Da Costa, laying down, and this William Adair was kicking him, and I saw him get up again and run across the way, and he laid down again; I saw another man, one William Harding haul Adair away from Da Costa; then I saw him stop again in a short time, and these two men came up again, they went away from the place about twenty or thirty yards.

Where was Pinto during the time that Adair was with De Costa? - I did not see him at all till I saw him come up with the other one, when Adair stopped; then I saw them both come up, Adair and Harding walked away together; the prisoners then went up to Adair, and the prisoner Pinto said, what for you strike the little man; Adair was a tall man, and they talked some time to him, I do not know what it was; then they talked together in their own language, then the prisoner Pinto said to Adair, give the man his hat, Adair said, I have not got your hat, where is my hat, with that the prisoner Pinto put his foot across the kennel and made a shove at Adair with his knife.

Jury. Did he take it out of his pocket? - I do not know where he took it from, I saw the knife by his side, I saw him make a push, I saw him make two more shoves after that, I saw him shove the knife the first time about the waistband of his breeches.

Court. Did you see whether either of the other shoves were so near to Adair as to touch him? - I think to the best of my knowledge, that all three shoves were together, for he made a shove at the same place all three times.

Did you observe the knife in Pinto's hand before he made the first shove? - No, he just lifted up his hand from his thigh and he gave a shove directly; I did not see the knife till that time, then Adair run away, and they both run after him, I went about two doors and then I saw Da Costa coming back, and he had the spear in his hand, and he ran up to me and made a shove as he was coming back, I pushed him back, and then he walked on directly; I did not see the big one come back, till I saw them both stand together directly after he passed me, I know no more where they went, I did not see Adair afterwards; I never heard him speak, I believe he went home afterwards, I did not see any blood.

MARY BAXTOR sworn.

I live in East Smithfield, I sell things about the streets for my living.

Were you in East Smithfield on the 15th of this month? - Yes, I saw the tall man, Pinto, make three jobs at the deceased, the first job that I saw him give, was towards the bottom of his belly; I never saw the deceased afterwards, till I saw him in his

own house when his bowels were sewed up, that was the same night.

Did you see where the wound was? - It was just at the bottom of his belly, I saw it sewing up, I saw him make three jobs, but where the other two jobs were made I do not know.

Had he more than one wound? - Oh! Yes, Sir, plenty, I dare say there was a matter of eight or nine wounds.

What became of the deceased afterwards? - I saw him the next day in his bed, that was all I saw of him, till I saw him buried; I do not know what day he died on, I was not there then.

How was he the next day, when you saw him? - Very bad, he was in bed.

Did he say, he thought himself he should die? - I do not know, I did not hear him say any thing about that.

Were you acquainted with him before? - No, Sir, I never saw any of them before to the best of my knowledge.

Prisoner Da Costa. Did you see me strike the prisoner? - No, only the big one.

WILLIAM HARDING sworn.

I am a ticket porter, I was coming home between eleven and twelve on Thursday night the 15th, and I went into the ship and star in East Smithfield, for a pint of beer, after drinking my beer and coming out of the door, I saw the deceased standing with his back against the bar window, and there was a young fellow standing along-side of him, there was a little mob, and the two prisoners stood about a yard and a half distance, and Da Costa he rushed out from some of his countrymen, and struck the deceased with his fist, then the deceased and he fell to fighting; then the deceased knocked Da Costa down, and when he was down he kicked him three or four times, then the tall one came up and wanted to strike the deceased, and I would not let him strike him, I told him to stand off and give them fair play, after that, one of the prisoners, the little one, run away to the corner of White's-yard, just by the Three Crowns, and there he fell down again, but cannot say. I saw the deceased strike him, or whether the curb stones tripped him up; I went and picked him up, and said, come away home, you will get stabbed; the deceased and I went as far as the place called George-yard, about thirty yards from the place where Da Costa fell. Soon after, the two prisoners and two or three more Portuguese came after us with knives in their hands, that might be the space of three or four minutes, I cannot say; there was five in all, they had all knives, there was these two prisoners and three more, we continued to stand at the George-yard, we had not the time to go any farther they came so close after us, then the tall one asked the deceased, why he struck the little man, and why he did not give him his hat; the deceased said, he had not his hat, where was his; immediately after he said that, the deceased run away and they after him; I cannot say that I saw them stab him.

Did you see whether Pinto had any knife in his hand at that time? - Yes, he had one in his hand down by his side, it was in his hand, I could only just see his hand and part of the blade of the knife.

Court. How far did you see the deceased run? - I suppose it might be an hundred yards, I do not know where he went to afterwards, he went out of my sight, and when the prisoners came back they run up to a young man that is here; I went into a chandler's shop and there I bought a broom-stick, or else I should have shared the same fate; when they saw me take up a broom-stick they then run away immediately, I run down after them into a bawdy house, and they came back immediately, I went with this young fellow and his wife towards home; I went to his house where the deceased lodged, I did not see the deceased; in about a minute or two after he was brought to the door, I cannot tell by whom, and set down upon the step of the door; when he was sat there he said to the landlord, Swinney, dear Swinney, I am a dead man, I shall not trouble any one long; I said, the man looks as if he

was stabbed, and turned his jacket over one side and unbuttoned his waistcoat, and on his left side over his trowsers, his bowels hung out, he was lifted in, and they applied to Doctor Blackmore , and he sent word he must be sent to the London Infirmary.

Court. Did you ask him how or at what time he received that wound? - No, I never spoke to him after.

Did he tell you at any time, how he received the wound? - No, he did not, the deceased run from the George-yard, when Pinto came up and said to the deceased, what did you strike the little fellow for, where was his hat, then the deceased took to his heels and run.

Court to Kevett. Whereabouts was it you saw Pinto give him the three shoves you mentioned? - At the corner of George-street.

Did you see William Harding there? - I cannot say I saw him there, the prisoner Da Costa had a knife as well as the rest, I immediately applied to an officer to get a warrant, as soon as ever I saw the man's bowels; I got an officer named Wilkinson, and I and Wilkinson and the landlady of this young man, went to the prisoner's lodgings, and somebody asked who was there, and would not open the door without an officer; when the door was open, the officer asked, where were the two men that had run in there, then we went up stairs, and there was Pinto getting into bed, and the little one was under the bed; getting Pinto out of bed this knife fell from under the pillow at the head part of the bed.

Prisoner Pinto. It was none of my knife.

Court. Was there any blood at all, either on the blade or on the handle? - None that I could perceive, and when we went to pull the little one from under the bed, that spear lay alongside of him, then they were apprehended and taken away to the watch-house.

Court to Kevett. You said just now, that after Da Costa got up he run across the way and laid down again, did he fall down by stumbling against the stones, or did he appear to lay down? - I cannot say which way he got down, I saw he was down all at once, but whether he fell down or laid down I do not know.

In what position was he then? - He was on his side.

Which side did he lay on, when he was over the way? - I think it was his right side.

Did he attempt to get up before the deceased came? - I did not see him attempt to get up.

WILLIAM HIGHAM sworn.

I attended this man on the 15th of July between eleven and twelve at night, on my examining the body, the first thing that presented was a large portion of the intestines laying on the aperture, I will observe to you first, the wound on the intestines, I found that portion of the gut called the illion was wounded in five different places, one of which wounds was so large as to need sewing up, the intestine was part cut through; after I had done what was needful to the intestines, I gently returned them into the body, which took up a considerable time, then the external wound was about an inch and a half, or near two inches, which I likewise sewed up, I applied proper dressings and bandage, and put the patient to bed; on visiting him the next morning, I found him in a very languid state, very quick and low pulse, and every symptom of approaching death, but perfectly in his senses, there were two or three other small wounds about his body, but of no account; I visited him again about 12 o'clock at the desire of a Justice of peace, in order to take the deceased's evidence, I found him still in a weak state, but in his perfect senses, and my assistant saw him in the afternoon, he still grew worse, and about eight he died, twenty hours after the accident; the cause of his death was undoubtedly the wounds he received in the intestines, he gave me a very clear and circumstantial account, with respect to the two men.

Was it reduced into writing? - I t was taken down in writing.

Court to Hardings. Did you fuel designed? - I saw it signed by Mr. Green the Justice.

(The declaration read.)

"The information of William Adair , taken on oath before me Peter Green , faith, that on Tuesday evening, between eleven and twelve, standing at the Ship and Star door, an ale-house in East Smithfield, and many more present, words arose, and this informant and Antonio Da Costa fought together, and Antonio Da Costa desisted from fighting, when the said Emanuel Pinto drew a knife and stabbed him in four different parts of his body, and this informant further faith, that he is sure that Pinto is the person that stabbed him, and Da Costa was standing, aiding, and assisting at the transaction."

WILLIAM ADAIR , his X mark.

July 16, 1783, PETER GREEN .

Mr. Higham. The Justice desired me to attend to prove the man's sanity; he was clearly in his senses, as ever he was, I desired him to look round to the prisoners, and relate which man it was that stabbed him, which he did.

Prisoner Pinto. There was a great number of people in the street, and he did not strike the deceased, somebody else must strike him, for if he had done it he should not have gone to have laid himself so quietly down in his bed.

James Lurey . I heard of this murder; I went down the next morning and enquired into it, I heard the deceased was very uneasy for fear the little one should suffer. I first asked the deceased several questions, to prove whether he was in his senses, I then said to him, Will, which of these men was it that stabbed you, he looked first at the little one and then he cast his eyes upon the other, and pointed to him saying, that is he; I said, did the little one stab you, he said, no, he fought me fair; was he by any means accessary to your death, and he replied, no; I said, are you desirous he should suffer, he said, no, by no means.

EDWARD SWINNEY sworn.

The deceased came home to my door, he lodged at my house, he said my dear Swinney I am a dead man, a dead man my dear Soul, I wish you would go for the Doctor directly, I sent for the Doctor, and I went in pursuit of the prisoners, and he begged of me the next morning to bring the two prisoners to his house that he might see the right person, or he should never die with case, then these two prisoners came into the room, and he clapped his fingers on the stout man, and said that is the person that stabbed me, then he said I shall die in peace.

MARY HITCHCOCK sworn.

I keep the Three Crowns opposite the Ship and Star, the two prisoners had been in my house for some hours, and I went to shut up the shutters, and I saw this little man stand with his back against the door, he went away, I said now then I will lock him out, he went over to the Ship and Star, in about five minutes I heard a great screaming, and Da Costa came out of the Ship and Star, and I heard the Englishmen call give it him, give it well, and they threw him down, and kicked him several times; there might be four or five, at last, the man crawled from them, and he run across the street to make his escape from them, and I heard my daughter go to the man and tell him to come away for they would kill him, he made no answer.

MARY WYATT sworn.

The deceased came to my door on Tuesday night, I lived in George-yard, No. 2, he insisted on my drinking a glass of shrub, and there were five Portugueze in the room, the deceased said something to this little man, and he answered again, and seemed very agreeable, but the tall man answered in a different way, and told him he might kiss his backside.

Prisoner. That was because he called me a Portuguese dog.

The deceased staid as if he was considering whether he would strike or not, or whether he would take the affront; Da Costa stood up, and the rest of the Portuguese came

round him and told him not to quarrel, and told him that if the little man was not in liquor he would not quarrel; they got the little one out at the door, and attempted to keep him out, but he made an attempt to strike the deceased in the passage; the deceased said, for why did he want to rump me?

Interpreter. That is a bye-word in the country, meaning to beat.

They got the man out a second time, and persuaded the deceased to go out quietly, and told him if he would go they would guard him that the little one should not hurt him; just as he came out of the door this little one jumped at him and struck him, the deceased struck the little man twice in return to the blow he struck him; at the second blow Da Costa fell to the ground upon his face and groaned very much, the alarm for him was pick him up, I heard the words pick him up, Da Costa run from one side of the way to the other, and the Portuguese run after him, the others made their escape and were coming home, the two Portuguese in company followed the deceased, as if watching to see where the deceased was going to, they were neither of the prisoners, they followed him to the corner of George-yard, and in about half a minute two men came up and asked the deceased about the hat, they were neither of the prisoners, immediately there came up three more Portuguese that had been in company, they had been away and came with knives, the little one says to the deceased, why you took my hat, and called him a very bad name, called him a bloody thief, and said he had stole his hat, the prisoners are two of the men, the deceased said I have no hat, where is mine? I looked towards the side of the little man, and I thought I saw by his hands moving something of a knife, I made myself sure and looked a second time, I saw him trying to hide the weapon behind my apron, I cried out immediately they had got knives, I had no sooner spoke the words but the deceased was stabbed; I did not see him stabbed.

Jury. Was the tall one near you at the same time? - Yes Sir, whilst I was looking at the dagger that the little one had, the tall one stabbed him, I was standing between the deceased and the little man, and the tall man was facing him, the weapon the little man had seemed to be the point of a dagger, and I halloo'd out they have got knives, the deceased run as soon as he was stabbed to a very great degree, I attempted to run after him, but I lost sight of the deceased in a very little time, as I was coming back the Portuguese were returned, I met the little one with the dagger in his hand, I went to see if I could find the deceased at his lodgings, but he was not come home, in the mean time the deceased came up and walked very solid, as if unhurt, I stood at the door and said, thank God here is the young man coming unhurt, as he came up to me me I said, Bill I hope you are not hurt, he answered he should not trouble any body long, as he entered the door he sat himself down at the threshold of the door, and laid himself backwards upon the flag-stones, he said to the landlord that he should be very little trouble to him, for he was a dead man, a gentleman of the faculty was sent for who refused to come, another came, and tried every necessary method.

HENRY HITCHCOCK sworn.

I was standing at my own door, I heard some people come out of the Ship and Star crying out give it him, give it him, and I saw them kick a man about for the space of eight or ten yards, which I believe was Da Costa, and he roared out very much, from that the little man run over the way into White's-yard and he fell against a post, all the crowd followed him, and the deceased fell kicking him again, and then left him, the little man got up and I followed the deceased, I saw no more of him.

JOHN MARANT sworn.

I know both the prisoners about two years, the little one I know to be quite a sober sedate young man, and never engaged in quarrels; as for the large one, I have not such a knowledge of him as to know his temper.

THOMAS FARRARA , a Portuguese, sworn.

The little man lodged at my house between

six and seven weeks since he came to England, always behaved very quiet and decent, I never saw him otherwise, neither this voyage nor the last, I know the other tall man a little, he did not lodge with me.

Court. Gentlemen of the Jury, The first of the transaction seems to have been when the deceased spoke to Da Costa in the alehouse, and according to the account gave by Wyatt, the deceased accosted him in a civil way; this is very material; after the deceased had gone across the road with Hardy, some of them tell you that there was a conversation between the Portuguese in their own language, then the Portuguese came across the road with knives in their hands; that evidence is given by two witnesses; now with respect to the Prisoner Da Costa, very much will depend on what is your opinion of the transactions of that moment, for at first he does not appear to have had the possession of any weapon till he came across the street, and it is clear that he gave no blow; so that as to this unless you should be satisfied that at the time of that conversation which passed between the Portuguese, and immediately after, when they all crossed with knives in their hands; unless you are satisfied that at that time they all went across the street, with one common design of stabbing the deceased, there will be no ground to impute the crime of murder to the prisoner Da Costa. It is clear that the deceased got his death by the wounds which he received from the hand of Pinto; he was the person that actually stabbed him, the other was present, and if he was acting on the same design, and crossed the road with the same view, he and every person acting with that design, are as guilty as the man that gave the blow; therefore it is extremely nenecessary for you to be satisfied whether he was actually engaged in that design or no: with respect to the other prisoner, his case stands on very different grounds, the boxing was over, but even if it had continued, it is a very violent conduct taking out a knife and stabbing a man, but especially by a man that had not been struck himself; the deceased had crossed the street, and left the Portuguese without any apparent intention or design of returning to them again; the Portuguese crossed the street with knives, and it is material to see how they conducted themselves when they did so cross, for all of them came with their knives and weapons secreted as much as they could: The first prisoner Pinto is proved to have had his hand down by his side, and the weapon in a great degree hid; one witness says he saw only just the point of it; then when he comes over, what is his conversation to the deceased; here had been no fresh quarrel, no violent heat, but Pinto accosts him by asking where is the little man's hat; this is a cool remonstrance, and if you think made use of to watch the opportunity of that purpose which he intended, shews that it was done with a malicious view, and his conduct shews that he could not do it with any other view. If you should be of opinion that the other went over the street with the same design, he is then guilty of the same offence; he went over with the weapon in his hand, and had it secreted, and endeavoured to hide it under the woman's apron: You must observe also the conduct of the deceased, for I cannot help feeling myself for the generosity of an English sailor, even in the hour of death; at that moment he seems to be extremely anxious to distinguish between the two prisoners, and peculiarly so that the prisoner Da Costa should not suffer; he said Da Costa had fought him fairly, and that he was not at all accessary to his death. This is evidence out of the mouth of the deceased, and besides that it is perfectly clear he did not give any blow, whatever was his intention: therefore, unless you are of opinion that he crossed the street with the same intention that the other prisoner did, you will distinguish in the verdict that you give between the men.

Jury. We beg to ask the Surgeon whether he thinks the other wounds were given with the same instrument with which the wound was given that was the occasion of

the death? - It is impossible to distinguish, they were so very slight they might have been given with the point of a knife.

EMANUEL PINTO , GUILTY , (Death.)

ANTONIO DA COSTA , otherwise DE SILVA.

NOT GUILTY .

Emanuel Pinto was also found guilty on the corner's inquisition.

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

The Deputy Recorder then passed sentence as follows:

Emanuel Pinto , you have been indicted, tried, and found guilty of the wilful and malicious murder of William Adair ; in the course of your trial, the Court and the Jury have conducted themselves with anxiety to reach guilt on the one hand, and to protect innocence on the other; and this has been particularly displayed in your condemnation and the acquittal of your associate: Under whatever religion you have been bred and educated, you must be sensible that the crime with which you are charged, is equally a violation of the laws of God and man, and that in every community it meets with the punishment of death; you have not therefore the plea that is usual to foreigners, that you have been guilty of a crime peculiar to this country alone, nor can you in any respect suffer from your ignorance of the laws of this country; you must likewise be sensible that the crime is of such a nature as to encourage no expectation of mercy, but from God alone, and that his mercy is to be obtained by sincere repentance and contrition; you will be attended by those that will awaken your mind to a due sense of your guilt, and will endeavour to confirm in you those dispositions which through the divine goodness of God may obtain you mercy: It is necessary likewise to inform you, that in abhorrence of your crime and to awe others who are maliciously disposed from the commission of a crime of the like nature of the law has allowed a shorter interval between the conviction and the execution of the sentence than in other felonies. Nothing therefore remains for me, but to advise you to make the best use of this short interval, and to pronounce the sentence of the law; which is, that this Court doth adjudge, that you Emanuel Pinto , on Monday next, be hung by the neck until you are dead, and that your body be afterwards delivered to the surgeons, to be dissected and anatomized pursuant to the statute , and may God have mercy on your soul.

Reference Number: t17830723-2

471. JOHN HART was indicted for feloniously stealing, on the 7th day of April last, three linen shirts, value 30 s. and one woman's stuff shoe, value 4 d. the property of John Clough .

NOT GUILTY .

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

Reference Number: t17830723-3

472. MARY HILL otherwise CHAPEL , SARAH KING otherwise called SARAH CLAXTON , otherwise called SARAH BLUNDERS , and WILLIAM RICHARDSON were indicted, for feloniously stealing on the 21st day of June last, one piece of silk called Tobine, value 10 l. one other piece of silk, called Peruvian Tissue, value 7 l. and one other piece of silk called Carmelite Lutstring, value 18 l. the property of Joseph Moore , privily in his shop .

BLACKETT WALLIS sworn.

I am shopman to Mr. Moore, a silk-mercer , No. 3, Chandois-street ; I know the prisoners at the bar, every one of them; the prisoners came into the shop, I served them; on Saturday the 21st of June, between three and four at noon; I cannot be sure to the hour; the prisoner King desired to look at some plain Lutstrings, I shewed her several pieces, and she desired to look at some sattin, striped, I shewed her several pieces; she then made choice of this sattin striped, which I have here, and asked the

prisoner Richardson if he liked it, he said, if she liked it he did, the prisoner Hill said to Richardson, I hope you do not think anything of the expence of a gown for your wife, the striped silk was for King; Richardson said, he did not mind anything about the expence; King then desired to look at some plain blue silk, I shewed her one piece which she objected to, and said, she should be glad to see a blue with a stripe or figure in it; I shewed her several pieces, she then said, she liked the piece she had first made choice of best; then Richardson asked me if I thought it a pretty colour, to which I answered, it was, and King desired me to cut off ten yards, which I did, and the woman who is not taken and Hill observed to King, will not you have something to line it with; she said she would, and desired to look at some white Persian, which I shewed her, she desired me to cut off a yard and a half; I then observed to her, that was a small quantity; she turned round to the other woman and said, she would have a yard and three quarters, she always liked to have enough and to spare; Hill said to Richardson, you will pay for it, Richardson answered he would, but was prevented by King's saying, no, my dear, you shall not pay for it, I will pay for it, for you will not have enough money where you are going; they did not mention where they were going; King and Hill asked Richardson if he would go with them, he then said, he would go any where with them provided they did not go to a milliner's shop, they said, they would not; I then said to Richardson, Sir, you seem to have a dislike to go to a milliner's shop, he said, he had, for there was so much trouble in trying on caps and such like: I put the ten yards of lutstring and the yard and three quarters of Persian together, in a paper they all asked me what it came to, I told them it came to three pounds eight shillings and six-pence, then the other woman that is not taken says to me, you will make a bill of it, Hill and King said, there was no occasion for a bill, but I made a bill and King paid it; and as they were going away Hill said to me, Sir, we shall see you again on Monday, as we shall want another gown; Hill and the woman that is not taken went together, and King and Richardson went together arm in arm; they went across the street, and when I saw them walk together pretty fast I went backwards, and in the space of five minutes I missed a piece of carmelite lutstring, which is now in Court; I then went out in pursuit of them, and as I was going through the Piazza, Covent garden, I observed King coming from Tavistock-court towards the garden, I t hen halted to see which way she went and I crossed over Russell-street, and saw her in the garden with Hill and Richardson; I then went round the houses, and did not go the same way that they went for fear they should see me, and when I got round the houses, at the corner of the physical herb shop I laid hold of Hill; she said, she was willing to go into a publick house to be searched, but she would not go into Proctor's which was the nearest, and was only across the street; during which time I observed King and Richardson come down past the church, they saw her in my custody but did not offer to come to her assistance; they went into the publick house which was Proctor's, the Unicorn, I then desired one Mr. King to lay hold of this woman, while I went to secure the two others; Mr. King laid hold of her, and before I could get a yard or two from her, I observed Richardson coming out of the door in Henrietta-street, which was not the door he went in at, and King was coming out at the other door, (The silk that was bought by King, and the Carmelite silks produced) I saw the piece of silk upon the counter while the prisoners were in the shop.

How were the ladies dressed? - They had their hair just-dressed; and had large hoops on, one was in pink silk; they were in quite a different stile to what they are now; Richardson had a blue coat, round hat, and a pair of boots.

Who had you that Carmelite silk from?

- From Mr. Proctor, and here is two pieces tied up in the same handkerchief with the piece that was sold them, this is a tobine, and the other is a Peruvian tissue, at the same time they were in the shop, I observed the Peruvian tissue on the counter, and I saw the tobine about an hour before they were there; all these silks were delivered to me by Proctor tied up in in this handkerchief.

Do you know any thing of the handkerchief? - I never saw it before as I know of.

Can you say positively that the other three pieces that were lost was your master's property? - I am upon oath, they are Mr. Moore's property, here is one Mr. Evans who will likewise swear one piece to be Mr. Moore's property, and the tissue has my own mark upon it.

Prisoner's Council. When they came in was this woman, who is not here, there at the begining? - Yes, she and Hill came in together first, I did not see them.

Do you remember the person who bought this silk, consulting that woman about the number of yards that would be necessary to have? - King asked me.

Did not you understand that woman was the mantua-maker of one of these young women? - No, I did not.

To whom did you deliver this silk that was bought? - Hill had it.

Was not it delivered to the mantuamaker? - It was not.

Upon your oath? - No, Sir.

Did not you hear that woman say, I cannot purchase it till my mantua-maker comes, and was not it settled between the mantua-maker and her, how many yards would be necessary? - No, Sir, she settled it herself, she said, she would have a yard and three quarters, turning round to Hill and the other woman, and said, she always liked to have enough and to spare.

Did not you see it delivered after it was paid for to that woman? - No, I did not.

Nor hear her say any thing about her making it up soon? - I did not upon my oath, I have never seen the other woman from that time to this.

Did not you charge that other woman, when you stopped Hill, did not you say, that tall woman, the mantua-maker has taken some silk? - I asked her what was become of the tall woman, because I had reason to suspect them all; I told her so at the time.

I believe standing on the opposite side of the way you may see both the doors of the publick house? - Yes, I saw both doors, I saw Richardson coming out of one door, and King coming out of the other.

Then they could not escape your notice by coming out of one door or the other? - Not at that time they could not.

You went immediately? - I did.

Had they any opportunity of going any where in that house? - They might go through the house.

Could they go to any other part of the house? - One of them might run up stairs.

Why you saw them instantly? - Before I got two yards from Hill I observed them coming out, and that was the time I gave her to the care of Mr. King, it was some time before Mr. King took care of her.

Did these people desire to be searched? - Yes, Hill desired to be searched, but said, she would not go to Proctor's; she gave no reasons.

I believe it is a house where all the basket people use? - Yes.

WILLIAM EVANS sworn.

I recollect the prisoners, I saw them in the watch-house, the tobine and tissue I know perfectly, I live with Mr. Sykes, who was formerly partner with Mr. Moore, I lived with Mr. Moore and Mr. Sykes two or three years.

Do you recollect seeing the tall woman, as she is called? - No.

Prisoner's Council. On that tobine is there any mark? - No.

Do you swear to it? - Yes.

ROBERT MILLER sworn.

I recollect the prisoners I am servant to Mr. Moore I saw them come into my master's shop on Saturday the 21st of June,

Hill and the woman that is not taken came first, I cannot directly say how that woman was drest, they asked if their sister was there, Richardson and King came afterwards together.

Prisoner's Council. Did you ever see these people before? - No.

How long did you stay in the shop? - The whole time.

What was you about? - I was rolling silk.

They were not dressed as they are now? - No.

Had they hats on? - I believe one of them had a bonnet, I cannot say, I did not take any notice.

You took no notice which of them had a calath? - I do not know.

Then how do you know they are the same people? - I took notice of their faces.

How could you if the bonnet was on, and you minded your own business you did not mind them? - I am sure they are the same.

Which of the two came in first? - The lusty one.

Who told you so? - I am sure of it.

How are you sure of it, if you did not know how they were dressed, and you could not see their faces? - I did see their faces.

Did you see the silk delivered from one to the other? - No, I did not.

Now recollect yourself my lad? - I did not.

Do you not recollect the silk being given to one woman, and that silk being given by that woman to another, who told her to make it up as soon as she could? - I did not see that, I did not hear any such expression, I was in the middle shop, and Mr. Wallis was serving them, I did not take notice.

WILLIAM PROCTOR sworn.

I am master of the Unicorn, I recollect the prisoners on Saturday the 21st of June, I perfectly recollect their coming to my house very decently dressed, there was another woman came with them, they staid a very short time, they were in the parlour a very short time, our kitchen it up one pair of stairs, the man and the two women at the bar went out, they left the fourth woman behind.

How long might Richardson, and King, and Hill be absent? - I cannot be sure, we are generally much hurried on a Saturday, I never saw the prisoners come back at all.

Do you recollect the apprehension of Hill, and the taking of Richardson and King by some of the trades-people? - I heard the alarm, it was in view of my house, I do not recollect Richardson and Hill coming back before they were taken.

Do you recollect the fourth woman going up stairs to the kitchen? - No, I do not.

Was that bundle delivered by you to Wallis? - Yes, it was.

Where did you find it? - Upon the one pair of stairs near the screen that stands by the fire, and that stands upon steps two or three inches high; I went up for something I do not recollect what, I saw this bundle behind the screen, that was when I heard the alarm, and the people were at the next door at the time.

Court. Did any of the women go up stairs? - I was told that the woman that was absent did go up stairs, but do not know that any of these people were up stairs.

Prisoner's Council. Are you sure that the two women and the man at the bar did not go up stairs? - I believe to the best of my knowledge they did not.

They went away leaving the third woman? - Yes.

There was no alarm at that time? - No.

Court. Gentlemen of the Jury, Here is no evidence whatever to fix the prisoners with stealing this silk, it is circumstantial evidence to prove that this silk which was lost, was soon after found in the possession of either of the prisoners at the bar or some of them, and that they were privy to the theft, then they must have shewn how they came honestly by it, here is no evidence whatever that the prisoners at the bar had the silks lost in their possession, because though the silks that were lost in this shop, were found in this house; it does not appear that the prisoners, or either of them

were up stairs where these were found, there is no evidence to fix them, or any of them.

ALL THREE NOT GUILTY .

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

Reference Number: t17830723-4

473. MARY HILL , SARAH KING , and WILLIAM RICHARDSON , were again indicted for feloniously stealing on the 21st of June last, one piece of black silk lace containing 31 yards, value 6 l. one other piece of lace, containing 26 yards, value 4 l. 14 s. one piece of white thread lace containing 14 yards, value 35 s. one other piece of lace containing 14 yards, value 3 l. 10 s. the property of John Paulin , John Coates , and Catharine Maud , privily in their shop .

SARAH LILLINTON sworn.

I am shopwoman to Mess. Paulin and Co. I saw the prisoners at the bar at Paulin's shop on Saturday the 21st of June, these three, and these three only, I did not see them come in, I was called immediately as they came in, they came in about four o'clock, and asked for a hat they had ordered a few days before, and I was called to give them the hat, which I did, they had ordered the hat before, but I did not see them then, they knew the hat immediately.

How were they dressed? - They had both white hats, and one had a pink gown, I think they had both hoops, Hill put on the hat, the other immediately said she had brought her brother to chuse a bit of lace to make her a pair of robins, I took down two boxes while the other woman was putting on her hat, they paid for the hat, Richardson laughed, and said they lived hard by, and should soon be at home, he said I beg you would not mention it by any means, we shall soon be at home, they looked at some black laces, the prisoner King asked for some, I shewed them the white laces first, and then the black, one card they admired very much, which was found in the Round-house, she bought a yard and an half of minionet at eight shillings, which she offered half a guinea for, the prisoner Richardson said pay twelve shillings, it is not too much, trades-people must live, they then asked for some black laces and I shewed them several cards of black, two cards they took particular notice of and admired the pattern, they were found in the Round-house; I soon after went up to dinner.

Court. Who keeps the shop? - John Paulin , John Coates , and Catherine Maud ; (the laces deposed to) these four cards of black and white lace were the laces I shewed the prisoners myself.

Did you miss any laces after they were gone? - No, Sir, the drawers were never opened, we found about two hours afterwards that they were lost.

Prisoners Council. This is a shop in full trade, numbers of people coming in? - Not a creature in then.

The man laughed you say, did you look upon it as any thing but a joke, you did not see them take away any lace? - I thought their manner was very odd, but I did not see them take any.

MARY BRANCH sworn.

I live at Paulin's and sometimes serve in the shop, I remember the three prisoners on Saturday the 21st of June, I came into the shop after I had dined, and found Mrs. Lillington serving these three people with black laces, knowing she had not dined I desired, her to go and leave them, and I would finish serving them, I shewed them several black laces in the drawers, the white laces still remained in the window by the counter, I shewed them several black laces and reached down others, and continued shewing, among which were these black laces.

Prisoners Council. You did not know any more but this one? - But this one happened to lay upon the top and is a very particular one, and upon seeing the card I saw Mr. Coates's private number and mark upon the lace.

Jury. Have you never seen any other lace of that same pattern? - I so seldom see any other lace but what I see in Mr. Coates's

shop, that I do not think I have; I served the prisoner King with a quantity of lace, which she told me was to trim a cloak; I told her it was 2 s. 7 d. a yard, but as it was a remnant, I let her have it for 2 s. 6 d. she paid me 15 s. they appeared to be in a very great hurry to be gone, it is usual to follow people to the door, I saw them either run or walk very fast up Tavistock court, the short one desired the tall one and the man to go to the coach, and she would soon follow after, and they all went up the court together, either walking or running very fast; I put by the laces after they were gone, I came and spoke to Miss Lillington, who had before served them, I thought they were strange people, because they called me my dear, in a very sociable way, the man did; I did not trouble myself any more, I put the laces by as soon as we found they were lost, I went and took the drawer out, which had not been taken out since; as Mr. Coates was out, he heard such people had been taken up, and upon looking at the laces, he knew they were ours, but sent us to look at them, I went to look at them, it was two or three hours after I saw them at the Round-house; Mr. Hemmings, the Round-house keeper, shewed them to me, I believe the prisoners were taken away then: I kept the laces ever since, they are the same.

Prisoner's Council. You do not know whether there are not several laces of the same pattern? - There may.

You do not mean to say, that is the only pattern in London? - No, I know the mark upon the card: we do not usually sell a card.

Suppose there were half a dozen yards, she takes away the card, does not she? - We do not usually do so.

You lay no store by your cards? - Certainly not, but we do seldom give things that are marked.

Other goods may go on that same card with the mark on it? - Certainly.

Jury. Does the mark on the card corroborate with the mark that you sell by? - Yes, Sir, it is the mark we sell by.

Council for Prosecution. That card would not do for a different lace? - No, Sir.

Prisoners Council. But, if I buy lace I may have a card with it? - Yes, there is a seal at the end of every card, till it is cut, and several of these laces were uncut, and have the seal on, and the number of yards on the piece which answer to it.

Have you any doubt about these being Mr. Paulin's laces? - Not in the least.

Prisoner's Council. These laces were delivered to you by another person? - Yes, Sir, by Hemmings, (the laces deposed to by Mr. Coates) three of them are marked with my own hand-writing, the other by one of my people that I know, I saw them after they were lost at the Round-house, I was told there was some laces taken out of the necessary; I went immediately to the master of the Round-house, and had an Order for them to be taken out, they were very filthy at the time I saw them, the master of the Round-house shewed them to me.

To Branch. Look at the quantities, and tell me the value of the whole? - Twenty-one yards of black lace, and thirty-one yards that has been put in water, and marked 5 s. 3 d. per yard, that is the selling price; the next is marked upon the card 27 yards, that is a little shrunk, put down 26, the selling price of this is 4 s; the white is shrunk from 15 to 14. about 3 s. 4 d. the selling price of the other is 15 yards, at 5 s.

ELIZABETH HEMMINGS sworn.

I am daughter to the Round-house keeper, I remember the prisoners being brought in.

Was there any thing particular respecting one of the prisoners? - Mrs. Hill when she came in, desired me to go backwards with her, she said, she was bad with a pain in her bowels, I went with her and returned; she went a second time, when she came in from the first time, she asked me to get her some brandy, and then she went a second time, I was in the yard; but to the best of my knowledge, I cannot say whether I was in the privy or not.

Prisoners Council. She was in custody when you went for the brandy? - Yes.

Council for the Prosecution. Was you present when that place was searched? - I was in and out.

Was it searched soon after Hill had been there a second time? - Yes.

Prisoners Council. Is not there an order from the Justices, or is it not a custom that prisoners going backwards should be attended? - My father was busy with the company in the watch-house; the first time I was with her, she kept her hand before her, and said she was very bad with a pain in her bowels, and I was sorry to see her so.

Did you watch her the second time she went? - I was in the yard, when she went the second time.

You saw her throw away nothing? - No.

Did not they desire to be searched as soon as they came into the Watch-house? - Yes they desired me to search them.

Was that before she went backwards? - I cannot recollect whether it was before she went to the necessary or after.

Prisoners Council. I believe you recollect what you said at the Justices? - They asked me to search them, my father was at the door, the fore room was full of people, and the prisoners was in the back room with me: When I was in the yard a second time, Mr. Wallis came into the necessary, and brought them out.

Was it in the presence of Mr. Wallis they desired to be searched? - I cannot recollect.

WILLIAM EVANS sworn.

Was you present when the prisoners were brought into the Round-house? - No, nor when she went backwards.

When did you look down? - I was informed there was such people there, and went to see them to know them, and I was previously informed, that they were in the necessary, I went and got a candle and looked down; the master of the Round-house could see nothing, I looked down and saw a roll of lace, and got it out with a long wand; after I had got the lace up, I looked again and drew up these laces.

Jury. How long was it from the time of the prisoners being in confinement, to the time you found these laces? - I fancy they had been about an hour, I left the laces with the master of the Round-house.

Were they altogether or separate? - They were separate, I drew them out separate.

Prisoners Council. There was a great many people, as I un derstand, round? - I did not see so many as half a dozen in the back apartments.

The door of this necessary was not locked? - No.

Any body might have access to it? - Certainly.

Mr. HEMMINGS sworn.

You are master of this Round-house? - Yes.

How long was it after Hill had been at the privy a second time, that this place was searched? - I cannot tell the time, I was very busy at the door, letting people in and out.

How long were they there altogether in the whole? - I believe they might be there an hour, they came in about half after four, and they went to the Justices about six; there were a number of people came in and out; some to see whether they knew them, and some had business there.

Had you any other prisoners? - Only these three during any part of the time.

How many people had you that came in and came out that were not prisoners? - A great many.

Had they all access to the necessary? - No.

It is not locked? - No, Sir.

Did these women desire to be searched when they first came in? - I cannot recollect.

What do you think? - I was so busy, I cannot recollect.

Did you remember hearing that they desired to be searched? - I do not indeed.

Jury. Might any body else go to the privy besides the prisoners? - Yes, they go from the watch-room into the parlour, and into the yard, there were a great many people in that very room.

Did any body go into the yard besides these women before the privy was searched.

When I understood what it was for, I immediately went back into the parlour, and found the prisoner missing, and I saw my daughter stand at the necessary door and I was vexed, and she said, she could not come yet, she was very bad.

How do you know nobody else went there during that hour and a half? - When they had taken care of the door, and people were pretty tolerable quiet, hearing it was for shop lifting, I went backwards and missed the woman, I was vexed, and said, ten to one if there is not some of the property down the necessary, I saw my daughter at the door, and I wanted the woman out, she told me then, she was so bad that she could not come, she went as I understood a second time, then I went with Mr. Wallis, and I brought her out myself.

Prisoners Council. How do you know during the hour and a half, who went to that necessary? - I do not know who else might go.

Which woman did you miss? - Mrs. Hill.

Elizabeth Hemmings . To my knowledge nobody went but the prisoner; I was out of one room into the other, I had a view of the yard out of each room, and if anybody had gone they must have gone thro' one of these rooms.

Prisoners Council to Wallis. Do you recollect the people desiring to be searched? - Hill desired to go to the house to be searched, but refused going to Proctor's, that was immediately when she was stopped, before she went to the Watch-house.

- MENCHIN sworn.

I was at work at the top of the Watch-house, I remember seeing a man with a blue coat and a pair of boots, going to the yard.

Do you know the man? - No, Sir.

Why you have a blue coat on yourself? - Yes, Sir.

PRISONER HILL'S DEFENCE.

I never was in the necessary or in the yard at all, and I desired to be searched by Mr. Wallis the instant we came in.

PRISONER RICHARDSON'S DEFENCE.

I desired to be searched immediately.

PRISONER KING'S DEFENCE.

I have nothing more to say than that the young woman was by me all the time.

Prisoner Hill. There is the shop mark upon that lace.

Court. Is that so? - Yes, she took the card with the lace.

Blanch. I gave it to her.

Court. You said just now, it was not usual but she was in a great hurry? - It is not usual:

The Prisoner King called five witnesses who gave her a good character.

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

The prisoner Richardson called one witness who gave him a good character.

ALL THREE NOT GUILTY .

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

Reference Number: t17830723-5

474. DANIEL HICKMAN otherwise HICKINS was indicted for feloniously assaulting John Miller , on the 30th of June last, in a certain dwelling house of our Lord the King, called St. James's Palace , and putting him in fear and danger of his life, and taking from his person and against his will, two pieces of gold coin of this realm, called guineas, value 2 l. 2 s. the monies of the said John Miller .

A second Count, for making another assault on the said John Miller , on the 1st day of July last, in the said parish, in a certain open place called, the Board of Green Cloth Court, and taking from his person and against his will, one piece of gold coin of this realm called a guinea,

value 1 l. 1 s. the monies of the said John Miller .

JOHN MILLER sworn.

I am servant to Mr. Lewis, table decker to the chaplain's room in the Palace; on the 16th, or 17th of June last, I came home about eleven o'clock, I went to light my candle on the adjoining stair case, close to the door, the prisoner was standing centry at the door; a conversation accidentally took place between him and me; I never saw him before to my knowledge; we talked about different families.

Court. Who began the conversation? - I do not know, at last he mentioned a family that he pretended he had lived in, which I have a sister lives in; he said, he was dry, and wished I would give him something to drink, I told him, after he was relieved I would give him some thing to drink, I went in and put some sticks upon the fire and threw the cinders up, and out of pure good nature and respect to the family he said he had lived with, I asked him in; Mr. Lewis has apartments in the same court, but across the court; I gave him some bread and cheese, and some ale, in a bottle that I had left at dinner; he drew the chair and sat down by the fire on one side, and I sat on the other; that is all that passed as I am upon my oath; he eat his bread and cheese and went away; I did not know his name, nor I did not expect to see or hear from him any more.

Court. How long did he stay with you? - Three quarters of an hour.

How came you to take in a man you never saw before? - I asked him in, out of pure good nature.

What between twelve and one in the morning, does anybody sleep in that appartment? - Nobody but myself; On the last day of June, when I came home, I went to light my candle as usual upon the adjoining stair case, I found somebody stepping almost upon my heels, says he it is me, says I, what brought you here at this time of night, says he, I am come for satisfaction, says I, what do you mean, says he, you know what passed the other night; what passed, says I, says he, you are a sodomite, says I, it is a thing I abhor above all things on earth; he said it did not signify, he had been in the black hole ever-since, and if I did not give him satisfaction he swore he would go and fetch a serjeant and a file of men, and take me before a Justice, he said, he did not value his life a damn.

Court. What caused that expression? - I do not know, I asked him what money he must have, he said he must have three or four guineas; I told him I had but two, but he should have another in the morning; the prisoner said he must have it early; I told him he might have it between seven and eight, I could not get it before; I went and brought it, and he came, and I gave it him at the door; I borrowed the the guinea of Catherine Broack , I told her a part of the story; she saw me in a great deal of trouble at the time I borrowed the guinea; he went away and I saw no more of him, and that morning by the advice of Mr. Lewis I made application to the magistrate.

Court. How soon after? - Between eleven and twelve, my master was with me, I afterwards endeavoured to take him, and took all the pains I could in searching the ranks every morning; on the 11th of this month, he came to the Chaplain's room, and knocked at the door, there was one of his comrades with him, he gave me a note, and told me to look at that, I shewed it to Mr. Lewis, (The note read)

"July instant, 1783, Sir, I am sorry to acquaint you, that the young man is not entirely satisfied with what you gave me, and if you do not make me ample satisfaction, I will certainly expose you; consider the crime you have committed is dangerous, therefore if you do not chuse to satisfy me in a handsomer manner than what you have done, I shall to-morrow take a further method.

I am yours."

(Directed to St. James's Palace without any name.)

I went to fetch my brother, and when we returned the prisoner was gone and his

comrade, we could not find them, we searched every where; the next morning he came on guard, and I watched him where he was placed, and I went and took him up upon guard.

Was you or was you not alarmed when he made this charge on you? - The first time I was very much, I did not know what I did.

Did you part with your money on account of that alarm? - No, Sir, for the sake of my character, that he should not scandalize my character.

- LEWIS sworn.

I am master of this young man, he has lived with me between eleven and twelve years, and I always found him very honest.

Court. We do not ask you his character Sir, do you remember the prisoner at the bar? - Perfectly well, I never saw him till the morning he was taken before the magistrate, I was in a little room adjoining the Chaplain's room, having my hair dressed; the prosecutor brought in that note to me, and desired me to look at it, I desired him to wait half an hour or so, as I was quite in a dishabille or else I would have flew out myself.

PRISONER's DEFENCE.

The first time I ever saw that gentleman was one night; I was centry in the Engine court in the Park, that was in June; he came to me just as I had come on centry at ten; he asked me what it was o'clock, I told him, he said it was rather a wet night, and we began to discourse about one Mr. Plumbtree that he had known, and I was there about fourteen or fifteen months; he stopped with me till very nigh twelve, till the relief came in; he asked me to come in, as soon as I came off centry, and he would give me some ale, saying a soldier's pay was very little, and he thought it would be very acceptable; I went in and sat with him till very near two; he made a fire, and gave me some ale and some bread and cheese; he said he must go to bed, he told me to call any time I came on guard, I was welcome to some ale, but to call between ten and eleven at night, for if I came there in day time there was somebody there; and he had generally the evenings to himself, I accordingly bid him a good night, and said I would call again as he had behaved so well to me, I thought it very good natured of the gentleman; I called about three or four nights after, and knocked at the door, and he came to the door, and he said, ah! is it you, how do you do, you may walk in; he asked me to sit down, he brought out a bottle of ale; he put his hand in his pocket and gave me a breast buckle: after that, he said he would put a faggot on the fire-place, and make a fire; I sat with him till between one and two, and then I said I would go home, I told him where I lived; he said he would contrive for me to lay there all night; I said I was much obliged to him; he said, if you will undress yourself I will make the bed; but you must get up early in the morning; I went to bed, and after I had been in bed a little while, he began to act as a Sodomite to me; the same as a man would, if he had a woman in bed with him: I immediately jumped up, I asked him if he gave me this breast buckle and this beer, and asked me to come in at this late hour of the night, to intice me in the same situation of life that he lived in himself; he said, no, he did not try to intice me at all; he begged and prayed he might not have his character exposed; I swore I would have him taken up; I said at last when he begged so very hard, I would not; he said, for my goodness he would make me a present; he said, says he, I will give you three guineas, I will give you two to night, and at half past eight to-morrow morning, I will give you another guinea; he said he had no more than two in the house, and he took them out of a corner cupboard in a pretty large room; and, if I would come in the morning, he would give me the other; I said mind, I do not demand any thing of you: In about a month I came again, and brought that piece of paper with a young fellow that was with me; I have a man here that will shew the breast buckle that he gave me, (The breast buckle

produced by John Anderson , which he had from the prisoner on Tuesday fortnight.)

Jury to Miller. Was this buckle ever yours? - No, Sir, I will be upon my oath.

The prisoner called his corporal, and two soldiers who gave him a very good character.

Prisoner. This witness John Bennett wrote that piece of paper? - Yes, I wrote the note, that is all that I know.

Court. By whose directions? - The prisoner's.

Did you go with him to the palace the 11th of July? - I do not recollect I was in liquor.

Court to Jury. Gentleman, there was a case of this kind tried before me some time since, and on that case it was the unanimous opinion of all the Judges of England, that that case as proved, amounted to a robbery: To constitute the crime of robbery, it is essential, that money should be taken from a person, in the presence of another, or against his will, and under such threats and circumstances, as may induce a reasonable man to part with his money through fear; in the case I mentioned, there were different circumstances from the present, because it was there sworn by Mr. Fielding, that he apprehended danger to his person, if he had not delivered the money at the same time; there was another charge like this where the fear went only to loss of character, and in the discussion of that case, it was the opinion of the Judges, that any threat which induced a man to part with his money against his will, was such as would constitute the crime of robbery: Now in this case you are to consider, that Miller, according to his own account has acted a very indiscreet part, for he says, that he never saw the prisoner before; and yet he is such a dupe, according to his own account, that from a conversation that happened in the course of a few minutes, while he was lighting his candle, he thought fit to ask this man into his master's apartment, and there to treat him with bread, cheese and ale. (The learned Judge then stated the rest of the evidence, and the Prisoner's defence as before mentioned, observing there was a remarkable circumstance in the defence, for the prisoner says, when the prosecutor offered him a present; he told him, Mind I do not demand any thing of you.)

Gentlemen, upon the whole, the material question is, whether you are upon this evidence satisfied; first that Miller speaks truth; and then whether upon the facts he has stated, you are convinced that he parted with this money against his will, and through fear of an injury that he might receive to his character from the prisoner. If you are of that opinion, you will find him guilty; if you think otherwise, you will acquit him.

Jury to the Corporal. Was the prisoner ever in the black hole? - Yes, a little before that time, I forget the day, I think he was kept there forty-eight hours.

GUILTY , DEATH .

His sentence was respited till next sessions.

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

Reference Number: t17830723-6

475. JACOB RINGROSE ATKINS was indicted for feloniously assaulting Francis Luard on the King's highway, on the 29th of June last, and putting him in fear and danger of his life, and taking from his person and against his will, one gold watch, value 20 l. one cornelian seal set in gold, value 50 s. one other cornelian seal set in gold, value 10 s. one steel watch chain, value 4 s. one gold-hook, value 4 s. one gold watch key, value 12 s. one stone seal set in base metal, value 3 s. one purse, value 12 d. and three guineas and 6 s. in monies numbered, his property .

FRANCIS LUARD sworn.

On Sunday June 29, about a quarter after eleven at night, I was robbed by one man, he accosted me in very illiberal terms, called me thief, and villain, and ruffian, he damned me a good deal, he carried me from the pavement under the rail, and he

took me by the collar; he said something when he first approached me, but I do not know what it was, to the best of my recollection it was come this way; he pulled my watch out of my sob, I gave him my purse out of my right-hand breeches pocket, and he searched my left-hand breeches pocket, and my two waistcoat pockets.

What money had you in your purse? - Three guineas and some loose silver; I lost a gold watch, two red cornelian gold seals, one was a cypher, a gold watch-hook, a gold watch key and a metal seal, a sham cornelian, and a steel watch chain.

How long did you keep under the rails? - Between two and three minutes.

Was any body passing by at this time? - Not a soul.

Did he produce any arms? - A pistol, I was walking from Great Russell-street to Hart-street , I felt something at my left-hand collar, I turned round and immediately saw a pistol at my face, and a man laying hold of my collar.

Was you able to take notice enough of the person to know who he was? - No.

Do you know him now? - No.

Has your property been found again? - Yes in part, the watchmaker has the watch, and one of the Justice's men has the purse.

ROBERT BEST sworn.

I am a watchmaker, I had this watch of Mr. Chadwicke on a Monday, I believe it was Monday three weeks, I have kept it ever since, it was made by me, and lent to Mr. Luard while I was making another for him.

JOHN CHADWICKE sworn.

I am a silversmith in Cornhill, on Monday the 30th of June the prisoner came to me between one and two, and asked me if I would buy a gold watch, I looked at it and asked him how much he asked for it, he said twenty-five guineas, on looking at it I saw it was made by a neighbour of mine, I immediately went to Mr. Best who made it, and told him the circumstance, it was the same watch that I received of the prisoner, and I delivered it to Mr. Best.

Do you know whether that is or is not your watch? - I do not.

Court to Best. What do you know the watch by? - I know it to be my own watch and number, I had lent it to Mr. Luard about a fortnight.

Court. Do you mean to take upon yourself to swear that is the watch you lent Mr. Luard? - I will swear it, there is my name and number on it.

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

Reference Number: t17830723-6

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 Doubt s should arise, they shall be removed on Application to the Author without any additional Expence.

Reference Number: t17830723-6

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 23d of JULY, 1783, and the following Days;

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

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

NUMBER VI. PART III.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Jacob Ringrose Atkins .

Court to Chadwicke. Is the watch in the same situation now as when you received it, without seals? - It is.

WILLIAM BOYER sworn.

I went to search the prisoner's lodgings, No. 12, Castle-court, in the Strand, on Monday the 30th of June, when we first went in there was a lady in the apartments that seemed very busy about the feet of the bed, I desired her to walk into the dining room, and sent a person with her while we searched the bed-chamber; in searching a trunk we found this pistol, loaded with powder and ball; in searching further we found a coat with a key of the street door in the pocket, we then took the lady up to Bow-street, and returned a second time.

Court. Do you know whose coat that was? - It was in Mr. Atkins's lodgings, we came back and searched again and found nothing, the person that was with me went down to the necessary, to see if there was any thing there, I walked into the ground floor that belonged to the people of the house, and saw this box on the ground there; it then came fresh into my memory, that when I put the lady into the dining room, I had seen that box in that room; in that box we found these three purses.

Court. Do you mean to swear that that box was in the room when you first went into the house? - My Lord, I am confident that a box of that size and shape was in the room; I know nothing of the apprehending of the prisoner.

Court to Best. Did you apprehend the prisoner? - He came to my house after Mr. Chadwicke, and I stopped him, to know how he came by it, he said, he had it of one Mr. Hett.

Prisoner's Council. He went to Mr. Chadwicke's house, before he came to you? - Yes.

Then he came after Mr. Chadwicke, when he came to your house? - Yes.

He did not hesitate at all, he followed him to the door? - Yes.

(The purse deposed to by Mr. Luard.)

I will swear to the purse; that was the purse I was robbed off.

CATHERINE COUSINS sworn.

I live in Castle-court, in the Strand, I know nothing of the prisoner but as quite a gentleman; I brought the box out of the dining room when I saw the people taking up the things; he owed me some money for rent, and I took her jacket, petticoat, and waistcoat, and this box, says I, I will keep this for my rent; it was about seven weeks they lodged at my house, this was on Monday the man came to my house.

Do you know where the prisoner was the night before? - He was at home at half after eleven, in his bed.

What time did he get up the next morning? - I carried him a pint of ale and a pint of beer, and I asked her if I should put my chain up, that was on Sunday night; I have two keys of the door, one he had himself, and one I kept; the Justice's man has one key; the gentleman never asked me for the key, but I gave it to him one night in case he staid out.

So he kept a key every night by your consent? - Yes, Sir, I offered it to him, he did not ask me for it.

What time was he up next morning? - He got up between ten and eleven.

Did he stay long in your house after he got up? - I know he breakfasted in the house, I dare say he went out by twelve, I am not sure.

Prisoner's Council. You are sure, you say, that he was in bed by half after eleven at the furthest? - I am sure of that, for I carried her up a pint of porter, and she desired me to bring up a pint of ale, for says she, we shall mix it, says I, is Mr. Atkins come home, and she said, he was in bed; I did not see him, but I heard him cough in his bed, I never saw any thing of him, but like a gentleman, he kept regular hours.

MARY KINSLOW sworn.

What do you know of the prisoner at the bar? - Nothing improper.

Who does that box belong to? - It belongs to him.

Have you ever seen the purse before? - No, Sir, I never did, only in Bow-street.

Were there any other purses? - Yes, there was.

Prisoner's Council. You know that Mr. Atkins was in bed on Sunday night, at half after eleven? - Yes, he was, and he continued there all night, and got up about ten in the morning, I saw him at breakfast, we breakfasted between nine and ten.

Did he go out that morning? - Yes, he did, a little after breakfast.

What time do you think he went out? - After breakfast.

An hour, or half an hour? - It was not an hour.

How much do you think it was? - About half an hour, I think he never came home again.

Prisoner. I refer my defence to my council.

Court. Your Council cannot make a speech for you.

PRISONER's DEFENCE.

On Sunday evening before I was taken, I was walking in the Park, and another gentleman; and I was tapped on the shoulders by another gentleman, I turned about, and it was a Mr. Hett whom I immediately accosted, and asked him where he had been these seven years past, he said, he had been in Ireland, I asked him some questions about an affair that had happened before, and he gave me a decisive answer, he told me that he went off to Ireland, that he was ashamed not to have sent to me, said, he was ashamed to borrow money and not be able to pay it he said, he lodged at the Swan with two Necks; I asked him if he had settled with the people of the house, he said, he had; I said, I wish you would pay me now; he said, he would settle with me in the morning; I asked him to breakfast with me at eleven, I then parted and went home; next morning at eleven o'clock I expected him to breakfast, he did not come, I waited a very short time, and I was determined to go down to Lad-lane, to see where he was; when I went about two streets from my lodgings I met him, I asked him his reason for disappointing me, in not coming to breakfast, he said, his hair-dresser did not come to him in time; so we walked on discoursing about indifferent things, he pulled out his purse, said I, that is a pretty purse, where did you get it, and he said, a lady in Ireland knitted it for him, I looked at it, and produced mine, I offered to change it, says he, I will give it to your wife, if you will give it her; we walked on, says I, can you give

me any money, says he, I have a bill on a Lord in town, for 200 l. but he has put me off for a few days, and says he I have no other mode to give you some money than to dispose of my watch, I knew the debt was a bad one, and for my own sake I took the watch, which I certainly should not have done from any other gentleman; he told me he bought it of Mr. Best, in Cornhill, says I, if you will go there yourself he will give you a better price for it, says he, you will do it better, I shall be ashamed; I consented to do so, I went down as far as Cornhill, and just by Cornhill I went into a shop to enquire for Mr. Best, I told the gentleman my business; I shewed him the watch, he asked me what I wanted for it, I said, twenty-five guineas; he said, he would shew me the way down to Mr. Best's house; I went into a silver-smith's shop, and I asked this gentleman to buy the watch, Sir, says he, will you shew it me; I saw him go out, and I immediately supposed, in my mind, that he was gone to the maker, I went to Mr. Best's shop myself, Sir, says I, this gentleman has shewn you a watch, I told him, I had a commission from a gentleman to dispose of it, Sir, says he, a gentleman has been robbed of it last night, says I, the gentleman that gave it to me is now standing at the corner of the street, and I requested of him several times to let me go out, he would not, nor would he send anybody there; I sent a constable to Lad-lane to enquire for him, but there is no account of him, I am informed, he is gone Ireland.

ROBERT ATKINS sworn.

I live in Salisbury-street.

Do you know all the connections of this young man? - Very well, very reputable connections and family in Ireland, they are all there and I am the only person in this country to whom he could apply; he is a very distant relation of mine, but so distant that I cannot trace it, nor my father.

What general character has this young gentleman at the bar? - I never knew any wrong of him; he came last November with a letter from Ireland, and introduced himself to me by that means; he was in the horse in Ireland, in the blues, five or six years ago he sold out; he wished to go abroad.

What is his general character? - I never knew any harm of him, he never visited me much, nor was I ever out of the house with him, all his connections are in Ireland, every one, he has a brother, very respectable uncles and the most reputable kind of relations.

Court to Jury. You observe, that from the time the prisoner went out in the morning he never returned at all, then how could this purse be found locked up in the box; it is therefore impossible that he could receive the purse from Hett; that is a very strong and a very pointed contradiction; a robbery was committed late on Sunday night, and the property is found on the prisoner the next morning totally unaccounted for.

Prisoner. My Lord, it was in the Park when I asked Mr. Hett for money that he gave me the purse, it was in the Park on the Sunday night, I made a mistake in that respect.

Court. Then that is directly contrary to what you said before.

GUILTY , ( Death .)

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

Reference Number: t17830723-7

476. WILLIAM NEWTON was indicted for feloniously stealing on the 11th of July last, eight yards and three quarters of spotted sattin, value 1 l. 19 s. eighteen yards and an half of minionet lace, value 1 l. 16 s. seven yards of Valencian lace, value 17 s. 6 d. six pair of gloves, value 10 s. two silk purses, value 7 s. twelve yards of striped silk ribbon, value 10 s. twelve yards of green silk ribbon, value 6 s. the property of Luke Hogard , in his dwelling house .

LUKE HOGARD sworn.

I am a haberdasher in Long-acre , the prisoner was my servant , he lived with me not quite two months; on Friday the 11th

instant I heard there was a parcel left by the prisoner at a woman's house, I went in consequence with her.

At whose house was it? - Ann Haubenthall 's, she shewed me the parcel, it contained the goods mentioned in the indictment, and which I have here, this piece of Valencian lace has my mark on it; it is seven yards, here is a piece of minionet lace, eight yards and a half, that has my mark, I can swear to these two; here is a piece of striped ribbon, about twelve yards, has my mark, and also this piece of green ribbon; the prisoner at the time he was taken admitted that these things were all mine, he was taken in a quarter of an hour after at my house.

Court. Did not you tell him, it would be better for him if he confessed? - Not the least.

Did you tell him it would be worse for him? - No.

What did he say? - He spoke very little, but admitted the fact, and hoped for mercy.

What fact did he admit? - That he had taken the goods, and that they were mine; there is a prisoner that has been tried for the very same fact, and has been suffered to escape from Newgate.

Prisoner. My master told me it was best to confess to him, and if I confessed to him, when he saw me next time he should not be so hard upon me.

Court to Prosecutor. Did you tell him so? - Not so upon my word.

Court. Upon your oath? - Upon my oath.

ANN HAUBENTHALL sworn.

My husband is a taylor, in Rose-street, Long-acre, and keeps a shop, and sells waistcoats and breeches ready made, I know the prisoner, he has been at our shop, he purchased a waistcoat and breeches, and the bill was carried to his master, which he refused to pay; he came the next day, the 10th of July, and made an excuse to change the breeches, and he flung the bundle on the drawers, I said, says I, the poor young man has brought back the things, finding he cannot pay for them, and I looked at it, and there was these things.

What did you do with these things that the bundle contained? - I went immediately and acquainted his master and gave them to him.

Court to Hogard. Have the things been in your possession ever since? - Yes.

When did you see these things last, before you lost them? - The green ribbon I saw the day before.

PRISONER's DEFENCE.

I was going upon business to Soho-square, and coming back I saw that bundle laying in the street, in the inside of a handkerchief; it was almost dusk; I believe my witnesses are not here.

Court to Jury. The prosecution is ever in favour of innocence, and there is no evidence of the prisoner's stealing these things out of the dwelling house if you are of that opinion you will acquit him of the capital part of the charge.

GUILTY

Of stealing but not in the dwelling house.

Transported for seven years .

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

Reference Number: t17830723-8

477. NATHANIEL WALKWOOD was indicted for feloniously stealing on the 28th of June last, one grogram gown, value 20 s. the property of Edmund Fleming .

EDMUND FLEMING sworn.

I keep a pawnbrokers shop , on Saturday evening, the 28th of June, about nine o'clock I lost a gown, I had been taking in the things for the evening, I run up, and saw a man running with a bundle, it was not two minutes that gown was there; just as I was coming down Mrs. Fleming said, there was somebody had got the gown, I saw he had a bundle under his arm, I called out stop, he threw down the gown and run away, his back was towards me, I cannot say it was the same man, but from the colour of his coat.

Jury. Was there any other run or walked fast but himself? - No.

Was there a croud in the street? - No, no croud, there was other people; William Meadows picked up the gown and gave it me.

WILLIAM MEADOWS sworn.

I saw this man drop the gown, I was close up to him when he dropped it, and I picked it up, I only saw him run round the corner, I saw him when the constable charged him, it was day light, he had a red suit of cloaths and an apron on, I gave the gown to Mr. Fleming.

JOHN PROCTOR sworn.

I was sent for on Saturday night, in Bull and Mouth-street; I was informed a man had stole a gown; when I came there, there was a young woman said, she had lived in the house, and said, if you will go along with me I will shew you some holes that you will not find unless I go with you, I went through two cellars, and in a little hole I found the prisoner, he said, he did not know what he did there, or how he came there; the boy said, that is the man that threw down the gown; he was dressed as before described.

(The gown deposed to.)

Prisoner. I have nothing to say, I am innocent.

GUILTY .

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

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-9

478. EDWARD EDSON and WILLIAM SPONG were indicted, for feloniously assaulting Joseph Shuker on the King's highway, on the 13th of July last, and putting him in fear and danger of his life, and taking from his person and against his will one cloth coat, value 10 s. one cloth waistcoat value 6 d. two pair of worstead stockings, value 1 s. two linen handkerchiefs, value 1 s. one linen shirt, value 2 s. and 4 s. in monies numbered, his goods and monies .

JOSEPH SHUKER sworn.

Last Sunday was a week, I was coming from Whitstone about two in the morning, and at Holloway causeway , near the three mile stone, I met the two prisoners, Spong was dressed in a sailor's jacket, and a spotted waistcoat under it, and he said, where did you come from, I did not know him before, I told him I came from Whitstone, he asked me where I was going, I said to the Bull; he said we are patrols, we will convoy you as far as the Bull; they walked with me one on one side, and the other on the other side, about 300 yards, and Spong caught hold of my right arm, and said what have you in your bundle; he put his leg behind me and stung me down, and his knee on my breast, and his hand upon my forehead, and said to the other prisoner, Damn him, cut his throat; Spong then took my bundle and four shillings in silver, and some halfpence.

Court. The other did not offer to do as he bid him? - I cannot say what the other had in his heart; but there was a drove of cattle coming by at the time, he took my bundle and my money, and the little one rummaged my pockets, and took my handkerchief; the bundle contained the things mentioned in the indictment, then they quitted me, I jumped up, and pursued them directly, and the drover assisted me, and we took Edson in the Ditch; he made a spring over the ditch, and jumped into a pond, he had the shirt; Spong got off at that time, he was taken in two hours after; the prisoner Edson sent to a girl that he kept, and by her information we found Spong, he lodged on Saffron-hill. The things I found on Edson were all mine; the shirt was by him, he laid on his face over the ditch; and I found this at the place where they knocked me down, he said he was the wrong person, he knew nothing about it, when he came into the Bull, he said where you got me, you'll find the rest of the things;

they went back and looked, and got the bundle out of the pond and his hat.

Court. Were there any promises of favour made to him, if he would discover where the things were, or where his accomplice was? - He said he knew nothing about them, he was not the same person, but when he saw they were going to look for the things; he said where you found me you will find the others, they brought my coat and waistcoat, and two pair of stockings and a handkerchief; that was all the rest of the things.

JOHN PARROTT sworn.

I was coming from Highgate with a drove of cattle, and these two prisoners ran past me, Edson was first, and the prosecutor came up immediately after, and said I have been robbed by those two men, we pursued them, and found Edson in the ditch; the other man turned again and treatened to blow my brains out as soon as ever I took hold of Edson; he was over the ditch, Edson on one side, and he on the other; Spong got off.

Did you find any thing in the ditch where Edson first lay? - A shirt and a piece linen.

Court. What sort of view had you of Spong the other prisoner? - As he run past me, and as he turned again, threatening to blow my brains out.

Was it late? - It was break of day, I had a full prospect of him when he turned again, he was only the other side of the ditch, I am sure he is the man; I described Spong before I saw him again; I went with Mr. Warrington to look for the things, and we found a hat and a coat in a pond, and a pair of stockings between the hedge and the pond.

How far is the hedge from the pond? - About fourscore yards from the pond, they were laying in the field near there, we returned the things to the prosecutor.

Court. Were the things you gave the prosecutor when you returned the same things that you found, as you have described? - Yes, Sir, a waistcoat and another pair of stockings I found on the causeway.

Prisoner Spong. That man would not swear to me before the Justice, when I was first taken up.

John Parrott I did not swear positively to him at first, because I was timersome, I never was in such an affair before, being before so many gentlemen; but afterwards I recollected he was the same person.

Then you had some little doubt when you was before the Justice, whether he was the same man or not? - Not in she least, when I came to see him.

Had you seen him before? - Never before, I had no doubt in the least when I came to see him, I knew directly they were the same persons.

Court. You had some doubt, but was made surer by looking at him afterwards? - Yes.

What Justice were they carried before? - Justice Blackborrow.

(The Court ordered Dinmore and Redgrave to leave the Court till they were called.)

Court to Parrott. After you were first examined at the Justice's, and did not positively swear to the man; had the Justice's people any conversation with you afterwards? - They told me to find him out among a number of people.

When did you look at him afterward to be more sure? - In the space of five minutes.

During that time, and in the room, what conversation had you about the prisoner with Redgrave and Dinmore? - They said nothing to me, only they asked me if I knew the prisoner, and I said it was the same person.

At the time they told you there was a reward of forty pounds, if the men were convicted? - Nothing at all, nobody told me any such thing.

Are you sure of that? - Yes.

You will swear that? - Yes.

When did you first know there was a reward? - I never knew any thing at all about it.

You know it now? - I do not know any thing at all about it.

Mr. WARRINGTON sworn.

The prisoner came to my house the 13th of this month, I keep the Bull at Holloway, they called me up, and Joe said, he had been robbed, and Parrott and I went to look for the things.

Court. Did you hear the little prisoner say any thing about the things before you went out? - Not a word about any thing where they were, he denied being the person, I went with Parrott with his direction, but I did not hear Edson say a word about where the things were, I found the hat and the coat in the pond, and this handkerchief, and a pair of stockings just over a ditch where the prisoner had made an escape over.

Court to Parrott. Before you went out to look for the things, did you hear Edson say any thing about them? - Nothing at all.

Court to Shuker. Are you positive that Edson told you that you would find the things where you found him? - He said to me and a Sailor, that is a waiter at Mr. Warrington's, says he, if you look where you found me you will find the things.

(The things deposed to.)

Court. How long were the two prisoners with you to the time they left you? - The time, I suppose, could not be above two minutes, it was just break of day.

Then there was but a bad light? - I could see to pick up a pin, it was quite light, I was quite sober, I am sure of the persons of both the prisoners, I am equally sure of Spong, as of the other, if I had seen him among a thousand I should have had no doubt.

JOHN DINMORE sworn.

Was you at the office when these men were first examined? - Yes.

Were you there when Parrott was first examined? - Yes.

How came it he did not swear positively to Spong at that time? - He said he verily believed he was sure he was the man; but he could not take upon him to swear.

What conversation had you with him after he had been examined before the Justice about Spong in the Justice room? - I never spoke to him to my knowledge.

Which is it you or Redgrave that told him of the 40 l. reward? - I never opened my mouth upon my oath; I was down at Holloway on Sunday, and I heard there was a footpad robbery, and I found this handkerchief in his breeches (The handkerchief deposed to) coming along with the little prisoner, he requested us to go to the house, No. 106, Saffron-hill, and to tell his girl he was in Bridewell.

- REDGRAVE sworn.

Were you present when Parrott the witness was examined at the Justices? - I was.

He did not swear positively to Spong at first? - He did not.

What conversation had you with him in the office about the prisoner; who explained to him the nature of the reward? - Nobody, my Lord, to my knowledge, I would not do such a thing on any account.

PRISONER SPONG's DEFENCE.

I was taken out of bed, I had been at home all night.

PRISONER EDSON's DEFENCE.

I was at Waltham Abbey on the Saturday, I met with my shopmate, I was rather in liquor, and coming home I laid myself down by this pond, and I was fast asleep when these men came and waked me; and said, I had robbed him, but being in liquor and half asleep and half awake, I fell into the pond.

For the Prisoner Spong.

WILLIAM COVINGTON sworn.

I am a bedstead maker and a house-keeper, I live at No. 24, Hatton Wall, I have known the prisoner Spong many years, perfectly well; he worked for me as soon as he came from sea, and had worked for me about a month before he was taken; he lived in the house with me, and bore a very

good character, both before he went to sea and since; he had been at sea three years: he quitted my house the day he was taken up, we disagreed in regard to his lodging in my house, it was not convenient to me, but he did not keep bad hours.

Court. Then you knew nothing of him on the Saturday night? - No, I did not.

The prisoner Spong called three more witnesses, who gave him a good character.

The prisoner Edson called one witness who gave him a good character.

EDWARD EDSON , WM. SPONG

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830723-10

472. WM. HUGHES was indicted for feloniously stealing on the 24th of June last, one brass knocker, value 6 s. the property of Alexander Robinson .

ALEXANDER ROBINSON sworn.

I am a hair dresser , at No. 20, Henrietta-street, Cavendish-square , I loss a brass knocker the 24th of June last.

Court. How do you know it to be your's? - The spindles are between eight and nine inches long, it fits my door; the nut was left in the inside and that suits; the brass knob that the knocker knocks against was unscrewed, the brass knob fits the spindle which was left in the door post; the brass knob and knocker were both stolen.

JOHN TROY sworn.

I am a watchman in Wimple-street, Mary le Bone, at four o'clock, about three weeks ago, I was standing by the dead wall behind my box, I saw this gentleman the prisoner twisting Mr. Robinson's knocker off, I laid hold on him, and he pulled me some way, he had between five and six inches of it when I saw him; I measured it, and we had a scuffle, and the patrol came and said he would cut his head off; he had more knockers in his bosom, and he would not part with them, till King the beadle knocked him down.

(Several knockers produced.

PRISONER's DEFENCE.

All I have to say is, there was a person that I met that had this knocker, and he asked me to hold his bag, and will you please to ask the witness if he did not take that knocker off himself, and bring it to the watch-house, and the lower spindle both? - He had between five and six inches out, and I took the remainder out.

Court. Gentlemen of the Jury, he is indicted for stealing a knocker, he did not steal that knocker, although he was in all probability, attempting to steal it; in the present state, the knocker was affixed to the freehold, and therefore no felony could be committed; and as to the knob that was taken off, that is not mentioned in the indictment, therefore you must acquit the prisoner.

NOT GUILTY .

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

Reference Number: t17830723-11

480. RICHARD ROBINS was indicted for feloniously stealing, on the 12th of June last, two printed books bound in leather, entitled Several Discourses, preached at the Temple Church, value 2 s. three other bound books, entitled the Adventurer, value 3 s. the Philosophical Works of the late Right Honourable Henry Saint John, Viscount Bolingbroke, value 5 s. one other book, entitled Remarks on the History of England, value 12 d. one other bound book, entitled amongst other things a Disserration on Parties, value 12 d. a Collection of Poetical Tracts, value 12 d. Letters on the Spirit of Patriotism, value 12 d. and Letters on the Study and Use of History, value 12 d. the property of Thos. Cadell .

THOMAS CADELL sworn.

I live in the Strand , I am a bookseller , last summer I employed a carpenter to repair

my house; this man was a journeyman . In consequence of some information, I recollected the loss of some books, that had a particular mark which I could swear to; Mr. Evans went and brought me two volumes, which he said he had bought, and I compared them, and found my mark, and I found one volume in my house.

How lately before the robbery had you the books in your possession? - I cannot tell that, they were not intended for sale, they were put in a closet.

What is the mark you know them by? - Bought of Thomas Weston of York, bookseller; I went to Sampson Wright, and got a search warrant, and as soon as we had taken the man, he owned the whole affair, and pointed out a number of books that were my property; we found him at a house in Round Court, I was present, and asked him to point out my property, desiring him particularly to point out none but what was mine; the constable then seized him. I told him I have you at last, for says I, you have had no mercy on me, you have robbed me considerably; I had sufficient now to convict him.

Court. Did you tell him it was better for him to say where the rest were, because you wanted to get the rest? - He cried out for mercy, and the children cried for mercy; I never made him any promise whatever.

Did you say any thing more to him? - I do not recollect I did; he said he stole these books from me while he worked for me.

(The books produced.)

- ATKINS sworn.

These are the books, and the prisoner pointed out several more; these I picked up and sealed in the presence of Mr. Cadell; I went to the house and enquired if Mr. Robins was at home, the child said, yes, the wife ran down stairs, I said, is your spouse at home, she said yes; I ran after her, and there was nobody but the man; he said to Mr. Cadell, for God's sake Mr. Cadell, have mercy upon me for the sake of my family, and I will shew you the books; I came down before Mr. Cadell; I believe it was after Mr. Cadell said, we have got you; he took down three or four large piles of books, and then he went to the other side; he took out of his pocket his watch, and his pocket book, I took that, he said there was an account of Mr. Cadell's books.

Prisoner's Council. I believe he thought that would have satisfied Mr. Cadell? - I do not know.

He took down almost all the books? - He did, and Mr. Cadell said, if they are not mine, I will not take them.

Mr. Cadell. There was one book that was not bound as I bind my books, and I objected to taking it, and he said, that is yours, for I took some unbound, and bound them afterwards.

- EVANS sworn.

Passing through Round-Court, I saw some books which I suspected were Mr. Cadell's property. I saw two books which I had seen at Mr. Cadell's house; I bought them, and paid 2 s. for them, they are Sherlock's Sermons, I shewed them to Mr. Cadell; (Mr. Cadell deposed to the books) I bought them of the prisoner's wife; I then went before the Magistrates in Bow-street, and I returned back with a search warrant to the prisoner's house; the moment he saw Mr. Cadell, he begged for mercy.

Court. How came you to take so much notice of the books to know them again? - I have frequently dined at Mr. Cadell's house, and had seen them there repeatedly, there is writing in the front page, in a handwriting that I can swear to.

PRISONER's DEFENCE.

My Lord, Mr. Cadell promissed me he would not hurt me, if I would give up the property, and I did so immediately.

The prisoner called three witnesses, who all gave him a very good character, and said he had a wife and four or five children.

GUILTY .

He was humbly recommended to mercy by the prosecutor, and ordered to be privately whipped and discharged.

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

Reference Number: t17830723-12

481. THOMAS BURGESS was indicted for feloniously assaulting Thomas Toole , on the 14th of July last, in a certain open place near the King's highway, called the Willow Walk , and putting him in fear and danger of his life, and taking from his person, and against his will, one watch, with the inside and outside case made of silver, value 40 s. one linen handkerchief, value 12 d. and one piece of gold coin of this realm, called a guinea, value 1 l. 1 s. and one other piece of gold coin of this realm, called a half guinea, value 10 s. 6 d. the property of the said Thomas Toole .

THOMAS TOOLE sworn.

I happened to overtake the prisoner in a street, as I came from Chelsea , I asked him the way for Chelsea back again, this was the 14th of July, between nine and ten, or about nine, he told me he was going to the same place I enquired for, and that his father was sick, and he would direct me.

Court. How came you ask the way back, when you came from Chelsea? - I told him where I was going, he said he was going to the next house to see his father who was ill, and he would direct me to the place, I asked him to take a draught of beer, he shewed me two ways, and told me one was shorter than the other; he brought me through a field, and pulled out a knife, and held it up to my throat, and said he would have my life or my money; that he would cut my throat, if I did not deliver my money; I desired him not to cut me, but take what I had; he searched all my pockets, and took what was in them, a guinea and half, and my watch was the last he took, and he could not get it out fast enough out of my trowsers; here are the trowsers, and he put the knife across it when he was going away, after taking the watch he returned back with the knife, and swore by his heavenly Father, if I returned a yard back after him, he would rip me open; I went to the next house and alarmed the man of the house, and we pursued him; we were in the view of him part of the time, there were a parcel of workmen, I met two young men, and described the prisoner, and one said, he met such a man; and they said it was better to take a pair of constables, and take him; I saw him in Bridewell the same day, between one and two, I do not know what time it was properly, and I shall not tell a lie; these constables that took him, told me he was there.

Court. Did you ever see the prisoner before? - No, never.

How long was you with him before he robbed you? - I cannot be positive to the time, it could not be at most above three quarters of an hour.

Did you walk together? - Upon the virtue of my oath, that is the man that robbed me, I never got my money or watch since, nor my handkerchief.

JOSEPH WALL sworn.

I saw the prisoner along with the prosecutor on Monday se'nnight, in High-street, Westminster, near the Willow Walk , they were both talking together, I do not know what they did afterwards, it was about a quarter after nine, I am sure that is the man.

BENJAMIN PLAYTER sworn.

On Monday morning the 14th, I saw the prisoner at the bar go by with that person that was robbed, I heard of the robbery being committed, I asked what person was taken up for that robbery.

Court. You saw the prisoner and Toole go by, about a quarter after nine? - I did not see the prisoner taken up, that was at Bow-street office, I can swear that the prisoner at the bar was the man that went by with Toole at a quarter after nine.

JOSEPH PERGIVAL sworn.

On Monday the 14th, a man came to me that lives very nigh me; says he, do you know such a man, describing him to wear a blue coat and a green apron, says he, he uses such a house, which is reported to be a house that receives stolen goods, I thought I could find him, I got my partner

to go along with me, I found him at the end of the street, he came home in a coach, that was about twelve, or between twelve and one, Mr. Goff took the right hand, and I took the left, the coach stopped just by his own door where he lodged, he went into the house where he did not lodge, he drew a knife and made a dart at Mr. Goff, I ran up and made a blow, he said he had enough, I took the knife from him, and took him to Tothill-field's Bridewell, Mr. Wright ordered all the prisoners out into a ring, and told the prosecutor to find out the prisoner.

Court. That watch has never been found.

PRISONER.

I am an innocent lad.

WILLIAM PEACHEY sworn.

The morning the robbery was committed, I met the prisoner near Tothill-fields where the robbery was committed; he seemed in a flurry as if he had been running, I had not gone above 200 yards, before I met the prosecutor in pursuit of him; he described his person to me, I told him I knew him; I was present when they were apprehended.

PETER GOFF sworn.

Joseph Percival told me, there had been a robbery done in the Willow walk, he said he knew the man that did the robbery, we went round to a great many public houses in our neighbourhood, we passed by his lodgings; but we did not call there, we waited some little time together at the bottom of Pye-street, while we was standing consulting there, a hackney coach came up the street, and the coach stopped, and this man at the bar came out, says Peachey, that is the man; but he has changed his coat, we found nothing on him, he went into a house next door to where he lodged, we afterwards went to search his room, but found nothing, we ran after him, he turned and presented a knife to me, and I secured him.

HENRY WRIGHT sworn.

I heard a robbery was committed, I judged who it was, I could not go out myself, but about a quarter after twelve, the prisoner was brought in, and I desired he might stay there till they went to Chelsea for the prosecutor, in about five minutes he had got under the pump, having his hair cut off, in his pocket I found half a guinea, and nine shillings in silver.

PRISONER's DEFENCE.

I am a stranger in this country, I am an American born, I never was in England, but once before; I was taken by an English privateer and brought to London to be tried, to see who were English, and who were Americans; Mr. Akerman and all his servants cannot say that I wronged any body while I was there; I met a young man I knew in the prison, and this man and the prosecutor came by, and the man I had with me and him had some words; and he said, the first time he caught either of us he would be revenged of us; this man lives in t he neighbourhood I do; he threatens me every time I walk along, that if ever he gets a flaw upon me, he will be sure to hang me if possible; I have lodged there about four months, I have a man that can prove I was in his house from nine to ten, and then I went to drink a pot of beer at the coach and horses, and he came after me.

WILLIAM JONES sworn.

The prisoner was with me the morning the affair was done, about four or five minutes after nine, and continued to drink tea with me till a quarter before ten, and then I left him, and I went to work at Mr. Fairbone's, King-street, Westminster.

Court. Do you know where he went to, or which way he went? - No.

How came you to be so particular as to time? - Because my breakfast time was nine; when I went home he was in our room at seven minutes past nine, having his tea there, this was Monday week.

How long have you known the prisoner? - I have known him four weeks.

Prisoner. The other witness I had is

gone abroad, I was rather in liquor, and they hit me over the head, and my head is not well now.

GUILTY , ( Death .)

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

Reference Number: t17830723-13

482. JOHN FISHER was indicted for feloniously stealing on the 19th of June last, one pair of silver buckles, value 20 s. the property of Samuel Wooley , privily in his shop .

SAMUEL WOOLEY sworn.

I keep a hardware, and silversmith's, and buckle-maker's shop in Piccadilly , the prisoner came into the shop to look at some fashionable silver buckles, I never saw him but once before, he came on the 19th of June last, I reached him some silver buckles, he looked at the drawer some time, then he asked me if I had any more, I told him yes, a great many, and this pair of buckles laid at a distance on one of the counters in the shew-glass; while I was shewing him the second drawer, I observed that he had moved the buckles, and I kept my eye very close upon him.

Court. They were not removed only moved? - No, my Lord, he took up one buckle and asked the price of them, I told him they were four guineas, says he I will not have any silver buckles, they are too dear for me, shew me some plated ones, I did so putting the last drawers away; he took this pair of buckles, I saw him take them off the drawer, I saw his arm go while I was putting the drawer back, and the buckles were gone, he said he wanted to see some fashionable plated buckles, I said I will shew you some, I shut my glasses and went and shut the shop door, I caught him by the collar and said, you rascal, now I have caught you, you have got a good pair of silver buckles in your left-hand pocket in your coat, no, he said, he had not; a gentleman came and knocked at the door, I led the prisoner by the collar to the door and opened it, the gentleman said what is the matter, says I, I have just caught a thief, says he, there is Sir Sampson Wright going by the door, shall I call him, I begged he would, he did call him and brought him into the shop, I told him what was the matter, he told me to send for a constable, and he came, the prisoner was searched, but the buckles I told out of his pocket to convince the gentlemen that I knew where they were, and they were where I said they were, in his pocket, I took them out by Sir Sampson's orders, the constable ordered him to be searched, this was all in my shop, when he was searched the constable found a knife and some money, pretty near 4 l. the Justice told us to go to Bow-street immediately, we did so.

PRISONER's DEFENCE.

The buckles was not in my pocket, I only had them in my hand, and I laid them on the counter again, no one saw them in my pocket, I have no witnesses nor he has none, there was nobody in the shop but him and me at the same time.

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

GUILTY of stealing but not privately

He was humbly recommended to mercy by the Prosecutor.

Transported for seven years .

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

Reference Number: t17830723-14

483. WILLIAM SMITH , otherwise LEVERIDGE was indicted for assaulting Mary Roberts on the 28th day of June last, on the King's highway, and putting her in fear, and taking from her person against her will four linen shirts, value 10 s. three linen stocks, value 3 s. three linen handkerchiefs, value 1 s. three pair of thread stockings, value 4 s. and two cotton nightcaps value 18 d. the goods and chattles of Mary Dell , widow.

MARY ROBERTS sworn.

I am servant to Mary Dell , I was carrying on the 28th of June last a basket with

linen, and my mistress was with me, a young man came by and snatched the linen off my basket and ran away.

JOSHUA PARISH sworn.

I keep a publick-house, the Swan, the corner of White's-yard, Rosemary-lane , on Saturday the 8th of June I was snuffing the candles in the tap-room, I heard the cry of shop, thief, I saw a man men, I followed him, he turned up the yard that leads into Saltpetre-bank, into a publick-house back-door, I went to the front-door and saw the prisoner at the bar coming out very much flurried, I seized him by the collar immediately, and said you are the man that robbed the women just now of a bundle of linen, the prisoner said nothing, he drew a knife over me, I thought he made a cut at me, I was in a flurry, I was obliged to loose him, I ran and he ran after me with a drawn knife, I first went to Mr. Hind, he is the constable of Whitechapel parish, I asked him to go with me on the Bank, as it is a notorious place to see for the bundle, and as we were coming from Hind's we caught the prisoner, and Mathews the beadle and me caught him, I am sure this is the person that I seized by the collar and that drew the knife on me, I apprehended him, the bundle was taken before the Justice and sealed up, the beadle has had it ever since.

PRISONER's DEFENCE.

He says he took the bundle from me, did he ever see me before? - I believe I have, but I am not positive.

Court to Mary Dell . When you lost this bundle did you cry stop thief immediately? - Yes.

Did you see any thing of this Parish making a pursuit? - I did not.

JAMES MATTHEWS sworn.

I saw the prisoner coming along, I was with Parish and Hind, I saw him drop this bundle from his arm about a quarter of a mile from where the robbery was committed in Red Lion-street, Whitechapel.

(The things produced and deposed to by the mark of J. F. to three stocks.)

Prisoner. I have nothing to say, I have no witnesses.

GUILTY ( Death .)

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

Reference Number: t17830723-15

484. BAPTISTE LA ROCHE was indicted for feloniously stealing on the 8th of June last, one gold chain bracelet, value 39 s. the goods and chattles of Ann Catley , spinster .

JAMES ALDUS sworn.

On the 9th of June about the middle of the day, this bracelet was brought to me by Elizabeth Roberts to be pawned, I stopped it, I asked her how she came by it, she said she had it of La Roche, and he was waiting in the street, I went into the street and I took him to Bow-street, I believe he is a hair-dresser , I have known him before, he said he bought it at Manchester, he acknowledged he sent it in by Roberts, and that it was his own property, this is the same bracelet.

ANN CATLEY sworn.

This is my bracelet, there is no particular mark but the carving, I had the fellow of it, it was a present made to me, it was rolled on a card that was cut in a particular manner that makes me know it, I believe it was the four of diamonds, I have no doubt of it, it was upon this cardon the mantle-piece in my dressing-room, I lost it on Sunday morning, the prisoner dressed my hair that morning the 8th of June.

Prisoner's Council to Aldus. Do you know Roberts at all? - Yes, two or three years.

What is she? - She is a servant to a girl of the town.

You do not give her the best of characters? - I never heard any thing against her character.

You have seen a good deal of this gold chain work? - I never saw one like that.

What is there particular in the make of this? - It is very small, they are generally larger.

Have you had the custody of it ever since? - I have; it has never been out of my custody since.

Prisoner's Council to Miss. Catley. You know this to be the card you say, why you have not the fellow of it? - I have not the fellow to it now, I had it some time, but I believe in want the same way that is gone, but that is not to the purpose now; I suppose you could not match it in England; I have sworn to it already in two places before I had the honour of coming here, I had five guineas sent from him, not to appear against him.

Whether you was not going to take the prisoner as a servant in your family a few days before? - I was.

You have known him for twelve years? - Yes.

During that time you entertained that opinion of him, that you would have taken him for a servant? - Certainly Sir, I always took him to have been honest; the only fault I never found against him, was his drinking; I never could keep him sober, but for all that, that is my chain.

You told us this was a present to you? - Yes, Sir.

Has no other person any concern in it? - No, Sir, I am not a married woman.

Have you ever been married? - Never, nor never intend it, I never shall; but I suppose I am not obliged to swear that Sir, am I; if the court say, I shall answer it.

Court. I will explain to you how far it is material, the prisoner was indicted for stealing this property as belonging to you as a single woman, therefore, in point of law, if you are married, he must be acquitted? - I am not, nor I never was, nor I never shall.

Court. We do not understand you as having sworn to the latter part, only as to what has passed, but not as to future.

ELIZABETH ROBERTS sworn.

What was it you pawned with Mr. Aldus? - I do not know what it was, it was on a card, I should not know it again, it was on a Monday, I never carried any thing but once; Mr. La Roche asked me in Chapple-street, to go to a pawnbroker's, I told him yes, he bid me go to the pawnbroker's and bring him a guinea and a ticket, for he must have it out to-morrow; I asked him no questions, and he told me nothing; I should like to see the chain; I have been there too often for my interest; I have carried things several times since then, I believe it is seven weeks ago, I never carried any thing upon a card before to the best of my knowledge; I believe that is the man that desired me to carry it.

Did you ever carry any thing of this kind, whether gold or not rolled upon a card, to Mr. Aldus's but once? - No, Sir, never but once.

Then who did you get that thing from? - From a man they called Le Roche.

How long have you known him? - I have known him a great while to have been a hair-dresser.

That is the man is it not? - I believe so.

Have you any doubt of it? - I believe it is the man, he has not the same cloaths on; if I could swear to the man, I could not swear to the chain; Mr. Aldus said, it was what they put round gentlemen's waistcoats.

Have you any doubt whether that is the man? - I believe it is.

Have you any doubt but that is the man? - I believe he is.

Are not you sure? - I would not be sure, he had a brown coat on.

Then you only know him by his coat, upon your oath is that the man or not, go look at him? - I am sure it is the same.

Was not the man you shewed to Aldus in the street, the man you got it from? - I did not shew him to Aldus; I asked him for a guinea and a ticket, he said, whose was it, I said, I will not tell you, I said, it is La Roche's, he went out and found him at the publick house, I did not go with him.

(The chain shewn her.)

This looks like it.

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

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17830723-16

485. JOHN JONES was indicted, for feloniously stealing, on the 18th of July last, four damask linen table cloths, value 4 l. one other linen table cloth, value 10 s. three silver tea spoons, value 5 s. one pair of silver tea tongs, value 5 s. the property of Samuel Blackwell , Esq. in his dwelling house .

JOHN HARDY sworn.

I am a constable, I took the prisoner in Welbeck-street, on the 18th of this month I had charge of him by this young man, for breaking into Mr. Blackwell's house.

What did you find upon him? - I found these tea tongs and spoons in his breeches, and this apron and a knife, I took him in the foot path in the street.

WILLIAM NORGROVE sworn.

I am servant to Samuel Blackwell , Esq; on Monday last, the 18th of this month, between the hours of two and three in the afternoon, my master lost four damask table cloths, one plain, he was gone out, and all the family but me, he lost three silver tea spoons and a pair of tea tongs, they were in the house-keeper's room below stairs, the windows were shut, I saw nobody come there, I apprehended the prisoner myself coming out of the room, with the property upon him; I know him, his name is John Jones , I heard a strange voice and I had the curiosity to look into the servants hall, for I was doing up a parcel to go into the country, and I saw this person coming out of the house-keeper's room, and seeing me he let these things fall from his arm, he asked me if Captain Johnson was at home, I said, there is no such person lives here, he was making off, I said, do not be in such a hurry, I will enquire for you, I caught hold of him; says I, pray who was that gentleman that informed you to come down, why did not you knock or ring, he said, he saw no bell or knocker, he said, he had not taken any thing; I sent for our baker, and he called a constable; the prisoner was taken into custody, he was never out of my custody at all; the constable searched him, and found one spoon with my master's cypher upon it, I searched every room in the house, to see if there were any more of the gang; I found nobody else, the table cloths were kept in a closet in the house-keeper's room; the first table cloth is not marked, the second is marked B. No. 4, the third, B. No. 3, another marked B. No. 2.

Court. Was the cupboard kept locked where these things were kept? - They were in the room in order to be used.

What do you swear all the property to be worth? - The value of the table cloths is 4 l. 10 s. the spoons and the tea tongs are worth 10 s. there is the cypher S. B. on all.

Prisoner. I have nothing to say, I have no witnesses.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

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

Reference Number: t17830723-17

486. JOSEPH SMITH , GEORGE GAHAGAN , and WILLIAM BARKER were indicted for feloniously assaulting Sarah Churchman in the King's highway, on the 7th of June last, and putting her in fear and danger of her life, and taking from her person and against her will, 6 d. in silver, and seven copper halfpence, value 3 d. half-penny, her property .

SARAH CHURCHMAN sworn.

I am servant to Soame Jennings, Esq; in Audley-square, I was robbed between Marybone-workhouse , and Great Portland-street , about ten minutes before ten in the

evening, on Saturday the 7th of June, I was coming from the Green man publick-house with one Richard Holmes , and going home we saw three men coming up by the side of Marybone work-house, by the wall coming out of the New-road, they turned first to the right-hand, then to the left-hand; the first man I met clapped his right-hand into my face, and covered my face with my hat, I do not know the man, he put his left-hand into my pocket, I told him I hoped he would not use me ill, and he should have what I had, he drew his hand back, and I put my own hand into my pocket and gave him six pence and seven copper halfpence, after that he kept his hand in my face, and unbuckled my buckles to see if they were silver, I could not see at all, he kept his hands on my eyes, as they were not silver he would not have them, then he told me and Holmes to go on and not turn our heads behind us; these three men first turned to go to Paddington, and when they saw that we two were together, they turned back and followed us.

Court. How far was the foremost man before the others? - A little way.

Court. Was any of your money marked? - No.

RICHARD HOLMES sworn.

I was in company with the last witness on the 7th of June, within thirty yards of Marybone work-house, I saw the men coming on the high road and turned on the right-hand and faced us, they stopped us, and one of them struck me on the head.

Which man struck you? - The prisoner William Barker .

Can you swear positively that is the man that struck you? - Yes.

Prisoner Barker. You swear very false, you said before the Justice nobody struck you.

Court. What did he strike you with? - With a club stick.

Whereabouts? - On the side of the head.

Did either of them say any thing to you? - They stopped me and asked me what money I had about me, I told them not to use me or the woman ill, and they robbed us both, they robbed me of one guinea.

Did you see either of them rob the woman? - I saw one of the men stoop and unbuckle her shoe.

How soon after this robbery did you see them? - I saw them the Thursday following at Bow-street.

What sort of night was it? - It was rather inclinable to be cloudy, I think there was a moon.

Do you know either of the other men? - I know them all three, I can swear positively that they were all three in company.

Prisoner. You said before the Justice that you did not know any of us.

Was it so light you could be sure of their features and countenance? - Yes, I am clearly positive that these were the three men that were in company that evening.

Court. Be cautious, their lives may depend on what you swear now, how did they come to you? - Two seized me and one the woman, she was not more than two yards from me.

Can you swear to a man's countenance at the distance of two yards at ten at night? - They were all together when they first came up; the Thursday following I saw them at Bow-street.

Did you know them immediately? - I was positive in my own breast that they were the men.

Did you say so at the time? - No, my Lord, I did not.

Were you asked? - Yes.

Were you sent for there? - The way I came there, I took it from the advertisement in the daily paper, that such and such people were taken on suspicion, and I being robbed, I attended there to see if there was any of my property.

You did not say so at that time at the Justice's? - No.

You did not say at the Justice's that these were the men that robbed you? - No, I believe I did not.

Did you go away from the Justice's without saying so? - Yes, I believe I did.

How came that? - The reason was, though I was positive in my own mind, yet I rather chose to see them again before I made oath.

When you saw them at the Justice's were they under examination a t that time about any other charge? - No, only the said Sarah Churchman and me.

How soon after was it that you became positive? - I was positive at the time.

How long was it after this that you expressed yourself so, that you charged them with being the men? - At Hicks's-hall on Monday last, I never saw them only once at Bow-street from the time I was robbed.

Prisoner. When we was all at the office under examination that gentleman was there, and they asked him in what manner he was stopped, and he said he could not tell, for they put his hat over his eyes.

Is that true? - They did put my hat over my face after I was stopped.

Did you say at the office that they put your hat over your face so that you could not swear to any of them? - No, I said they put my hat over my eyes.

Prisoner Barker. The woman said the same, but the man said at the office that we held his hat before his eyes, and he could not distinguish one from the other, and they asked him if he could swear to us, and he said he could not.

Holmes. I believe I did say I did not chuse to swear to them.

Did you give any reason for it? - No, my Lord, no reason particular.

Prisoner. What time was it that he was robbed? - I think it was nearly about ten minutes before ten.

Prisoner Barker. He said at the office he was robbed at half past nine? - I do not remember I said any such word.

Court to Sarah Churchman . How dark was it? - I could see the men, but I could not distinguish their faces because they held down my hat.

Suppose they had not held down your hat, could you have seen them then? - Yes, I could.

Was it light enough to have distinguished their features? - Yes, it was.

WILLIAM BOYER sworn.

I am one of the patrol belonging to Bow-street, on the morning of the 8th of June we apprehended the three prisoners at the bar at the end of Portland-street, being about twenty minutes past twelve, I thought them suspicious persons, and on searching Gahagan I found six pence and three pence halfpenny in his waistcoat pocket, we then secured them all three, and brought them down to Covent-garden round-house.

Had either of them got any thing in their hands? - One of them had a leg of mutton in his hands, the prisoner Smith.

Had they any weapons of any sort? - No, I do not recollect whether one of them might not have a stick.

What account did these men give of themselves? - They gave a pretty good account of themselves, they said they had been at Paddington, and that the leg of mutton was bought by one Mr. Brown at Paddington, they said they had been all together.

JOSEPH CREEDLAND sworn.

I am another of the patrol, I stopped the prisoners, I found two silk handkerchiefs, and a leg of mutton on Joseph Smith , he had a stick as big as my fore finger.

JOSEPH SMITH 's DEFENCE.

My Lord, the prisoner Barker and me were drinking together all the afternoon, at the Three Tuns, in Brook's-market, and a young fellow who parted from us in Gray's Inn-Lane, one of our trade, a shoe-maker; he said he was going to Paddington to take leave of some of his friends that were going into the country, he asked us to come about six or seven to spend the evening, accordingly we staid rather longer at this publick-house, we staid there till ten o'clock, and ten o'clock we went from this publick-house to Paddington, and going along

Tottenham-court-road, we turned down the left-hand from the road to go to Paddington, and just as we went between the turnpike and the work-house, we kicked something before us, and Barker picked it up, and he undid it, and in that silk handkerchief were rolled up these buckles, and some duplicates and other writings, and some gloves; he put the rest of the things in his own pocket, and granted me the favour of wiping my nose with the handkerchief, that was about half-past ten; then we went to the Crown at Paddington, and there we were to meet this young man, and when we came there he was gone; upon which we sat down to drink a pint or two of beer, and smoaked a pipe; and talking that we must go home; this young man and another man were sitting in the same box drinking, and they hearing us say that we must go to Gray's Inn Lane, this young man said, Gentlemen, I will walk along with you, if it is agreeable, I am going the same way; we all came out together, the fourth man left us, and went by Tyburn turnpike, and the patrol stopped us.

GEORGE GAHAGAN 's DEFENCE.

I was drinking with a man that I had been at work for that day, and was enjoying myself, and these two young men came in and drank, but not in my company, I offered to go with them, and we went and the patrol stopped us, the man had just paid me 5 s. 6 d. and I paid for two pots of beer, and a paper of tobacco.

WILLIAM BARKER 's DEFENCE.

I say the same as Joseph Smith .

George Gahagan . I have a witness to call, the man that I did the work for that paid me the money.

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

PHILIP READHEAD sworn.

I saw the prisoner Smith at the Three Tuns, Brook's-market, on the 7th of June, I am sure it was that day, it was on Saturday I saw him there, at nine o'clock in the evening, he was in company with the prisoner Barker, and several others, I live in Brook's-market, just by the Three Tuns, I am a porter, I have not seen Smith above three times; my wife was nursing at the Three Tuns, and so I saw Smith come in and go out there, I never saw any thing else of him.

How long did you stay at the Three Tuns this time? - I was there from eight till ten: a little after ten I went out:

Was you in company with them? - No, I was only by myself.

How soon after this was you called upon to recollect it? - Only last night.

How came you to know that this was the 7th of June? - To the best of my knowledge, it was the 7th of June, I know it was on a Saturday.

How long was it ago? - I believe it may be seven or eight weeks ago, I cannot positively say.

PETER FITZPATRICK sworn.

I am a watchman in Brook's-market, I know nothing about the men, only I went my rounds, and afterwards I generally go into this publick-house, and I went in after going my rounds, and saw Smith and Barker in the publick house, that was on a Saturday, about twenty minutes after ten, I had seen them there a dozen nights; the next morning I heard they were taken into custody, I staid these about twenty minutes.

ALL THREE NOT GUILTY .

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

Reference Number: t17830723-18

487. JOSEPH SMITH , GEORGE GAHAGAN , and WILLIAM BARKER , were again indicted for feloniously

assaulting Richard Holmes , on the King's highway, on the 7th of June last, and putting him in fear and danger of his life, and taking from his person, and against his will, a pair of silver buckles, value 10 s. one tin comb case, value 2 d. one horn comb, value 3 d. one piece of gold coin of this realm, called a guinea, value 1 l. 1 s. and 4 s. in monies numbered, his property, and one leather glove, value 2 d. the goods of Sarah Churchman , spinster .

RICHARD HOLMES sworn.

On the 7th of June, about ten minutes before ten, I was stopped by these prisoners at the bar; two of them seized me, and robbed me, they took from me one guinea in gold, four shillings in silver, and four-pence in halfpence, a pair of leather gloves, a leather olive coloured glove, a horn comb, and tin case, a linen handkerchief, and a pair of silver buckles; I believe that was all; I swore to two men Smith and Barker that robbed me, and the other was in company at the same time; the reason that I would not swear to one of the gentlemen was, because I was cautious.

What clothes had they on? - The man in the middle had a light coloured coat on, the right hand man had such a sort of coat as the man in the middle had on; Smith had a loose brown coat, I can swear to my gloves.

WILLIAM BOWYER sworn.

After stopping the prisoners, and searching the prisoner Barker, I found these buckles in his side pocket, one pair of mens gloves, and an odd glove.

Court to Holmes. Was that glove took from you? - Yes, we stopped to drink a bottle of Ringwood ale, at the Green man, the woman got up, and took only one of her gloves; the other remained on the table with mine, I put all three in my pocket, together, these gloves were taken out of my pocket, I can swear to mine, and to her glove too.

(The glove deposed to by Sarah Churchman .)

Prisoner Barker. I look upon it, my Lord, that these runners have been along with him, and making him swear to us, and I think it is a very hard thing for a man to have his life swore away, as this woman before the Justice said, she could not swear to the single glove.

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

Reference Number: t17830723-18

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: t17830723-18

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 23d of JULY, 1783, and the following Days;

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

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

NUMBER VI. PART IV.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Jos. Smith, Geo. Gahagan , and Wm. Barker .

Sarah Churchman . I said I could swear to the glove, as it was like this here I have on, I was at the Green Man, and drank along with Richard Holmes , and he put it into his pocket along with his own.

Prisoners. All the gloves were in the bundle.

Prisoner Smith. They swear to us, and this young man and me were in the publick house at the time, it was half an hour after ten; this young man is an entire stranger to us.

PRISONER BARKER's DEFENCE.

I was drinking at Brook's market all the afternoon, and I left the house about ten o'clock, to go and see an acquaintance I appointed to meet at Paddington, and when I came there he was gone.

GEORGE GAHAGAN 's DEFENCE.

I have a witness here.

Court to Smith. Would you wish I should call this witness again to your character again? - Yes.

(The witness called to Smith's character as before.)

(The buckles deposed to by Holmes.)

They were taken out of my shoes.

Is there any mark on them? - Yes, neither of them have the tongues in, that they had when they were bought, they have new tongues.

What sort of a stick was it the man struck you with? - It appeared to me to be a club-stick, with a knob at the end of it, of some sort.

Jury. Which man was it that took the buckles out of your shoes? - Barker and Smith, I think Barker stooped first.

Was the hat before your eyes all this time? - I shifted it a little over my left eye, that was the time I saw Gahagan stooping down to Sarah Churchman , and some of them asked her, if they were silver; says she you may look if you please.

You are sure it was you yourself that put the hat aside from your eyes? - Yes, I did it by shifting it.

Prisoner Barker. When we were before the Justice, they asked him why he could not swear to us; he said we held his hat

so over his eyes, that he could not see us? - I told them I did not chuse to swear to them then, but I should chuse to see them again first, and this is the second time that I have seen them.

For Prisoner Gahagan.

ALEXANDER RANGE sworn.

I am a blacksmith, I had a copper for the prisoner to set, and a little grate for my wife, and I employed the prisoner Gahagan to set it up, and I was to give him five shillings and sixpence, which I paid him, this was in Paddington, at the Crown, it was last Whitsun-Saturday I employed him, at breakfast time at nine o'clock, and I did not come home from my daily labour till eight on the Saturday night, and we went and had some beer, and I paid him, and we staid together till very nigh eleven o'clock.

Was any body in company with him at that time? - No, my Lord, I did not see any body.

Did he go away with any body? - Not to my knowledge, I saw him out of the door.

And he did not go with any body? - Not that I saw, I paid him, and he spent much about eight-pence half-penny of the five shillings and sixpence.

He was in company with you all the evening at the alehouse? - Yes, along with my wife.

How long did you stay after him? - I went home.

Did you go out at the same time with him? - Yes.

And there was nobody in company with him? - I saw nobody in company with him.

Whereabout did you part? - At the alehouse door.

If there had been any body with him on going out, you must have seen them? - Yes.

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

Prisoner Barker. My witnesses are gone, they were here yesterday; but Mr. Horsepool knows me.

Horsepool. I know nothing of his character, he has been at my house several times peaceable and quiet.

The Jury retired some time, and returned with a verdict,

ALL THREE NOT GUILTY .

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

Reference Number: t17830723-19

488. The said JOSEPH SMITH and GEORGE GAHAGAN , were indicted for feloniously assaulting Jane, the wife of William Garrett , on the King's highway, on the 7th of June last, and putting her in fear and danger of her life, and taking from her person, and against her will, one linen bag, value 2 d. and one leg of mutton, of the weight of 7 l. value 2 s. the property of the said William .

JANE GARRETT sworn.

I am wife to William Garrett , I live in Kentish Town, on the 7th of June last, as I came by the Adam and Eve, some clock struck eleven; and I was robbed a few minutes after that by three footpads, the other side of the Adam and Eve, I lost a linen bag and a leg of mutton; one of them asked me what money I had, I said I had a few farthings, and he asked me what I had in the bag; he said he would have that, and took hold of me by my right arm, and pushed me along; I let him have it, he took it off my right shoulder.

What became of the other men? - They stood by, they did not speak to me; he did not touch me no further than taking the leg of mutton from me.

Had you ever seen either of the men before? - No.

Had you an opportunity of observing either of their faces? - I had a great while an opportunity of observing them all, I know two of them, I saw them the Monday following, it was not very light of dark.

Did you know the men again which took the leg of mutton from you? - It was Gahagan, I saw him the Monday after at

the Justice's, and knew him again, nobody pointed him out to me.

Prisoner Gahagan. This woman could not swear to me at the office, nor never a one of us.

Court. Did you swear to him at the Justice's? - We swore to our property, not to the man, they did not ask us.

Court. Was there no question asked you about the men? - No, my Lord, they did not.

How near did the other man stand by you? - I was upon the King's highway, and they were upon the foot path.

Do you know the other man again? - Yes, I cannot find him here to my knowledge, I cannot swear to one; the furthest one I do not swear to, but there were three in company.

When you was at the Justice's you say you swore to your property; what property? - A handkerchief that they took from my husband.

Did you find the bag again? - No, I could not, but the weight was seven pounds and a quarter.

Prisoner Smith. The woman said before the mutton was weighed, that it weighed six pounds and a half; afterwards the officer who apprehended us, took the mutton out, and called this woman on one side and her husband, and told them the weight, and then she said it weighed seven pounds and a quarter.

Prisoner Gahagan. What do you know me by? - I knew him the moment I saw him again, they were standing by me a long time while they were robbing my husband.

WILLIAM GARRARD sworn.

I am the husband of the last witness, the prisoners took a leg of mutton from my wife, I stood close by her, the while three men came up, I could not see their faces, I was blinded, they put my hat over my face, the whole three were about me; I was robbed of half a guinea in gold, and a silk handkerchief which was about my neck.

WILLIAM BOWYER sworn.

I am one of the patrol, about twenty minutes past twelve on the night of the 7th of June, I apprehended the prisoners at the bar; the prisoner Smith had a leg of mutton in his hand along with the other prisoner Barker, who is discharged, we took them to Covent-garden watch-house; I went to the Brown Bear , and there the man was in the house, that said, his wife had lost a leg of mutton; the leg of mutton was weighed on the Monday, and the woman said, it was seven pounds and a half, and it was so.

Did she tell you that before it was weighed? - Yes, the man said it was six pounds and a half, we took them at the end of Portland-street.

Court. Tell me all that was found upon him? - There was a silk handkerchief, the other patrol has it in his possession, I saw it taken from Smith; there was money taken from him, ten shillings and one penny; the prisoner that was discharged, there was half a guinea found in his mouth, at the watch-house.

Was any thing found on Gahagan? - I know nothing more.

JOSEPH CREEDLAND sworn.

I am one of the patrol, we met the prisoners at the top of Portland-street, I took from Joseph Smith the leg of mutton, two silk handkerchiefs, a pair of gloves, an apron, nine shillings, and some half-pence, the others was in company with Smith, but I found nothing on them.

PRISONER GAHAGAN's DEFENCE.

I know nothing of this matter; I never had the leg of mutton in my hand; I was at his house in Paddington.

PRISONER SMITH's DEFENCE.

The leg of mutton I and Barker bought at Paddington, of a butcher, there was seven pounds odd, and we gave four pence half-penny a pound for it.

Court. Is the butcher here? - No.

ALEXANDER RANGE sworn,

For the Prisoner Gahagan,

Deposed as on the former indictment, and also gave him a good character.

William Horsepool and Walter Gibbins , also deposed for the Prisoner Gahagan as before.

The Prisoner Smith's witnesses deposed as on his first trial.

- MACKINZIE sworn.

I am master of the Three-tuns; the prisoner Smith and one Barker were drinking at my house till past ten the night before they were taken; they had been at my house for some time.

William Garrett called again.

(The handkerchief deposed to.)

Court. Are you sure that was the handderchief you had on, the night of the 11th of June? - Yes.

Can you swear it is the handkerchief you had on? - I think I can.

Can you or not? - I can.

Have you lost any other? - No.

Jury. Is there any mark on it? - Yes, here is a small darn.

Jury. Who darned it for you? - A gentlewoman in Kentish-town.

Not your wife? - No.

JOSEPH SMITH , NOT GUILTY .

GEORGE GAHAGAN , GUILTY ( Death .)

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

Reference Number: t17830723-20

489. The said JOSEPH SMITH was again indicted, for feloniously assaulting Benjamin Churchill on the King's highway on the 7th of June last, and putting him in fear and danger of his life, and taking from his person and against his will, two silk handkerchiefs, value 1 s. one pair of leather shoes, value 3 s. and 7 s. in monies numbered, his property .

BENJAMIN CHURCHILL sworn.

I am a cooper in Windmill-street, Tottenham-court road, coming from Hampstead , between the Crown and the turnpike, about half past eleven o'clock, I was robbed by the prisoner Joseph Smith and two others; Smith was the man that stopped me and struck me with a stick, not a very great stick, a short stick, they said nothing to me, they pushed me against the watch-box, one stood over me, and the other took my money, and two silk handkerchiefs, and a pair of shoes, I lost seven shillings in money, and the other things mentioned in the indictment.

Were they new shoes? - No.

What sort of a night was it? - It was not a dark night, nor it was not a very light night.

Could you discern the features of the prisoner's face, so as to know him again? - Yes, I saw him again the Thursday after at Bow-street, I knew him there, and charged him with having robbed me.

- CREELAND sworn.

I stopped the prisoner at the top of Portland road, and took from him two silk handkerchiefs, about two minutes after twelve, on the 7th of June, I took from him two silk handkerchiefs, but no shoes; the handkerchiefs are here, and have been in my possession ever since, Churchill looked at the handkerchiefs and said, his was a cross barred handkerchiefs, but not like this.

Prisoner. What time of night was it, when you was robbed? - About half after eleven, as near as I can guess.

What can you swear to me by, it was a very dark night? - I took particular notice of him when he first came up to me, and another thing, he stood by me on the left hand side, and they held a hat before my face, and I took notice of him the whole time.

PRISONER's DEFENCE.

I am as innocent as a child unborn, I

had no such property about me, nor had I any of the property.

The Prisoner's witnesses called as before.

NOT GUILTY .

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

Reference Number: t17830723-21

490. The said JOSEPH SMITH was again indicted, for feloniously assaulting William Garrett on the King's highway, on the 7th day of June last, and putting him in fear and danger of his life, and taking from his person, and against his will, one silk handkerchief, value 1 s. and 10 s. 0 d. in money, his property .

There being no evidence against the prisoner on this indictment, he was

ACQUITTED .

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

Reference Number: t17830723-22

491. WILLIAM HARPER was indicted for feloniously stealing and leading away, on the 12th of June last, one mare, price 5 l. the property of William Smith .

WILLIAM SMITH sworn.

I lost a mare on the 12th of June, she was turned out between six and seven in the evening, and the 13th she was up here, at Smithfield; I missed her the next morning; and Bradbury came to let me know the mare was at Smithfield, and after that he offered to give me ten pounds not to appear against his brother-in-law, who he said had bought her; he said, he would give me ten pounds, and give me the mare again; I sent for a constable and took him up, and had him before the Justice at Uxbridge, and he had two men to be bound for him; the next morning I came to see after my mare, and I found her with a lock round her foot, the same that she had on when she was turned out; I found her at this man's house.

Court. How came Bradbury to apply to you? - He came down to let me know where the mare was, and then he said, a brother-in-law of his had bought this mare in Smithfield.

Court. Had the mare been advertised and cried at Smithfield, before Bradbury came to you? - Yes.

- BRADBURY sworn.

I am a butcher, I know nothing otherwise than I saw the prisoner come with the intention to sell the mare at Sharp's alley, and Mr. Beaumont stopped her directly, on suspicion of being stolen; that was the 18th of June; I cannot particularly recollect the day, she had not been advertised then; Beaumont is a stable keeper in Smithfield.

Court. What had you to do with the mare? - I had nothing to do with the mare, only seeing her stopped, I never offered him any such thing as he says; he said, the mare was worth ten guineas, but that is more than anybody liked to give, and I never offered him ten guineas.

How came you to go to Smith at all? - They said, I should he troubled about it.

Why so? - On account as the mare was stopped in a yard where we live by; but it is an open yard, where the people put carts and things; it is a place called the coach yard.

That is your yard? - No, only we have a place that joins the yard.

Do not you buy horses to kill? - No, Sir, I never killed one, nor I never bought above two horses in my life; I never was in trouble in my life; I am sure I cannot tell how I came to be afraid of getting into trouble; the mare was offered to me for sale, by the prisoner at the bar.

What bargain did you make for her? - The time we was going to buy her, he brought her down to our place, to sell her as a glandered mare; he said she was old.

Upon your oath, do not you buy horses to kill? - Upon my oath, I never bought one to kill in my life; I took it round to one Mr. Bosworth.

What is he? - He is a neighbour of mine, not a brother-in-law, and while Bosworth was bargaining for it, Beaumont came down and took charge of it; the mare was hardly down in the yard.

Court. Was it a glandered horse? - I do not know what a glandered horse is.

You were bargaining for this horse for Mr. Bosworth? - I was.

Was the prisoner there when Mr. Beaumont came down? - He was.

How came you to offer Smith the ten guineas? - I never offered him any such money.

Did you offer him no money? - Yes, I have offered money, I cannot particularly say what; I cannot recollect what I was going to do directly.

Recollect Sir? - I cannot, I do assure you, it might be a pound or two for ought I know.

What did you offer him that money for? - I cannot tell, I never was in such a thing in my life, I suppose with intent to make it up.

Make what up? - Because I should not come into trouble.

What was you afraid of? - I cannot tell you.

Have you any other witnesses here, that were present when the prisoner offered the horse to you for sale? - No.

You cannot tell why you was afraid of coming into trouble? - I cannot tell; one and another told me I should come into trouble.

What for? - Because I bid money for the horse.

Did not they tell you, you would be in trouble because the mare was found in your possession, and she was stolen? - She never was in my possession at all; I did offer money, but I cannot tell how much.

Court to Smith. What did this man say to you when he came first to you? - When he came to me first, he told me where the mare was, and after, he offered to give me ten pounds to make it up for a brother in law of his, on account of buying her; but this was the man that bought her, I told him I would not take it; here is a witness at the door that heard him.

JAMES WOODLEY sworn.

Did you hear the conversation between Bradbury and Smith about this man? - About ten o'clock, on the 16th, I was sent for to take charge of Bradbury, on his offering him money in my hearing; he repeated that he came down on purpose, and would give Smith ten pounds, or any sum he should mention, not to appear against the man who bought her, or the man that stole her; for the man that bought her was brother in law to him, and therefore he was afraid that they both would be hanged; that his brother in law had bought the mare, with the lock round her foot.

Court to Bradbury. Now, what do you say, have both these witnesses sworn falsely? - I do not say they have, I do not deny that I offered money, I cannot take upon myself to say how much, I have only one brother in law; I cannot recollect having said such words, I was so much confused, I never was in any trouble.

Court. Let Bradbury be kept in court.

WILLIAM BORMAN sworn.

A person that went down to my stable told me, he had seen a man, the 13th of June that had stolen a horse; I went to Sharp's Alley, and the mare was standing in a stable, and the prisoner and Bradbury were together; I do not know whose stable it was; Bradbury shewed it to me, he was standing with the prisoner, and this acquaintance of mine asked him if he did not come down there on a mare; my acquaintance's name is Lamb, I took the prisoner into custody, and brought him to my own yard; the prisoner said nothing about the mare, Bradbury said to the prisoner, it is a stolen one, give me my money again, and the prisoner returned some money back, I did not see the mare sold, but I saw some money returned, there was half a guinea, and half a crown, and to the best of my remembrance two shillings in silver; I saw the mare.

Court. What might she be worth? - I reckon she might be worth five pounds to all appearance.

Court. Was she not worth ten pounds? - I do not know that she might, it is according as they are for qualifications.

Court. Then the money was returned to Bradbury by the prisoner? - Yes.

You did not see the prisoner sell him? - No.

What did the prisoner say about the mare in your hearing? - He said nothing; I asked him going along about this mare, and he said it was his own property, he had had her above a twelvemonth.

Court. Did he say whether he had sold her to Bradbury or not? - No, he did not.

Are you sure he said the mare was his own property? - Yes.

Court. What are you? - A stable keeper.

How came you to go after this mare? - I tell you the person that was by when I bought the horse of him in October, told me he had seen the man that sold me the stolen horse; I took the prisoner and brought him to my own yard, and gave him in charge, and then the constable went to fetch the mare to my stable; when we returned for her she was tied to the wheel of a cart, and eating some hay, I brought her and put her into my stable.

Court. Where do you live Smith? - At Cowley by Hillington, Middlesex.

- CATCHPOLE sworn.

I think I heard the man say the mare was his own, I went and fetched her away.

The prisoner delivered in a written defence which was read by Mr. Reynolds.

The case of William Harper , Gardner, of Slough, in the county of Bucks.

On Friday June 20, I came up to London, setting out at five o'clock in the morning, to walk up to see a father who was ill, and my having occasion to purchase a horse, which I wanted for a temporary use to go in a cart to bring up fruit to the London markets, the produce of my own garden, and what I might occasionally purchase, and being informed it was the market day at Smithfield, I repaired there, where I spoke to a man going through the market with a horse, I asked him the price thereof, he told me twenty shillings; I told him I thought the horse was glandered; he said that was not a found price, and asked me my use for the said horse, which I informed him was to bring up fruit from Slough twice or three times a week to the London markets, and should not have occasion for him above three months; after which time I must sell him again, which was my reason of purchasing one at so low a price; he then answered me, that if he was well kept, and going to grass a day or two in a week, he might answer my purpose for that time; I offered him sixteen shillings for the said horse, which he took and we parted.

Some few minutes after a man came to me, and asked me, had I that horse to sell, I answered, no, but had just purchased it; he asked me what I had given for him, I told him sixteen shillings; he said, what might be my use for him, I told him to bring up fruit from Slough to the London markets: he said he was very bad with the glanders, and was certain he would not be able to perform or go through one journey, and was of no use but to kill for dogs flesh, I then asked the advice of one or two persons standing by, who answered the same; and said, that in the time of the market, I might purchase one for twenty-five or thirty shillings, which might answer my purpose, there being such brought into the market at this time of the year.

I having then the said horse on my hands, had not cash enough to purchase another, without disposing of the said horse, which I was unacquainted with where to do; they informed me there was people who bought such horses to kill for dogs flesh, at Cow Cross, where I went to dispose of him, when a person came and took me up.

Court to Jury. Gentlemen, If you can place a thorough reliance on the evidence; the property was found in the possession of the prisoner, and offered by him for sale very recently after it was stolen; but the prisoner is certainly intitled to the benefit

of the contradictions arising out of the evidence against him, and there are as strong contradictions in this case, as there can be; for Smith, who seemed to speak fairly, he gives an account of Bradbury, in circumstances, that shew a consciousness of his being himself a guilty man, for there is no way of accounting for his offering so large a sum, without being conscious of having a share in that transaction; Smith's evidence goes strongly to impeach the evidence of Bradbury, who, upon the whole, appears a witness very little deserving of your credit.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Court to Bradbury. From the circumstances that have appeared in evidence, in this case, if you had not been examined as a witness, and a part of this case came out from your own evidence, I should certainly have directed you to have been detained, and indicted for buying this mare, knowing her to be stolen; I therefore recommend it to you, to be very careful in future how you conduct yourself; there is also another thing to which you might have been liable upon the evidence you have given in this case, and that is an indictment for perjury; you may therefore think yourself very well off that you are permitted to depart the court.

Reference Number: t17830723-23

492. JAMES RIVERS otherwise DAVIS was indicted for feloniously making an assault on the 17th day of June last, with force and arms, in the dwelling house of Paul Maylor , on Nathaniel Thwaite , and putting him in fear and danger of his life, and taking from his person and against his will, one linen bag, value 1 d. thirty-eight pieces of gold coin of this realm called guineas, value 39 l. 18 s. and one piece of gold coin of this realm, called a half guinea, value 10 s. 6 d. the property of the said Paul Maylor .

The Witnesses examined apart at the request of the prisoner.

NATHANIEL THWAITE sworn.

On Thursday the 17th of June, about twelve at noon, I was in the office of Mr. Paul Maylor , and the prisoner at the bar and another man came into my office; I had known the prisoner before; I asked him what is your business now Davis; I have paid you your prize money before; (Mr. Maylor is agent for the prizes;) Davis said, I have a right to further prize money, if you will look over your books you will find my name there; I told him I had examined them before, but would do it again for his satisfaction, and I bade him sit down while I examined; the prisoner called to his companion; says he, sit down and shut the door; no, says I, I do not hold to the door being shut, there is no occasion for that, and so they sat down; I went to look at the books, and while I was at the books they shut the door, and before I had done the examination, I was surprized to find them both behind me, and a pistol of each side of me; Davis said, Sir, it does not signify further examination, we have no time to lose, you must deliver your money; they added many threats, that if I did not deliver it they would certainly blow my brains out; in consequence of that, I gave Davis the bag containing thirty-eight guineas and a half, to the best of my knowledge; I was quite alone in the office; Davis then produced a common prayer book, and said, as you are a gentleman, you will swear, that you will not make a noise, for the space of ten minutes, and he made me swear on it, he said, if you do not swear, you are a dead man; after that, they both quitted the office, they locked me in, and left the key on the mat in the hall through the house; I published hand bills, and put it in the papers, and the prisoner was taken by the Justice's men.

Prisoner's Council. You say, this was about twelve at noon day? - Yes.

In whose house? - In Mr. Paul Maylor 's, it is backwards, at the end of the yard, you must go through all the house to it.

How were the people dressed that came

to you? - Sailor like, I knew Davis, I have no doubt of his person.

You have seen a great many sailors in your office, have you not? - A great many.

How many do you think? - One thousand.

When did you first give any alarm? - As soon as I could, Mr. Maylor was in the parlour, and he let me out.

You say, they asked you for money? - Yes.

What did you give them? - A little bag containing thirty-eight guineas and a half.

Where was that? - In my pocket.

How long had you had it in your pocket? - I carry such a bag in my pocket every day; I had supplied that bag with fifty guineas that morning.

Then I suppose as you wanted money, you took and put it into that bag? - Yes, Sir, for paying prize money.

Did you apply this money ever to any other uses? - No, no other uses.

Where did you get the money? - I had the money at the bank.

You reckon that you was answerable to Mr. Maylor for that money? - Yes.

Jury. Was there any prize money due to them then? - No, there was not.

Court. A man may steal his own property; if there had been prize money due to them, and they had demanded it with a pistol, I should have considered it as a robbery.

Jury. Where is the other man? - I do not know, Davis said, he was a friend of his.

JOSEPH LEVI sworn.

Information was brought to our office, concerning this robbery, and who had done it; I went down in the morning to the place where the prisoner cohabited with a woman, and I burst open the door and told him to get up; when he got out of bed I took his cloaths, and I told him, now says I, Rivers, I want you for the robbery in Broad-street, says he, for God's sake get me admitted as an evidence; the young woman he lives with said, tell who the others were; I knew who they were, I went and fetched the other afterwards; when they came before the Justice, the prisoner and the other owned it before the Justice, and they were going to fight who should be evidence; the other is admitted as evidence, he owned to the robbery, they both owned it, the Justice thought proper to admit the other as an evidence; the prisoner acknowledged the robbery, there was no promise or threats made to him.

SAMUEL LOWE sworn.

I let in the prisoner and another man to Mr. Maylor's house, they went backwards to the office, and I stopped at the door a little while, and then I went down in the kitchen; I did not see them go out again, I only saw two men.

Prisoner's Council. You did not know either of them? - I knew that man before to the best of my belief, he came to the office; I swear that was the man.

- HARVEY sworn.

I am a gunsmith, I have known the prisoner five years; he came to me the 14th of June, and he said he was going to Portsmouth, to receive a sum of money, and he said he would be obliged to me to lend him a pair of pistols, for the roads were very dangerous; and he left me a watch till he returned the pistols; he returned them to me again on the 23d of June.

Jury. Pray, Sir, do you usually lend out pistols? - I have known him these five years.

Prisoner's Council. What was the prisoner? - He lived with the Captain of a ship, and my wife used to work for the Captain, and he used to bring the linen backwards and forwards.

WILLIAM THILSON sworn.

The prisoner is one of the men that went with intent to rob Mr. Maylor's

house, the prisoner and Roach and William Ware ; it was agreed that they were to go to Mr. Maylor's house, and enquire for prize money, and if they did not get prize money, they were to rob the office; I was along with them in company, I did not go to the house with them, I went part of the way.

Jury. Did you belong to the same ship. - No, I did not, I came down to see a shipmate of theirs, and they asked me to go with them; I went part of the way, I saw them afterwards, I met one of them separate first; and the other two afterwards, the prisoner was one.

Did they tell you any thing that had happened? - The prisoner pulled out some money and shewed it on the table, it was sixteen guineas.

Were you to have any share? - I had four guineas.

Were you all to share alike? - There was no agreement about it, Davis pulled out sixteen guineas, and gave me four, I was satisfied with it, I did not desire any.

PRISONER's DEFENCE.

That Gentleman with the blue cloaths declared before the Justice, that I was belonging to the ship called the Proserpine, by the name of James Davis , and I have been at Gibraltar with Sir Roger Curtis . I never was at Mr. Maylor's house in my life.

Court to Mr. Thwaite. You see the prisoner now? - Yes.

Is he the man? - I saw him so often, and when he came to my office, I called him by his name, says I Davis.

Jury. Rough sailors in their dresses are very like each other? - I shall be very well pleased if he gets off I assure you, but I have no doubt, beyond all contradiction, I have no doubt; I have seen him in my office several times before.

Prisoner. My Lord, as for seafaring cloaths, I have never worn any since I came away from Gibraltar.

Court to Thilson. How long have you known the prisoner? - I am sure he is the man that went with that intent.

Jury. I declare solemnly from my own feelings, if I had not known Mr. Thwaite, from the general description of sailors, the same sized men, and the same dressed men, I should think it very difficult to swear to the particular man.

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

GUILTY , Death .

Tried by the London Jury before Mr. RECORDER.

After the verdict the prisoner said, My Lord, I have a favor to beg, that this paper may be read in Court, I hope you will be pleased to look in it, and remember you have a Judge in Heaven; there it will all be forgiven; I never was before any gentlemen before, I have served my King and country.

Reference Number: t17830723-24

493. JAMES HATCH , was indicted, for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 5th day of June last, with force and arms, in and upon Thomas Cooper , in the peace of God, and our said Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and he the said James Hatch , with a certain whip, which he the said James Hatch , in his right hand, then and there had and held, in and upon the head of the said Thomas Cooper , feloniously, wilfully, and of his malice aforethought, did strike, giving him the said Thomas Cooper , by such striking with the whip aforesaid, upon the head of the said Thomas Cooper , one mortal wound, of which the said Thomas Cooper did languish, and languishing did live, and of the mortal wound aforesaid, upon the 16th day of June, the said Thomas Cooper died, and that he the said James Hatch the said Thomas Cooper , feloniously, wilfully, and of his malice aforethought, did slay and murder .

The said James Hatch was also charged

with the said murder on the Coroner's inquisition.

DENNIS PERRIER sworn.

I was collector at the turnpike gate, at the time this affair happened, I saw the prisoner hit Cooper with the whip; he refused to pay his toll, I stopped his horse, and told him that he should pay his toll, he was going to strike me over the head with the whip, it was a hunting whip, he did not strike me; on hearing this contest between the prisoner and me, Cooper came out, and took the whip out of his hands, and threw it into the toll-house; then he dismounted his horse, I tried to stop him from going in, I hit him twice in the face, he pushed me, and I fetched blood of him.

Was it the prisoner, or yourself that struck first? - I believe it was myself; I saw no more till after the whip was delivered; on the delivery of the whip, the deceased was turning from him to go to the house, and he hit him over the head with it, as he was going in at the doorway, I did not see or hear what passed between them to occasion this; the blow was on the top of the head, I saw only one blow; the deceased reeled against the door way, and said for God's sake, stop him, for I do not know whether I am not a dead man or no; I never saw them together after that time; I did not hear them speak together; the prisoner was stopped, Mr. Flowers, a surgeon, was sent for to dress the wound of the deceased, he came and saw him in the toll house, I believe he bled a little in the face.

Prisoner's Council. This prisoner had two horses when he was going by, had not he? - Yes.

I believe he had paid two-pence? - He had paid nothing at our gate.

Some blows passed, you struck him, but he did not strike you? - I do not recollect that he did, Cooper took his whip from him.

Do you remember his breaking his whip? - No, I never saw it afterwards.

Before he seized the whip, had this man struck Cooper? - No.

Then afterwards the whip was returned, and one blow was given? - Yes, he was taken before the Justice and discharged.

JOHN HOCKNELL sworn.

You was at the turnpike gate when this accident happened? - Yes.

Did you see the prisoner at the bar, and Cooper together the whole time? - When I was coming up the town with my stage coach, I was stopped at the turnpike.

WILLIAM PLIMS sworn.

I saw the prisoner strike Cooper, I have a lodging opposite the gate, I was up stairs and I heard a noise at the gate, I went down to see what was the matter, I saw the prisoner, his face was bloody; I said to him, you had better go about your business, you must pay the toll; he said they have a shilling of my money, I said then you must have your change; Cooper said here is his change, he brought out the change, and when he brought it out Cooper gave him a knock in the face; says I, why do you do that; says he, he struck me before; his whip was within doors, the prisoner said he would not have it; he gave it to him, he took it into his hand, as Cooper was going in doors again.

Court. Are you sure you recollect this circumstance of the deceased being turned round when the blow was given? - I am very clear of it, it was directed to the side of his head, and he leaned against the door-post, he did not tumble down, I seized the prisoner and took him in doors; between the giving of the change, and the time of the blow on the head, I believe might be a minute and a half.

Was any thing else done then going into the house? - No, he gave him the change, then he went back to fetch the whip, and gave it him, and he struck him over the head; he did not take the whip directly.

- FLOWERS sworn.

On the 5th of June, in the afternoon, I was called to see the deceased, and I found he had received a wound on the left side of the head, about two inches in length,

which had not penetrated the scull; after having cleared it as was necessary, I perceived no symptom at that time that indicated any danger, but being taught that all wounds on the head are dangerous, and having from experience seen they are so; I was very particular as to my enquiries of his state of health, and I could not discover he had any of those symptoms which could indicate that any injury was done whatever, he had no sickness or giddiness, he never was stunned; I dressed his wound, and was in hopes every thing would go on well; but I think it was on the twelfth or thirteenth from the accident, that he complained of a stiffness in the joint of his jaw, he said, he believed it might proceed from a cold; the next day the stiffness increased, and his jaw was locked, and he had other symptoms of a locked jaw; he lived till the 16th: In order that there might be no possibility of being mistaken, I opened a portion of the scalp, in order to examine the bone, and there was no injury whatever, therefore we continued to treat him in the usual way that we do locked jaws, but he expired on the sixteenth: On the seventeeth, I opened the head, and there was no injury apparent.

What occasioned his death? - I suppose he died of the locked jaw, which locked jaw I conceive might have proceeded from the wound.

Prisoner's Council. Might it have proceeded from any other cause?

Court. Is there any other apparent cause? - He was perfectly well in health.

Prisoner's Council. Was he a hard drinking man? - I enquired, but they said not, he was very tractable.

PRISONER's DEFENCE.

I leave it to my council.

COLONEL DUBERG sworn.

The man is a servant either to my brother or mother, I cannot say which, he has been always remarkably sober and honest, and the most unlikely man to get into an affray of this kind.

- SLADE sworn.

I am a magistrate, the deceased was before me after the assault, it apeared to me to be a quarrel between the people, and from the relation of Cooper, I found that the turnpike people were the agressors, Cooper struck him first, and I believe gave him one black eye, I do not recollect whether he struck him more than once.

Court. Gentlemen of the Jury, the crime of murder is killing another with malice prepense; it is either express or implied; implied is often a question in law, and arises from the instrument, or the manner in which it is used; in general cases, where a person is killed by violent means, the author of these violent means, is at first sight deemed guilty of murder, and it lays on him to prove the circumstances attending the case, to extenuate the degree of guilt, and reduce it to a lesser offence; now if a man has been insulted himself, and receives any personal injury, and there is any reason to believe that the blow which was given, proceeded from sudden heat and violence, that reduces the crime from what the law calls murder, to the crime of manslaughter only; now from the evidence, it seems to be perfectly clear, that the unfortunate deceased got his death from the blow of the prisoner, for although a locked jaw was the immediate cause, yet that proceeded, as the surgeon says, from the wound; the next question therefore is, whether this blow was given in a sudden heat by the deceased, and on some personal injury he had received from him; as to that, there seems to be no contradiction at all in any part of the evidence, Perier tells you &c. (here the learned Judge summed up the evidence on both sides, and then added) from the evidence on the prosecution it is clear, that the prisoner had been assaulted, not only by Perier, but by the deceased; the prisoner might be wrong, in making any difficulty in paying the toll, and perhaps they might be justified in taking something to pay the toll, but Perier gave the prisoner two violent blows, and at last the deceased gave him a blow, without any

cause or provocation whatever; the blow which the prisoner gave the deceased, was not given with such violence as to create any fracture on the scull, and the surgeon saw no circumstances of danger at all.

GUILTY

Of manslaughter, but not guilty of wilful murder .

To be fined 12 d. and imprisoned two months in Newgate .

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

Reference Number: t17830723-25

494. JOHN LLOYD , otherwise JOHN FERDINANDO LLOYD was indicted, for that he, on the 13th of July last, in the dwelling house of John Martin and John Tweedale , upon Susannah Martin , spinster , did make an assault, and two silver salt cellers, value 15 s. a silver table spoon, value 12 s. and two silver salt spoons, value 2 s. then and there violently and feloniously did steal and take away .

Another Count, for that he, on the said 13th day of July, at the said dwelling house, feloniously did break and enter, one Susannah Martin then being therein, and her the said Susannah feloniously assaulted and put in fear.

Another Count, that he, on the said 13th day of July, feloniously did steal, take, and carry away, two silver salt cellars, value 15 s. one silver table spoon, value 12 s. two silver salt spoons, value 2 s. the same goods and chattles being in the dwelling house of the said John Martin and John Tweedale , and one Susannah Martin then and there assaulted, and put in fear of her life by him.

Prisoner. I hope your Lordship will permit me to have the witnesses examined apart.

Court. Undoubtedly; have you any witnesses of your own? - No, Sir, none.

Court. You cannot examine any witnesses either to fact or character, that you do not now mention, therefore it is necessary if you have any, either to fact or character that they should also withdraw.

Prisoner. I have none at all.

Court. Are all the other witnesses withdrawn? - They are.

JOHN MARTIN sworn.

Where do you live? - In King-street, Soho .

Who is Susannah Martin ? - She is my servant .

Is she any relation, being the same name? - No.

What do you know of this charge against the prisoner? - Nothing, but by report, I was from home.

Whose dwelling house is this? - Mr. John Tweedale 's and mine.

Court to Prisoner. Do you ask this person any questions? - No, Sir, none.

SUSANNAH MARTIN sworn.

I live in King-street, on the 13th of July I was at home, I am maid servant of all work to Mr. John Martin , I was sitting in the fore parlour with the children, there was nobody at home but the children and me, they were Mr. Martin's children, the prisoner knocked at the street door, I never saw him before, when I opened the door the prisoner asked me, if Mr. Tweedale or Mr. Martin were at home.

Are they in partnership together, as taylors? - Yes, I said, they were neither of them at home, he asked me if I thought they would be in in an hour's time, I said, I could not tell, perhaps they might; he said, then he would come in to write a note, and he came in, and I went up into the dining-room to fetch him some paper, pen and ink; I shewed him into the fore parlour, and as I was coming down stairs, I heard the cupboard door go to; I did not take any notice of that, I went into the passage to the little boy, who was sick there, and I heard the door again.

Court. Is the beauset a fixture in the house, or is it a cupboard of itself? - It goes into the wall.

It is not a separate piece of furniture? - No, Sir.

Do you recollect whether when you went up stairs and left the parlour, in order to bring the prisoner the ink, whether you left the beaufet shut? - It has folding doors, the doors were put to when I left the room.

Are you sure of that? - Yes.

How does it shut? - There is no lock on it.

How does it fasten? - There is no fastening only as it shuts to; I left the little boy in the passage, and came to the parlour door, and I met the prisoner at the parlour door, and he asked me if I could give him a candle, to seal the letter, I told him, I could not give him a candle, he said, a light of a match would do if I could give it him, I told him, I could not give him either; he said, then he would make a wafer do, and he put a wafer to it, and he gave it me, this is the note.

(The note read.)

"Sir,

"I should be obliged to you, if you will call on me in the morning,

I am, Sir, yours, C. JENKINS."

(No direction.)

As the prisoner was going out of the parlour door, I looked into the cupboard, and I saw the things were gone.

What things did you miss? - Two salts, two salt spoons, and one table spoon.

Are you sure these things were in the closet before the prisoner came into the room? - The children were both in the room, the eldest is but three years old.

Were they old enough to reach up to the beaufet? - The eldest could open the beaufet door, but could not reach any thing that was in it; when the prisoner was going to the door, I went into the passage and I told him to stop, for he had got something that he should not have; I was going to open the street door, and he caught hold of me, and told me, if I offered to speak or to move, he would beat my brains out; then he gave me a blow over my eye, I thought I had lost the sight of my eye, for some time I could not see, and with the force of his fingers in my mouth he forced out one of my teeth, he told me, if I would be quiet, he would go out quietly; I told him I would, and he opened the street door, and went out; I was laying down in the passage; he forced me down when he had his fingers in my mouth.

Court. Whose property were the spoons? - Mr. Martin's.

Court to Martin. Were the spoons and salts your property? - Yes.

Susannah Martin . I got up and went into the parlour, the parlour windows were both open, and a gentleman that lives opposite came up, and I desired him to follow the prisoner, he saw the condition I was in; his name is Blacketer, he saw the man run out, and he heard the children and me cry, I told him that the prisoner had robbed the house, he was at the parlour window, and he saw the prisoner walk two or three times across the parlour; but he did not know but he was a gentleman come on business, he pursued the prisoner directly; I look upon it, that my cries, and those of the children brought Mr. Blacketer over.

Court. Look at the prisoner, can you with certainty speak to his person? - Yes.

You are sure you cannot be mistaken? - No, it is impossible; Mr. Blacketer brought the prisoner back to our house, in about ten minutes, that I might be sure it was the same; I immediately recollected him, I told him he was the same person.

Was he searched? - No, not to my knowledge.

Court. Had he any weapons? - I did not see any.

Prisoner. I wish to know, when she left the parlour to go up stairs who she left in the room? - I left the two children in the room.

What height was the beaufet from the ground? - I cannot tell.

How do you know that the children could not have reached it? - I am positive they could not have reached the plate, because it was upon the higher shelf.

WILLIAM BLACKETER sworn.

I live opposite to Mr. Martin's, on the 13th of July I saw the prisoner at the bar come out of Mr. Martin's house, I heard the children and the maid cry out before he came out.

Did the prisoner walk gently away, or did he run out? - He came out the same as I would come out of my own door, and then he ran afterwards.

At what distance did he begin to run? - When he was got from the door about ten yards.

Do you remember Susannah Martin speaking to you? - I went to know what was the matter, and the girl looked out, and her face was all bloody, I did not go into the house till I fetched the prisoner back, she looked out of the parlour window next the street door.

To the best of your recollection, what did she say to you? - To run after that man, she was in a very shocking condition, I did not know what was the matter with her, her mouth was all bloody.

What did she say the man had done? - She told me to run after the man, and I ran after him, and overtook him in about the space of six or seven minutes.

Did you lose sight of him? - Yes, I lost sight of him, on purpose that I should catch him again, I met him in Gerrard street, and I took him, I only lost sight of him that once, that was when he ran about one hundred yards, I thought he would come into Prince's-street again, I am sure he was the man I saw coming out of the house; I brought him back to the house, I did not know what he had done, till I came back, when I came back, I went into the passage, and I left him in the parlour, I searched him afterwards in the watch-house, I found nothing on him; when I brought him home to the house, I went to ask the girl if this was the man that used her ill; she said yes; he said, says he, she says I am not the man; I heard her say no such thing, but I heard her say, he was the man when I came back again; the maid had picked up two salts, two salt spoons, and a table spoon; one of the table spoons was laying behind the door; the prisoner swore and wrangled with me, and threatened to strike me; I told him not to strike at me, he should go to the constable; I never left him till I saw him locked up in the watch-house.

(The things deposed to by Mr. Martin.)

The spoon is marked with my cypher, the salts are marked R. D. they were my wife's.

Court to Susannah Martin . Are these the things that you saw there? - Yes.

Did you see these things on the floor in the fore parlour when you recovered yourself? - I was in the room, but the children were standing in the window, where the things were found after, and there was nothing at all in the window, I was in the back parlour when the things were found on the floor; there was one more table spoon in the beaufet that he left, they were all laying together, and a pair of sugar tongs was left; the table spoon was on the same shelf, and the sugar tongs was on the shelf below it.

If these things had been on the floor when he ran out, should you have seen them? - Yes.

Prisoner to Blacketer. What situation did you find me, when you took me, was I running or walking? - You walked to a house, and could not get in, and then you went into an alehouse; I caught him by the collar, and said you must go with me, he made some expressions at me, and damned me, and struck at me, I did not mind what he said, I was strong enough to take him any where, he tried very much to get away.

Court. But you do not answer the prisoner's question, was he running or walking? - I cannot say whether he was running or walking.

Prisoner. How many people were in the room the time you brought me back? - I let in none.

How many were in the room the time you was with me in the parlour? - To the

best of my recollection there was only one man, and two women, there was, I dare say a dozen came in after, at least, and I ordered the door to be shut, and I would let no more in.

Court. When you brought him into the room at first, did you see any spoons on the floor? - I saw nothing on the floor but the carpet.

If there had been any thing on the floor, would it have struck your observation? - Yes, I took him to the place where the things were found, and desired him to sit down a minute, and if they had been there, I must have seen them.

Prisoner. Did you hear any of these dozen people say, that I had dropped any of the plate out of my pocket? - No.

Court. Before he came out? - No.

Did you observe the plate on the floor before these number of people came in there or after? - The girl told me so.

BETTY BAGHURST sworn.

After this man was brought back, I came into the house, I was not there before he came, I do not know how long he had been there, I went into the room where he was.

How many people might be in the room at that time? - I cannot positively say.

Might there be three, four or five? - There might be as many as six or seven.

What did you observe? - I observed no plate on the floor when I first came in.

Are you sure of that? - Yes, I am sure, I saw none then.

Do you think if there had been any plate on the floor, it would have attracted your notice? - I did not particularly look at the floor.

You do not mean to say, that there might not be plate on the floor? - No, my Lord.

How long was it before you observed the plate on the floor? - As they were taking him out of the house, I went into the parlour, and I observed this large spoon, and one salt table spoon laying in the parlour under the table; the two salt cellars, and one salt spoon were laying in the window in the same room.

Prisoner. Where do you say you found the two salts? - In the window.

You saw nothing on the floor at all? - I found this large and small spoon on the floor under the table.

Whereabout is the table situate? - In the corner of the room.

Behind the door? - Yes.

Then you found them two spoons behind the door under the table? - Yes.

Prisoner. That is all my Lord.

Court. How high was the window-seat where you saw the spoon? - About the heighth of two feet, it is such a window as people sit on.

ANN SAYRE sworn.

I saw the prisoner come out of Mr. Martin's house, I was in the street at my own door, I heard the cry of the woman and the children, I live eight doors off, on the same side of the way.

Court. Did you hear the cry of the children at that distance? - Yes I did, I saw him come out of the door, and I speak with certainty to his person, I saw him afterwards apprehended and brought back; I saw the young woman in the condition she has described herself to be, and her right eye quite swelled up, I thought some accident had come to the children, I saw Sarah Martin with her mouth bloody, and her eyes swollen.

PRISONER's DEFENCE.

My Lord and Gentleman of the Jury, The many notoriously false publications, which have daily appeared in the papers since my commitment, might probably prejudice me in the opinion of this honourable Court; but, however, conscious of my innocence with respect to the same; I trust that every aspersion which has been so vilely propagated against me, will be discegarded by you; and I doubt not, but my conscious innocence will fully appear: The evidence that this girl adduces, states, that I came there between the hours of six and seven in the evening, and knocked at the

door, when she opened it for me, she admitted me in the parlour, went up stairs, and coming down heard the cupboard door make a noise; that she came down and challenged me with taking something, and afterwards she says, she looked into the beaufet and missed some things; my Lord, she thereupon laid hold of me by the hair of my head, and endeavoured to tear my coat; I tried to extricate myself from her; Mr. Blacketer says, he did not see me run out of the house, and cannot say whether he saw me run or walk: Gentlemen, you see my situation; a servant maid had before, in this court, positively swore, that I had robbed her mistress of sundry wearing apparel, and it was fully proved, and is well known to many gentlemen in this court, that the property she swore I had robbed her of, she had robbed her mistress of herself; and servant maids in general are very aukward, and so destitute that they often take their master's and mistress's property, and lay it on others: But I shall not intrude on the time of the court; I shall trust to your Lordship's known goodness, to give in charge to the Jury that I am not guilty: I certainly endeavoured to extricate myself from the girl when she laid hold of me and tore my coat: I have nothing more to say.

Court to Prisoner. How do you account for being in the house? - My Lord, I knocked at Mr. Martin's door, with a view of having some things made; he is a taylor.

Court. How do you account for the note that you delivered? - I left it for Mr. Martin to call upon me.

Court. It is signed C. Jenkins? - Yes, my Lord.

Court to Martin. Do you know anybody of the name of C. Jenkins, that answers to the description of the prisoner? - No, my Lord.

Prisoner. My Lord, I went by the name of Jenkinson at that time.

Court. But unfortunately for you this is Jenkins.

Court to Jury. Gentlemen of the Jury, with respect to the present case it may be proper to inform you, that if a person knocks at a door, in order to get in to commit a felony, it is in the eye and in the consideration of the law, as much a breaking, and will as much satisfy the charge of burglary, as if the door was broken to pieces; because where ever a door is opened contrary to the intention of the owner, if they knew the errand of the party, the law will consider the door opened in this manner to be a breaking, but if you should be of opinion that this entrance of the prisoner's does not meet the strict legal idea, then the last count of this indictment does not state a particular breaking and entering; but states only a stealing in the dwelling house, and an assault on Susannah Martin then being therein and put in fear; and you will observe that under this act of Parliament, the value taken must be five shillings; now gentlemen, you will judge how far a person is put in fear, against whom violence is used, and who appears in the condition this girl did; not that the law requires actual force, because if there is a violence used, and goods are taken through that violence, against the will of the person, it is sufficient to satisfy the indictment; for there are particular circumstances, by which, if actual force was requisite, the prisoner might escape; as for instance, one man may be knocked down before he is aware, and another may possess a manly spirit, and be as it were incapable of fear, especially of a person whom he sees to be by no means his equal in strength; therefore the law always implies fear where there is a proof of violence.

Another circumstance for you to consider in this case is, supposing it was established before you in the fullest proof, that this plate was never taken out of the house, and it had been thrown down on the floor by the prisoner, before the prisoner had been out of the house; yet the least taking, and the least carrying away, tho' to ever so small a distance, with intent to commit a felony, is a taking away sufficient to satisfy the law: Having now laid down the law, I will state to you the evidence, (here the learned Judge summed up

the evidence, and then added) if you credit the witnesses, there can be no doubt, but that the prisoner was in the house, and you will judge of the intent with which he came there; indeed, if there was any doubt with respect to his being in the house, his own defence has fixed that, because he tells you he was in the house, and he assigns the reason why he hurt the girl, which he says was upon her attempting to detain him. It is not necessary for me, Gentlemen, to be extremely circumstantial in observing on this evidence; I have laid down to you the law that applies to it, and you are much more competent to judge of it than I can possibly be: The girl is confirmed in her evidence by those who heard her cries, by those who saw her at the window; and likewise by the Prisoner's Defence, who mentions that the usage she has received, was while he and she were in the house: If therefore, you believe her testimony, as confirmed by the testimony of others, you will find the prisoner guilty; if you have reason to discredit her testimony, and think that there is any inconsistency, any link wanting in the chain, any chasm, by the failure of which the evidence is not brought home to the prisoner, then you will acquit him; or it is in your power to acquit him, with respect to the robbery, and find him guilty of the larceny only.

GUILTY , on the second and third counts.

( Death .)

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

Reference Number: t17830723-26

495. LUKE MURPHY was indicted, for that he ( with one Thomas Murphy ) not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, on the 26th day of May last, with force and arms in and upon William Walton , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and he the said Luke Murphy , with both his hands and feet, the said William against the ground did cast and throw, and he the said William so laying, in and upon the head, stomach, back, belly, and sides, of the said William, did strike, beat, and kick, and force the right leg of him, the said William, upon a certain piece of glass, of no value, giving him thereby, as well as by the striking, beating, and kicking aforesaid, several mortal bruizes, and in and upon the right leg of the said William, one mortal wound, of the breath of one inch, and the depth of three inches, of which the said William, from the 26th of May, till the 9th of June, did languish, and languishing did live, and then of the mortal wound and bruises aforesaid died, and that the aforesaid Thomas Murphy was present, aiding, abetting, comforting, and assisting the said Luke, to do and commit the said murder .

The said Luke Murphy and Thomas Murphy were also charged with the said murder, on the coroner's inquisition.

RACHAEL WALTON sworn.

The deceased was my husband, he died on the 9th of June: I will tell you as far as he told me when he was brought home.

Court. Was it apprehended that night that he received any bad injury? - The surgeon told him that he was in a very bad way.

Did he think he should die then? - When he was dying he said, it was from the wounds that he received from Luke and Thomas Murphy , and the beats and bruises that were the occasion of his death; he told me that Luke Murphy called to his wife for a knife, in Luke Murphy 's house, and said, he would rip him open immediately.

Court. What is Luke Murphy ? - He is a labourer.

Did not your husband tell you there was some words before? - I believe there was not, and the wife of Luke Murphy cried out do not murder the man.

Was this the account when he first came home? - Yes, Sir, then and when he was

a dying he said the same; and Luke Murphy swore a great oath and blasted his eyes that he should not go out there alive; he endeavoured to make his escape from them, and he pushed up the sash of the window, and in pushing up the sash he got part of his body out, and they finding that he was rather hard to pull back again, they took him by the legs and threw his feet up against the sash of the window, and then he pitched upon the stones of the street: on his shoulder, and he was taken up by a young man that knew him, who led him across the street.

Jury. How high was this from the ground? - A parlour window, and he said his leg was sadly cut with the glass of the window, and he turned his stocking down, and put his finger and thumb into a hole and pulled out a large piece of glass, and the young man that stood by him said there is another piece of glass in the other hole, and the young man took the other piece of glass out of the other hole in his leg; the young man asked him how he found himself, at that he said full of pains and very faint, and he asked if he could drink any thing, and he said he could drink a little brandy, and he fetched him a glass of brandy, and he drank part of it, and the other part was washed on the wounds, then his leg was wrapped up with a handkerchief and he was taken to the surgeon's, he died that very day fortnight on the 9th of June.

Prisoner's Council. Did he tell you that he endeavoured to jump out of the window? - Yes.

What did he tell you? - He said he believed the giving way of the window was by the force that they thrust him against it, I believe it had a lead in it, but they threw him with such violent force against it that it gave way.

Court. You believe, that is only your supposition, did your husband tell you so? - He said so.

Court. Did your husband tell you what was the cause of this? - Mr. Carmichael who is a broker and receives rent for a gentleman, he came to ask my husband to go with him to Murphy's.

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

Reference Number: t17830723-26

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: t17830723-26

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 23d of JULY, 1783, and the following Days;

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

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

NUMBER VI. 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 Luke Murphy .

JOHN CARMICHAEL sworn.

I am a cabinet-maker and broker, I collect the rents of an estate in that neighbourhood for one Mr. Monypenny, who lives at Pender's-end; this prisoner rents one of the six houses in that neighbourhood, he being in arrears, in the afternoon I was told they were moving their goods, I sent my boy to another house, where there was another person moving their goods, to take the key, the boy staid, and I went and took Walton, he went with me immediately, Murphy was standing with a piece of a bedstead in his hand, I came up and I said, Murphy what are you running away with your things, yes, says he, damn you and your employer too, you are two blackguards both together; says I, you will pay the rent I suppose, will not you; he said, I might get it as I could; I told him, you had better come back again Murphy, and continue as before till the end of the lease, which is but a very short time, and I shall not be hard with you, but you need not run away with your goods; in the middle of the conversation Thomas Murphy came up to him and stood beside him, he said nothing to me at all; the deceased was standing between me and the street door, and Mr. Luke Murphy's wife came into the passage and set her back against the street door and bolted the door; I observed her very much in liquor, and I said to her, why do you bolt the door, I do not like that, I am not, nor will not be made a prisoner; I will have the door open; as soon as she opened the door I got out as fast as I could; I went up to Justice Walker's office to get a constable, and I got one in Drury-lane; when I returned I saw a croud about the door, and Mrs. Murphy held up a piece of broken glass, says she, see how that fellow has broke all my windows; I then found the deceased sitting upon the step of the door, and a number of people about him; I saw no more of Murphy.

Court. What did they say when you had got a warrant? - They took Luke Murphy , and Mrs. Murphy, and carried them up to the Justice's, and they were admitted to bail; after which, I recommended the deceased to go to some surgeon and get his leg dressed.

RICHARD CARMICHAEL sworn.

I was sent to take the key of another house, and I saw Mr. and Mrs. Murphy coming out with goods, they appeared to be moving; I saw the deceased in Murphy's

front parlour; I went into the house to speak to him; all was quiet then, except Mrs. Murphy making a great noise and swearing; Luke Murphy seemed to be very quiet, and he struck his wife and turned her out of doors for making a noise; presently after a woman was coming down stairs towards the street door with a piece of a bedstead in her hand, the deceased stopped her at the street door and told her, she must not take any thing away now he was there; presently Luke Murphy's wife and Thomas Murphy came making a great noise down the passage, and blasting the deceased where was his authority, and Luke Murphy swore immediately and collared him, and said, where is it, and they all pressed him very hard by the collar, and the deceased said, if they did not let him go he would shoot them; then the prisoner attempted to kick his leg and throw him to the ground, then they surrounded him, and he put his hand to his pocket and threatened to shoot them if they would not let him go; they then all turned upon the man in the corner of the room, and Mrs. Murphy endeavoured to pull her husband from him; I run out of the door several times, to see if I could see anybody to come to his assistance, and when the mob was raised they all took Murphy's part, and said, nobody had touched the man; as I came from the street door into the room, the deceased run from the back room to the fore room saying, why you will not give me time, you will not let me shew you my authority; Luke Murphy swore very hard at the deceased when he had taken out the paper to shew them; and the other man, Thomas Murphy , without speaking, knocked his head through the window, and the deceased then run out of the back room into the passage and cried out Murder! as loud as he could, with great eagerness; the shutters of the windows were across the passage, and prevented him from going out, and he kept crying out Murder! and I ran out of the street door; I saw the deceased running towards the window, I made a sign for him to the window, to shew him that he might get out there; he got a little way through the window, sideways, and when he was at the outside, he twisted very hard, as if he was in great pain; the window slided and seemed to be stopped; he fell and pitched upon his shoulder with a very great force, and a man came and picked him up, and he limped across the way, I saw his leg all bloody.

Jury. Did you see any man take hold of his leg to shove him out? - I was on the outside when he was thrown out, if he was thrown out; he fell very steep, not as if he had got out of his own accord, because he fell right on his shoulders.

Prisoner's Council. Did not the windows open in the manner these do? - No, Sir, they slid too, that part he got out of seemed to slide too, and another part of the window seemed to lift up; the window fell when he lay on the ground, when he was thrown out, the window came out after him, it did not seem to fall upon his leg, it seemed to be catched by some body.

Did the window follow him as he fell into the street? - It fell just as he fell, it seemed to be a part of a window, it had got five or six squares.

Was the paper read which the deceased produced? - No, Sir, they did not give him time.

He put his hand in his pocket as if for a pistol? - Yes.

When the sash fell out, did you see any hands within the room follow the sash immediately as it fell? - I was side ways.

Court to John Carmichael . What authority had you to receive this rent? - I had a letter of attorney, under which I act; the paper that he pretended to shew them, was only to pacify them; I looked upon it he was as much in possession as I was.

Court. In possession of what, you took no distress, nor this man had no authority to take a distress, and the time was not out when they were to depart.

Prisoner's Council. Had not you received part of the very money which was due on the twelfth of that month; is that your hand writing? - It is not, I believe it is my son's; I received the whole rent that

was due at Lady day; I received it after the assault.

JARVIS HARRIS sworn.

I am a journeyman Smith, and I was coming down by this same Murphy's house, I heard quarrelling, and I stopped at a shop opposite, I heard a voice in the house say blast you I will murder you, and immediately another voice answered for God's sake let me out, and murder was called in a few minutes afterwards, several times, I cannot tell by who, soon after I saw the deceased come to the ground from the window with a great force head foremost, it is a ground floor, I suppose it may be pretty nigh five feet, the street lays hollow, and there are two steps on the outside of the door.

Jury. Did it appear to you whether he fell out or was thrown out? - I cannot say which, but he fell out with great force, I went to pick him up.

JOSEPH RANDALL sworn.

I am a surgeon, the deceased applied to me the 26th of May, he had two large wounds in the outside of the right leg which I thought were of dangerous consequence, I recommended him to go to the hospital, he rather chose to be under my care, I desired him to let me look at it, and there was a branch of the artery cut.

What was the consequence of that? - The consequence was, that in about a fortnight after, there were symptoms of a locked jaw, and the third day after the symptoms appeared he died.

Was his wound the cause of his death in your opinion? - It was in my opinion the cause of his death.

Prisoner's Council. Did you pick any glass out of the wound? - No, Sir.

Court. After he thought he should die did he tell you how he came by the wound which was the cause of his death? - The last day when he was persuaded he should die, he was scarcely capable of speaking, and then he said that these people pulled him back by the legs, and the glass was struck in his leg, he had a deep wound, I could pass the probe one inch and a half in length and depth.

Court. You say he said he was pulled back by the legs? - Yes.

PRISONER's DEFENCE.

I never laid my hands on the man any further than told him to shew me the authority for stopping the goods, he said he would shew his authority, and that the first that meddled with the goods he would blow his brains out, with that, when my wife heard him say this word, she took hold of me by the shoulders and puled me into the room, the deceased went and ran to the window, threw up the window, and pitched into the street, and four pains of glass tumbled on the top of him.

JOSEPH BRIGHAM sworn.

I live near the house, I came up to the man after he was wounded, and I saw the piece of glass that came out of his leg, I advised him to go to a surgeon, and Mr. Carmichael who was the broker said, no, no, go to the magistrate, I saw him at dusk of night come out of the magistrate's.

SARAH MURPHY sworn.

The prisoner lives opposite my master's house, I was going out with a pot of beer, I saw a man take up the sash of a window in a great fury, and laid his hands so, and come out of the window by his hands and knees, the sash of the window fell on his back and I heard it break, the man came over the way limping-like, he fell upon his hands, the window is about two yards high, no creature nigh him good nor bad but himself coming out of the window.

How many yards was you distant from him? - Three yards.

ELIZABETH CAMERON sworn.

I saw the man come out, I saw nobody nigh him whatever, I stood upon the step of the door, I could see into the room, it is right opposite, it is a coach turning, he came out of his own accord and clapped his

two hands so, and the sash had no pullies to it and it fell on his leg.

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

NOT GUILTY .

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

Reference Number: t17830723-27

496. WILLIAM RICHARDSON was indicted for feloniously stealing on the 22d day of June last, two silver salts, value 14 s. three silver salt spoons, value 3 s. one silver milk pot, value 10 s. two silver gravy spoons, value 18 s. ten silver tea spoons, value 20 s. one silver strainer, value 9 d. one pair of knee-buckles, value 1 s. one silver milk pot, value 10 s. one gold ring, value 3 s. one stay hook, value 6 d. three silk handkerchiefs, value 8 s. one pair of corded dimity breeches, value 5 s. one pair of sattin breeches, value 10 s. two white dimity waistcoats, value 5 s. five boy's linen shirts, value 5 s. five muslin neckcloths, value 5 s. one man's hat, value 5 s. two leather pocket-books, value 1 s. one pair of leather shoes, value 4 s. one pair of leather boots, value 6 s. and three pair of silk stockings, value 14 s. the goods of John Gregory , in his dwelling house .

JOHN GREGORY sworn.

On Sunday the 22d of June I and my wife went to Streatham to dinner, and left this lad in the house, we went about eleven o'clock, and returned between nine and ten in the evening, when we returned we knocked at the door several times, and could not make any body hear, we concluded he was gone to bed, we got a young woman to go in at the window and she let us in; going up stairs the first thing we found was the dining-room door broke open; the next was the bed-room door which was likewise broke open, we always put the key down by a carpet inside the bed-room; all my clothes and linen were taken out of the drawer, the beaufet was broke open, and a milk-pot and spoons taken away, there was a box drawn from under the bed and some more plate taken from that, there were some large gravy spoons, a and pair of salts, the boy had lived with me about three or four months.

Court. Where had you him from? - He came out of the country.

How had he behaved? - Pretty middling. On Monday morning I got up and went to Highgate to enquire if any of the York coaches had got such a boy, they had not, when I came back we heard by a little boy in the market that he was gone over London-bridge with two blue bundles.

- BIRD sworn.

I am a pawnbroker, the prisoner offered me these to sale, and I stopped him, it was on Thursday the 26th of June, about eight o'clock in the morning; the first time he came was on the Tuesday before along with two sailors; when they were there one of them said you may as well sell those little things in your pocket, and he produced a thimble and a hat-buckle, the sailor said I have done this boy a service; I have got him a birth, they sold them, and I gave them the value; they went away; on Wednesday the prisoner sold me a spoon, I have it with me, I asked him where he got it, he said he had it in his box amongst other things which he brought out of the country; Thursday morning about eight o'clock I saw the prisoner walking about the window, and in about five minutes he came in and offered these spoons, I asked him whether they were to be pledged or sold, they were bent, I said I thought he had not come by them honestly; because he had sold the other to me the day before, he said an uncle of his who lived at Westminster had given him them to carry to his friends at Hull in Yorkshire, I asked him what his uncle would think when he heard it, he said he did not know what his uncle might say or what he might think; on looking at my papers I found a bill describing the marks of the spoons, on that I stopped him and said, I am afraid there are others concerned with you, he said he had never

any thing of the kind before, I said if he had any accomplices he had better turn evidence, he said two men were concerned and they filled their pockets, and went to the North Fields near Peckham, and those were given to him for his share; I asked him how he came home, he said he came over London-bridge, I went to Leadenhall-market and enquired if any body had been robbed, and Mr. Gregory asked me if I had got him, Mr. Gregory came with me to my shop, and he knew the boy and the property.

Court to Gregory. Are these spoons yours? - I believe them to be mine, having had them in use so long.

Court. Have the spoons any marks? - The two salt spoons have.

What marks have they? - T. B. and A. at the bottom; I do positively believe them to be mine.

Mr. Bird. After Mr. Gregory came to my house, he said he was surprized he should serve him so; he said there were two men concerned with him, and they both lived at Peckham; I said, he should not go till he had been before a magistrate; he said, there were a good many things on board a ship at Dice's Key.

Court. Was there any promise made, to induce him to tell where the other things were? - Not as I heard of, we went on board the vessel to demand the property, and we carried it to Lime-street to examine the box; we found in the box, two gravy spoons, a milk pot, and some other things.

- RUSSEL sworn.

I got these things out of the box that came from on board the ship; I took a list of them.

Gregory. This punch ladle I believe to be mine, and these two spoons, and here's a spoon marked with my own name, these silver sugar tongs marked with my own name; I believe all the other things to be mine.

Court. What is the value of them all? - Ten pounds at the least.

PRISONER's DEFENCE.

My master told me, if I would tell him where every thing was, he would let me go.

Gregory. When I first went in, I asked him, what have you done with the others, and I said, if there is any other person concerned with you, you had better turn evidence, and I will bring you through.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-28

497. WILLIAM CLARKE was indicted for feloniously stealing, on the 21st of June last, one linen handkerchief, value 6 d. the property of William Miller .

WILLIAM MILLER sworn.

The prisoner picked my pocket of a handkerchief on the 21st of June, at half past nine; I felt his hand in my pocket and I turned round and collared him, and I found my handkerchief upon him; there was my mark upon it.

(The handkerchief produced.)

Jury. From what part of his person did you take it? - From somewhere behind him.

PRISONER's DEFENCE.

I did not take it; I was coming along, and picked it up.

GUILTY .

Tried by the London Jury before Mr. RECORDER.

[Whipping. See summary.]

Reference Number: t17830723-29

498. JAMES HOLLOWAY was indicted for feloniously stealing on the 22d day of July one silk handkerchief, value 2 s. the goods of John Payne .

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-30

499. GEORGE POLLARD was indicted for feloniously stealing on the 16th of July last two pounds weight and an half of pewter, value 20 d. the goods of Richard Rooke and George Appleton .

The property stolen appearing to be tin and not pewter, the prisoner was ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-31

500. SARAH JAMES was indicted for feloniously stealing on the 16th of June last, two pewter pint pots, value 2 s. the property of Sarah Crosby .

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17830723-32

501. JOHN JONES was indicted for feloniously stealing on the 12th day of July last 240 copper halfpence, value 10 s. the property of Thomas Bibby .

THOMAS BIBBY sworn.

I am a brewer's servant , I lost 10 s. worth of halfpence on Saturday was a week, which my master had paid me; I went to buy a peck of beans, and a gentleman who is in court saw the prisoner pick my pocket, I did not miss them then, for I had the beans in my apron, and a pair of shoes under my arm.

EDWIN DANIEL sworn.

I saw the prosecutor and another man go to a stall to buy beans, and I saw the prisoner put his hand into the prosecutor's pocket, and he took it out, I followed them and they stopped again, and then he put his hand in again and pulled something out, I seized him and told the brewer's servant, and I thought to search the prisoner, and I looked down by his feet, and there were two five shilling papers tied together: the prisoner is the man.

PRISONER's DEFENCE.

As I was coming down the Fleet-market they said I had picked the man's pocket, I said I had not, there was nothing found on me, I believe my master William Jenkins is here.

(He was called but did not appear.)

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17830723-33

502. OTEN BATLEY was indicted for feloniously stealing on the 7th of July last one linen handkerchief, value 1 s. the property of John Roper .

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17830723-34

503. WILLIAM HASLAM was indicted for feloniously stealing on the 16th of June last two pieces of buckram containing 40 yards, value 30 s. the property of Thomas Brooks .

NOT GUILTY .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17830723-35

504. SARAH GILCHRIST was indicted for feloniously stealing on the 24th of June last, four pair of silk stockings, value 10 s. three pair of worsted stockings, value 3 s. one linen glass cloth, value 12 d. one diaper napkin, value 12 d. six knives, value 6 s. six forks, value 3 s. four desert knives, value 2 s. one fork, value 12 d. nine pair of silk stockings, value 40 s. two stocks, value 3 s. twelve linen handkerchiefs, value 12 s. one diaper table-cloth, value 2 s. the goods of William Muir .

THOMAS HOGG sworn.

I am butler to Mr. Atkinson, the prisoner was a washerwoman that came to wash, I missed a great many pair of silk stockings of Mr. Atkinson's, I went into the laundry and enquired of the laundry-maid how many pair she had, I then went and looked into the drawer, and I missed a dozen and a half pair of silk stockings, I acquainted Mr. Atkinson with it when he came home, he said as to his handkerchiefs he might lose them when at the opera, but as to stockings he said he could not lose them off his legs, I speak to my own knowledge of the stockings, and handkerchiefs, and knives and forks, I lost three or four dozen, there was a servant maid that lived as cook, she went away and went to lodge with the prisoner.

Jury. I suppose a great many servants had access to these things? - I never locked them up; the servant gave some information and in consequence of that we got a search warrant, we examined the prisoner's house, and found half a dozen table knives and forks, I cannot say how many pair of silk stockings, there were some pairs and some odd ones; we found one pair loose at one side of the room, and others were found in a cupboard tied up in a diaper napkin, the knives and forks and stockings were all tied up in that towel, the prisoner was present, she said, she hoped I would be merciful to her.

Prisoner's Council. You took good care I understand of your master's things, for you never locked them up? - Never but when he was out of town.

All the servants had access to them? - Every one.

One of them I think you said lodged with this prisoner? - Yes.

I believe the prisoner was employed to do any thing at your house? - I cannot say what.

Nor whether this young woman or any of the maids took them you do not know? - No.

All you know is finding them at her house? - Yes.

And one of the maids lodged at the house? - Yes.

You and she did not perfectly agree before this time, she did not like you quite so well as you could wish? - I always behaved civil, I think she had no reason to dislike me.

I know that you was kind but she was cruel; did the other servants visit her, or their other fellow servants? - I do not know.

JOSEPH GATES sworn.

I am one of the marshalmen, we found several things at the prisoner's, and others at Worthy's and Jones's the pawnbrokers.

(The things deposed to by Hogg, except the knives and forks, which he cannot swear to.)

PRISONER's DEFENCE.

The cook lodged with me at my lodgings, and brought a great many things while I was out at work.

- WORTHY sworn.

I am a pawnbroker, the things I produce the prisoner brought to me, I did not doubt but they were her own or her husband's, I knew she was a married woman.

Did the prisoner say these stockings were her own? - Yes.

Jury. Did she ever pawn any thing and take it out again? - Frequently, these things had been frequently with me.

Prisoner's Council. She did not come in any feigned name? - No, by no means.

To Hogg. You never marked any of them did you? - There is No. 5.

Who used to wash those stockings? - They were washed in the house.

Prisoner's Council to Worthy. These were pawned publickly? - Openly.

Jury. Could you believe that a woman in her situation of life, or her husband, wore such things? - I did not know she was a washerwoman till now.

What is her husband? - I do not know.

Prisoner's Council to Hogg. Did not the laundry-maid and the chamber-maid take care of the stockings? - I believe they did.

Are they here any of them? - They never missed them till I did.

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

Jury. Was the prisoner ever intrusted by the servants, with goods to her own house, to wash and mend? - Not to my knowledge.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice HEATH.

Reference Number: t17830723-36

505. WILLIAM MATTHEWS was indicted for feloniously stealing, on the 17th of June last, one wicker basket, value 1 s. and one hundred and eleven dead pigeons, value 30 s. the property of John Bonner .

JOHN BONNER sworn.

I was going to market with my cart; on Tuesday the 17th of June, about four o'clock in the morning, I was robbed of some pigeons.

Court. Where did it happen? - At Pye-corner , I was going along close behind another cart.

What did you lose out? - A hamper of pigeons.

How soon did you miss them? - As soon as they were taken out, some people cry'd out Stop thief!

Court. Did you see him after the crying out Stop thief? - Yes, Sir, when the watchman had taken him.

Did you see the pigeons after? - Yes, I took them to market, there were nine dozen and three pigeons.

JOHN BOSWORTH sworn.

I saw the prisoner and another take the basket out of the cart, and was running round Pye-corner, I saw the prisoner and another man taking it; the prisoner took hold of one handle, and the other person the other handle, they was going to take it into Cock-lane; I called out Stop thief! and ran after them.

Court. Did they run away? - Yes, and when I got up to the prisoner I caught hold of his collar and said, he must go back with me; he had dropped the basket.

Court. Was he ever out of your sight? - No, I am quite sure this man is one of them; he dropped the basket, and he asked me what I wanted with him, I said, if he would go back I would let him know, and as I was taking him back, he put his hand into his pocket and said he would stab me; there was a knife afterwards found in his pocket, but I prevented his getting at it; the basket has been in my possession ever since; this is the same, I am sure of it.

PRISONER's DEFENCE.

As I was going down Cock-lane, there was a cry of Stop thief! and this man came and caught hold of me, and some others came and pulled me about.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-37

506. THOMAS HOARE was indicted, for feloniously plucking up and carrying away on the 12th day of June last, about the hour of twelve at night, 19 fir plants, value 1 s. the property of William Bowstead , and then growing, standing, and being, in a certain nursery ground belonging to the said William, without the consent of the said William .

NOT GUILTY .

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

Reference Number: t17830723-38

507. WILLIAM BEATIE was indicted, for feloniously stealing, on the 14th of July last, one mahogany tea chest, value 2 s. two silver tea spoons, value 4 s. and one pair of snuffers, value 1 s. the property of John De la Roche .

JOHN DE LA ROCHE sworn.

I am a victualler , I keep the Green Man, in Castle-street, Wellclose-square , I happened to be out in the neighbourhood, on the 14th of this month, between seven and nine, and my wife sent for me and said, she

had detected a thief; I came home and found the man in charge, and in the necessary I found a knife and my tea chest.

ELIZABETH DE LA ROCHE sworn.

The prisoner had used our house about eight or nine days, and I let him go into the kitchen, thinking him honest; after I had drank tea, I put my tea spoons in the tea chest, and about half an hour after, the prisoner came in and went backwards, he staid there half an hour; I wondered why he staid so long; I went into the kitchen and missed my tea chest; he came into the kitchen, out of the yard, and drank some beer, and he was going out, I said, you shall not go out; he went to the window and jumped out of the window; I cryed Stop thief! and he was taken, and he dropped a spoon and snuffers, I saw them picked up; the tea chest I had unlocked.

(The tea chest, one spoon, and snuffers deposed to.)

CHARLES BARNES sworn.

Confirmed the above account.

THOMAS TAYLOR sworn.

I am the constable, I took the prisoner.

Prisoner. I have nothing to say, I leave myself to the Court and Jury.

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-39

508. HENRIETTA BARNETT was indicted, for feloniously stealing, on the 12th day of June last, one pair of linen sheets, value 5 s. one cotton counterpane, value 5 s. one pair of silver-tea tongs, value 10 s. four linen curtains, value 10 s. the property of John Raynor .

NOT GUILTY .

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

Reference Number: t17830723-40

509. FRANCES DOBREE was indicted, for feloniously stealing, on the 10th day of June last, one linen gown, value 5 s. and one linen shift, value 2 s. the property of Mary Slocomb , spinster .

There being no evidence but the prisoner's own confession, made under promises of favour, she was

ACQUITTED .

Reference Number: t17830723-41

510. JOHN BOMBY was indicted for feloniously stealing, on the 12th of July last, one quart of shrub, value 2 s. one quart of mountain wine, value 2 s. and 3 s. in monies numbered , the property of Samuel Scattergood Kemp .

The property being wrong laid, the prisoner was

ACQUITTED .

Reference Number: t17830723-42

511. JOHN HAYES was indicted for feloniously stealing, on the 10th day of June last, one linen shirt, value 2 s. one cloth coat, value 5 s. one cloth waistcoat, value 3 s. and one pair of breeches, value 2 s. the property of Edward Wragg .

EDWARD WRAGG sworn.

I am a sailor , the prisoner took the things from me the 10th of June, there was a coat, a waistcoat, a pair of breeches, a white shirt, a pair of stockings, and a pair of pumps, I had worn them eight or ten times, and I paid two pounds sixteen shillings for them; I was coming from Chatham in the coach, he came with me; we went into the Angel, at Gravesend, to dinner, and from thence in the tilted boat to London.

Court. When did you first miss the things? - After we had dined; there were more people dined.

Did they come with you from Gravesend? - Yes.

Was you acquainted with the prisoner before? - Never; the coachman brought my bundle to me at the Angel, where we dined; I went out after dinner, till the bell rang for the tilted boat to go, and

when I came back I missed my things; I enquired if the man was gone: when I got on board, I asked him, if he had brought the things on board, he said, yes.

Court. Did he endeavour to hide them? - Not at that time; I came up as far as Woolwich, and I fell asleep, he got out and took a boat to Tooley-street, taking my bundle with him; I took a wherry and pursued him, and saw him him going up Tooley-street, with my bundle in his hand.

Court. Are you sure it was your bundle? - Yes; on the 12th of June, I saw him at Bow fair, on horseback; I seized him, he said, a woman had robbed me; we went before the Justice, and found the shoes he had on belonged to me, and he had my black handkerchief; it was marked; the strap of one of the shoes was almost torn off; I asked him what he had done with the rest of the things, he said, he had sold them.

Court. Did you tell him you would overlook what he had done, if he would confess? - The constable would not let me say any thing to him; the prisoner said, he had sold the cloaths for fifteen shillings, and he had got eight shillings left, he offered it me, but I would not take it; he shewed me where he had sold them; we went there and found the things.

WILLIAM REYNOLDS sworn.

I live in Rosemary-lane, I bought the things on the 11th of June of a person, I do not know it was the prisoner.

JOHN GRAY sworn.

I am a constable, I apprehended the prisoner.

(The things deposed to.)

PRISONER's DEFENCE.

I was coming up from Gravesend, and the prosecutor left the bundle in my charge, I brought them up to Billinsgate, and when I got out I left the bundle in the boat, I went to Bow fair on Thursday, and he took me up; I am innocent; I was in the King's service, and have been discharged nine months; I was in the Foundroyant.

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

GUILTY .

To be confined to hard labour two months in the house of correction and then discharged.

Tried by the first Middlesex Jury before Mr DEPUTY RECORDER.

Reference Number: t17830723-43

512. OLIVA HART was indicted for feloniously stealing, on the 16th day of June last, one watch, the inside and outside cases made of silver, value 2 l. one base metal chain, value 2 s. and one tortoise-shell snuff-box, value 5 s. the property of John Wright .

JOHN WRIGHT sworn.

I am an officer in the army , I live in Lancaster-court, in the Strand; on Sunday the 16th of June, I was met by a woman and taken into the Red-lion, Picadilly , about twelve at night; I was in liquor; when I went with her I had my watch, chain, seals and snuff-box; she left me asleep; I cannot swear to this woman; I left the house about nine o'clock; I missed my property when I was dressing myself, which was between six and seven; when we first went in they called for some hot pot, or something of that kind, which quite stupified me.

WILLIAM DICKENSON sworn.

I live at Mr. Parker's, a pawnbroker, in Prince's-street: on Monday morning, the 16th of June, the prisoner at the bar brought this silver watch to Mr. Parker's, and said, she wanted one pound eight shillings on it, she said it belonged to her brother in Oxford-road, who had had the misfortune to break his thigh, and was in the hospital; we sent her to Bow-street.

(The watch produced and deposed to.)

JOHN ATKINS sworn.

I belong to Bow-street; I searched the prisoner and found this snuff-box, and coming along she told me, she got it at the Red-lion, in Picadilly, I went there, and

found the prosecutor, but he was so much intoxicated he could not be examined.

(The snuff-box deposed to.)

PRISONER's DEFENCE.

The prosecutor was in the house all night, I was in another room, in the same house, I heard every word they said, I found the box in the room, and the watch the gentleman himself gave me to pawn for him.

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-44

513. ROBERT HAYNES was indicted for feloniously stealing, on the 5th day of June last, one basket of butter, value 10 s. the property of Thomas Bennett .

GUILTY .

To be whipped and discharged.

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

Reference Number: t17830723-45

514. JOHN SAVORY was indicted for feloniously stealing, on the 10th day of June last, eighty-four pounds weight of lead, value 10 s. belonging to William Barker , and then and there affixed to his dwelling house, against the form of the statute .

GEORGE SNUSHER sworn.

I collect rents where this lead was taken from, the house belonged to William Barker , I have known the prisoner this twelve months about Shoreditch, I know nothing of his going to the house, I only know the lead was there on Whit-Monday, and was not there on Whit-Tuesday.

SARAH LEVY sworn.

I live at the back part of the house belonging to Mr. Barker; on the 10th of June, between three and four in the morning I heard a great noise and got out of bed, and I saw the prisoner standing in the entry, about three or four yards from my door, I happened to know him by his living near me, he went down the stairs of his own door, and then he got on the window and took the lead.

Court. What quantity? - Three pieces rolled up, he took them at three different times.

ELIZABETH STEVENS sworn.

I live in the same house with the last witness, she saw him first, she came to me and told me, and I saw him come twice and take the lead, and carry it into his own room, I heard him come the third time.

PRISONER's DEFENCE.

I never was in the place in my life, I am innocent as a child.

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-46

515. PATRICK NOWLAND was indicted for feloniously stealing, on the 10th of June last, two plate coach glasses, value 5 l. and four post-chaise glasses, value 6 l. the property of James Savage .

GUILTY .

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

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

Reference Number: t17830723-47

516. JOSEPH ODDY was indicted for feloniously stealing, on the 14th day of July last, one pound weight of tobacco, value 1 s. the property of John Dearman , Andrew Jordan , and Richard Shaw .

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-48

517. WILLIAM WALKER was indicted for feloniously stealing, on the 9th of June last, seven pair of metal buckles, plated with silver, value 6 s. the property of John Thompson .

JOHN THOMPSON sworn.

I keep a hardware shop ; on the 9th of June, about three in the afternoon, the prisoner came to buy a pair of plated buckles, he did buy a pair and paid for them, afterwards my man missed another pair of plated buckles, in consequence of his being charged with having stolen that pair, and the fear of being searched, he pulled out of his pocket seven other pair which he put on the counter; and we sent for Davis the constable; the buckles were all mine, he bought only one pair.

Jury. How did you know them? - My mark was on them.

The buckles produced by James Davis , the beadle of Bridge-ward, who kept them ever since, and received them from Mr. Thompson, and deposed to by John Thompson .

The prisoner delivered in a written defence which was read as follows:

Gentlemen,

You perceive how slight and trifling the offence is with which I am charged; an illiterate and ignorant man presumes to intreat your lordship's assistance, he has no friends or money in this very aukward and critical situation, but he humbly craves the humanity of this most honourable Court, being two hundred miles from home, living in Yorkshire, and his wife and family there.

(The prisoner here fainted and some water was ordered by the Court.)

Court. How long have you been in town?

Prisoner. About three weeks, I came with some horses, I bring up horses for dealers, there is Mr. Dymock, in Oxford-road, has been two or three times with me in prison, he is gone to some fair, and the gentleman where I lodged came to appear to my character three or four times, but he thought my trial was not to come on to night.

Court. If you have any people of credit in town to give you a character, let them come on Tuesday.

GUILTY .

( Transported for seven years .

(The prisoner brought nobody afterwards to his character.)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-49

518. JEFFERY HOPLEY was indicted for feloniously stealing, on the 16th of July last, one silver watch, value 2 l. the property of Thomas Parrott .

THOMAS PARROTT sworn.

I am one of the beadles of Bridewell-hospital ; on the 16th of July, our engine went down to the fire at St. Catherine's, and the prisoner seeing me, said to me, Father Parrott how do you do? I knew him for some time, I kept him, he was an orphan, we were coming away, and he said he would see me home, I went through Change-alley, and the prisoner was with me, and in Change-alley he whipped my watch out of my pocket and took to his heels, he came of the right hand side of me and snatched it out, I perceived him at the time, the prisoner was apprehended and the watch was brought to me by the constable.

Prisoner. Were not we both in liquor? - I might drink a little drop but so as to get home, and know what I was about, I know the prisoner robbed me, I cried Stop thief! directly.

(The watch deposed to.)

JOHN HYDE sworn.

I am a sadler, I work in Change-alley, I was at work on the 16th of July, and I saw the prisoner and prosecutor go down the alley together, I watched them till they came opposite to me, and I saw a silver watch sling by a string or chain in the

hand of the prisoner, I thought they might be friends, but I saw the prisoner return in an instant by the window, which gave me a suspicion, the prisoner run as hard as he could, and he took into a coffee-house, I and my shopmate seized the prisoner, the prosecutor said he had lost his watch, the case lay in one place and the watch in another, I do not think either of them were in liquor.

Prisoner. When I was committed, the prosecutor said it was a capital affair and there was forty pounds for taking me.

Prosecutor. I never said any such thing.

JOHN CROUCH sworn.

I am a ticket porter, at the Royal Exchange, on the 16th of this month I heard the cry of Stop thief! I looked round and saw the prisoner running without shirt or stockings, I laid hold of him, and when he was on the ground I saw him throw the watch out of his hand, which broke the glass, and it fell out of the case, it was picked up, the prosecutor was very much in liquor, and the prisoner a little, not much.

JOHN BROWN sworn.

I live in Finch-lane, I am a green grocer and constable, Parrott had the prisoner by the collar in Change-alley, and the watch in the other hand, he gave me the watch and charge of the prisoner, the prosecutor was in liquor, and the prisoner a little.

PRISONER's DEFENCE.

I am entirely innocent of the affair, I was so much in liquor if I meant to do such a thing it was impossible for me to do it, I should never go to rob a man that has brought me up from a baby, I have no witnesses.

GUILTY .

Whipped and confined to hard labour six months in the house of correction .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-50

519. GEORGE WEIGHTMAN was indicted for feloniously stealing, on the 25th of June last, one linen handkerchief, value 6 d. the property of Michael Ray .

MICHAEL RAY sworn.

On the 25th of June last, between eleven and twelve at night, going along Fleet-street , the prisoner put his hand in my pocket and took my handkerchief, I felt his hand in my pocket, I turned round instantly and saw the prisoner, nobody else was near him, he threw the handkerchief in the street, I took it up when I had hold of him.

PRISONER's DEFENCE.

I was going up Fleet-street and the gentleman took hold of me, the handkerchief was on the ground.

GUILTY .

To be privately whipped and discharged.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-51

520. JAMES BROWN otherwise OATLEY was indicted for burglariously breaking and entering the dwelling house of James Scouler , Esq ; on the 15th of July last, at the hour of eleven in the night, with intent his goods to steal, take, and carry away .

MARY INNIS sworn.

My husband is Mr. Scouler's servant, Mr. Scouler went out of town last Saturday was a week, in the morning, and my husband went with him, and he ordered me to be at my own house in the day time, and at night to go and lay with the maid, the maid came to fetch me home at about eleven, I left my own house, and between eleven and twelve we arrived at Mr. Scouler's, when we came to the door a young woman called to the maid out of the window and said, Jenny, is your master come to town, she said, no, then said she, there is a man in the house; the girl said, God forbid, and she immediately went to open the door, we went into the house, we searched the parlour and came out and said, she was much mistaken, she said, she would

take her oath that there was a tall man gone in in black, and she would take her oath of it, the girl when she came to me, said, she had fastened every place and looked at the kitchen door and it was fast, she looked down, and saw her dinner tray thrown down, and a cloaths horse was thrown down, she says to the watchman, look in there, somebody has been here, the watchman went first, he said, here is nobody here, the door is shut, says she, if anybody is there the door is shut, the watchman then says, here is a man, this was a sort of pantry where they keep shavings in, I run up stairs screaming and the man was then directly on my back, I took him by the skirts of his coat and raised myself up somehow, then I collared him, I thought then that he was a man that I knew, which I bought my butter of in my own neighbourhood, and when I came to the watch-house I was clear of it, the woman is here that saw the prisoner go in.

MARY CHAPMAN sworn.

I live next door but one to Mr. Scouler's, on Tuesday was se'nnight, about half past eleven, I saw a man lurking about Mr. Scouler's door as I was looking out of window, he went straight up to Mr. Scouler's door, with his face towards the door, and seeing a man and woman come along he went two doors further, when the place was clear, he turned back again and instantly went into Mr. Scouler's house, and shut the door against him.

Court. Was the door open then? - No, Sir, I fancy he opened it.

You do not know whether it was open or no? - No, Sir, I do not, I saw him go into the house, the prisoner is the person I saw go in, it was a very clear moon light night.

JANE JAMES sworn.

I am servant of the house, I went to fetch the gentlewoman to lay with me that my master left orders with.

What did you do when you went out? - I double locked the door, I am positive sure of it.

Prisoner's Council to Chapman. You say, you saw a man enter? - Yes.

You saw him walk up to the door? - Yes, and he appeared to stay some time there, and seeing a man and woman coming past, he went from one door to another, and he turned back, and in an instant he entered.

That is the question I ask, when he went to the door, he went in an instant and shut the door? - Yes.

Prisoner. She says she was looking out of a two pair of stairs window, two doors from the house, on the same side of the way, how could she see the door shut or open, or how could she be positive to the person's face? - When he went into the house he had dark cloaths on, I saw his height, and I was the first that saw him when he came out of the house as the watchman held up the candle and I looked at him.

Prisoner's Council. Did you or did you not observe his face, so as to know his face before he entered? - That was impossible.

JAMES STRONG sworn.

I am a staymaker, I was going down Russel-street, the opposite side of the way to Mr. Scouler's, when Mary Chapman was in the street, she told me there was a man in the house, I crossed over the way with intent to go into the house, and in crossing over the way, I heard Mary Innis halloo out, here is a man, I saw her struggle with him, he tripped over my feet and run into the street, it was the prisoner, he had black cloaths on.

JOHN BROMLEY sworn.

I produce some picklock keys and many other things, a dark lanthorn, and a tinder box, they were found upon him by the watchman, and I have had them in possession ever since, they were taken out of his pocket in my presence, except this small bunch of keys.

JOHN PURCELL sworn.

I was the man that discovered him in the house, I and my brother watchman searched him and we found all but this small bunch of keys.

Prisoner. I leave my defence to my council.

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

GUILTY ( Death .)

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

Reference Number: t17830723-52

520. THOMAS GROVES was indicted for burglariously and feloniously breaking and entering the dwelling house of William Fluell , on the third of June last, at the hour of ten in the night, and stealing there in two silk gowns, value 2 l. 10 s. one Minchester cotton gown, value 8 s. one other gown, value 6 s. one dimity petticoat, value 5 s. six linen shirts, value 20 s. three linen stocks, value 3 s. one lawn apron, value 5 s. two pillow cases, value 1 s. one pair of cotton stockings, value 2 s. one linen sheet, value 1 s. one linen handkerchief, value 1 s. one tambour apron, value 5 s. five other handkerchiefs, value 2 s. five linen stocks, value 2 s. two linen aprons, value 2 s. one bed gown, value 2 s. three caps, value 1 s. and two pair of robbins, the goods of Thomas Fluell , in the same dwelling house .

The witnesses examined apart at the request of the prisoner.

THOMAS FLUELL sworn.

I am a porter to Mr. White in Fleet-street, the bookseller, I live at No. 3, in Star-court, Chancery-lane ; on the 3d of June last, I came home a little after ten, from work, I had been out all day, when I came home I found my apartment robbed, I left my wife at home in the morning, when I came home the windows were both open, and the sash thrown up, and the people were alarmed, and my wife also.

Court. You are a lodger? - Yes.

What apartments had you then? - I had a ground floor, only the parlour.

Whose house was it? - William Fluell 's, he is my brother.

MARGARET FLUELL sworn.

Court. What time did you go out on the evening that this, happened? - About eight o'clock.

Did you lock your room door? - Yes.

Did you leave anybody at home in your room? - No, Sir, not in my apartment.

Were there other lodgers in the house? - Yes.

You did not lock the door of the house? - Yes, I locked the outward door of the house, one of the lodgers was in bed and asleep.

So you locked him up? - He had his own apartment to himself.

How long were you out? - Almost two hours, I came home a quarter before ten, when I came home the fore parlour window was broke open, and the sash up, there was only one window, it was broke open when I came home; the keys were in the drawer, I left them there, I missed the things mentioned in the indictment, I cannot swear this is the gentleman that stole them, they were carried to two pawnbrokers, I found some of them in Stone-cutter-street, at the pawnbroker's, I only found two gowns, two aprons, and one handkerchief, the prisoner was taken up on Friday, the robbery was on Tuesday, I saw the prisoner before my Lord Mayor, I did not hear him examined, I do not know whether he was searched, nothing of mine was found.

LAWRENCE PEARSON sworn.

I live with Mr. Fairis, the corner of Stone-cutter-street, Fleet-market; on Wednesday morning, the 4th of June, I took in this property of Mary Topping , two gowns, two handkerchiefs, and an apron, a few hours after Mr. Fluell came to our shop and left information of them, on the Thursday, Elizabeth Parker , in company with another woman, brought me the duplicate for six shillings for to have the parcel out, upon which I secured them both, and they were examined the next day; I know nothing of the prisoner myself, Mary Topping surrendered herself on the Saturday, on the promise that I would not send her to the Compter, and that she would

attend on Monday morning with us, which she did.

What did she say when she pawned the things? - She pawned them as her own property, I took them in as such.

MARY TOPPING Sworn.

What are you? - I sell butter in Fleet-market.

Where did you get the things you pawned at this pawnbroker's? - Upon my word I cannot take upon me to swear, whether that young man gave them to me, or the man that was with him, there were two more men with him, I cannot take upon me to swear which of them gave them to me.

Court. You are on your oath not only to speak the truth, but the whole truth, therefore if you suppress any circumstance, from any motive whatever, you are as guilty of perjury as if you speak falsely. - They were in a bundle, I pawned them directly, they met me on Snow-hill all three of them, and which gave me the bundle I do not know, they were tied up in a handkerchief, I believe it was a young man in black that gave them to me, three men met me on Snow-hill, I believe it was between ten and eleven, I was going down to Fleet-market.

Who came to you on Snow-hill? - There was two besides that young man.

What is the prisoner? - He works with his mother, he wickers silver handles and tea pots.

Was the prisoner one of these three men? - Yes, he was, they asked me if I would go take them things, they had a bundle.

What were you to do with the money? I gave it to the young man in black, that was not the prisoner.

Who had the money? - The young man in black, he was taller a great deal, and very much pockfretten.

Do you know him? - If I saw him I should know him, I did not know his name, I knew the prisoner, they all stood on Snow-hill, and I brought them the money.

Upon your oath which of the three was it that desired you to pawn the things? - It was the tall man in black, who is very tall, I did it seeing the prisoner with them, whom I know, the prisoner's mother is a good sort of woman and lives a little decent, I pawned them with this young man.

Prosecutor. My Lord, when she was before the Justice, she said, the prisoner gave her the things. - As for that I was in a fright and I did not swear it.

Prosecutor. You did? - I did not, it was before the Justice, I will speak the truth, but Mr. Seasons and all of them frightened me in such a manner; I have lived there this ten years, every body on Snow-hill knows me, Seasons said, if I did not say that the prisoner was the person, he would have a warrant out against me for perjury, and now I tell the truth, I was very much frightened, and I was in labour, as it was very well known to every one that was there, I have been brought to bed since, and this is my little child.

ELIZABETH PARKER Sworn .

Who gave you the duplicate to go for these things to the pawnbroker's? - I was not at home and it was left at my-house, I heard that Groves, the prisoner and another man had been at my house to feed their dogs, and one of the men left this duplicate there.

How came you to go to the pawnbroker's? - I was inquisitive enough to go to see what it was, and I went into Fleet-market on my own business, and I went into the pawnbroker's to know what it was, curiosity led me, I wanted to know what it was.

What business had you to know what it was? - No other business than my curiosity, my business called me down to Fleet-market, I did not go on purpose, I asked the pawnbroker what it was, I went merely from curiosity.

Court. Take care what you say. - I asked the pawnbroker whether it belonged to him and he said yes, I asked him what it was and he told me, he said, where did you get this, I hardly know now what I said.

Court. Pray madam, did not you go to redeem these things? - No, Sir.

Did not you offer to redeem these things, did not you offer the money for them? - No. Sir, I did not, I merely went to ask what it was, and that is all I know about it.

Court to Pearson. What did that woman say to you when she came? - She put down the duplicate for the property to be fetched down.

Did she offer to take the things out of pawn? - She did not offer the money, she put down the duplicate and asked if it was ours, the boy answered her it was, and gave it to me.

What did the woman say to you? - She put down the duplicate and asked if it was mine.

Was that all she said? - Yes.

WILLIAM SEASONS Sworn.

On the 5th of June I was at my own house the Magpye, Clerkenwell-green, a young man came from the corner of Stone-cutter-street, where they usually send to me in case any thing of this kind happens, I went there and I saw Mrs. Parker and one Mrs. Grice, they said Mr. Seasons I am glad to see you, and she said she found it on the side of Fleet-market, on the next day she sent for me to the Poultry Compter, she then fell into a flood of tears and said, Mr. Seasons I will not get myself into trouble for any person in the world, in consequence of what she said to me I went after the prisoner and took him up, the landlord said he was gone out, says I you are a rogue, and I shall report you to the sessions, I went into the cellar and again into the tap-room, says I you are a very bad man, I then went up in the landing-place in the dark, I laid hold on Groves, I brought him down stairs, says I what is your real name? says he, Damn your eyes! Then I asked him to open his mouth, and he did so, and held down his upper lip, I then turned up his upper lip, says I, you are the man, his teeth are very rotten and bad; he then swore he would not go, we were about four or five times on the floor of the tap-room, I struck him several times with a pistol, he gave me three cuts with that knife, here is my coat cut twice, the landlord of the house would not assist me, the landlord is since dead of the fright, I then took him to my house, his face was very bloody, and I got him water and washed his face, and gave him some porter, and took him in a coach before Alderman Hart, he said, says he, Seasons I was determined whenever you came to take me to try whether you was good or not, that is what he said upon my oath.

Do you know Mary Topping ? - I never saw her in my life before she was examined, I was present the latter part.

How came you to threaten her with a prosecution of perjury? - I never did.

Mrs. Topping. Yes, you did, you said if I did not say the prisoner was the man, you would have a warrant against me for perjury.

Seasons. I said you should say what you said before, because she deviated last night; the prisoner's mother lends her money to buy butter in Fleet-market, they live in a court together.

(The things deposed to.)

PRISONER's DEFENCE.

My Lord I hope you will look into this man's character, he gets his livelihood by taking poor unfortunate men and swearing their lives away, I have no witnesses.

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-53

522. JAMES GODFREY was indicted for feloniously stealing, on the 11th day of July last, six mens hats, value 30 s. and two boys hats, value 10 s. the property of John Pond .

The evidence being defective the prisoner was

ACQUITTED .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-54

523. JEREMIAH LANDEGREN was indicted for that he on the 10th of June last, upon Margaret Shehan , spinster , violently and feloniously did make an assault, and her the said Margaret, against the will of the said Margaret, feloniously did ravish and carnally know .

MARGARET SHEHAN sworn.

What age are you? - Turned of fourteen.

Do you know the prisoner at the bar? - Yes, if I see him.

Look about for him? - I do not see him.

Look again? - There he is.

How long had you known him before this affair of which you charge him? - He lodged in our house.

What is he? - A sailor .

Are your father and mother living? - Yes.

What are they? - My mother keeps a green shop, and and my father is a lame man, and cannot work for his bread, he lets out lodgings.

How long had the prisoner lodged in your house before this affair? - Eleven weeks.

When was it this was done that you have to charge him with? - June the 10th.

Whereabouts was it? - In upper East Smithfield, No. 2. one pair of stairs in Mrs. Groves's bed chamber, I was making the bed.

Who were below stairs at that time? - Mrs. Groves and mammy, washing.

What then? - He came into the room, and immediately when he came into the room he shut the door after him, and he threw me down on the bed.

Did he say any thing to you? - No, Sir, he stuffed my mouth with his hand, he put his impudence into me.

What do you mean his private parts? - Yes.

What did you do? - Sir, I could not move at all he was so heavy upon me.

How long was he upon you? - A quarter of an hour.

What passed then? - Sir, he never kissed me nor did any thing to me.

Did you perceive any thing? - There was nastiness on my shift, and he said he would stick me if I spoke a word.

Did you discover any thing else? - No, Sir, he run out of the room directly, I went and made the beds in the garret.

Your mother was down stairs at that time? - Yes, he never made me a present of any thing at all.

What did you do afterwards? - I did not come down, I was frightened to come down stairs, my daddy was knocking with a stick on the stairs.

Did you go down, or did your father come up to you? - I went down and could not speak, I told Mrs. Groves some hours afterwards.

How many hours afterwards? - I cannot tell exactly.

What time of day was it that this happened? - About two o'clock.

How many hours after was it that you told Mrs. Groves? - Two or three hours after, he never made me any present.

Had he never been rude to you before? - No, Sir, he never attempted to be rude to me before.

Not in any way? - No.

Had he ever been impudent to you before, that was your phrase just now? - No, Sir, he never was.

If he had made you a present, I suppose you would have accepted it? - No, Sir, I never did.

How came you to complain that he never made you any present? - It was against my will at the time.

How came you to expect a present? - I never expected any.

Did the man continue to lodge in your house? - He continued to lodge in the house a few days.

When did you go to the Justice's? - We went to the Justice's on the Friday.

What day was it that he was impudent to you? - Upon the Tuesday.

Now did your father or mother ever talk to this man about making you some compensation? - Mrs. Groves did not mention it, because my daddy and mammy are very harsh people.

Did Mrs. Groves speak to the prisoner about making you a satisfaction? - I think she talked to my mammy and daddy about it.

When did you first tell your father and mother? - It was on a Thursday night.

Was the prisoner rude to you afterwards? - No, Sir, he never spoke to me about it.

Why did not you tell your father and mother? - Because they were cross and horse-whipped me.

What for? - Because I went out to play with my school fellows.

Before or after this affair? - Before.

PRISONER's DEFENCE.

I boarded and lodged in the same house, and I do not know whether she is a man or a woman, and there were people in the next room.

Court to Prosecutrix. Were there any people in the next room? - There were people lodged there, but they were not at home at that time.

ANN GROVES sworn.

Did you lodge in this house? - Yes, I was washing for the mother the same day the accident happened, and that was the way I was not up in the room, and the child went up to make the beds, and she was there longer than usual, and the child was frightened, and at last she came and told me that she was up stairs, and the prisoner whom she called Jerry, came in and threw her down on the bed and behaved very insolent to her; what do you mean said I by insolence, she then said he pulled out his impudence and forced it into her body, then that startled me when she said so, I did not know what to do, for her father and mother were in anger; I did expect if I had spoke that night there would have been murder; so the next day it was disclosed, and the doctor was sent for, and he found the child injured; the doctor is in court, we disclosed it the next day in the morning, that man was in the house, they took him into custody.

How long did the prisoner stay in the house afterwards? - I believe he was one night before the father and mother knew it.

The girl said he staid for several days; were there people in the next room or not? - Upon my word I cannot give any account whether they were at home or not.

Prisoner. This happened on a Tuesday, and I was taken up on a Friday.

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

Reference Number: t17830723-54

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: t17830723-54

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 23d of JULY, 1783, and the following Days;

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

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

NUMBER VI. PART VI.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Jeremiah Landegren .

JOHN WILLEBAUGH sworn.

I am an apothecary and surgeon, I examined the prosecutrix.

What did you observe? - I observed that she had a very great discharge, of a bad colour, yellow.

What do you mean the foul disorder? - Yes.

Was there a great laceration of the parts? - No, I did not observe any thing of that.

When did you examine her? - On the Friday.

Did you examine the man? - He seemed to have no disorder at all, there appeared nothing.

Court to Jury. Gentlemen, then there is an end of this business, indeed there was an end of it before.

NOT GUILTY .

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

Reference Number: t17830723-55

524. CHARLOTTE DUCKETT was indicted for feloniously stealing, on the 17th of July last, one silk gown, value 5 s. one cloak, value 3 s. two pair of sheets, value 20 s. one waistcoat, value 3 s. nine pair of cotton stockings, value 4 s. 6 d. one handkerchief, value 6 d. and one sheet, value 3 s. the property of Mary Warreson .

THOMAS PATTERSON sworn.

I saw the prisoner run away with a bundle of cloaths about nine in the evening, I saw her come out of the house, I run and saw the bed room door open, and stopped her, I called for assistance, for I could not hold her, I got a boy to assist me, she dropped the bundle, the woman belonging to the property came up, took the bundle, and carried it with the prisoner before the magistrate.

(The things produced and deposed to.)

MARY WALLIS sworn.

I was returning from market, I saw a mob with the prisoner, I took the things and carried them with the prisoner to the Justice.

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

GUILTY .

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

Reference Number: t17830723-56

525. WILLIAM DOWNES was indicted for feloniously stealing, on the 25th of June last, two linen gowns, value 4 s. and one pair of stockings, value 12 d. the goods of William Clegg .

ANN CLEGG sworn.

I live in Chapel-street , my husband is a painter ; on the 25th of June, about three o'clock, I lost two linen gowns, I was gone to Hyde-park hospital, I left the things in the shop window, I returned at six o'clock in the evening, the things were given me by the neighbours and I found the parlour window open.

- BLACKBOURN sworn.

I live in the prosecutor's house, with his mother, I went into the kitchen to get a pail of water, and found the prisoner in the kitchen, I did not know him, I carried the water up stairs, and came down again some short time after, and found the window open and the glass broke, which was not so a quarter of an hour before, I had a suspicion of the prisoner, he was tossing up with another boy, a lodger was with him in the kitchen, the parlour door was locked.

CHARLES WILLIAMS sworn.

I heard the cry of Stop thief! I run out and saw the mob running, who run after the prisoner down Wardour-mews, that leads into Portland-street, he run into a stable and got under the manger, I could not find him for some time, I found a gown under the manger with him (the gown produced) I know it to be the same I found under the manger, I marked it at the time.

(The gown deposed to.)

PRISONER's DEFENCE.

A boy and me were sweeping the kitchen chimney, a man with him said, he had bought the gowns for his wife, and desired him to carry them home, as he had a great load of foot.

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17830723-57

526. MARGARET TODD was indicted for feloniously stealing, on the 22d day of June last, one grey silk gown, value 20 s. and one black silk cloak, value 20 s. the property of John Davenport .

MARY DAVENPORT sworn.

I live at Cripplegate , I keep a sale shop , I lost a gown and cloak between two and three o'clock, I saw the gown about two, my maid saw the prisoner go off with the things, and run after her and took her.

JANE POTTS sworn.

I saw the prisoner with the gown and cloak going out of the shop with it, I followed her and took them from her, the prisoner run away, I cried out Stop thief! and a man stopped her, I am positive to the prisoner.

(The property deposed to.)

Prisoner to Jane Pott . Did you swear before the Alderman, you did not see me take them? - Yes, I saw her in the shop, and go out with the things, but I did not see her take them.

GUILTY .

To be privately whipped and discharged.

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17830723-58

527. WILLIAM DAWSON was indicted for feloniously stealing, on the 12th day of May last, one ham, value 10 s. the property of Nicholas Gainsford .

JOHN JONES sworn.

I live in Charles-street, Hatton-garden, I am a cheesemonger, and journeyman to Mr. Gainsford; on the 12th of May, I was carrying two cheeses and a ham from my master's shop, and going up Chick-lane I had the ham taken from me, I do not know who took it from me.

JAMES BOSWICK sworn.

I live in Chick-lane, I am a shoe-maker; on the 12th of May, I was standing at my door, I saw the prisoner and some accomplices,

and I saw the last witness pass by as he has described, the prisoner followed him up Chick-lane, and took a ham off of two cheeses and carried it into Black-boy-alley, I would not follow him for fear of being ill used, I have been ill used several times there, he carried it publickly.

John Jones . I felt my burthen lighten, I turned about immediately, but did not see the prisoner or any person.

Boswick. I know the prisoner by sight.

Jury. Do you know what business the prisoner is? - No, I always looked upon him as a thief, he was always in thieves company.

Jury. Did he go slowly or fast? - He run fast.

Court. How came you not to follow him up the alley? - For fear of being ill used as before.

PRISONER's DEFENCE.

Boswick is come with an intention to swear away my life, I know nothing of the matter.

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-59

528. SAMUEL LARTEE was indicted for feloniously stealing, on the 2d of June , eleven pounds weight of gum, value 1 l. the property of Messrs. Hanson and Co.

THOMAS LLOYD sworn.

On the 2d of June, about one o'clock, the prisoner went down the yard, I suspected him, he went into the warehouse, I saw him and another person there, the prisoner had his coat off and some gum in his pocket, I attempted to take him, his coat was found on the ground, I do not know it to be his coat, the prisoner had worked with us some time, and the accomplice.

Court. Did you see the prisoner after? - No.

Did they both run away? - Yes.

Had they both coats on? - One had a frock on.

Is the yard a thoroughfare? - Yes.

Jury. Did you miss any before? - Yes, to the amount of one hundred and fifty pounds weight.

GEORGE DENNIS sworn.

I am a warehouse-keeper at Mr . Hanson's, I suspected the prisoner, I saw him alone go down the yard, the last witness hid himself, and I saw the prisoner go into the warehouse, I saw the prisoner, with the coat that was found on several times, many times, I know it to be his coat.

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

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-60

529. RICHARD STONE was indicted for feloniously stealing on the 2d of July last, one pair of men's leather gloves, value 1 s. the property of a person unknown.

JOHN CASS sworn.

I am a plaist erer, I live in Old-street-road, I was standing at the top of St. Andrew's watch-house on the morning Mills was executed, I saw the prisoner picking pockets, and particularly I saw him pick a gentleman's pocket, dressed in black of a pair of gloves.

Jury. Do you follow the profession of a constable? - No, I apprehended him, he was immediately took into custody by Mr. Catchpole, and was carried before a magistrate, he was searched on the spot and the gloves were found on him, I went there accidentally.

Prisoner's Council. Are those the gloves? - Yes, to the best of my remembrance, I could not get at the gentleman, he was in the mob.

WILLIAM CATCHPOLE sworn.

I am a marshalman, it is my duty to attend at executions, and I heard a bustle in

the ground, I rushed through the croud and found the prisoner in custody, I brought him under the gallows and there searched him, and among other things I found the gloves and a number of handkerchiefs upon him.

Jury. When the gloves were found did the prisoner say they were his own? - No.

PRISONER's DEFENCE.

I was seeing the execution and I found the handkerchiefs and gloves all together behind a shutter.

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

GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Mr. Recorder immediately passed sentence on the prisoner as follows:

Richard Stone . - The court thinks it right to pronounce your sentence immediately upon your conviction, from the circumstances with which it was attended: you were one of the multitude attending to see the execution of an unfortunate wretch, whose life had fallen a sacrifice to his violation of the laws: If you had possessed any sense of feeling or humanity, or any obedience to the laws of your country, that example would have produced, at least, a momentary impression upon your mind; but such has been the hardness of your disposition, that at the moment you saw a fellow creature dying for his offences against the law, you chose that moment to commit an offence, which if it had been prosecuted with the rigour of the law, would have subjected you to a similar punishment; that offence committed under such circumstances shews a mind of so much profligacy and hardness, that you appear to the Court to be a man utterly unfit to be turned at large on this society; and therefore, as the offence for which you have been indicted is not capital, the sentence to be pronounced upon you is the only method by which the Court can punish you for your disregard to those laws, which you have so contumaciously broken; it is therefore the sentence of the Court upon you, that you be transported to America for seven years .

Reference Number: t17830723-61

530. SARAH JOHNSON and SARAH HOWARD were both indicted for feloniously stealing on the 17th day of July last, one half crown, value 2 s. 6 d. and 2 s. in monies numbered , the property of Thomas Hughes .

BOTH NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-62

531. MARY ANDREWS was indicted for burglariously and feloniously breaking and entering the dwelling house of Samuel Webley about one in the afternoon, on the 4th day of July last, no person being therein, and feloniously stealing therein two linen gowns, value 20 s. one scarlet cloth cardinal, value 20 s. one linen frock, value 6 s. one linen handkerchief, value 6 d. the property of Samuel Webley , and two linen aprons, value 5 s. and two handkerchiefs, value 6 s. and one pair of linen pockets, value 3 d. the property of Mary Cox , widow , in the said dwelling house .

ELIZABETH WEBLEY sworn.

I live at Hounslow, my husband is a day-labourer and gets eight shillings a week, and I get my bread by daily labour, when I returned home at one o'clock, I found the house broke open, the window frame was laid in the yard, and the door unbarred and unbolted, I left my house about six in the morning, the windows and doors were then fastened, no person was therein, me, my husband, and Mary Cox , live in it, I went up stairs and found the things were gone, the prisoner was brought into the house about half an hour after, I am sure she is the person.

(The things deposed to.)

Court. What do you think your things may be worth? - They cost me a good deal of money, but you may set them at what you please, I am sure my window was barred and bolted.

Mary Cox deposed to the same effect.

Thomas Brown and James Townsend deposed that they were at work, and hearing the cry of Stop thief! they went and found the prisoner by the side of a gravel pit, with a bundle in her hand, and her apron over it, a man having told them she was gone that way.

PRISONER's DEFENCE.

I was coming along the road, and being very much tired I sat down to rest me by

the side of the road, and a woman that was in the gravel pit got up and went away, I called out to her, and said, you have left something, she said, never mind, I shall be back in a few minutes; I stopped there the value of three hours, and she not returning, I went and took up the bundle, and they came and took me; the prosecutrix said, she could get forty pounds for me.

Prosecutrix. I wish I may never go out of this place alive, if ever I said any such word.

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

Transported for seven years .

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

Reference Number: t17830723-63

532. ESTHER WHITEHEAD was indicted for feloniously stealing, on the 19th day of July last, one piece of printed cotton, containing three yards, value 8 s. the property of Leo Priddle , privily in the shop of Thomas Nunn .

WILLIAM HOUGHTON sworn.

I am apprentice to Mr. Priddle, in Bond-street, but in Mr. Nunn's absence, I was in that shop; on the 19th of July, about half after four the prisoner came in, and ordered to the amount of 1 l. 2 s. 9 d. to be sent in an hour's time, in the mean time she stole this remnant.

How do you know that? - I suppose so, it being found about her, I saw it before she came in, and I missed it immediately after she was gone out, the goods were to be sent to Mr. Bennet's a copper smith, No. 152, in St. Martin's-lane, and there is no such person nor no such number in the lane, she would not tell me her name, so I suspected her, she was brought back in a quarter of an hour, I am sure of the prisoner's person.

THOMAS TAGAR sworn.

I saw the cotton in the shop before the prisoner came in, and I followed her, by order, as far as Charing cross, she run a great pace, I overtook her and took the remnant from under her apron, she gave me three smacks on the face, and I led her home to our shop.

PRISONER's DEFENCE.

I resign myself to the mercy of the Court, it is the first act of the kind that ever I did, and I hope you will be as merciful as you possibly can.

GUILTY Of stealing to the value of 4 s.

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

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

Reference Number: t17830723-64

533. JOSEPH BABB was indicted for feloniously stealing, on the 14th of July last, two pounds weight of tobacco, value 2 s. the property of persons unknown.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-65

534. ELIZABETH WILLIAMS was indicted for feloniously stealing, on the 23d day of July last, one silver watch, value 5 l. one base metal chain, value 2 d. one stone seal set in silver, value 6 d. the property of Thomas Askew .

THOMAS ASKEW sworn.

I am the Plymouth coachman ; on the 23d of July, I was coming from Rotherhithe, and I met the prisoner and another woman in Cheapside , they asked me to go to a house, I gave them two glasses of peppermint apiece, and drank two myself, we never sat down, we staid about five minutes, I am sure the prisoner is one of the women, the watchman took the other woman to the watch-house, and the prisoner followed me and caught hold of me, and asked me to give her another glass of liquor, I said, I

thought she had had enough, and on her returning from me I missed my watch.

Court. How did she catch hold of you? - She caught hold of me by the middle, and when she turned round to go from me, I missed my watch, she took me round by way of a hug, I am sure I found my watch go from me, I seized her, and told her, she had got my watch, she denied it, and she then sat down on the ground, or lay down, and on her rising up I saw the watch on the ground, I had drank a pint of porter before I had the drams, I was neither drunk nor sober, I did not see the watch in her hand at all.

Court. Then by possibility in her catching hold of you, it might come out of your pocket, and fall to the ground? - It went out of my pocket, but in what manner I cannot tell, I charged the watchman with her.

PRISONER's DEFENCE.

The gentleman knows the situation he was in, and the watch must certainly drop out of his pocket.

WILLIAM SYMONDS sworn.

I am a watchman, the prisoner clung round the prosecutor's waist, and begged he would forgive her, and she would never be guilty of the like again, and would treat us with a gallon of beer.

Court. How did the prosecutor appear? - He seemed to be compos mentis at the time.

How was you? - We have very little to drink in our watch-house, the gentleman seemed in proper spirits.

Court. I suppose by that, you do not look upon him to be quite sober? - I thought he was capable to transact any business.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-66

535. DAVID DANIELS was indicted for feloniously stealing, on the 21st day of July last, one linen handkerchief, value 12 d. the property of John Spier .

GUILTY .

To be privately whipped and discharged.

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-67

536. WILLIAM HUDSON was indicted for feloniously stealing on the 2d of June last, three pieces of pink coloured Persian silk, containing one hundred and forty-six yards, value 10 l. six pieces of black mode silk, containing three hundred and twenty ells, value 22 l. and one hundred and twenty-five yards of other silk, value 23 l. the property of Thomas Parr , in his dwelling house .

And WILLIAM KNIGHT was indicted for feloniously receiving three pieces of black mode silk, containing one hundred and eight ells, value 6 l. and three pieces of Persian silk, containing one hundred and forty-six yards, value 10 l. a parcel of the said goods, knowing them to be stolen .

THOMAS PARR sworn.

I live in Watling-street .

Council for Prosecution. Do you know the prisoner Hudson? - Yes.

Was he at any time in your service? - Yes.

When did he enter into it? - In August last, I employed him in carrying out paper parcel s, and putting the warehouse to rights in the morning, he came to me in August, and in the October following I gave him notice to quit my service, having no occasion for him, in November, I asked him if he had got himself a place, he had not, and I gave him leave to stay with me; on the 20th of December, I paid him his wages, and he gave me a receipt, I then gave him leave a second time to stay with me, he continued with me till the end of March or beginning of April, then he went to see his friends, a few days after he left me, I looked for some of my goods, and could not find

them, I missed three pieces of black mode silk, and a quantity of black silk handerchiefs.

Did you miss the silk in the indictment, till you had a notice from somebody? - No, Sir.

Was you led by any means, again to examine your stock? - I was.

Did you miss the Persian in question? - I did.

Did you afterwards see the Persian? - I did, I saw it in the possession of Mr. Thomas Walley .

Was Hudson taken up about it? - He was.

Look at that paper.

(The confession of the prisoner handed to the prosecutor.)

Prisoner's Council. Was you with that poor boy, before the magistrate? - Yes.

Had you seen him before? - Yes.

Had you a long conversation? - No.

A short one? - Yes.

You had had a good opinion of the boy, and was kindly disposed to him, to deal kindly by him? - I was.

You gave him some encouragement? - I promised him no favour.

What did you say to him? - I asked him, if he knew of any goods that had been lost from my warehouse, and he said, he knew of none.

Why should you apprehend he would discover to you, unless you would make him some promise that was worth his while.

Court. The Court and the Jury will judge, whether any confession obtained from the prisoner, was obtained honestly, and fairly.

Prisoner's Council. I am sure Sir, however you may desire to reach publick justice, yet you will say every thing that is right with respect to the prisoner and yourself, I am sure you came with no wish to convict further than the law allows you to convict; I therefore must ask you again, what did you say to him? - The first thing I said to him, was, telling him I had lost a quantity of black modes and Persians, I asked him, whether he took them, or knew any person that did; no, he did not, and was surprized I should suspect him, that was his answer as near as I can recollect, nothing particular came out that evening.

Council for the Prosecution. At that time he denied all knowledge? - Yes, Sir, at Guildhall he openly confessed that he had taken at two or three different times.

Prisoner's Council. But I want the material conversation before he was led into that circumstance? - I before observed that in my own house, nothing passed but only his denying his knowing any thing of the goods, and at Guildhall he confessed.

He went to prison before he went to the Alderman? - No, Sir, he was satisfied with staying in my own house.

What did you do with him? - He said he would content himself to stay at my house till the morning.

What conversation took place between you and him in the house, or between him and any body else? - There was some conversation passed between him and my boy, but I do not know what it was, I had him in my dining-room, I told him he might go down in the warehouse and sleep with the boy.

Is that boy here? - No.

I take it for granted that you behaved as well to him as you were called upon from kindness and hospitality to do? - I did.

Court. Before he came before the magistrate had you any conversation with him in order to prepare his behaviour before the magistrate, to tell him how he was to conduct himself there? - I believe, Sir, I mentioned to him in the Mansion-house that his person was described, and he wanted to know who the person was that described him; I told him, if he knew any thing of the goods being stolen he had better confess it, because the person would be brought that would describe him; I meant that he had better confess it there, before he went, I said nothing more.

Court to Council for Prosecution. You must not give any confession in evidence after this.

Council for Prosecution. My Lord, I submit to the Court that here is no promise by

the prosecutor, I humbly conceive this does not amount to any promise of favor: In fact, my Lord, the object of the prosecution is to bring the receiver to justice, who is now discovered, therefore if upon a trial the principal should be convicted, I shall take the liberty to recommend him to mercy.

Court. You need not give yourself any trouble, it strikes me that this must either be a promise or a threat, and I think it is both; if you do confess it shall be the better for you, and which is necessarily implied, if you do not, it shall be the worse for you; therefore I think though the special favor intended to be done, or the special severity intended to be inflicted is not particularized, yet it contains a general promise or threat, and cannot be received.

Council for the Prosecution. To be sure, my Lord, I cannot proceed any further, we have no evidence to bring this robbery home to the principal but his own confession.

WILLIAM HUDSON , WILLIAM KNIGHT ,

NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-68

537. JOHN EDWARDS was indicted for that he, well knowing that one William Maddin , had lately served our Lord the King, on board his Majesty's ship called the Southampton, 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, on the 28th day of February last, with force and arms, feloniously, willingly, and knowingly, did personate and falsly assume the name and character of the said William Maddin , in order to receive the said prize money due and payable for and on account of the said service of the said William on board the said ship, against the form of the statute .

THOMAS TRIMMING sworn.

Court. You are clerk to Mess. Muir and Atkinson, agents for the Southampton? - Yes.

Do you recollect the prisoner coming to your house? - Yes, Sir.

What day? - The 27th of June 1783.

When he came what did he say? - He produced a certificate demanding the prize money due to William Maddin .

What did it purport to be? - A certificate appearing to be signed by Captain William Affleck .

(Certificate produced and read)

Have you ever seen Captain Affleck write? - Yes.

Do you believe that to be his handwriting? - I do not.

Is Captain Affleck Captain of the Southhampton? - He is.

What is William Maddin intitled to? - To nineteen pounds sixteen shillings and nine pence.

Court. In what capacity did he serve? - As a marine.

Court. Did the prisoner say what he was on board? - He did not.

After he produced the certificate what passed? - I told him it was not Captain Affleck 's hand-writing, and asked him if he knew the consequence if it was not; he said he supposed he might get into a little trouble; Mr. Atkinson asked him if his name was William Maddin , he said yes, he asked him if he knew the consequence if it was a forged certificate, he said he supposed he should get into a little trouble.

How came you to recollect the prisoner? - I saw the man before when he was paid his own pr ize money.

Court. Does it appear that a man of the name of Edwards has received his money? - It does.

Court. What did he say? - He demanded the prize money due to William Maddin a seaman.

Court. Do you recollect his person so well as to say he is the person that received the prize money before? - I do.

Court. How long might he be with you the first time? - I cannot exactly say how long.

Court. How came you to take such particular notice of him? - I remarked him as

a decent young man, and he said he should have been obliged to have pawned his watch if he had not been paid.

Is there more than one William Maddin rated as a seaman? - No.

Court. Is William Maddin rated as a seaman? - No, as a mariner .

Jury. What time of the day was it? - It was about six in the evening.

RICHARD ATKINSON sworn.

On the 27th of June about six in the evening, one of my clerks brought me a certificate which was brought by a sailor who said his name was William Maddin , and that he came for his prize money, on looking at the certificate I immediately knew it to be a forged one, I desired the man to be brought to me, I asked him what his name was, he said William Maddin , I asked him where he got that certificate, he replied he got it that day at the house of Captain Affleck , I observed to him that it was impossible Captain Affleck could sign such a certificate as that, he said he got a man to write the body of it, and it was carried to Captain Affleck and he signed it, I asked him if he knew what he was about, and explained to him the severe consequence if it was a forgery, he still persevered that he was William Maddin , and demanded the money as such, I sent for a constable, and it was near half an hour before one came, I then repeated the same question, and the same cautions as before, and he made the same answers and demanded the money, it appeared to me a palpable forgery, I wrote to Captain Affleck to attend the next day, but he did not, the prisoner was therefore detained for future examination.

WALTER STONE sworn.

What are are you on board the Southampton? - Boatswain.

Do you remember the prisoner on board that ship? - I do, he was called Yankee Jack.

Did he go by any other name? - By the name of Edwards.

Did you know one Maddin? - Yes.

Court. Where? - At New York.

What was he? - A marine.

Court. Are you sure there is no seaman of the name of Maddin? - Yes.

Court to Captain Affleck . Is that your hand writing? - No.

Do you know the prisoner's name? - Yes, Sir, Edwards.

THOMAS CURR sworn.

Court. What are you? - I am a carpenter, on board the Southampton.

Did the prisoner ever go by the name of Maddin? - No, Sir, there is a marine of the name of Maddin.

- HALL sworn.

I belong to the Navy Office, I have brought the navy books.

Court. Is there any seaman of the name of Maddin on board? - No, Sir.

PRISONER's DEFENCE.

I am not a native of this country.

Captain Affleck gave him a good character as a seaman.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-69

538. CHRISTOPHER TRUSTY and THOMAS HOWARD were indicted for that they, on the 16th of July last, with force and arms, feloniously did assault John Halse on the King's highway, with a certain offensive instrument, called a pistol, which the said Christopher Trusty , then and there had and held in his right hand, with a felonious intent to rob him, the said John .

JOHN HALSE sworn.

I live with Mr. Carr, Oxford-road, I was coming from Woodford last Wednesday se'nnight, I do not know the day of the month, I cannot read or write, between Kingsland and Ball's-pond I met the two prisoners, and I met with three gentlemen belonging to Bow-street, I asked

them to ride, they said, no, they were upon other business; and they said, my lad, we are afraid you will get stopped presently, and if you should, call out to us, I had not left them above three minutes, before I was stopped by three men, two of whom were the prisoners, the prisoners never were out of my sight, the other man got away over the hedge; when they stopped me I halloo'd out, and one of them said, if you halloo out any more, I will blow your brains out; I halloo'd out, the other three men heard me, and came to my assistance.

Did you see any thing in either of their hands? - I cannot say.

Had they any instrument of any kind? - I cannot swear that they had.

Did they rob you of any thing? - No.

What time was this? - A little before.

Court to Prosecutor. When you was first stopped, what did they say? - Damn you, stop, and upon my hallooing out, they said, if you halloo out any more I will blow your brains out.

Before you halloo'd did they say anything? - They only said, stop.

Can you swear that they had any thing in their hands? - I cannot.

You will not undertake to swear that they had a pistol or any other weapon? - No.

Prisoners. Ask him, whether we meant to rob him or no, we were in liquor, we had been at the New-river to wash, and we asked him to give us a cast? - I am very sure they did not stop me to ask me to ride, they burst out of the hedge all at once upon me.

JAMES ALLEN sworn.

I am captain of the patrol; on the night of the 16th of July, Wednesday, as I was coming between Kingsland and Ball's-pond turnpike, a return chaise came, and the driver asked me if I would ride, I said, I did not chuse it; I told him my business was of another nature, that it was not to ride, I bid him go on forward, and if anybody should attempt to stop him, he was to call to us, and we would come to his assistance, I bade him not to go too fast, he had not got out of sight, that might be the distance of three hundred yards, when Hugh O'Donnell said, the chaise stops, and the boy calls, and then I heard him, Donnell and I run up, and he got between the chaise and the bank, and he says, Mr. Allen, take this man, that was Christopher Trusty , the prisoner then turned round to the chaise with a pistol in his hand, which he then had in his hand, and finding he could not escape me, he turned back, he held his pistol to the chaise, I had my hanger in my hand, and I told him, if he offered to draw the trigger of the pistol, and did not drop the pistol, I would cut his arm off, he then dropped his hand down by his side, and I with my left hand took hold of the pistol, and took it out of his hand, and then took him and searched him, and I found nothing more on him, but at the time I first took hold of him, he had this yellow silk handkerchief about his face, as high as his eyes, he pulled it down about his neck, I believe the moon was not risen, but near rising, it was light, and I could see half the distance from one turnpike to another, the pistol was loaded above the muzzle, with pebble stones, the prisoners were both within sight.

HUGH O'DONNEL sworn.

I believe it was this night was fortnight, the 16th day of the month, that we were coming between Kingsland and Ball's-pond, it was nearly upon twelve o'clock, we met with a return chaise, and the man said, gentlemen, if you chuse to ride you are welcome, we bid him drive on gently, and we would follow, and if anybody stopped him, to call out, and soon after I heard him call out, we run, I was first, the two prisoners were facing the road, I told the man that was next me, that if he attempted to get over the ditch, I would blow his brains out, I took Howard, one got off, I am sure of the prisoners; Trusty had the pistol in his hand.

PRISONER TRUSTY's DEFENCE.

We were belated coming into town, and we met with this post chaise, and asked him

to stop, and before we came nigh him, we were a matter of twenty yards a head, he began to halloo out, and some men came up and laid hold of us.

PRISONER HOWARD's DEFENCE.

We were coming to town, and met a post chaise, and told him to stop, he said, he was going to Oxford-road, we said, it was the wrong way, we were going another road, and the people came up and took hold of us.

The prisoners called each three witnesses who gave them a good character.

CHRISTOPHER TRUSTY , THOMAS HOWARD .

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-70

539. GEORGE NORRIS was indicted for feloniously stealing, on the 16th day of July last, ten lawn aprons, value 30 s. ten pair of shift sleeves, value 14 s. ten half handkerchiefs, value 20 s. two muslin handkerchiefs, value 1 s. two napkins, value 1 s. one towel, value 1 d. one silk handkerchief, value 6 d. one pair of silk cuffs, value 1 s. and five ribbons, value 2 d. the property of Martha Whitehead .

GUILTY .

On the recommendation of the Jury, and the intercession of his master, ordered to be privately whipped and discharged.

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

Reference Number: t17830723-71

541. WILLIAM HARPER was again indicted for feloniously stealing, on the 20th of October last, one gelding, value 8 l. the property of Edward Ives . (See 491.)

EDWARD IVES sworn.

I live at Langley, Bucks , I lost a horse on the 20th of October last, from a field of mine, he was put into the field about five in the evening, I received a letter from Bow-street on Thursday, to inform me my horse was there, I am sure it is the same horse that was stolen in my ground, the horse has a blaze down his face, and is full sixteen hands and a half high, and had two white legs.

WILLIAM BEAUMONT sworn.

I live in Smithfield, the prisoner at the bar brought a horse to my yard the 20th or 21st of October last, he asked me to put him up to bait, and then soon after he had put him up, he offered him for sale to me, I said, I did not want such a kind of a horse, and he said, if I had one that was less, he would change with me, that would ride and draw, I told him, I had such a mare, and I shewed it him, he said, the horse was too big for his cart that he had, and he wished to change with me, and what I would give him to boot, I asked him a guinea, and I said, I thought my mare was of much more value, as his horse was a blemished horse, I think he asked eight pounds for him, I reckoned my mare worth six or seven pounds, I asked him his name, and where he came from, he said, his name was William Stow , and he came from Little Ealing, we had something to drink at the Crown coffee-house, and a little time after, he wanted to sell the mare again, that he had of me, for he had not money, he had not much use for her, I told him, he had better keep her, he asked me then, what I would give him for her, and whether I would give him four guineas for her, I told him, I had no objection to give him four guineas for the mare, I saw him again on the 13th of June, a person came and told me, he saw the man that sold me the stolen horse, and that he was upon a bay mare, at the Bull's-head, in Smithfield.

Court. Was not this horse worth more than eight pounds, he was only three years old, coming four? - Not to me, to sell again, and to run the hazard of keeping him, he might be worth more to the owner,

I very seldom keep any horses to draw at all, but to let out to ride.

Had you any evidence by when you bought the horse of him? - There is one here that was by, William Polton .

Court. You say I think, you did not want a horse of that kind? - Yes.

Then he said, if you had one that was less, he would change with you, then the first bargain was to change, there was no talk about the price of the mare till afterwards? - No.

Court. How came you to tell me last night, on the other indictment, that you first agreed to give him five guineas before there was any agreement for the mare at all? - I do not know, it was a mistake if I swore so, I changed the mare with him, I offered him five guineas, but he did not agree to take it, to my knowledge, we went to the Crown coffee-house, and had something to drink, and I paid him, and he asked me to pay the reckoning.

WILLIAM POLTON sworn.

Were you present at any time, when the prisoner brought a horse to Beaumont's yard? - Yes, my Lord.

What day and time? - The 21st of October, between nine and ten, I was in the stable, I saw the horse when I came out of the stable, he brought him there, and offered him for sale as soon as he came in, I did not hear what money was agreed on, I was not at the finishing of the bargain, I think the price was near upon ten pounds, what I heard there, was half a guinea between them, as I was cleaning a horse, just by the door I made answer to the prisoner, when I heard there was only half a guinea between them, I said, if you will allow me to speak, I would split the difference, the prisoner said, I have abated some money already.

Did you hear any thing about a mare? - I cannot say whether it was a mare or a horse in regard to a change, he was to take a mare in exchange, I understood the prisoner that the horse was too heavy for him, and he would wish to have a lesser horse to ride, I think they did agree to exchange, I do not know what money was paid at last by this man to the prisoner.

Are you sure the prisoner is the same man that brought the horse into the yard? - Why I cannot positively say that he was.

Jury. Did the mare that they were to exchange belong to Beaumont? - Yes.

Court to Beaumont. How did you know the prisoner was the same person? - I was very clear it was the same person that shewed me the horse.

PRISONER's DEFENCE.

I am a gardener, and I overtook a man near my house, and he told me that he was going to sell a horse, we walked together and had some beer, and as we went along, we had not gone above two hundred yards before a man asked the other man what he asked for the horse, and he said ten pounds, and then he asked me to have him, I said I have not got the money, but I can let you have part of it, and I thought I might get two or three guineas by this horse to bring him to London to sell, I asked the man to let me take him to market, he did so, I was imposed on.

GUILTY , ( Death .)

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830723-72

542. JAMES BOWEN was indicted for feloniously stealing on the 3d day of June last, one wooden box, value 6 d. one canvas bag, value 1 d. and 26 l. 8 s. 6 d. in monies numbered, the property of Thomas Nugent , in his dwelling house .

Another Count. Charging it to be the property of persons unknown in the dwelling house of Thomas Nugent .

THOMAS NUGENT sworn.

I am a publican , I keep the Globe in the Strand , the prisoner was a fortnight all but one day in my service as a waiter , he made a pretence to go out for his pots, and I never saw him till he surrendered; I missed

the club-room box about the 16th, a fortnight after, when the society met the next time in consequence of missing the box; the box was kept in my bed-chamber under my bed, it was but a small box, it was a society called the Granby Society, to allow ten shillings a week when sick, and ten pounds at the death of a member, they met on Monday, I found it was entirely gone, and I gave it over, I had no suspicion he had thrown it into the coal-cellar, which he owned after; there was twenty-six pounds eight shillings and six pence, or there away, I never tell the money, the stewards do it, I reckon it up, I heard and saw money put in, but I did not count it.

Prisoner. When I was taken he asked me whether I pleased to make it up, he said he would clear me if I paid him half the money.

Court to Prosecutor. Did you offer him that? - Upon my oath I never offered it to him nor to any body else.

HANNAH GOODGER sworn.

I know the prisoner, he was waiter to my uncle's a fortnight all but one day, I first missed the box from under the bed, I was sent for the book, and I could not find the box, I think it was the 16th of June on Monday, the book was always kept in the box, we then went to Justice Blackborough's and searched the prisoner's mother's house, we found nothing there, I laid information in Bow-street, and on the Saturday after I found the box in the coal-cellar underneath the street, the front of the box was broke open, and the inside locks broke, but one in which is a key, it has been at our house since (the box deposed to) there was the book in the box, and some of the articles belonging to the society, and two pence in half pence.

Did the prisoner make any confession in your presence? - Yes.

That was after the advertisement? - Yes.

Court. I must see the advertisement first, what paper was it in? - In the Public Advertiser.

(The advertisement read of Saturday June the 21st 1783, from the General Advertiser .)

Court to Mrs. Goodger. What did the young man confess in your presence? - My uncle asked him how he could think of robbing him in such a manner.

Where was this? - In our house, he was brought there in custody, I think it was the 27th of June on a Friday evening.

What did he confess? - He said he could not think what had possessed him, but if he had been sober and solid he thought he should not have done it, I told him he had robbed my uncle of upwards of twenty-six pounds, he said no, he did not recollect any more than twenty-three pounds.

Did any person at this time or at any other make him any promise or threats? - No never.

JOHN DINMORE sworn.

I am constable of Clerkenwell, the prisoner surrendered himself to one Birkett, I had a search warrant to search the house first, and knowing him from from a child, I made several enquiries, and this Birkett came, and seeing him I laid hold of him, but he had surrendered himself before, he said he had never had a happy minute since he had done it for the Devil was always on his shoulder, he said he could have no happiness in his mind whatever, he said if he had been sober he would not have done it, I made him no promises, or threats, or advice, or any thing of that kind, he said he could not get ease, he said it was the best night's sleep he had had since he did the wicked deed; I found nothing on his person, I do not believe he had a halfpenny in the world, when he went to gaol I gave him three pence halfpenny to buy him some bread, he made a voluntary confession by his own request and signed it.

(The confession read)

Court. Both the hand-writings must be proved.

Mr. Nugent. I saw the magistrate and the prisoner sign this, and this is my hand writing,

"signed James Bowen , taken before

"me the day and year before written;

"attested the examination of James Bowen

"the 17th of June 1783, confessed that he

"feloniously took the club box now produced,

" from under the bed of Thomas

"Nugent, his then master, and carried it

"into his master's cellar, where he broke

"it open with a gimblet and took out the

"money."

PRISONER's DEFENCE.

I leave it to the mercy of the Court.

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

GUILTY , ( Death .)

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

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

Reference Number: t17830723-73

543. MARTHA INGLESENT otherwise GALLOWS PAT was indicted for feloniously stealing in the dwelling house of John Brett , on the 24th day of May last, one promissory note marked No. 1, dated London, 5th April, 1783, for 52 l. 10 s. one other promissory note, No. 2728, signed Thomas Hamersley , dated March 1783; one other pr omissory note, No. 2718, signed Thomas Hamersley , dated 17th April, 1783, for the sum of 21 l. one other note, commonly called a bank note, value 10 l. six other bank notes, value 10 l. each, and which said several notes at the time of the felony aforesaid, being the property of one Samuel Freeman , and the several and respective sums of money then due and unsatisfied to the said Samuel Freeman the proprietor thereof .

SAMUEL FREEMAN sworn.

I live in Warwickshire, when I came to London I spent the evening in Shoe-lane with some friends, about three o'clock we came away, and coming up Fleet-street I had an occasion to stop, and my companions had got about forty yards before me, I overtook them at Temple Bar , says I countrymen you have got paired, I must write down to your wives about this, and instantly the prisoner said to me, you may be paired to; she came and caught hold of me, put her hands round my waist, says I don't be too busy, says she will you give me any thing to drink, she said there was a house through the Bars, we went to the Coach and Horses, there we were consulting what we should drink, I said I always give the preference to the ladies, so she put her hand up and down my thighs and unbuttoned my breeches, surely says I my dear, so I put my stick into my other hand and put my hand into my pocket, and my notes were gone; I caught fast hold of her, says I landlord I should be glad you would assist me, I am robbed to a great amount, I felt my notes before, and now found they were gone; the landlord said damn your eyes and limbs, and he pushed me out of the house, and I knocked at the door, and he would not let me in again; Mr. Whitford was there, the prisoner is the person, I saw her about five or six weeks after; Mr. Clarke desired me to go into every room in the house, I went first into the kitchen and the back parlour, there was nobody that I knew, I was going into the yard and saw her; I am upon my oath, and I am sure the prisoner is the woman that took the notes out of my pocket. I was as sober as I am now.

Prisoner's Council. How came it to be so long as five or six weeks before you became active in pursuit of the person that robbed you? - I had always the sight of her in my mind, I have not been at home since.

How long did you purpose staying in town when you left Birmingham? - It was very uncertain.

How came you by this property? - By my business, I am a broker at Birmingham, I brought it from thence, and part I took at Newmarket, I came on purpose to go to Epsom.

Oh, what to the races, then I understand you are of that description, you came up to pay a bet did not you, and was going to Epsom? - Yes.

Then the consequence was if you lost this money you could not pay the bet? - Yes I did.

To what amount might that bet be? - I cannot say, they were different bets.

Do you usually carry your money about with you? - Yes.

Why is there no banker at Birmingham? - Yes.

What kind of pursuit have you made after that girl for these five or six weeks? - Very great.

Have you been backwards and forwards through Temple Bar? - I have been once or twice but not at night, I will not go again.

Then I understand when you are at Birmingham you are a broker, and when you are in town you are a horse-racer? - I received some money to bring up.

What time did you sup that night? - We had no supper at all.

What all drink? - I believe we had a lobster or two, we staid till two or three o'clock.

And will you take upon you to tell those gentlemen there, who are intelligent men, that you were sober? - I was as sober as I am now.

Are you married? - Yes.

You paired yourself as well as your companions? - Yes.

The girl met you the other side of Temple Bar? - Yes.

Did you go into the house your companions went into? - I told them I would treat them all, I did it to accommodate my townsmen.

Being come to the bar you all drank together? - Nobody drank at all.

How many companions had you with you? - Three or four, I believe some were at the door, I believe two or three women came into the house, and two or three of my countrymen; we stood at the bar.

You did not retire into any more convenient place? - No.

When you four were together you described the girl as being uncommonly amorous, and putting her hand about you, and then it was that you met with the loss? - She had felt before.

She had taken this from you before she came into the house? - No, I tell you.

Have you ever been able to trace any of these notes? - I have been seeking after them.

Have you found any of them? - I wish I could.

Have you advertised them? - No, I went to Mr. Drummond's to have them stopped.

Court. I think you said, this woman put her hand about you before you went into the house? - She drew her hand between my thighs, and up and down my thighs, says I, my dear do not you be too busy.

Court. Might not she have picked your pockets at that time? - No, Sir, she did not then pick my pockets.

WILLIAM WHITFORD sworn.

Deposed to the same effect, being one of the company; he was sure to the prisoner being the person.

JOHN CLARKE sworn.

I searched for the prisoner and could not find her, I suppose I searched fifty times, and she eluded my search.

Prisoner's Council. There were two other girls in custody? - There were; when she was in custody, I told the prosecutor to go into every room and speak to nobody, and if he saw anybody there that had robbed him, to come and tell me, I suppose there were fifty in the house.

How many women were there? - I cannot say.

MATTHEW SWIFT sworn.

I am a constable, I was called up at five in the morning, to take up some woman, there were two, one was run away; I asked the prosecutor, what sort of a woman it was that robbed him, and he told me, and I said, it was Gallows Pat, I saw her there about twelve that night, and she never came back to her lodging.

Prisoner's Council. This girl it seems had deserved some nick name from you? - I know her very well, as well as I know you Sir.

Something better perhaps, however, this girl knew you as well as you knew her? - I dare say she did, but she denied knowing me.

Upon the prosecutor's mentioning that a third girl was run away, you immediately hit upon this nick name? - When they described the prisoner to me.

PRISONER's DEFENCE.

My Lord and Gentlemen, the reason of my leaving my lodging was from the ill treatment I met with, from a man I have lived with several years, I have been twice in the hospital for him.

The Prisoner called four witnesses to her character.

GUILTY Of stealing, but not in the dwelling house .

Transported for seven years .

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

Reference Number: t17830723-74

544. JAMES CLARKE , THOMAS BURNE , and EDWARD COFFEE , were indicted for feloniously stealing, on the 19th day of June last, one cloth great coat, value 40 s. the property of Vittery Rogers .

ALL THREE NOT GUILTY .

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

Reference Number: t17830723-75

545. REUBEN JAYES was indicted for feloniously stealing, on the third day of June last, one tin box, value 2 s. one large China tea-pot, value 5 s. a milk ewer, value 3 s. one China punch-bowl, value 5 s. two China sauce boats, value 4 s. a sugar bason, value 2 s. a pint bason, value 2 s. six glasses, value 2 s. two large rummer glasses, value 2 s. one mug, value 1 s. two pair of sheets, value 20 s. seven table cloths, value 23 s. twelve towels, value 8 s. and one white petticoat, value 4 s. the property of Edward Earle .

NOT GUILTY .

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

Reference Number: t17830723-76

546. ELIZABETH WICKERY and MARY COLUMBUS were indicted for feloniously stealing, on the 23d day of June last, one feather bed, value 30 s. one cotton counterpane, value 5 s. two pillows and two pillow cases, value 5 s. the property of John Wright .

NOT GUILTY .

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

Reference Number: t17830723-77

547. THOMAS GLOVER was indicted for feloniously stealing, on the 27th of June last, one linen cloth, value 6 d. and one rump and chump of beef, value 5 s. the property of Thomas Webb .

NOT GUILTY .

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

Reference Number: t17830723-78

548. PHEBE WHEELER was indicted for feloniously stealing, on the 15th day of June last, one great coat, value 10 s. two yards of cloth, value 2 s. one pair of shoes, value 1 s. two linen shifts, value 3 s. one linen shirt, value 3 s. three linen aprons, value 3 s. four caps, value 2 s. and one linen gown, value 5 s. the property of Henry Morris .

NOT GUILTY .

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

Reference Number: t17830723-79

549. CHARLES MEREDITH was indicted for feloniously stealing, on the 30th of June last, fifty-six pounds weight of hempen oakum, value 5 s. the property of Peter Misteers .

Peter Misteers not appearing, his recognizance was ordered to be estreated, and the prisoner was

ACQUITTED .

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

Reference Number: t17830723-80

550. JOHN HAGUE was indicted for feloniously stealing, on the 20th of June last, one ham, weight twelve pounds, value 6 s. the property of Strother Allen .

STROTHER ALLEN sworn.

I am a cheesemonger , in Whitechapel , about ten o'clock at night, the 20th of June, I heard the cry of Stop thief! and I looked and the ham was gone out of the window, I did not see it taken, the prisoner's wife came into the shop at the same time, I immediately went out on the cry of Stop thief! but I durst not leave the shop, I had nobody in it, I did not see the prisoner, I believe the ham to be my property, there was no mark on it, one ham may be like another, I cannot swear to it.

JOHN BATES sworn.

I live in Bishopgate-street, I was in my shop, and I saw the prisoner at the bar take this ham out, and run away with it, I am sure it was the prisoner.

What means had you of identifying his person? - He was not a minute out of my sight, from the time he took it, to the time he dropped the ham before me, I picked up the ham and gave it to the prosecutor.

Prisoner. He said before the Justice, he did lose sight of me.

Court. Did you say so? - Not to my knowledge.

THOMAS NOBLE sworn.

I live in Whitechapel, near the prosecutor, I saw a number of people running after the prisoner, and I run and stopped him, I did not see him drop the ham, but instantly as I stopped him he said, for God's sake let me go, I have only stole a bit of bacon, and Mr. Bates came up directly and insisted on my stopping the man.

The PRISONER's WRITTEN DEFENCE READ.

The defence of John Hague humbly implores your humanity, for the sake of his wife and three small children, totally unprovided for; I never came before a Court of Justice before; I got my livelyhood for some years, I was acting under the first lieutenant of the Princess Royal, commanded by Admiral Barrington , he waited to give me a character, I am an ailing man owing to having my scull fractured; I hope you will pass such a sentence upon me, as to enable me to get my livelyhood, and maintain my distressed family, and as in duty bound, shall ever pray.

GUILTY .

To be whipped and discharged.

Tried by the second Mindlesex Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-81

551. JOHN GRIMES was indicted for feloniously assaulting John Scotland (with one William Sainsbury not taken) on the King's highway, on the 11th of June last, putting him in fear and danger of his life, and taking from his person, and against his will, two shillings in monies numbered, his monies .

The Prosecutor not being able to swear to the Prisoner, he was

ACQUITTED .

Reference Number: t17830723-82

552. REUBEN WRIGHT was indicted for feloniously assaulting Emanuel Myers in the King's highway, on the 22d day of June last, and putting him in fear and danger of his life, and taking from his person, and against his will, 2 s. in monies numbered, his monies .

EMANUEL MYERS sworn.

The Prosecutor being a foreigner an interpreter was sworn.

I live in Dukes-place, I deal in old clothes ; on Monday se'nnight, I cannot tell the time of day, I met the prisoner in Brewer-street , I had taken two shillings and six-pence out of my pocket with intent to pay another person, and I was going with the money in my hand to a house, to

give it to a person, and the prisoner and another man came up to me while I had the money in my hand, one came before me, and another behind me, they knocked me down, and pushed the money out of my hand, the prisoner was one of those two persons, I never saw or knew him before, I did not understand what they said when they knocked me down, but another witness heard the words, they knocked the two and six pence out of my hand, they picked up two shillings and left one six pence on the ground, this was between five and six.

Court. Were the men drunk or sober? - I do not think they were drunk.

Do not you think they did it as a frolick or matter of fun? - It is out of my power to say whether they did it out of frolick, or whether they did it with intent to rob me.

Jury. Who was your adviser to carry on this prosecution? - A gentleman who was the witness.

As you say you cannot speak a word of English, how do you carry on your business? - There are so many of my country people who generally assist me, I come from Hanover.

They cannot be always with you? - I generally make a motion.

Prisoner. When the money dropped out of your hand who picked it up? - I cannot say positively, I was laying down, the prisoner gave me a blow, and the money flew out of my hand.

RICHARD FREER sworn.

I am a stock-broker, I live near to Islington turnpike, I am an accomptant, I settle bankrupt's accompts, on Tuesday was a week I had been up to the other end of the town on business, and was returning about half after five, when I came to the end of Brewer-street, I observed the prosecutor standing leaning against the corner of a shop window, he seemed to be either counting or examining his money to see if it was good, just then two men came behind him, and they made a sudden stand that engaged my attention, one of them which was the prisoner was behind the other man, the other man stooped down, and the prisoner at the bar gave the Prosecutor a shove with one hand and a blow with the other, and he fell down, and the other man picked up some of the money, and immediately made off; I immediately went up and laid hold of the prisoner, the person who is not taken made a kind of stoop or bend in his body and the prisoner reached over him, and gave him a shove and struck him.

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

Reference Number: t17830723-82

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: t17830723-82

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 23d of JULY, 1783, and the following Days;

Being the SIXTH 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 VI. 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.

[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 Reuben Wright .

Had they any offensive weapons? - I saw none.

Did he strike him so as to knock him down! - I cannot say, but it was the prisoner that shoved him and gave him the blow, he fell by one or the other; I told him it was a shame to treat a poor old man so, and he made a kind of laugh and began to swear, I said it is certinly robbing at noon day, the prisoner said, master I hope you will let me go, I have not got any of the money, the other man has got the money; the prisoner opposed my laying hold of him very violently.

Was any body near? - I only saw two people for the length of an hundred yards.

Was the prisoner in liquor? - I did not observe it.

Did the prisoner and the other man seem to be acquainted at first? - I perceived these two men the distance of a dozen yards at first, about the space of two minutes, they were walking together, and when they came up to this man they made a kind of a stand directly behind, which rather engaged my attention.

Prisoner. My Lord, I know no more of the man than you do, one of the Jews asked me to buy something, I shoved him and told him to go about his business, I had been of an errand to Doctor Fordyce 's in Warwick-street; one of these Jews offered at the Justice's to make it up if I would pay for two days work, and then after this gentleman went away, this Jew said he would take care I should weigh forty.

Witnesses to the Prisoner's Character.

BENJAMIN GENT sworn.

I live in Carnaby market, I am a master butcher, I have known the prisoner a good many years, and have employed him, he is rather an idle chap, he will not work but when he pleases.

EDWARD GOSLING sworn.

I live in Carnaby-market, I have known the prisoner seven or eight years, I have employed him and received money from him.

What is his general character as to honesty and industry? - I am afraid it is but indifferent.

Court to Jury. Gentlemen of the Jury.

This is an indictment for a robbery on the highway; it is unnecessary for me particularly to state the evidence to you, if you believe the two witnesses that have been adduced to prove this case; this man

was stopped, he was shoved by the prisoner at the bar, the money was knocked out of his hands , and two shillings were taken away from him, that does not rest merely on the evidence of the prosecutor, but is confirmed by Richard Freer ; and the prisoner in his defence goes so far as to say, that he gave him a shove: It is also in evidence, that the other man run away with the money: The sum, Gentlemen, to be sure is trifling, but then the man is poor, from whom that sum is taken, and he is to be protected in his property, as well as people in a superior station: If you think that these two men were in one common design, to do this poor man an injury, and to take away his property, the act of the one, in the construction of law, is the act of the other, and it is not extremely material which gave the man the shove, or which took up the money. Gentlemen, at the same time, that it may be right to discountenance a proceeding of this kind, especially in a man, who, from his own witnesses, cannot give any very good account of himself, and who appears to be a man of a very indifferent character; yet considering the sum taken, the manner of taking it, and that there was no very great violence offered to the man, perhaps it may let in a discretion, which in point of humanity, the law has permitted you to exercise, that is, to acquit the prisoner of the robbery, and find him guilty of the larceny, or it is in your discretion to acquit him generally, as you think the nature of the case in point of example requires.

Prisoner. My Lord, I had no more intent to hurt the man, any more than I had to hurt you; I am only my own enemy and nobody else's, they speak against me from the market, because I will not work for them at under price, and I will not do it.

GUILTY Of stealing, but not of putting the person in fear .

Court to Prisoner. I understand, you have had a great quantity of correction, which has had no effect, and that you are one of them who had better be removed from the country, the sentence therefore of the Court is, that you be transported to America for the term of seven years .

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

Reference Number: t17830723-83

553. JOHN FINLOW was indicted for feloniously stealing, on the 3d day of July last, one wooden trunk, covered with paper, value 12 d. two linen caps, value 3 s. one linen cap, value 2 s. one lawn apron, value 3 s. two yards of lace, value 6 s. and three shillings and six-pence in monies numbered , the property of Elizabeth Humphreys .

NOT GUILTY .

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

Reference Number: t17830723-84

554. JOSEPH PARNESS , JOHN FREDERICK , and THOMAS RUGG were indicted for feloniously stealing, on the 1st of July last, two hundred pounds weight of old iron, value 10 s. the property of Thomas Jolliffe .

ALL THREE GUILTY .

To be whipped and discharged.

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

Reference Number: t17830723-85

555. ELIZABETH WHITEMORE was indicted for feloniously stealing, on the 11th of June last, three pint pewter pots, value 1 s. 6 d. and one half pint pewter pot, value 3 d. the property of Joseph Moul .

GUILTY .

To be whipped and discharged.

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

Reference Number: t17830723-86

556. SAMUEL HIGBY was indicted for feloniously stealing, on the 10th day of

June last, one two wheel cart, value 4 l. the goods of John Way , Esq.

JOHN SLY sworn.

About the 8th of June, I missed this cart, and I found it on the premises of John Summers , cow-keeper, in Tothill-fields.

JOHN SUMMERS sworn.

I saw the prisoner about four in the morning of the 30th of May, with the cart, I asked him, whose it was, and he said, it was his; I am Mr. Way's servant, it is his cart, I can swear to it.

THOMAS ANNESLEY sworn.

On the 30th of May, a couple of farmers came out of the country, and sent to me to find this cart, I am a constable, and a person having given me an item when I was out on Saturday, on Sunday I found the cart, I know nothing of Summers.

Was it altered? - No.

Did not you see him bring it in? - No.

PRISONER's DEFENCE.

When I got up in the morning, a man asked me whose ground that was, I told him, it belonged to Mr. Summers; and he said, do you think he will let this cart stand here, then out came Mr. Summers and said, it must not stand there, I knew nothing of the cart from that time to this, nor never saw it before in my life.

Court to Summers. Was there any other person standing by? - There was.

Are you sure that the prisoner did not refer you to the other person? - I am sure he said, it was his cart, I never saw the other person since, I knew Mr. Higby, he keeps an old iron shop.

What is his character? - I do not know.

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

NOT GUILTY .

Tried by the second Middlesex Jury before DEPUTY RECORDER.

557. The said SAMUEL HIGBY was again indicted for feloniously stealing, on the 19th day of May last, one two wheel cart, value 4 l. the property of Marmaduke Dodsworth .

MARMADUKE DODSWORTH sworn.

On the 19th of May, I missed a two wheel cart, I saw it afterwards in Tothill-fields, in Mr. Summers's yard, tied to Mr. Way's cart, I do not know how it came there.

JONAH WARD sworn.

I saw this cart, and the prisoner's name was on it in chalk, he said, he would take it away again.

Was there any other name, that had been taken off, or scratched out? - There was apiece of board put out, and a new piece put in.

Court to Prosecutor. Had your cart your name on it? - Yes.

Did you observe the circumstance of the board being taken off, and the new one put in? - Yes, my cart they painted all blue, and the side in black letters.

THOMAS ANNESLEY sworn.

I found this cart along with Mr. Way's, on Sunday morning.

JOSEPH SHREWBY sworn.

The prisoner brought a cart to be repaired, I am a wheelwright, it was a one horse cart, I put a board in the room of the name that was in, I knew nothing of it at that time, I have seen this cart since, and I can positively swear it was the cart that the prisoner brought me to repair, I live in St. John's Church-yard, Westminster.

The Prisoner called the witnesses to his character as before.

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-87

558. GEORGE WISE was indicted for that he, well knowing that one Thomas Hollis had lately served on board the

ship called the Sybill, and that certain prize money was due and payable to him; on the 6th day of June last, feloniously did forge and counterfeit, and procure to be forged and counterfeited, a certain letter of attorney from the said Thomas Hollis , in order to receive the said prize money, then due and payable, for the service of the said Thomas Hollis , on board the said ship, with intention to defraud the said Thomas Hollis , against the form of the statute .

The second count for uttering the same, with intention to defraud Edward Omine , Paul Maylor , David Webster , Vincent Corbett , and William Paget Clerk, knowing the same to be false, counterfeited, and forged.

The third count the same as the second, only, with intention to defraud the said Thomas Hollis .

The following London Jury were sworn on this trial, the former London Jury being discharged.

Robert Grubb

Richard Price

William Mercer

John Rose

Prince Edward King

Henry Hardy

George Lister

Lewis Cole

Edward Worsley

John Brockhose

Thomas Fletcher

William Bumpstead .

JAMES HALFORD sworn.

I am clerk to Mr. Omine he is a prize agent for the Monarque, the Sybill, and a great many more, with Mr. Paget, Mr. Paul Maylor , Mr. Vincent Corbett , and Mr. David Webster ; the prize money of the Sybill was advertised in the Gazette, to be paid on the 12th of March, (the Gazette shewn him) that is the advertisement.

Did the sailors apply for their money? - They did, a great part of them, it was in course of payment, from the 12th of March, on the 6th of June last; the prisoner at the bar applied with a joint power from Thomas Hollis and Richard Thomas , this is the power, and these are my figures against each name 13 l. 7 s. to each of them, I apprehend I asked him the questions, as to where it was executed, and where the men were, but I do not recollect what questions they were, I saw it was executed before the Lord Mayor, I have seen five hundred of them I believe: about three weeks or a month after, Thomas Hollis came himself for his prize money, and on examining the prize list, which is here, I found it had been paid to Mr. Wise, and what is very remarkable, I had in this instance taken an account where Mr. Wise lived, he told me where he lived, and I found that direction true; Thomas Hollis was surprized to find that I had paid it, and said he would call on Mr. Wise about it, I saw Wise afterwards, I went with Mr. Omine's attorney to him, after we had paid the money to Hollis, for after he had brought sufficient proof that he was the man, we were obliged to pay it over again to Mr. Hollis, and I went to Mr. Wise and found him in the way, I apprehend it was about a month after the money had been paid to Wise, and a few days after the money had been paid over again to Hollis, I went along with Mr. Parnther, Mr. Omine's attorney, and we told Mr. Wise the circumstance of the forgery, that we had been obliged to pay it again, he said, that two people had been with him to the Lord Mayor, and signed a power of attorney, as Thomas Hollis and Richard Thomas , and he produced the power of attorney, which is now before the Court; Mr. Wise went out, as I suppose, for some beer, and we waited a considerable time and did not see him again, we could not tell the cause, we waited about ten minutes or a quarter of an hour, I did not see him any more, we came away, and my Lord Mayor granted a warrant.

Was you ever in company with Wise and Hollis together? - Never before I came before the Lord Mayor.

When they came there, what passed? - When they came before the Lord Mayor, Mr. Wise brought some witnesses to prove, that they knew these people to be lodgers at his house three weeks, who had gone by the name of Thomas Hollis and Richard Thomas .

Did they describe them to be seafaring men? - I think they did.

Are these people bound over to prosecute? - I believe not, they appeared for the prisoner.

Prisoner's Council. In the first place, when the prisoner applied to you with this power of attorney, you then thought it necessary to ask him where he lived, and you took a memorandum of it? - I did.

And he told you the truth? - He did.

Afterwards, you understood, that Hollis applied to the prisoner? - So he told me four or five days after this.

Hollis knew of the circumstance of this power of attorney being presented, before he went to Wife? - Yes, we then went and found him at the Bell in the Maze.

Was it you or Mr. Parnther, that asked him to return the money? - I do not recollect, whether it was me or Mr. Parnther.

But one of you did? - I do not recollect.

It is a fact, and therefore you had better answer it at first? - I know I did not.

Did not Mr. Parnther? - He might ask such a question.

Do you believe he did? - I believe he did.

In your presence? - Yes.

Court. What did the prisoner say, on such application? - There was such conversation passed, and he said, he should not return the money.

It was three weeks or a month, before the person that you now take to be the true Thomas Hollis made his application? - I believe it was.

Afterwards you say, you were satisfied he was the man, and you did pay him? - Yes.

JOHN DRUCE sworn.

I belong to the Navy office, here are the master's books, belonging to the Sybill.

Is there any man of the name of Hollis? - I have examined them, there was only one on board at the time the prize was taken, his name was Thomas Hollis .

Where did he go? - He went to the Boreas, from thence to the Conquestadore guardship, and from thence to the Polyphemus.

Court. Are these the papers sent you from abroad? - These are the master's books.

Prisoner's Council. Have you examined whether Richard Thomas is there? - I have not examined, I have the custody of the Polyphemus's book as well as the Sybill's.

Prisoner's Council. How do you know he was the same man? - By regularly tracing it from one to another.

THOMAS HOLLIS sworn.

Court. Is it not necessary to have some body to ascertain that he is the man?

Council for the Prosecution. He is not at all interested in this business, the prize agents have paid him, therefore, whether this is a forgery or not, he cannot receive it again.

Prisoner's Council. But this man may be punished if he has practised an imposition on Mr. Omine; if the money has been paid to him improperly, it may be traced back again, I should have thought that they would have set up some other proof that this man was a sailor at the time on board the Sybill.

Was you ever a seaman on board the Sybill? - Yes.

Was you on board her when she had taken any Dutch prizes? - I was.

Who was the commander? - Lord Charles Fitzgerald , the ship we took was called the Mars at that time.

Was you afterwards on board the Polyphemus? - Yes, I have my certificate now I think, I left it a month ago, it is down in my certificate, that is the Captain's hand-writing, he wrote it himself.

Was you in London in May last? - No, Sir, we sailed the 22d of April, broke ground from the West Indies.

Did you give any power of attorney? - Never in all my life, I never clapped hand to paper.

Do you know the prisoner? - I never saw him to my knowledge till I saw him at his house.

What did he say when you told him your name was Hollis? - He said he had received a power of attorney in such a name from a couple of sailors who used his house, and

it was very hard for him to pay the money back again.

How soon was it that you applied to him after you had been at Mr. Omine's? - That very day, the prisoner said I was not the man that had given him the power of attorney, he said I was not the man that went with him before the Mayor.

PRISONER's DEFENCE.

Two men lodged with me three weeks, who went by the name of Richard Thomas , and Thomas Hollis , and they asked me if I would trust them, and they would make me a power to receive their prize money, and I did trust them, and they made me a power, and after that they went to work on a vessel in the river, they told me they were going to Ostend, they came up to me some little while afterwards to know if I had received their money, I told them I had, they told me they were in expectation of going away every day, and they would be glad if I would give it them, they told me to take what they owed me, and they would give me a receipt for what was coming to them, and they asked a young man who lodged with me to write a receipt, and he did write the receipt, and he was present when the money was paid, and he is here a witness now; after the receipt was signed they went away and said they were going to Ostend, I have not seen them since.

ROBERT GREENWOOD sworn.

I am a journeyman baker, I am out of place, I was a lodger in the prisoner's house at the time, he keeps the Bell in the Maze Southwark.

Did you know a couple of people who lodged with the prisoner who called themselves. Thomas Hollis and Richard Thomas ? - Very well.

What were they? - They were both sailors, they always called themselves and one another by these names.

Do you know of any transaction between Mr. Wise and them relative to their prize money? - They were at Mr. Wise's house three weeks up and down, and they got work on board a foreign ship, they owed Mr. Wise money, which he lent them at different times, and for board and lodging, they said they had money to receive from such a ship, and they made him a power of attorney to receive it for them.

Did Mr. Wise receive the money? - He did.

After that was any settlement between them? - Yes, I saw it, Mr. Wise gave each of them ten pounds seven shillings, I wrote the receipt myself, neither of them could write, they asked me to write a receipt, which I did, and witnessed it myself, (The receipts banded to him) they are both my hand writing, and there is their marks to it.

What came of the men afterwards? - I believe they went to Ostend, I believe they were at Mr. Wise's house once or twice after, but I cannot tell.

Council for the Prosecution. When did the men go to live there? - I cannot tell.

What was the money due for do you know? - I cannot tell that exactly, though I was a lodger in the house at that time.

(The receipts read.)

"June 9th 1783, Received of Mr.

" George Wise the sum of ten pounds seven

"shillings by me Thomas Hollis , his

"mark. Witness Rt. Greenwood.

"June 9th 1783, Received of Mr.

" George Wise the sum of ten pounds seven

"shillings by me Richard Thomas ,

"his mark. Witness Robt. Greenwood."

Council for the Prosecution. How long had they been there? - About five weeks, two weeks they lodged and boarded there, he lent them a shilling or two at a time.

How much might he lend them? - I cannot tell.

What did they pay for the lodging and boarding? - I cannot tell.

What do you pay now? - I am not always at home, when I have a dinner or any thing of that sort, I pay so much for a dinner or a breakfast; I am out some days for two days together, they lay there sometimes, then perhaps they were not there for two days together.

How was this settled? - It was all put together, the two men put all their reckonings together.

What were they to pay for their lodging and board? - I cannot recollect, they did not board regularly.

What, when he lent one a shilling, did he lend the other a shilling? - Sometimes he lent them five shillings, and three shillings, and two shillings between the men.

Did he ever lend them money in greater sums at a time than two or three shillings? - Yes, I know he has lent them five shillings, but never more than five shillings to the best of my knowledge, I am sure of it, I think not.

Were their demands pretty frequent during that time that you were with him? - I was present when the power of attorney was agreed to be made.

What month was that in? - The latter end of May, or the beginning of June.

How long was it before the money was received? - That I cannot exactly tell.

No? - No.

You cannot tell that at all? - No, I cannot exactly tell.

Had you much conversation with these men, this Hollis and this Thomas? - Yes, I have drank a pint of beer, I do not know the ship's name that they were on board, I have heard the name of the ship, but I do not remember it.

Prisoner's Council. You are only a lodger in the house, you do not know all his concerns, only you saw them there? - That was all.

RICHARD WILLIAM STEELE sworn.

I am a sailor, I do not lodge with Mr. Wise, I lodged there about a week.

Do you remember two men of the name of Thomas Hollis and Richard Thomas ? - I know them very well, being in discourse with them, and drinking with them, they were at the prisoner's house, and they lodged there before I came, and afterwards when I used to go on board, I saw him make his mark, and write the receipt.

Court. What way of life were Hollis and Thomas in? - They were sailors.

Did they run a score there? - I cannot tell.

Was you one of the men that went to the Lord Mayor? - Yes.

Council for the Prosecution. What are you? - I am a seaman, I have been on board several ships, I now work on board the Rodney, I never saw the men before, that I know of, I have seen them there for about three weeks.

(The other witnesses were here ordered out of Court by the desire of the council for the prosecution.)

Which was the tallest of the two? - Hollis was the tallest of the two, the other man was short.

Did either wear his own hair? - The short one, I believe, wore his hair slack, the other had his hair slack, only thinner.

Black hair? - No, not so black as mine.

Which of them was red haired? - Neither of them.

A lusty man? - No, he was a short pock-marked man, about five feet two inches high, and I take the other to be about five feet six or seven inches high, about the build of me, though not so stout, I believe one wore a linen waistcoat, blue jacket, and long trowsers, they both had outside blue jackets, I do not know what became of them, they said, they were going out to Ostend in a neutral ship, and I heard them ask this man to write the receipt, and I saw them make their mark, Richard Johnson and I was drinking together then.

FRANCIS PILLIPS sworn.

I am clerk to my Lord Mayor, I remember two men, one calling himself Richard Thomas , and the other Thomas Hollis , coming.

Council for the prosecution. Do you know their persons? - No, Sir, that is impossible.

(The marks on the notes and the marks on the receipts compared.)

RICHARD JOHNSON sworn.

I am a sailor, I used to go to the prisoner's house every day, I remember two men being there in May, who called themselves Hollis and Thomas.

Council for Prosecution. What kind of men were they? - Richard Thomas was a tall man.

And what was Hollis? - He was a short thick man.

How tall was Thomas? - As tall as that man there, Hollis was a short thick man.

What were they dressed in? - Blue jackets and long trowsers, they had both short hair, Thomas was five or six inches taller than the other.

Prisoner's Council. One of them was tall, one of them was rather short? - Yes.

Council for Prosecution. What coloured hair? - Brown hair.

Neither of them red haired? - Not to my knowledge.

Was you present when the power of attorney was given? - No, Sir, I came in just after they had received their money and they were making their marks, and I read the receipt over after.

Can you read? - Yes.

Was the receipt given the same day as the power of attorney? - No, it was not.

When was the power of attorney given? - I cannot say what day.

Court. You was one of the three before the Lord Mayor when the man was apprehended? - Yes.

HENRY ROGERS sworn.

I am a brewer, I live at South-end, I know the prisoner, I have known him better than two years, never a man bore a better character in the world, he has a great many of those people lodges with him; when he was a gentleman's servant, he applied to me for a publick house, and I recommended him to one and he could not raise money enough; then he went into this; I never heard any thing amiss of him, but what he always behaved very well, his master lent him part of the money to go in.

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

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-88

559. WILLIAM TOMLIN was indicted for feloniously stealing, on the 18th day of July last, twenty-one bushels of sea coal, value 16 s. the property of John Hurford , John Marshall , and William Stone .

JOHN STOCKBRIDGE sworn.

I am a lighterman and servant to the house of Messrs. Hurford and Co. the coals were loaded the 17th of July in the Barge, I copy the day's work every night for my master, here is my book; on the 18th I ordered a man to take them to Bow, to Mr. Stone and Turner, a customer of my master's.

Court. Had Mr. Stone and Turner, paid for them? - No, I never saw the barge since.

WILLIAM NICHOLS sworn.

I am a waterman and lighterman.

In whose employ are you? - In my own; this day fortnight, about eight in the morning, I ordered my servant to get my boat ready for me, and to set the sail, I went down the river, and at Blackwall I was standing in my boat, and I saw two men hard at work heaving coals out of a barge at Bow-creek, my boy saw them, I went further to Blackwall and had a more full view of them, and I saw a man go out of the barge, I do not know who that man was, he was a stout portly middle sized man, they were hard at work, and then I saw the prisoner at the bar step out of the barge with a shovel, that was before I saw the first man go out of the barge, about five minutes, he began to trim his boat, there were some barges laying at anchor, I rowed round them, and he shifted upon the larboard quarter; I went alongside of him, and I said, what a young man you are, why will you be guilty of these things, of robbing that coal barge, he was in the barge; he said, you know, Mr. Nicholls, every thing is very dear and there is nothing to do upon the water, I said, I know it very well, says he, I can get nothing to do, and I must go a thieving, then says I, had not

you better go and black shoes on Tower-hill or any where.

Court. Well, what did you see him do? - I saw him heaving coals out of that barge into his boat for upwards of a quarter of an hour, I do not know whose coals they were, the number of the Barge was 172, and named the Fanny.

Prisoner's Council. This prisoner is a very facetious gentleman, to hold this conversation with you, if you had been stealing coals, would you have said any thing? - No, I do not think I should.

I Did not you think it extraordinary that the prisoner should declare it? - No, I thought it not so, because it is what he lives by, he is up and down every other day, stealing coals.

You are very wrong in saying that, it will have a proper effect on the Jury? - He swore he would be the death of me.

JOHN ORANGE sworn.

I am headborough of Saint Paul's, Shadwell, I know nothing of this, any further than I had the warrant against him, and apprehended him.

WILLIAM STONE sworn.

I am a partner in this house, the barge is ours; she is now at Bow wharf; I only know we have a barge called the Fanny, No. 172. of my own knowledge.

PRISONER's DEFENCE.

John Hutcheson , the lighterman, asked me to help him, as there was a great number of lighters lay about, it was impossible to get her in by himself, and he told me, says he, young man, I will give you a few coals for your assistance, and accordingly he did so, and as I had just got what he pleased to give me, this Mr. Nichols came down, says he, Tomlin, you will not leave off, I have you at last, I am determined to trouble you, I shoved away from the barge, and never had my foot in her afterwards, I was going to sell them where I could.

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

GUILTY .

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

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

Reference Number: t17830723-89

560. JOHN CHAMBERS was indicted for feloniously stealing, on the 21st day of July last, one linen handkerchief, value 15 d. the property of Robert Carter .

The Council for the prosecution opened the case as follows:

Gentlemen of the Jury,

The prosecutor in this case is a publican , and lives in Clerkenwell-green, the prisoner is a solicitor of some description, that attends this Sessions-house, and Hick's-hall, he is not an attorney I am informed, nor an attorney's clerk, therefore, I call him a solicitor, as he is a person that does a considerable deal of business: on the 21st of July last, the prisoner was coming along Turnmill-street , and he there chose to take a handkerchief belonging to the prosecutor, from the pocket of the prosecutor; the prosecutor demanded his handkerchief with a good deal of asperity, and he said, if he did not return it him, he would charge him with a constable; the prisoner said, he might charge on and be damned, and he gave the prosecutor's handkerchief to one Mr. Mealan, who was in custody some time since; the prosecutor accordingly charged a constable with the prisoner, who was taken before a Justice of Peace, and committed to prison: Gentlemen, if proposal was afterwards made on the part of the prisoner, to give a supper and five guineas, to make this business up; the prosecutor rejected both the supper and the five guineas, from whatever quarter they might come, with that degree of propriety, that every honest man would do, who had been ill treated and robbed: Gentlemen, I am informed Mr. Chambers is in very affluent circumstances, but, notwithstanding that, if he has been seduced, by any little meannesses, to commit any such unworthy act, as this laid in the indictment,

he is equally guilty with any other man; you will hear the evidence in support of this prosecution, and then if you think he had a felonious intent, in taking this handkerchief, you will find him guilty, if you think otherwise you will acquit him, and restore him to his clients, that he may follow his usual avocation of instructing the ignorant, and protecting the weak, in their pursuits of Justice at Hicks's Hall.

ROBERT CARTER sworn.

I keep the Lamb and Flag, on Clerkenwell-green.

Where was you on the 21st of July? - I was coming up Turnmill-street, Seasons the constable had a man in custody, and with that they stopped there with the man, and I stopped; the prisoner was going close by me and I was talking to Mr. Seasons, I had never a coat on, my handkerchief was in my waistcoat pocket, I knew the prisoner before, and he whipped the handkerchief out of my pocket, I happened to feel it go, and I said to the prisoner, says I, I will tell you what Mr. Chambers, you must not play the joke with me, I have been played the joke with too often, says he, damn your handkerchief, I have not got it, says I, I Insist upon having it, or else I will charge you with a constable, he said, now charge away and be damned, I told him, I was in earnest, says I, will you give it me, he throw the handkerchief over his shoulder, and I believe Mr. Mealand picked it up.

Court to Jury. Gentlemen, this is horrid, here is a man that he knew before, and he saw him throw the handkerchief over to another man, and he says, you must not play the joke with me, I have been played the joke with too much already, and then he charges this man with a felony.

Court to Prosecutor. You have carried the joke too far a great deal.

Prosecutor. He said he would indict me, if I compounded felony.

NOT GUILTY .

Court. The Court are of opinion, that Mr. Chambers should have a copy of the indictment.

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

Reference Number: t17830723-90

561. THOMAS DENTON was indicted for feloniously stealing, on the 24th day of June last, two pewter quart pots, value 3 s. and two case knives, value 2 s. the property of John Powell .

GUILTY .

To be whipped and discharged.

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

Reference Number: t17830723-91

562. WILLIAM HUGHES was indicted for feloniously stealing, on the 24th of June last, one large brass knocker, value 4 s. the property of William Massey . (See No. 479.)

NOT GUILTY .

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

Reference Number: t17830723-92

563. MARY GRAVES was indicted for feloniously stealing, on the 3d of July last, forty yards of Irish linen cloth, value 4 l. the property of John Wyatt , in his dwelling house .

JOHN WYATT sworn.

On the 3d of July I missed this piece of cloth, I am a glover by trade, and live in Prescot-street, Whitechapel , I saw the prisoner come down stairs with the piece of linen, and go out of the street door, I thought it was a strange woman, I never saw her there before that day, and I asked my wife if anybody had been up stairs, and she said, no, I said, then there is a thief, so she went up to the two pair of stairs room, and found the drawers rifled, with all that was in them, and the things of the bed packed up in a pillow bier, and this piece of Irish cloth, that we had bought but three days before, was laid on a chair, it was missing, I did not stop her when I first

saw her, I called Alice Tiffin , who was my servant, to look after the woman, and I shewed her her about half up the street, and she catched her and brought back the linen, it is my property, (the linen deposed to) it cost me four pounds nine shillings and six pence.

Prisoner. When I came down stairs had I any thing at all about me or any thing in my apron? - I saw her blue apron turned up with a bundle.

ALICE TIFFIN sworn.

I pursued the prisoner by the desire of my master, I caught her in Swallow's Gardens, I found the cloth on her in her lap, done up in a bundle, she run away and the cloth fell down, I picked it up, and the people came up and apprehended her.

PRISONER's DEFENCE.

I never saw the cloth before I saw it at the Justice's, and the young girl swore to picking it up then.

Tiffin. I picked up the cloth myself.

GUILTY. Of stealing to the value of 39 s.

Transported for seven years .

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

Reference Number: t17830723-93

564. JAMES GROVES was indicted for feloniously stealing on the 7th of July last 50 lb. weight of lead, value 7 s. belonging to John Saunders , and then and there affixed to his house .

JOHN ROBSON sworn.

I live in New Quebeck-street, on the 7th of July a little before six in the morning I went to my work, and I saw the prisoner at the bar going behind some buildings called the Circus , and I turned round and saw the prisoner come along the Mews with leads from the Circus into the middle of Quebeck-street with a load on his back, as there had been a great deal of lead stolen, I called some people to see what he had got, he was stopped and I saw he had lead, then we took him down to the watch-house, Mr. Wild went with us, and we asked him if he had not more lead, he said he had taken more lead to a house in Oxford-road, and he was to carry this, he went to Litchfield-street and did not deny the fact.

How do you know it was taken from the dwelling house of John Saunders ? - It was the house of John Saunders , I did not see him steal the lead, we took the lead there, and matched it by the nail holes, and it agreed.

SAMUEL WILD sworn.

I was with Robson and my evidence is the same as his so far as the lead corresponding.

MARY ABBOT sworn.

I saw the prisoner go into this house at half past four, I did not know him before, I am positive to his person, I am not positive of the house, it was one of the Circus houses.

Have you pointed out the house to any of these gentlemen? - Yes.

Which of them? - To John Robson .

Did you see the prisoner cutting or stripping any lead? - I did not observe him after he went in.

Court to Robson. Is that house she shewed you the property of John Saunders ? - It is.

JOSEPH ABBOTT sworn.

I live at No. 19, New Quebeck-street, I saw the prisoner a little after six come out of the Circus with a bag upon his back, I pointed out the house to Mr. Robson.

Court to Robson. Is that the same house? - It is.

PRISONER's DEFENCE.

My Lord, and Gentlemen of the Jury, I found this lead, I had been at work in Tottenham-court-road, and I was out of employ, and I asked for work.

Court to Robson. Does it at any time happen that lead rolled up in this manner may be laying in the house? - It is rather uncommon.

Prisoner. It was laying in the area, I know nobody in London.

Court. The woman saw him go in between four and five, and you met him at six, had he time enough in that space? - He could do it in half the time.

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-94

565. HENRY ASH and SARAH ASH were indicted for feloniously assaulting Ann Jones , in the dwelling house of the said Henry Ash , on the 26th day of June last, and putting her in fear and danger of her life, and taking from her person, and against her will, two guineas, value 42 s. one half guinea, value 10 s. 6 d . and 7 s. in monies numbered , the monies of the said Ann Jones .

ANN JONES sworn.

I went into a publick house for a pint of; porter, and the prisoner and his wife came in and they said, make it a pot, I said, I do not choose to drink with strangers; the landlord made it a pot, I went away from the door, and the prisoner Henry followed me, and took my cloak, and I followed them home, and they drew me by my arm into their house, and took away two guineas and a half, and seven shillings in silver, and then they drove me out into the street, it was between ten and eleven o'clock when they took away my money, when I left this publick house, I believe it was high upon nine.

Were you acquainted with these people before? - Never in my life.

How came you, as you never knew these people before, and they began to use you ill, so early as nine o'clock, how came you to be with them between ten and eleven? - I run after them as hard as I could, and they dragged me by the arm, and she struck me a blow on the head, and drew me up stairs, whether I would or not.

Court. Why did not you call on somebody to stop them? - Because I was a lone woman, and I was afraid, left anybody should misuse me, the ale house was somewhere by Old-street , Ash's house was in Old-street, it was a mile off.

Were you two hours running after them? - I lost sight of them sometimes, they run in and out, I was afraid, I did not cry Stop thief! I came to the watchman after they had robbed me of my money, and I told the watchman, says I, I am robbed, will you be so good as go with me to take these people, he said, he could not take them without a warrant.

Jury. What watchman was that? - By Rotten-row, the prisoner Henry held me down while she took the money out of my pocket, they flung my cloak after me.

Jury. How came you to travel with so much money in your pocket, at that time of night, in that situation? - I had received it from the ironmonger's company, I receive it once a year, to buy me a few necessaries, my husband has been free of the company, and he has been dead four years.

SARAH TOFT sworn.

I am thirteen years of age.

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

You know you speak under the danger of being punished, here, and hereafter, if you speak false? - Yes; I live opposite to the prisoners, I saw the prisoner, Sarah Ash , drag this Mrs. Jones up the steps by the arm, and shut the door immediately; I stood at the door, this was half after nine, I had just come home from an evening school.

Court. Whose house was it? - They are all lodgers, I did not see the man there.

THOMAS HALL sworn.

I live opposite the prisoner's, I went to bed about ten o'clock, and five minutes after I heard the cry of murder, this was on Thursday, the 26th of June, the prisoners were continually drunk.

PRISONER HENRY ASH'S DEFENCE.

My wife and I had two days work, and we went as far as Fish-street-hill, this old gentlewoman was in liquor, fuddled, and two or three boys were pelting her with mud, she was flinging halfpence in the kennel, she caught hold of my wife and said, damn you you bitch, come along with me and I will give you a pot of beer, in came a couple of ballad fingers, and she bid them sing a song, and she gave them some drams; I an sixty-seven years of age.

Jury to Toft. Had the woman any appearance of being drunk at the time? - No, Sir, she was not drunk or dirty, she was as clean every bit as she is now.

HENRY ASH , GUILTY of stealing only .

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

SARAH ASH , NOT GUILTY .

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

Reference Number: t17830723-95

566. SAMUEL GOODWIN , and RICHARD BARTLET were indicted for feloniously stealing, on the 8th day of July last, one hundred pounds weight of hay, value 2 s. the goods of William Newman , John Newman , and Henry Newman .

WILLIAM NEWMAN sworn.

I live on Snow-hill, I am a courier , in partnership with my sons, John and Henry Newman , in the course of my business, I have occasion to use six horses, my stables are some distance from my dwelling, in consequence of an information, I heard I had been robbed, I set a boy to watch on the first of June, and on the 8th I set a constable to watch, the hay I lost was our joint property.

SAMUEL ROBERTS sworn.

On the 7th of June, on the Saturday night Mr. Newman's son ordered me to watch at the stables, and in the morning about nine, I came round to the gate, and the prisoner Goodwin came out, with a large quantity of hay on his back, from Mr. Newman's gate-way, that leads down to the stables, I stopped him, and asked him, where he was going with that hay, he said, he was going home, he said, a man at the stables gave it him, he threw down the hay and went with me, going along he told me, he had bought it of the other prisoner Bartlet, Mr. Newman then gave charge of him to me, and I took him to the Compter, Bartlet was at the stables, and I took charge of him also, I think he was outside the door, he had nothing with him.

JOHN SPITTLE sworn.

I am fourteen the 11th of next month; on the 1st of June last, I saw the prisoner Bartlet throw some hay out of the hay loft at past ten o'clock in the morning, it was on a Sunday, I followed him, the other prisoner staid in the prosecutor's yard, I have frequently seen hay taken out of the yard, but my master had no suspicion till the 1st of June, I have seen the prisoner Bartlet take it at different times before that, but never after.

Did you know either of these men before by sight, are you sure they were the men that you saw there? - Yes.

WILLIAM PIKE sworn.

I saw Goodwin drop a bundle down, on the 8th of June, I saw him take it out of the yard, I went and told Mr. Roberts, and he took him, Bartlet was then in the yard, doing Mr. Newman's horses, he was a carman.

PRISONER GOODWIN'S DEFENCE.

I was going out with the cart, and a man asked me to buy a little lot of hay, I said, I had no where to put it, and this young fellow told me, I might put it down his yard, and he told me to call for it on Sunday morning.

PRISONER BARTLET'S DEFENCE.

I was coming up the gate, and a country

farmer asked me to put this hay down the yard.

The Prisoner Bartlet called two witnesses who gave him a good character.

The Prisoner Goodwin called four witnesses who gave him a good character.

SAMUEL GOODWIN , RICHARD BARTLET ,

GUILTY .

To be each whipped one hundred yards and discharged.

Tried by the London Jury before Mr. Justice BULLER.

Reference Number: t17830723-96

567. ELIZABETH NEEDHAM was indicted for feloniously stealing, on the 24th of July last, twenty-seven yards of muslin, value 10 l. the property of Thomas Jeremy , privily in his shop .

GEORGE PERCIVAL sworn.

I live with Mr. Jeremy, he is a linen-draper ; on the 24th of July, about seven o'clock in the evening, the prisoner at the bar, with a child, came to our shop, she had got a little piece of muslin in her hand, which she desired I would match for her, I shewed her the nearest we had, and she bought a little bit of it, she bought likewise some other things, during the time she was buying the articles, she behaved, as I thought, very suspiciously, getting up several times, and then sitting down, and then moving the child about, the last time she rather alarmed me, she had her apron and her cloak all round the child, and a greater bundle than the child could make, I saw her take nothing, I followed her, determining to search her, I brought her back and searched her, and found these two pieces of muslin under the child in her apron.

(The muslin prodeced and deposed to by the shop mark.)

Court. Can you swear that these were in the house at the time the prisoner was there? - Yes, my Lord, the muslin I opened to shew her, which she wanted to match, was of the same kind.

PRISONER's DEFENCE.

Sir, I had no cloak, nor the gentleman never searched me, for I gave it him out of my hand; he said, young woman, you have a bit of lawn, and I said, have I, and I gave it him directly, my husband is a journeyman butcher, in Oxford-market, and has six shillings a week.

GUILTY .

To the value of 4 s. 10 d.

Court to Prisoner. The offence of which you have been found guilty, is, by the mercy of the Jury, reduced to what is called single felony, that is, it does not effect your life, but if they had gone to the extent that the evidences have proved, and that the law have impowered them to go, they might have affected your life; your prosecutor likewise has intimated a wish, that you should not undergo the extent of the law to its severity, and it is not desired that you should be transported for seven years: In hopes therefore, that the mercy of the Court and Jury will not be thrown away on you, the Court think it proper, that you should be sent to the house of correction for six months , and then discharged: As your husband does not appear, and you have a child in your arms, the Court do this out of humanity; as you and your child will there be taken care of.

Prisoner. My child is almost starved already.

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

Reference Number: t17830723-97

568. JOHN ABEL was indicted for feloniously stealing, on the 3d day of June last, one linen sheet, value 2 s. the property of William Mason , being in a certain lodging room in his dwelling house, let by contract by him to the said John Abel , to be used with the aforesaid lodging .

NOT GUILTY .

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

Reference Number: t17830723-98

569. ROBERT MITCHELL was indicted for burglariously breaking and entering the dwelling house of William Litchfield , on the 9th of July , about one o'clock in the night, with intent the goods then and there being, feloniously, and burglariously to steal .

SIMON SHEPHERD sworn.

I lodge and board with Mr. Litchfield, the house was broke open at half past one o'clock, and this prisoner came up to my apartment, the latch was down but it was not bolted, and he strangled me while I was in bed, I have known him from a child, I cryed out murder.

What do you mean by strangling? - He put his two thumbs here and strangled me, I was awake when he came in.

Jury. How was you capable of calling out, when he fastened upon you in that manner? - I cried out as long as I was able, and the people came to assist me.

Does this boy, the prisoner, lodge in the house? - No.

Where does he lodge? - At his mother's.

How did he come into the house? - He came in our back yard, and then he came up the ladder, I heard him come up the steps, the back door was open.

Whose business is it to shut the door of nights? - We forgot to shut the door.

Court. You have told me that the boy came in at the back door? - I heard him and two men talking in the back yard, and he came up in a quarter of an hour afterwards, the back door was not bolted, it was open.

How do you know the back door was open, you was not the last man that was in bed? - There was no fastening to the back door.

PRISONER's DEFENCE.

I had been at night work, I was not there indeed.

Court to Jury. He says, there was no fastening to the back door, and if so, then there is an end of the indictment, for there must be an actual breaking of an outward door, either to get in or to get out.

NOT GUILTY .

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

Reference Number: t17830723-99

569. ROBERT LYON was indicted for feloniously assaulting Ann Adams , widow , on the King's highway, on the 12th of July last, and putting her in fear and danger of her life, and taking from her person and against her will, one piece of black silk, containing sixteen yards, value 4 l. her goods .

ANN ADAMS sworn.

I live in Bury-street, St. James's, I was robbed on the 12th of July, in King's-street, Covent-garden , between nine and ten o'clock at night, of a piece of black silk, about sixteen yards, I went to fetch it to make up, I am a mantua maker, I fetched it from Cow-lane, I had it under my arm, the prisoner came behind and snatched it away, he run by me, down Bedford-street, I called out Stop thief! and a man run after him, and caught him.

JOHN BRAND sworn.

I was in Bedford-street, at the time of this robbery, and I heard the woman cry Stop thief! and she came nigh me and said, for the love of God stop thief, and the man walked past me, and I walked after him about twenty yards, and he wanted to cross over, and I caught hold of him with my right hand on his collar, and I accused him with stealing the woman's silk, he denyed it and said, he had not, when he had so said, I shook him, and it dropped under his feet, it dropped from his breast, from underneath his coat, I called to the woman, and she came up and claimed her property, I took him to the watch-house, the watch were not set, and he was committed.

Have you kept the silk ever since? - It was sealed up at both ends and left at the watch-house, I have a bit of it in my pocket.

(The silk deposed to.)

PRISONER's DEFENCE.

I had been at King-street, Seven-dials, and was coming along about half after ten, and when I was about half way down the street, I heard the alarm of Stop thief! and directly a man run past me, and threw a bundle down close by me, then I stood, and they took me; I am told, that several of the runners has told this man to swear against me, on purpose to get a share of the forty pounds reward.

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

Court to Jury. Gentlemen of the Jury, this prisoner is indicted for a highway robbery, which is a taking from the person of another, by force and violence, and either putting in fear, or using such violence, as might impose fear on a reasonable man; in this case, there was no previous force, no threat used by the prisoner, nor any fear on the mind of the person that was robbed, therefore at all events, I think you must acquit the prisoner of that part of the indictment, but there remains another part of the case, which you will take into your consideration, for though he should not be convicted of the whole offence of which he is charged, yet he may be convicted of the larceny; now larceny is taking goods any way, with intent to steal, and there does not seem to be any room for doubt, but this bundle was snatched away from the prosecutor, by the prisoner.

GUILTY. Of single felony only, not of putting the person in fear .

Transported for seven years .

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

Reference Number: t17830723-100

570. CHARLES SIZE was indicted for feloniously stealing, on the 9th day of July last, one hand saw, value 3 s. one double iron smoothing plane, value 2 s. one time piece, value 5 s. one iron bracket, value 1 s. one chissel, value 2 s. the property of John Wingate , and one tenant saw, value 6 d. the property of John Mathers .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17830723-101

571. ELIZABETH PEARCE was indicted for feloniously stealing, on the 24th day of July last, one pair of nankeen breeches, value 2 s. and four pieces of gold coin of this realm, called guineas, value 4 l. 4 s. and 10 s. in monies numbered, the property of Thomas Lane , in the dwelling house of Luke Murphy .

NOT GUILTY .

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

Reference Number: t17830723-102

572. PETER SAMPSON was indicted, (with John and Benjamin Fentum ) for feloniously assaulting William Harbige , on the 17th of May last, on the King's highway, and putting him in fear and danger of his life, and taking from his person, and against his will, one linen handkerchief, value 10 d. the property of the said William .

There being no evidence but an accomplice, the Prisoner was ACQUITTED .

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

573. The said PETER SAMPSON was again indicted, (with John and Benjamin Fentum ) for feloniously assaulting Edward Cooper on the King's highway, on the 17th day of May last, and putting him in fear and danger of his life, and taking from his person, and against his will, two hats, value 10 s. one silver stock buckle, value 2 s. one linen handkerchief, value 6 d, one pair of metal buckles, value 1 s. one printed book, value 6 d. two half crowns

value 5 s. and two shillings in monies numbered, the property of the said Edward .

There being no evidence but an accomplice, the prisoner was ACQUITTED .

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

Reference Number: t17830723-103

574. SARAH JACOBS was indicted for feloniously stealing, on the 11th day of June last, ten pieces of gold coin of this realm, called guineas, value 10 l. 10 s. and one piece of gold coin of this realm, called a half guinea, value 10 s. 6 d. the property of Sarah Solomons .

SARAH SOLOMONS sworn.

I live in Houndsditch, I am a single-woman ; last Friday fortnight, I was sent out for some oil, and my mistress the prisoner Sarah Jacobs gave me a shilling, and the man said, it was a bad shilling, I came back and told her, and she used me most violently, and said, I changed the shilling myself, I had ten guineas and an half in my pocket, and she tore my pocket off from my side, and when I came to examine it afterwards, there was nothing in it.

Court. Are you sure there was ten guineas and a half in your pocket? - Yes, the money was paid me by Mr. Lindo, I put it that very day, into my pocket, to buy some things.

Where did you generally keep it? - In my chest, I put it in my pocket that morning when I got up.

After your mistress had taken up your pocket what became of it? - It remained on the dresser, she pulled every thing out of my pocket to search it, but I had no suspicion that she would take my money.

Was anybody else in the kitchen? - Nobody at all when I came into the kitchen.

Have you ever seen your money since? - No, I should be very glad if I had.

What people are there in the house besides you and your mistress? - There was nobody in the house but my mistress and me.

How long was it before you got your pocket again? - About an hour.

When you got your pocket again did you look into it to see whether every thing was it that was in before? - I did not till I went to bed, and then I found my money was gone.

What time did you miss it? - About eleven at night.

Where had you been between seven and eleven? - I went to the alehouse next door, I was gone about two minutes.

Was there many people in the alehouse? - I did not look.

Was it not possible your pocket might be picked whilst you were out? - There was nobody near me, my mistress wanted a receipt for my wages, I said I should not give it till I had my money which was in my pocket when she tore it off.

Prisoner's Council. What wages had you at Mr. Jacobs's? - Eight Guineas a year.

You are the only servant? - Yes.

Did not you go to Mrs. Solomons and say you must sell an apron to Mrs. Brooks? - I never sold it through necessity, I did not like it.

What did you sell it for? - Seven shillings.

Did you know Mr. Cohen? - Yes.

How long did you live there? - Six days.

When you was there did you complain of being robbed? - I never did.

Did you see Mrs. Duffield the day you lost your money? - I do not know Mrs. Duffield.

I mean the woman that put her hand in your pocket to take out six pence to pay for mending your shoes? - She never did put her hand in my pocket, I gave her my box.

Do you know Mrs. Tilby, did you tell her you had lost your money? - I told her the very night I had lost it, I mean I told her the next day in the morning.

Was there any body else in the house? - Nobody else, but I was not down stairs; they was only there to sup, the man was a nephew of my master's, they came at eight o'clock, and went about an hour after

this dispute happened, my master and his nephew went to synagogue.

ISAIAH ISRAEL sworn.

What business are you? - An old clothes man.

Did the prosecutrix make an application to you to make the matter up with her mistress? - She said on Saturday night she had lost her money, that she had a quarrel with her mistress about a bad shilling, and her mistress would examine her pocket, and she said she missed ten guineas and an half; I asked how she lost it, she said she could not say, and the day before she took the indictment out, she said if her mistress would give her a guinea she would not proceed.

Court. Was any body present at this time? - Yes, the man that called me in.

Is he here? - I do not know.

How long have you been acquainted with this young woman? - Not till this time, her master is a merchant upon Change.

LAZARUS LEVI sworn.

Was you at Mr. Jacobs's house at the time of the dispute about the bad shilling? - Yes, when she came back she said her mistress had given her a bad shilling, her mistress was angry and in a passion about the bad shilling.

Prisoner's Council. When you went out of the house, who did you leave in the house? - Nobody but Mrs. Jacobs and the child.

Did you meet Mr. Spiers? - I cannot say, I cannot say whether Mr. Jacobs or the child went down to light the candle.

You did not go into the kitchen? - No.

Mrs. SPIERS sworn.

At what o'clock did you come into Mrs. Jacobs's house? - About half after seven.

Was Mrs. Moses there? - I did not see her, I did not hear the words about the money.

Mrs. BROOKES sworn.

Did the prosecutrix apply to you to purchase an apron? - She sent another woman, I was to give her six shillings for it, she said she wanted money or she would not sell it.

Mrs. SOLOMONS sworn.

About three weeks or a month before she went to live with Mrs. Jacobs, she came to my house and said she could not get a place, I said you have not got a character, she said she would give me half a crown to get her a character, and if she could not get a place she must be obliged to pawn her cloaths.

- COHEN sworn.

Do you know this young woman? - She lived with me in April about six weeks.

When she went away did she accuse your children of any thing? - She said she saw my elder daughter and second spend a great deal of money, and she never saw her mistress give them any.

What is her general character? - I cannot say what her general character is.

Mrs. DUFFIELD sworn.

I keep a publick house, the prosecutrix said on this Friday night, put your hand in my pocket, and you will find a little sixpence in a box, and I saw her afterwards and she said her mistress challenged her with a bad shilling, and she said God knew her heart and she had but that six pence in the world, it was just as the Sabbath began that she bid me take six pence out of her pocket, it was in a halfpenny Christmas box.

WILLIAM MURR sworn.

Do you know Mr. Jacobs? - Yes.

What is he? - A merchant and broker.

Are they people of property? - Yes, if they wanted ten thousand pounds I should not be afraid to trust them.

- GOLDSMID sworn.

Do you know Mr. and Mrs. Jacobs? - Yes.

Are they people of property? - Yes, I dare say they are worth ten thousand pounds.

HENRY GOODMAN sworn.

I have known Mrs. Jacobs fifteen years, she is a very humane person, Mr. Jacobs is an independent man of great property.

BENJAMIN GOLDSMITH sworn.

I have dealt with him for several thousand pounds, I have always heard he bore a very good character.

NOT GUILTY .

Tried by the second Middlex Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-104

575. WILLIAM SMITH was indicted for feloniously stealing, on the 26th day of June last, one gold watch , the property of - Casalon :

And JOSEPH BOWLAS was indicted for feloniously receiving the same knowing it to be stolen .

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-105

576. GEORGE LEGG was indicted for feloniously stealing, on the second day of July last, one sow pig, value 25 s. the property of Robert Hall .

GUILTY .

To be privately whipped and discharged.

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

Reference Number: t17830723-106

577. RICHARD CANNON was indicted for feloniously stealing, on the 4th day of July last, one cloth great coat, value 20 s. the property of William Randell .

GUILTY .

Whipped and imprisoned one month in Newgate .

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

Reference Number: t17830723-107

578. THOMAS BURGESS was indicted for feloniously stealing, on the 11th day of June last, one silver pint mug, value 40 s. the property of William Harrison .

GUILTY .

Fined 1 s. and confined to hard labour six months in the house of correction .

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

Reference Number: t17830723-108

579. WILLIAM SAUNDERS was indicted for feloniously stealing, on the 4th of July last, two plate coach glasses in frames, value 30 s. the property of the Right Honourable Lord Viscount Hereford .

NOT GUILTY .

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

Reference Number: t17830723-109

580. ROBERT DIXON and THOMAS BLAND were indicted for feloniously stealing, on the 5th day of July last, one gelding, value 10 l. the property of Tomlinson Parkinson .

TOMLINSON PARKINSON sworn.

I am a cowkeeper .

Did you at any time lose a horse? - I did.

When did you lose it? - The 5th of July, about four in the morning.

Did you give any directions concerning it that morning? - It is usual for me to ride out to fetch the cows every day, and come home again about five or six o'clock at night, and I met my servant and one of the prisoners, I asked him, what was become of the horse, and what was become of the cows, Dixon asked me, if this was my man, and I said, yes.

What passed between you and Dixon, and your servant? - I said, what is become of the horse, Dixon said, he knew nothing of it, my man said, another person rode the horse away, Dixon denied he had any knowledge of the horse or of Bland, when we came to Mr. Richards, he was not up, but one of the foremen said, I know Mr. Dixon very well, he keeps the black horse, in Gray's-inn-lane, I said, then he might go and I would send for him again, about ten o'clock we got a warrant for taking the horse, and beating the man, I related the whole circumstance to the Justice, we did not take him till the afternoon, he then told me where the horse was.

When Dixon came from the Justice's, what did he say then? - They said where the horse was, Bland acknowledged it, I did not see him till they were going to the Justice's.

Prisoner's Council. Did you charge any body else with this robbery? - There was another man in company.

Was there not a second warrant taken out against Bland for an assault? - By my servant.

Did not you ask one of these men to give you a guinea to make it up? - I said, if they would give me a guinea, I would make it up.

Council for Prosecution. When you told the Justice, did not you tell the whole story? - I did.

THOMAS DURAND sworn.

What are you? - I am a labouring man, I live with Mr. Parkinson.

Did you leave your master's horse at the door? - I put his bridle and saddle on him, and left him at the gate, I did not doubt but I should meet him with the cows, and as I was driving the cows, I saw a man riding the horse, he was trotting on a great pace.

Which way was he going? - Towards the church.

What passed? - I asked him where he got that horse, and how he came by it, he said, what is that to you, I said, I must have the horse, that it was my master's.

You had business to do, and asked for the horse? - If I had not, I should not have wanted him.

Why, then you did not think but the horse would be returned, did you think the man was riding away with the horse, with intention to steal it, and that it never would be returned? - I cannot say, I did not know what they meant.

Did Dixon beat you at the time? - He did.

What passed afterward? - They run after me several times, I said, I would not lose sight of them, and Bland took the horse, and rode him away out of my sight.

BOTH NOT GUILTY .

The Court granted the Prisoners a copy of the indictment.

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

Reference Number: t17830723-110

581. WILLIAM CRUMPTON and WILLIAM CASTLE were indicted for feloniously stealing, on the 4th day of July last, sixty pounds weight of lead, value 8 s. the property of Elizabeth Eastwick and affixed to a freehold .

BOTH NOT GUILTY .

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

Reference Number: t17830723-111

582. JOHN JONES was indicted for feloniously stealing, on the 20th of May last, three hundred and twenty pounds weight of tallow, value 30 s. the property of James Neave and Rawson Aislable .

NOT GUILTY .

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

Reference Number: t17830723-112

583. THOMAS DUGWELL was indicted for feloniously stealing, on the 14th day of July last, one printed book, bound in leather, value 2 s. the property of John Wright , and one other printed book, value 1 s. the property of John Garth .

RICHARD WEBB sworn.

I am sexton of St. Clement Danes , I saw the prisoner on the morning of the 14th of July last as I was opening the church door, I found him concealed, I took hold of his arm and asked him how he came there, he said he fell asleep and was locked in, I asked him what he had got in his pocket, he said nothing, I searched his pockets and found these books.

(The books produced.)

- GARTH sworn.

This is my book, I left it in a little cupboard I have in my pew in the church; these are my property.

PRISONER's DEFENCE.

I went to prayers on Sunday evening and I was locked in and could not get out, the books were in the pew where I was.

GUILTY .

Transported for seven years .

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

Reference Number: t17830723-113

584. WILLIAM COLLEY , JAMES GOUGH and WILLIAM HALFORD were indicted for feloniously stealing on the 17th of June last, one copper tea kettle, value 5 s. the property of Edward Hale ; and SARAH SHAW was indicted for feloniously receiving the same, knowing it to be stolen .

All four NOT GUILTY .

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

Reference Number: t17830723-114

585. SAMUEL OLTON was indicted for burglariously breaking and entering the dwelling house of Michael Williams , at the hour of two in the night, on the 15th of July last, and feloniously stealing therein fourteen pounds weight of beef, value 4 s. four pounds weight of bread, value 6 d. and ten cucumbers, value 5 d. the property of the said Michael.

MICHAEL WILLIAMS sworn.

I live at the Hyde in the parish of Kingsbury , I keep an eating-house, and sell butcher's meat ; my house was broke open last Wednesday was sen'night, about half past three in the morning, the window shutter was taken down, and the casement was undone, and half a quarry of glass was broke; I believe I shut the window myself, but I cannot be sure; I have six children, my daughter is about nineteen years of age, and has minded my house since my wife died.

Court. Did you look round your house before you went to bed that night? - I did.

Did you look at this window? - Not in particular any more than the others, I saw they were all fast, the window shutter was taken down without being broke some how or another, I cannot tell; it was fastened with a couple of forks, I suppose they shook them out; the window was fastened with a strong large hasp, that was not broke it was opened by half the quarry of the window being out; in the morning the casement was open; I lost a large piece of beef, and almost a quartern loaf, and a parcel of cucumbers; they were in a cupboard, where they are put every night in the back part of the house, a little room that parts two kitchens below.

Court. Were any of the locks inside the house broke open? - No.

You said just now this was about half after three, what induces you to fix the time? - I asked the first neighbour that came by in about five minutes after I discovered it; I had a dog in the house, and he waked me, and I jumped up and went to the window, and I saw that Gentleman run out of the house; I told him, I knew him, he had been at my house several times before.

Was there light enough at that time for you to see him? - Yes, it was quite light.

Where was you when you saw him first? - At my window, I saw him very plain, he was just slipped out of the window.

Court. Was he clear from the window, for if he was clear of the window, he might be standing by it; how do you know he slipped out of it? - He was slipping down when I saw him.

Court. Why the sun was up at that time? - I took him last Wednesday was sen'night.

Did you ever find your beef and your bread again? - It was picked up in a field about a hundred and fifty yards off by some persons here, and one cucumber I found in his shirt; the beef and loaf was not in a cloth, he had it in a cloth when I saw him run away.

Court. Are you sure the beef and the bread were with him? - He owned it to me, he would have given me any thing in the world.

Did you say any thing to him, to make him confess? - No, I cannot say I did, I said, I would bring him to Justice, he pretended to say there was another with him.

Did you tell him if he would confess himself guilty, he should not be prosecuted? - No.

PRISONER's DEFENCE.

I was never in the house, nor I did not touch the window, I have nobody to my character, I am quite in a strange place.

Court to Jury. Gentlemen of the Jury, the crime of burglary is breaking a house in the night time, it is an essential part of this offence, that it should be committed in the night time, now you find this fact was committed at half after three; so that as to the burglary, you must acquit him of that part of the charge.

GUILTY. Of stealing the goods, but not of burglariously breaking and entering the house .

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

586. SAMUEL OLTON was again indicted for feloniously stealing, on the 16th of July last, two linen handkerchiefs; value 2 s. and one clasp knife, value 2 d. and five copper halfpence, the goods of Joseph Emerton , privily from his person .

JOSEPH EMERTON sworn.

I am a baker , I live at Hendon, I lost two handkerchiefs last Wednesday morning was a week.

Who took them? - I do not know, I saw them an hour before I lost them at the King's-arms, at the Hyde ; one was round my neck, the other in my pocket; I fell asleep at the door of the King's-arms, on the top of the bench, I lost two handkerchiefs, five halfpence and a knife, it was a horn knife with a broken point; my two handkerchiefs were linen ones, they were never washed but once, I never saw them after; the prisoner owned that he saw somebody else take them; that is all I know of the matter, only finding the knife on him, I thought he must have the rest.

(The Knife produced.)

It was in his breeches pocket, he said, he could not say but he took the knife, but as for any thing else, he did not take it.

PRISONER's DEFENCE.

I never was nigh the man, I have no witnesses.

GUILTY. Of stealing the knife, but not privately from his person .

( Transported for seven years .)

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

Reference Number: t17830723-115

587. JOHN ALLEN was indicted for feloniously stealing, on the 31st of May last, one cloth coat with silver buttons, value 30 s. one pair of sattin breeches, value 10 s. one pair pair of thickset breeches with silver buttons, value 20 s. one linen pillow case, value 12 d. two pair of cotton stockings, value 12 d. one linen night-cap, value 12 d. the property of Samuel Hartley , Esq ; in his dwelling house .

SAMUEL HARTLEY , Esq; sworn.

I am a Merchant , I live in Bedford-square, and my country house, where the robbery was committed, is at Duncrost near Staines, in Middlesex ; I lost the things mentioned in the indictment, some time in the month of May, the prisoner was at my house painting for Mr. Saunders, who is my builder and painter ; I cannot swear to the pillow-case nor the night-cap, I did not miss them till May, and I suspected some of the workmen; I found the things at Mr. Willett's house, the Angel and Crown in Staines; they were in the pillowcase, marked S. H. a bundle which lay not at all concealed, in a room up stairs; but whether there was a bed in the room or not I do not know.

Jury. Had no other workmen access to the room in the public house? - I do not know.

JOHN STEVENS sworn.

I live at Staines, I had a warrant to take the prisoner, and I went to Mr. Willett's and I enquired for one John Allen the painter; he was not in the house, I desired to know where he lodged, the servant said, I have moved the clothes into another room, and she shewed me to this bundle, where all the things were; they have been all sealed up ever since; as soon as Mr. Hartley saw the pillow-case, he directly said, this is my mark; and I took custody of the things; I soon found the prisoner, and he was secured.

Prisoner's Council. When you was desired to go you went to the house of Mr. Willett, then you gave the alarm of course to the servants, in the first place that you wanted to search Willett's house, and you wanted to know which was Allen's lodgings; and the maid then told you which they were, and you went into the room that Allen had occupied, and you found nothing; the maid told you that she had removed the things out of Allen's room, for the sake of accommodating the guests, and they were openly exposed? - No, they were locked up.

The maid had locked them up? - Yes.

And she made no hesitation at all? - No.

JOHN WILLETT sworn.

You keep a publick house? - Yes, I know the prisoner by lodging at my house, at the time that Mr. Hartley and the constable came into my house, I know nothing of the bundle, the room that they found the bundle in was a room that a young fellow lodged in, he went to see his friends, and ordered my servant to lock that room up.

Did he work at Mr. Hartley's? - No, I have a number of lodgers.

Did any of them work at Mr. Hartley's? - I do not recollect at that time that there was any body worked at Mr. Hartley's house, there was some few days before.

How many might they be? - I do not know whether it was one, two, or three; I believe it is near half a mile off, the workmen in course frequented my house, and several of them lodged there at times, sometimes they spent their evenings at my house, I never saw the bundle with Allen, nor in the bed-chamber.

Prisoner's Council. Several people you say lodged there before the discovery took place? - Yes, but I cannot say to a few days.

How many rooms have you in the house? - It is a double bedded room that the prisoner lodged in.

ELIZABETH GOODGER sworn.

I am servant to Mr. Willett, and was at the time that John Allen lodged there, I know nothing of the bundle being brought into the house by Allen, I have seen the bundle in the room where he slept, in the two bedded room, nobody slept in that but himself.

Prisoner's Council. What, did not one man sleep there? - Workmen sometimes slept in that room.

You say you never saw Allen bring the things? - No.

He never gave you charge of these? - No.

Council for Prosecution. Do you recollect of telling Mr. Stevens when he came with a search warrant that that was Allen's bundle? - It was the bundle that I carried out of Mr. Allen's room.

Will you take upon yourself to say that that was Allen's bundle? - Only that I carried it out of Allen's room, I cannot say it was Allen's.

Did you ever tell Mr. Hartley that that was Allen's bundle? - I told him it was the bundle I carried out of that room.

I ask you did you say it? - I said no more than what I say now.

Did you ever say to Stevens that was Allen's bundle? - I said it was Allen's bundle that I carried out of his room, Mr. Hartley and Mr. Stevens were both together.

Court. Take care what you say, do not bring yourself into the hazard of swearing a falshood, I ask you, as it will rest upon your testimony, I ask you upon your oath, and apprizing you that there are two gentlemen here who were present; whether you never told Mr. Stevens and Mr. Hartley that this was Allen's bundle that you took out of Allen's room? - I told him that it was Allen's bundle, because I took it out of Allen's room.

Prisoner's Council. That is a necessary conclusion: How do you know it was Allen's bundle? - I did not know it was his, it was in the room where he slept.

Then you only informed him it was Allen's bundle, because it was in the room where Allen slept? - Yes.

And you have, upon the oath you have taken no better evidence that it was Allen's bundle than that? - No, I have not, and in that room there were two beds, and workmen frequently slept there that worked at Mr. Hartley's.

Court. I desire you will recollect yourself, did you never tell Mr. Stevens and Mr. Hartley that that was the bundle that Allen brought in? - I never did because I never saw it.

Court to Prosecutor. Have you no other evidence that Allen brought it into the house? - No, my Lord.

Mr. Hartley. I wish to be understood to the Court, that I am no more interested in this prosecution, than your Lordship or the whole Court; I do not wish any evidence to be adduced, that is not fair and legal, but I do really wish to take notice of an evidence that appears like that woman, and I cannot help saying, that the declaration was positive; and Stevens will say the same; it was natural for me to ask Willett, how came these goods here, Willett says, I cannot tell, and he grew refractory, I said then, I will take you before the magistrate, upon the maid seeing I collared Willett, she said, Sir, this is Allen's bundle, brought in by him.

Court. Your evidence will not establish the affirmative, if the woman takes upon herself to say positively, she did not say so; she says it at her peril.

Jury. I think, after Mr. Hartley has given his evidence, he has no right to reply.

Court. Mr. Hartley seems to conduct this prosecution with a good deal of candour, but his evidence will not establish the affirmative.

Prisoner's Council. I want to put the prisoner forth into the world again, with as good a character as he had before, and the Court and Jury will pardon me for the trouble I give them.

- SANDERS sworn.

From the time the prisoner had worked for me I have known nothing of him, but as an honest man, I always put confidence in him, and he always discharged his trust with fidelity.

NOT GUILTY .

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

Reference Number: t17830723-116

588. JOHN EDWARDS was indicted for burglariously and feloniously breaking and entering the dwelling house of John Rookes , on the 21st day of July last, about the hour of six in the afternoon, no person being therein, and feloniously stealing one white dimity bed gown, value 3 s. one worked muslin laced apron, value 5 s. one muslin laced handkerchief, value 2 s. and one linen handkerchief, value 6 d. the property of Mary Pallimore , widow , in the same dwelling house .

NOT GUILTY .

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

Reference Number: t17830723-117

589. JOHN THOMAS otherwise SPENCE was indicted for feloniously stealing, on the 10th of June last, two cloth jackets, value 2 s. one cotton jacket, value 6 d. one pair of velvet breeches, value 12 s. one man's hat, value 2 s. the property of Thomas Taylor ; one linen gown, value 3 s. one linen check apron, value 1 s. one callimanco petticoat, value 6 s. and one silk handkerchief, value 2 s. the property of Mary Summers , widow .

NOT GUILTY .

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

Reference Number: t17830723-118

590. WILLIAM FLETCHER and JOHN HOLLIS were indicted for feloniously stealing, on the 19th day of July last, three silver table spoons, value 30 s. three silver tea spoons, value 3 s. and 20 s. in monies numbered, the property of William Webb , in his dwelling house .

WILLIAM WEBB sworn.

I live at the Harlequin, in Drury-lane ; between five and six o'clock, on the 19th of July, in the morning, I missed the articles in the indictment, they were in the bar some time before; my wife fastened the bar about one o'clock, and when I came down about five, I found the bar door open, and the drawer where the spoons were, was wrenched open, there is the mark of the chissel now, this drawer was in the bar; the bar door was either entered by a pick-lock key or a false key; there were three table spoons and three tea spoons in the drawer; the till was taken entirely away

with its contents, but I cannot swear to them, I have said in the bill of indictment twenty shillings, I believe there might be thirty shillings, but I am positive to twenty shillings, it was all in half-pence and farthings; when I found I was robbed, and it came to be known in the neighbourhood, a man came and asked me, if I knew who were at my house, and these two men were particularly described to me, I said, if they were the men, one of them should have been the last man that should have robbed me, because he had no other friend in town but me, the two prisoners had both been at my house over night, one of them eat and drank with me, I paid for his washing and lodging, that was Hollis; I immediately went to Hollis's lodging, and I found him in bed, I called him up, I told him, I wanted him to take a walk with me, he immediately got up and let me into the room, I did not tell him of any suspicion, I opened an old box, says I, John, is this the place where you keep your treasure, there was nothing there, I looked in a drawer and about the bed, I said nothing to him, but in his lodgings I found nothing belonging to me.

Prisoner's Council. Did not he breakfast with you of a morning? - Yes.

Did not he breakfast with you that morning? - Yes, I brought Hollis home with me from his lodgings, and I told him, I wanted him to take a walk, I took him into the person's house, who is now my chief evidence, Fletcher came to the door voluntarily, he was not fetched by anybody to my knowledge.

HELEN WEBB sworn.

When I went to bed three silver table spoons and three tea spoons were in the drawer, I am very sure of that, the till I left likewise when I went to bed, with half-pence and farthings, I suppose there was to the value of thirty shillings or more, but it was set down twenty shillings, I am sure to twenty shillings, I do not know by whom these things were taken away, the bar door was locked, it is an inclosed bar, the window pulls down, and that is bolted with inside, and the door is locked withoutside.

How late did the prisoners stay with you, the evening before? - I believe it was ten o'clock, or some where thereabout, that Fletcher went away, I cannot say to a few minutes under or over, Hollis went away about eleven I believe.

SUSANNAH STEVENS sworn.

I am servant to the prosecutor, all I know is, I saw Mr. Hollis at our street door, on Friday night.

MARY BOYCE sworn.

I live in Drury-lane, at the Barley-mow, opposite the prosecutor a few doors, I saw nothing go forward at their house on Friday night; on the next morning, Saturday, the 19th of July, at four o'clock, I was looking out of my window, and I saw the two prisoners come from out of Mr. Webb's, Hollis came out first, I had frequently seen the prisoners pass backwards and forwards before, and one of them I have seen carry beer for Mr. Webb, the young man in light coloured clothes, which is Hollis, came out first, and next came the young man in grey clothes, with a little box under his arm, covered over with a napkin or a cloth, they were both together as near as they could, one after another, there was one door between Mr. Webb's and the corner, and as he turned the corner, the wind blew, and I saw part of the box, I at first thought it was a little coffin but I thought it was too small, it was a little wooden box, I am not mistaken in the prisoners, I am perfectly sure as to their persons, it was four o'clock and very light, they left the door upon the jar when they came out, and did not shut it close.

Prisoner Fletcher's Council. How came you to be up so early? - We are open at three o'clock every morning.

Which way did they turn? - They turned through vinegar yard, that is before they came to our house, they turned and smiled one at the other.

Jury. What distance is Vinegar-yard from your house? - Some little distance, there is an apothecary one door, and a broker the other, there is only one door between Vinegar-yard and Mr. Webb's.

Is Vinegar-yard between you and Mr. Webb's? - It is the same side that Mr. Webb's is on, but nearer us.

Could you distinguish the persons that came out of Mr. Webb's? - Yes, I did, and as they came nearer I could more easily distinguish them.

What window was you looking out of? - The tap-room window.

You never came out at all? - No.

Do you know Buck? - Yes.

Did you see him go out that morning? - No, I have seen him go out many times, but I did not see him go out that morning, he goes earlier than that, I had been but a quarter of an hour at the window.

What makes you so punctual as to time? - Because the printers were just going away, and I looked at the clock and said, Gentlemen, you are going very early this morning, I hope you will not get fuddled to day, they came in for some refreshment, they print the Morning Post, and the Morning Herald, I have kept my house nineteen years, the printers quitted my house about half past three, it was four when I went to the window.

How many people went by that morning? - There was not many on that side of the way Mr. Webb's was on.

PRISONER FLETCHER'S DEFENCE.

I am innocent of it, I came from my lodging about half after eight o'clock as usual, and went to have my breakfast, I saw the house was in confusion, and the prosecutor's wife asked me to walk into the parlour, I went in, and they directly chastised me with being guilty of the robbery; I consented to any thing, I was taken up and searched, they asked me where my lodging was, and took the key of my box, and found nothing.

Prosecutor. None of the property was found.

PRISONER HOLLIS's DEFENCE.

I am innocent as a child that is unborn, the house I left nigh about eleven o'clock, I went to my lodging and went to bed, till the prosecutor fetched me out, it is a house that I always made my home ever since I knew London, the prosecutor has known me from a child, and my father and mother before me.

For the prisoner Fletcher.

SUSANNAH ELLIS sworn.

I am servant to Mr. Nelson, he is a piece broker and silk mercer, he keeps the Indian Queen, in Holywell-street, this young man, Fletcher, lodged at my master's, he came home on a Friday, the 18th of July, about half past ten o'clock, that was the day before he was taken up, I gave him a candle, and I went up stairs with him, and turned down his bed, he sat down in a chair and pulled off his shoes, and I went away, and when I went to bed about twelve o'clock, I heard him snoring in bed, fast asleep, the nurse fastened the street door, and the key of it was hung up in the kitchen among some more keys, with a hat over it, he never was in our kitchen.

DOROTHY BARKER sworn.

I am nurse to Mrs. Nelson, she now lays in; about half after ten o'clock, the prisoner Fletcher came in and I fastened the door, the key the maid put upon a nail that is in the kitchen, we never double lock it.

Jury. Could any person withinside open that lock without the key? - They might, it was fastened likewise with three bolts, a bar and a chain; I was up the whole night with my mistress, in the dining room, at four o'clock I went down stairs, into the cellar, the chain was up, and the bar was up, and the door was as fast as I made it at twelve o'clock at night.

If anybody had gone out, must you have heard them? - Certainly Sir, nobody could possibly have gone out, our door makes such a noise, it is impossible.

What distance is this house of yours from Mr. Webb's? - About a quarter of a mile.

Jury. You say the bar was up at four o'clock in the morning? - It was a very rainy morning, he could not possibly come down without my hearing him.

ROBERT NELSON sworn.

I am master of this house, I opened the shop that morning about seven o'clock, I found the door with a spring lock on it, which has always a heavy bar which goes across, a large chain, and three bolts besides, which I took off with my own hands, one small sliding bolt at the top, another at the foot, and another that went into the floor, I defy any one to open the door; it has been a quarter of an hour before it has been undone, no one can open it without being heard, not when there is a person up, it is impossible, I had four lodgers that night in the house, one of them is here.

Did you see Fletcher that morning? - He parted with me at half past eight o'clock, he came down stairs.

Court to Prosecutor. What time did Fletcher come to your house? - Between eight and nine o'clock.

Court to Nelson. What is Fletcher's general character as to honesty? - He was a stranger in town when he came to me, he was but three weeks and one day when he was taken up, I neve r knew him out but one night, and then he was not out till twelve o'clock.

JAMES CANNON sworn.

I lodge in Mr. Nelson's house, I was the last person that came in about half after eleven or near twelve o'clock, I saw the door locked and bolted, I always do, the nurse always bolts it in the manner as has been described.

Prisoner Fletcher's Council. My Lord, I have a croud of witnesses to the character of Fletcher.

- GRIFFITHS sworn.

I am a baker, I live at Mr. Harris's, Drury-lane, I have known Fletcher ever since he was able to walk to school, he had a very good character, he served his time with a first cousin, just by me.

Jury. My Lord, we do not see any necessity to trouble any more witnesses to his character.

Court to Prosecutor. Did you conceive him to be an honest man and a man of character? - I did.

WILLIAM FLETCHER , JOHN HOLLIS ,

NOT GUILTY .

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

Reference Number: t17830723-119

591. RICHARD BIGGS was indicted for feloniously stealing, on the 23d day of June last, one hempen sack, value 12 d. the property of John Milward , and four bushels of malt, value 20 s. the property of Samuel Davy Liptrap , John Milward , and William Cotterill .

WILLIAM COTTERILL sworn.

I am a malt distiller , I live the back of Mile-end-road ;-on Monday the 23d of June, about six o'clock in the morning, a servant of mine, whose name is George Crow , informed me, a sack of malt was missing; we were just going to brew; I never missed my property till he told me; I found the sack of malt, covered with dung, in my cart, and I left my clerk to take care of it, while I went to brew, the prisoner was a servant and horse-keeper , in the house, the other man run away, I saw the sack with the malt in it, we make an allowance to Mr. Milward for the use of the sacks, and this sack was his private property.

Prisoner. My master cannot give me a bad character, if he speaks the truth, there was never a week came over my head but what Mr. Liptrap gave me a shilling more, above my wages.

Court to Prosecutor. What character had the prisoner? - A very honest, industrious man, no suspicion of him at all.

GEORGE CROW sworn.

I saw Richard Biggs and Thomas Grant (he was the carter) take a sack and lay it in the arse of the cart, and cover it with dung.

Court. Who was the person that took it? - One laid hold of one end of the sack, and the other of the other, I am sure of that.

You are sure it was not the other man alone that took and put it into the cart? - I am sure one took hold of one end and the other of the other.

Be careful? - I am very careful.

Was that your master's malt? - Yes.

When it was taken out of the dunghill had it contracted any dirt? - I did not observe.

Did it seem as if it had laid on the dunghill some time? - No.

Prisoner. Can the last witness give me a bad character?

Court. How long have you known the prisoner? - A year and an half.

Has his character been good? - Very good all that ever I heard, I never hear any hurt of it.

Where is the carter? - He has run away.

Is this man married, and has he a family? - No, he is single.

Prisoner. I stopped three days at the place I worked after that.

Court. Did this man ever attempt to make his escape? - No.

WILLIAM RIDLEY sworn.

I am clerk to the company, I saw there was a sack of Mr. Milward's in the cart with my master's malt in it, I have known the prisoner a year last January, when he came to live with us.

What has his character been all that time? - I never knew any thing but well of him, and had a very good opinion of him, the other man went away that very morning, I charged this man on the Wednesday.

Court. How came you to let three or four days elapse before you apprehended this man? - He denied it.

Court. That was nothing, you could not expect any otherwise? - Because we wanted to catch and have them both together, Justice Staples persuaded me to have them both together.

Court. The way to have them both together would have been to take one first.

ROBERT SEABROOKE sworn.

I have a sack which I fetched in by my master's orders, I have known the prisoner a year and an half, he had a very good character for a young man.

Did he never attempt to abscond? - No.

Did not you consider the other as the principal thief, the other who put it into the cart? - Yes.

Court to Prosecutor. Would you ever have indicted this man if you could have apprehended the other? - We have been robbed so much that we should have indicted them both.

Court. It appears to me strange that you should not immediately take up this man and secure him, one mark of innocence is a man staying in the way? - We thought we were sure of taking the other because he was a housekeeper.

Court. But you was not sure of keeping this? - These men were both in one situation, I do not know that the other is the principal thief.

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

NOT GUILTY .

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

Reference Number: t17830723-120

591. JOHN MATHER and WILLIAM WARBOIS were indicted for feloniously assaulting Leonard Broderick on the King's highway on the 17th of June last, putting him in fear and danger of his life, and taking from his person and against his will 5 copper halfpence, value 2 1/2 d. his goods and monies .

LEONARD BRODERICK sworn.

I was robbed in the Five Fields, Chelsea , on the 17th of June last between twelve and

one in the morning, the two prisoners came past me, and bid me good morning, I did the same to them, and then Warbois turned about to my right hand and Mather to my left, and demanded my money, I told them I had but very little, and that they should have, only let me go quietly along, they searched my pockets, and I gave two pence halfpenny to Warbois, then I came to Edward Williams the watchman, and I asked him if he had no fire-arms, he said no; we went to Pimlico-gate, and met with his fellow watchman, and the patrol; and we parted, two to go the coach road, and two the road I had come, and to meet again in the road wherever it should happen, and when we met the other two men they had taken Mathers, and I said that was one of the men, and he was put in the watch-house at Chelsea that night. Mathers was examined the next morning, he told of Warbois and one Brearley that they were accomplices in robbing me.

Court. Did Mathers acknowledge that he had robbed you? - He did, it was in his examination.

Was any promise made to him to confess and tell who were his accomplices? - Not that I heard of.

What did he confess? - He confessed that he and Warbois robbed me.

Jury. Did they use any threats when they robbed you? - Not in the least, they gave me no ill treatment whatever, only demanded my money and riffled my pockets.

Court. What light was it? - It was not very dark or light.

Was it moon-light? - I cannot say it was, to my thinking it was light that I could discern both their faces very well; they were with me about three minutes, or three minutes and an half, I think might be the outside, and Mathers was taken in a quarter of an hour afterwards near to the very spot.

Court. Had you an opportunity of discerning Warbois's face so as to know him again? - Yes, I had a very great opportunity because he looked me right in the face, and I him.

Are you positive that Warbois was one of the men? - I am very positive that he was one of the men that took the money from me; Warbois was taken the same morning about eleven o'clock.

Are you sure that Mathers acknowledged the robbery? - Yes, it was taken in writing.

Court. Then that writing must be produced, or else you cannot give any evidence of it.

EDWARD WILLIAMS sworn.

I am the watchman, I went the different road, and they had caught Mathers before I came up, he was confined in the watch-house, the prosecutor saw him, and said directly that is the man.

GEORGE BURGISS sworn.

I was at the taking of this man, I saw three men lay on the bank side, one in a white coat, and two in red jackets, one of them said, damn your eyes I will blow your brains out, the man I hit run away; Mathers was the man that was taken, the prosecutor knew him immediately.

JAMES DANIEL sworn.

The prisoners were at Mr. Anderson's house that night about nine o'clock asking for lodgings; that is two miles off.

JOHN ATKINS sworn.

On the 17th of June, Mathers was on examination at Bow-street.

Was his examination taken in writing? - I do not know; Mr. Bond took it in writing in the occurrence book; there was no promises or threats; he said that the prisoner Warbois was out with him all the night before; upon my hearing that, I immediately went off with another man to serjeant Hill, to the Horse-guards, and Warbois was taken, and when he was taken, he said, is the other hobbled.

Court. Did Mathers say what they were about the night before? - I did not hear.

PRISONER WARBOIS'S DEFENCE.

I walked the street till two, and at six I went to serjeant Hill.

PRISONER MATHER'S DEFENCE.

I went from my quarters that evening, between six and nine, I went to Chelsea and stopped drinking a little.

Serjeant Hill gave both the prisoners a good character.

JOHN MATHERS , WILLIAM WARBOIS ,

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17830723-121

591. EDWARD RABSON was indicted for feloniously assaulting Alice Frizzle on the King's highway, on the 30th day of May last, and putting her in fear of her life, and taking from her person, and against her will, one pair of black stuff slippers, value 4 s. one pair of leather gloves, value 1 s. one linen handkerchief, value 1 s. and seven shillings and sixpence in monies numbered, her property .

ALICE FRIZZLE sworn.

I am a servant to Mr. Parks, in St. Bartholomew's-close, on the last day of May, I was going home, I asked Mr. Wotton, at whose house I had been to see me to Kingsland-road, and he did so, about a quarter past eleven o'clock at night; and we were attacked by two footpads near the Fox, they turned round upon me, they separated us immediately, and turned us back to back; him that robbed me was the prisoner at the bar, he was dressed in a dark brown coat; the other man attacked Mr. Wotton.

Were they armed? - Yes, the one had a pistol, the other a cutlass; when they met us they turned us round with an open cutlass, saying to Wotton, your money or your life: Mr. Wotton said, he had got nineteen shillings and gave it him, and he covered his eyes with his hat, I made a great alarm not to hurt Mr. Wotton, the prisoner told me not to make a noise, and I should not be hurt; he had a pistol in his hand, and he put it in a breast pocket in the lining of his coat, he did not present it when the prisoner first came up he said nothing. I had a pair of black slippers in my hand, which he took immediately, and the other things mentioned in the indictment; after he took these things he turned me round, and looked for my buckles, I had slippers on, and no buckles, he turned me round, and looked at my gown, and thinking it a gown of value, the other man was going to cut it off with a cutlass, only a cart came by which prevented him; the prisoner pushed me and bid me walk forward, if I looked back my life was at a stake, I looked back, I saw them pass over by the Fox, about one hundred yards from where we were robbed.

Jury. Was it light enough for you to see them? - Yes, a bright star-light night, I am clear that is the man; I did not see him after, till I saw him at Bow-street; I knew him immediately I saw him, and swore to him.

ZACHARIAH WOTTON sworn.

The last witness came to my house in Smithfield, I am a watch finisher; I offered to go home with her to Kingsland, she accepted the offer, we were walking arm in arm, and I saw two men walking before me, one taller than the other; I do not know the prisoner to be one; he is about the size of one of them, one of the men that attacked us had a cutlass, the last witness says, for God's sake do not hurt him, he has two small children at home; they bid us walk on, and if we turned about we should be dead people.

JAMES ALLEN sworn.

I am captain of one of the patrols in Bow-street; Mrs. Trizzle on the 20th of June, told me she had been robbed, she described the men to me, on the 21st of June two men were coming along the road, I thought they were suspicious, they ran away; I looked if there was any weapons were they jumped from, and I found this cutlass; the prisoner was one of the two men, I carried him to Bow-street, when Mrs. Frizzle attended and swore to the

prisoner, she selected the prisoner from three or four at the bar.

Prisoner. What expression did you use when you took me? - I said, I believe that you are the man that robbed the man and woman some time ago.

HUGH O'DONALD sworn.

I am one of the patrols, I assisted in taking the prisoner, she said at the public-house, that the prisoner, who was standing among many others was the man, there was five or six standing with him; she fixed her eye on him accidentally; she did not look for him; she came into the house in order to wait.

PRISONER's DEFENCE.

I am innocent of the affair, I was at another place at the time they say the robbery was committed, I have witnesses to prove it.

THOMAS CARD sworn.

I live at Edmonton, I am assistant at the school, I lodge and board there, I have known the prisoner for fourteen years and upwards; I keep a tradseman's books on the other side of the water; on the 30th day of May at ten o'clock, I left the other side the water, it was a Saturday night; I sleep in Windmill-court on Saturday nights, and go home to Edmonton on Sunday, coming along Cheapside at ten o'clock, at night I met the prisoner and we went to drink at the Horse Shoe, near St. Martin's-le-Grand, we drank two pots of beer before we parted, I was afraid of being locked out; we parted at eleven o'clock; he told me he lived with his aunt in Hoxton-market Place, I was as sober as I am now, I am positive to the time, it was past eleven o'clock when we parted, and I am positive of the day, because I have so much writing.

Prosecutrix. It was about twenty minutes after eleven o'clock when I was robbed.

MARGARET CLOUGH sworn.

I live at No. 8, Hoxton-market, the prisoner is my Nephew; I do not know what time he came home, the 31st of May, I have no clock; it might be one o'clok.

ANN SIMFIELD sworn.

I live in Hoxton-market, the prisoner lives with me; on the 31st of May, he came home about twelve o'clock as near as I can guess.

WILLIAM SIMFIELD sworn.

I am a sawyer I am a lodger; I always thought him a very honest man.

NOT GUILTY .

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

Reference Number: t17830723-122

593. WILLIAM LAW , otherwise called WILLIAM WRIGHT , was indicted for burglariously and feloniously breaking and entering the dwelling house of Henry Grace , on the 20th day of July last, about the hour of four in the night, and feloniously stealing therein, one pair of silver salts, value 18 s. one silver salt spoon, value 2 s. one silver tea pot, value 5 l. one pint silver mug, value 40 s. one half pint silver mug, value 20 s. one silver milk pot, value 10 s. one silver tea cannister, value 4 l. three large silver spoons, value 15 s. eighteen silver tea spoons, value 40 s. three silver butter boats, value 7 l. one silver sugar basket, value 20 s. three silver castors, value 40 s. the property of the said Henry Grace in the said dwelling house .

HENRY GRACE sworn.

On Sunday morning between four and five, I was alarmed with a noise in the house, got out of bed, and listened at my room door for a quarter of a minute; I looked down the stairs, and perceived a man below, I asked him what he did there, and two other men came from the bottom of the stairs, I called thieves, and in the space of a minute four men went out of the house, one of the men lifted his coat up, which

seemed to be blue; one of the men turned the left hand, and the other three turned the other way, and crossed towards the meeting house:

Court. What street do you live in? - In Aldermanbury Postern . They were in my sight about two or three minutes, I put my clothes on and came down stairs: I suppose they got in at a warehouse window, for it was open; it had been fastened the night before, and there was an appearance of a man's foot in the window sill: I lost the things mentioned in the indictment, several of which were found soon after: One of the men I saw soon after in the watch-house, but I could not swear to him.

THOMAS SUMMER sworn.

I saw the prisoner and another person pass me between four and five o'clock, in Moorfields; they were running before they came to me, and one of them dropt something like silver, and I saw the other pick it up and wrap it in the skirt of his coat.

Court. Which picked it up? - The other man that is not taken.

Court. Did you see what it was when they picked it up? - It looked like silver or metal; when I saw the man come by me with the plate in his coat, I told him he could not come honestly by it, at that time of the morning; then I cried, stop thief! they made no answer after they had past me about three or four steps, they were then close together, and one of them threw a butter boat out of his pocket, but they were so close together, that I could not observe with certainty which picked it up, and pursued after them; they turned into an alley, and I lost sight of them, and when I came to the end of the alley, I got sight of them again.

Court. How far was they from you then? - About ten or a dozen yards.

Court. Were they the same two men that ran into the alley? - There was no other near them, any thing like them; then I lost sight of them again; and another person took hold of the prisoner by the collar, the other got off; the prisoner was taken to the watch-house, and I left him.

Prisoner's Council. You never saw him before? - I never did.

You lost sight of him two or three times? - Yes.

When you lost sight of these two men, there were some people between you and the prisoner? - Yes.

When they passed they were running? - They were.

Court. Are you sure the prisoner is one of the men? - Yes.

How came you to go from the watch-house? - I went in pursuit of the others.

How did you know who that butter boat belonged to? - Because I heard it belonged to Mr. Grace.

Jury. What business are you? - A co rdwarner.

Was you up at that time of the morning to go to work? - I was going to the New-river.

- COOPER sworn.

I had just left the watch-house, and was having a halfpenny worth of saloop and somebody cried stop thief! and the prisoner and another was running I pursued him, when we came opposite Broker's-row we came up with them, and one of them (not the prisoner ) presented a pistol to me, and said, he would blow my brains out, and he dropt a silver pint mug, I picked it up, and pursued him down Long-alley; I cried, stop thief! and he was stopped.

Court. Are you sure he is the man, that was with the man that had the pistol? - I am certain of it.

Did you go with him to the watch-house? - Yes.

Did you see him searched? - He was searched at the watch-house.

Was any thing found upon him? - Eleven or twelve picklock keys.

Any thing else? - No.

Any plate? - No plate.

What became of the other man? - Whilst they were stopping the prisoner, he run by, when they had got him they pursued the other.

What made you think they were in company? - Because, when I endeavoured

to stop the prisoner, the other man said, he would blow my brains out.

Prisoner's Council. There were a great many people running together? - They were running by themselves.

You never saw the prisoner speak to the other man, nor throw any thing away? - I did not.

WILLIAM MILLER , the younger, sworn.

I was standing at Moor-fields, by my father's barrow, I heard some people cry, Stop thief! and so I run after them and stopped the men.

Court. When you heard the cry, did you see any body running? - Yes, Low.

When you first saw him, was he foremost? - He was.

Was any body else with him? - Cooper was with him.

Did you see anybody near him then? - Not to my knowledge.

Court. Was Cooper or you foremost? - I was the first man that laid hold of him, about twenty yards down Broker's-row, I held him till another man came up with a pistol, who said, damn your eyes, if you do not let this man go, I will blow your brains out directly.

Where was Cooper, when the man came up with the pistol? - He was close to him, he was standing by.

Court. Where did the man come from, that had the pistol? - He came the same way the other man did.

What became of him? - They run down Broker's-alley, and we pursued them, and called out Stop thieves!

Court. Did you see any of them drop any thing? - Yes, I saw the first man drop out of his pocket, a bit of silver, and Mr. Cooper picked it up.

Court. Who stopped the prisoner at last? - A little man that goes by the name of Peter, he said, he stopped him.

Prisoner's Council. What are you? - A cooper.

How came you to be out so soon? - I lend my father a hand.

Did these men have any conversation together? - Not as I know of.

Cooper lost sight of him, then how could you see him? - I was in pursuit of him all that time.

Jury. Did you ever see the prisoner before? - No.

WILLIAM MILLER , the elder, sworn.

My business is to sell saloop in Moorfields, I heard a cry of Stop thief! I cast my eyes about to see from whence it came, and I saw a man running, and another came close by me, and I said, my son, stop them.

Court. What time in the morning? - About four or five o'clock, the man said, it was was a joke, it was fun, but I would not be funned that way, he would have avoided the matter if they could, but I said, stop them right or wrong; Cooper and my son run about one hundred yards, before they took the prisoner, then they got him in possession; I must say the prisoner behaved very genteel.

Court. Where did your saloop barrow stand? - In what we call Middle Moorfields, at the extremity of Lower Moorfields, and just at the edge of Upper Moorfields, from which I could see into Moorfields, and down Brokers-row; after they got the prisoner in possession about a minute or two, I saw another man run past me, and he run up with a pistol, and rescued the prisoner out of their hands.

Court. Then they had stopped the prisoner before that other man passed you? - Yes.

Where was Cooper at that time? - With my son.

Prisoner's Council. Where do you sit friend, with your saloop? - It is facing Bedlam, between the two mad houses, but I bless God, I have got my senses yet, there are a many cribby islands and places thereabouts, where people that do dark actions, love to go into.

Court to young Miller. Where was you standing? - I was standing at the head of my father's barrow, my father said, I do

not believe that man is a good man, stop him, said he, right or wrong; he said to the prisoner, he believed he was a bad man, or he would not have run, the prisoner said, it is only a game they are making of me.

Court. How came you not to tell that at the first.

Prisoner. I fancy he has been instructed on the outside? - No, I have not been told.

Court to Door-keeper. Did any body come out and speak to this young man? - I remember one question was asked him, whether he thought the prisoner was guilty or no, there was nothing said to him in private.

CHARLES PORTER sworn.

As I was in Moorfields, on Sunday morning, getting some worms to go a fishing, I saw three men running on Finsbury-pavement, that man was one, and they crossed over and jumped over the rails down by the side, I saw them before they came to the saloop man.

Who was the foremost of the three men? - I cannot tell, the prisoner run along with him that had the plate, I saw one had the plate, he had it under his left arm, in the skirt of his coat, and a pistol in his hand.

How near was the prisoner to the man that had that in skirt of his coat? - Within about a couple of yards, the third man jumped over the quarter, he run right down the Middle Mall, and the two run down by Broker's-row, I saw nobody running after them.

Did you see the prisoner and the other man run by the saloop man? - Yes, the prisoner was first, the other was about a couple of yards behind him, they were very near one another.

Did you run after them? - Yes, as far as the bottom of the rails, I saw two men run after them from the saloop barrow, the two men caught hold of one of them, and the other came up and said something to him, and he loosed him, while I was jumping over the quarter.

Did you run again? - Yes, Sir.

What became of them afterwards? - They turned down Long-alley, and I saw them no more.

How long might it be, between the two men getting hold of them and the other man coming up? - About half a minute, they were rather afraid of the other man that was behind, that had the pistol in his hand, I saw the pistol.

Prisoner. Why did not he follow? - Because I picked up two pieces of plate, I saw a man drop them, it was not the prisoner, it was the man that had the pistol; one was a tea cannister, and the other was a butter boat, I carried them home to my master, and he delivered them up to Mr. Grace, before the Justice, I was present, they were the same that I picked up.

SAMUEL COOPER sworn.

I am a constable, in the liberty of Moorfields; about a quarter after four o'clock, the prisoner was brought to me, and I found on him some keys, and some were given me by the other people that had picked them up, and these two crows were found in Moorfields.

The butter boat produced by Freeman, who had it from Summer, and the tea cannister and mug also produced.

PRISONER's DEFENCE.

I have one word to say, that very mug, if it is the same, a man swore he collared me, and took that mug out of my pocket, and they turned the man out of the Justice's office.

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

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830723-123

594. WILLIAM GRIFFITHS and ANN GRIFFITHS (his wife) were indicted for feloniously assaulting Mary Brickett , on the King's highway, on the 22d of June last, putting her in fear and

danger of her life, and taking from her person and against her will, one pair of leather shoes value 10 d. and one pair of base metal shoe buckles, value 6 d. the property of the said Mary .

MARY BRICKETT sworn.

I live at Mr. Wardel's, No. 4, East-street; on the 27th of June last, I was sitting on Chelsea-common , and this man and woman came up to me, and damned my eyes, I perfectly recollect them, the woman came to me first, and blasted my eyes and limbs, and damned me for a bawdy whore, they were together, but the woman got to me rather first, she said, I should not stay, nor I should not go, I never spoke to her, nor never saw them in my life before, I begged of her not to use me ill, she took a shoe off my foot, and swore I should not have it again unless I gave her the price of a pot of beer, and I had not the money, I gave her two-pence, which was all the money I had, and a cap, the first time she took one shoe; then she gave it me again, and said, I was welcome to stay all night, and nobody would meddle with me, and I walked on further and sat down, the man was with her, but he did not meddle with me then, he came back to me in about five minutes, and damned me, and threatened to lay with me, and the woman swore he should, and the man pulled me down several times, and I got up again, and he pulled me down again, and laid upon me, and the woman pulled the shoes off my feet, and damned me, and swore he should have to do with me, the man offered to lay with me, and the woman pulled off my shoes and took them and a pair of yellow buckles, one of them was broken, then I called out murder! and the woman swore utter revenge against me, and swore she would make me suffer, and the gentleman that keeps Marlborough-gardens came to my assistance, then they let me go when they heard him speak.

Did they take your shoes and buckles away with them? - They were not found on the woman, one of the witnesses found them.

Court. Where do you live? - I live servant with Mr. Wardell.

What is he? - He is a carpenter by trade, and keeps a shop, I did not live with him, when this affair happened.

In what employ was you then? - I had been in London about six weeks, or rather more, I came from seven miles on this side of Northampton-town, I lived with Mr. Merchant, the milkman, and his wife and me disagreed, and I came away, and I had no friends in London, and I happened to be walking along that field, and intended to go back to Northampton.

Jury. Was you ever in that field before? - No.

Was nobody passing by? - No.

What time of the day was it? - It was between nine and ten at night, it was quite dusk.

Prisoner's Council. What business had you upon Chelsea-common at that time? - No business at all, I was a young girl, and came away from my place.

A great many other young girls at this time, on Chelsea-common? - I did not see them.

There was some talk about paying your footing, was not there? - I heard no such thing.

You had a bundle at this time? - Yes, I gave her the cap out of my bundle.

They did not meddle with your bundle? No, there was nothing in it worth any body's taking.

You do not keep company with men at all? - I never did in my life.

Was not you turned away from Mr. Merchant's service, by a soldier coming after you? - No, Sir.

Court. You have no right to go into any transaction of that kind, you cannot affect her character by any thing that comes out of her own mouth, you must call witnesses to her character.

Had you any character from Mr. Merchant? - He gave me a character for being honest and sober, I came there without a

character, I wish I had not, my shoes were never returned, the patrol came and I told them, and they searched the man and woman, and made the man get up, and the shoes were under him, and I owned my own shoes.

NICHOLAS GEORGE sworn.

I live at the Marlborough Gardens facing Chelsea Common, on the 27th of June, as I think, between eight and nine in the dusk of the evening, I was in a field of mine adjoining to my house, I heard a voice as I thought, either master or murder, being a little deaf, it seemed to be the voice of distress; I immediately ran to the voice, crossed the road and saw the girl, I got upon the gate and asked the girl what was the matter, and she said a man and woman had stolen her shoes off her feet, nobody was with the girl, as I was coming over the gate to come back, I saw two or three men coming into the field, and I called out to them, who are you, who are you? No answer was made, but in a few minutes after I saw a man having a cutlass catch hold of a woman, and she had something in her apron, and they were a pair of shoes, and I saw one of these men take a pair of shoes from the woman, I cannot swear it was the woman prisoner, the girl came and looked at them, but they were not her shoes, then a man came and said I have got the man and the shoes, and the girl then said these were her shoes and buckles, I cannot swear to the man prisoner.

Prisoner's Council. Had the girl a bundle or any thing of that kind when you came there? - Yes, she had a bundle.

JAMES MACMILLS sworn.

I am one of the patrol which belongs to Bow-street, on the 27th of June we were going that road, three of us went on the Chelsea Common , and three on the road, it was about a quarter before ten o'clock, and there was the prosecutrix and Mr. George was on the gate, and he wanted to go over, we met the girl in the field without her shoes, and she said she had been robbed of them, I went and searched the prisoner, and found the shoes under the backside of the man prisoner, I pulled him up twice, and he was not willing to rise.

(The shoes and buckles produced and deposed to.)

Prisoner's Council. Did the young woman then complain to you of violence? - She was crying, she said they had used her ill, she said he attempted to use her ill, but did not get his design, she said the man wanted to have to do with her, and the woman took her shoes off.

Prisoner's Council. I need not ask you if you know there is a reward in this case; what discourse have you had with the woman about the reward? - None at all that I know of.

You forget whether you had or no? - None.

Do you know where this woman lives? - I know the street but I cannot tell the name of it, I could find it.

Do you know the man's name that she lives with? - No.

What trade does the man follow? - I believe it is a shop.

What did you go to her lodging for? - To see whether she lived there or not.

THOMAS DAY sworn.

I belong to Bow-street, I was appointed by Sir Sampson Wright, when I came near a gate belonging to a field, I saw a man standing upon the gate almost, that was Mr. George, he said there was something of a very particular matter in the field, in about a quarter of a minute the woman came flurrying to try to get over without any shoes, I got over as fast as I could, and just by the side of a hay cock the man prisoner was setting, and the last witness says get up, get up, and he spoke to him two or three times, and then he pulled him up, and the shoes and buckles were under him, the prosecutrix had described them before, that one of the buckles

was cracked, I am sure of the prisoners, the girl had something in her apron.

PRISONER WILLIAM's DEFENCE.

I was coming from my work from the Gravel Pits, and we had partly done making hay, and our master gave us a drop of twopenny, and my wife was a little disguised in liquor, and we never saw the woman till the patrol brought her to us, and she told the Justice in Bow-street that she was laying with one of the train of artillery, we never saw her before they brought her, so help me God.

Court. Are they man and wife?

Prisoner's Council. They are charged so in the indictment.

Court. Then the woman must be acquitted.

THOMAS MERCHANT sworn.

I am a milkman, I live at Pimlico.

Do you know Mary Brickett the prosecutrix? - She lived servant to me pretty near two months.

Prisoner's Council. I ask you this general question, from you knowledge of her, do you believe she is a person that ought to be believed on her oath? - I do not think she is.

Court. What reasons have you for saying so? - While we was gone one time to see my wife's mother, she got a man into the house and locked the door, and a customer of mine came for some milk, and knocked at the door several times.

Do you know this of your own knowledge? - It was by her own acknowledgment in my own house, and coming down she was very much confused, she said she had been up stairs to shew the lodging to the gentleman, and she locked the door because she thought somebody might come in, but however we never saw any thing of it, and she offered her service to go home with a black to America, if he would take her.

The prisoners each called two witnesses who gave them a good character.

Jury to Prosecutrix. Who advised you to carry on this prosecution? - Nobody advised me, those gentlemen said they would see I was righted, I did not understand the business, nor I do not.

Before you went to the magistrate did you receive advice from any body to bring this indictment, and to lay it so as to affect those people's lives? - Sir, these gentlemen bid me say the truth, and I have said no more than the truth.

Did they give you any particular advice in regard to bringing this indictment? - They did not give me any particular advice, before the magistrate I was asked the questions the same as you have asked me, and I resolved them.

Who paid for the bill of indictment? - Mr. Day.

Court. Had you any money to pay the Council? - I had none.

WILLIAM GRIFFITHS ANN GRIFFITHS

NOT GUILTY .

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

Reference Number: t17830723-124

595. JAMES ROYDHOUSE was indicted for that he, on the 5th day of June last, unlawfully, knowingly, and designedly, did obtain of William Hill , six eight inch brass case locks, value forty shillings, the property of the said William .

GUILTY .

To be whipped and discharged.

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: o17830723-1

WILLIAM JACKSON and THOMAS RANDALL were then put to the bar (whose sentence was respited at a former sessions) when Mr. Recorder delivered the judgment of the Court on their case as follows:

William Jackson and Thomas Randall . - You were indicted for an offence of considerable enormity, and which, where it is legally charged and satisfactorily proved, is made a felony by act of parliament; it is a felony of a very bad kind, and is punishable by transportation, or otherwise at the discretion of the Court: You were indicted for that offence commonly known by the description of an assault with an intent to rob; and I recollect, that upon the evidence given in your case, there was no doubt left at all of the substantial part of the charge, and it was attended with such circumstances of aggravation, that if every circumstance of the prosecution and conviction had been conformable to the rules of law, a severe punishment would have certainly followed your conviction: But fortunately for you in this instance, if you make a proper use of it, the indictment has not been framed regularly according to the rules of law, for the act of parliament in describing the offence with which you are charged, says, that if any person shall with any offensive weapon or instrument, unlawfully and maliciously assault, or shall by menaces, or in and by any forcible and violent manner demand any money, goods, or

chattles, of or from any person with a felonious intent to rob; that is the description of the offence in the act of parliament, which requires that it should either be done with an offensive weapon, or that by menaces there should be a demand of money and goods: It is necessary in point of law that an indictment upon any particular act of parliament, should strictly follow the words of that act of parliament, and the court cannot supply from any other circumstances, a sufficient description of the offence; and the indictment against you charges, that you, with force and arms, in and upon one Andrew Gillespie , in the peace of God, and our Lord the King, then and there being unlawfully, feloniously, and maliciously, did make an assault, and him the said Andrew Gillespie , unlawfully and maliciously did menace, with then and there threatening to blow his brains out, with intent his monies from his person feloniously to steal, without stating that the assault was made with an offensive weapon, or that any demand was made of money or goods; the evidence was equal to the indictment; but the Court then doubted whether the indictment was good in point of law; the Court has since taken the case into their consideration, and it is the opinion of the Court that the indictment is not sufficient, and therefore no judgment ought to be given against you, however guilty: I hope the good fortune which has arisen merely from an accidental omission in the drawing of the indictment, will be made a proper use of by you, for you cannot be considered as fortunate in this escape, if you pursue a course of criminality, if you pursue a course that will bring you to a worse situation than if you had received the punishment due to this offence: I hope you will demean yourselves honestly in future; but at all events the Court is bound to discharge its duty according to law, and being of opinion, that by law no judgment should be passed upon you, the judgment therefore is arrested, and you are ordered to be discharged .

Reference Number: s17830723-1

The Trials being ended, the Court proceeded to give judgement as follows.

Received sentence of death. 13.

William Wynne Ryland , John Edwards , William Harper , James Rivers alias Davis, Thomas Burgess , William Smith alias Leveridge, Edward Edson, William Spong, George Gahagan , Jacob Ringrose Atkins , James Bowen , James Brow n alias Oatley, John Lloyd alias John Ferdinando Lloyd.

Transported for seven years to America. 24.

William Matthews , John Jones , Sarah Gilchrist , William Walker , William Newton , John Fisher , Baptiste La Roche , John Jones , Robert Lyon , Samuel Alton , William Beattie , Oliva Hart , John Savory , Thomas Dugwater , Martha Inglesent , Mary Andrews , Christopher Trusty , John Howard , Reuben Wright , Samuel Higby , Mary Graves , John Groves , Richard Stone , William Richardson .

Imprisoned for two months in Newgate. 1.

James Hatch .

Imprisoned one month in Newgate and whipped. 1.

Richard Cannon .

Imprisoned two months in the House of Correction. 1.

John Hay .

Imprisoned in the House of Correction for six months. 8.

Nathaniel Walkwood (whipped) Patrick Newland , (whipped) Thomas Burgess , Esther Whitehead , William Tomlin (whipped) Henry Ash , Elizabeth Needham , Jeffery Hossley (whipped.)

Whipped. 20.

Samuel Goodwin , Richard Bartlett , William Clarke , James Holloway , Sarah James , Owen Batley , Margaret Todd , William Dawson , Richard Stone , Joseph Oddy , Samuel Lartee , James Roydhouse , Richard Robins , Robert Haynes , George Norris , John Hague , Joseph Parniss , John Frederick , Thomas Rugg , and Thomas Denton .

Charles Peat being found at large after sentence of transportation passed on him, was sentenced to Nova Scotia for his life.

Reference Number: a17830723-1

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 Doubt s should arise, they shall be removed on Application to the Author without any additional Expence.

Reference Number: a17830723-2

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: a17830723-3

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: a17830723-4

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 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: a17830723-5

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: a17830723-6

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: a17830723-7

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.

Also, the Trial of LIEUTENANT COLONEL COCKBURNE, Price 3 s. published from Mr. Hodgson's Short Hand Notes.


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