Old Bailey Proceedings, 10th September 1783.
Reference Number: 17830910
Reference Number: f17830910-1

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 10th of SEPTEMBER, 1783, and the following Days;

Being the SEVENTH 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 VII. PART I.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

BEFORE the Right Honourable NATHANIEL NEWNHAM , Esq; LORD MAYOR of the City of London; The Hon. Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; The Hon. Sir WILLIAM HENRY ASHURST , Knt. one of the Justices of his Majesty's Court of King's Bench; The Hon. Sir BEAUMONT HOTHAM , Knt. one of the Barons of his Majesty's Court of Exchequer; 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.

William Holland

James Maidman

John Brown

William Chapman

Matthew Ward

William Northey

William Baker

Benjamin Cayley *

* Prince Edward King served some time in the room of Benjamin Cayley .

John Adcock

Thomas Day +

+ Thomas Parrott , Daniel Constable , and George Risdon served some time in the room of Thomas Day .

Richard Jones

William Saunders .

First Middlesex Jury.

Joseph Spackman

James Robinson

William Simpson

Isaac Collinett

Isaac Holmes

John Horman

Thomas Lamb

Samuel Nappier ++

++ Jeremiah Thompson and Solomon Marriott served a part of the time on this Jury in the room of Samuel Nappier .

Richard Garrett

Daniel Sebbon

Walter Mitchelson

William Careless .

Second Middlesex Jury.

John Walker

Jeremiah Thompson

Lewis Lambert

John Burgess

Henry Page

William Smith

Thomas Rabulus

William Segoe

Gilbert Handyside

Thomas Viguers

Joseph Paybody

William Ottridge .

Reference Number: t17830910-1

596. JOHN BURTON and THOMAS DUXTON otherwise DUCKSTON were indicted for burglariously and feloniously breaking and entering the dwelling house of Robert Symonds , Esq ; about the hour of three

in the night, on the 26th of July last, and feloniously stealing therein, two linen table cloths, value 12 s. one linen handkerchief, value 12 d. one linen apron, value 12 d. thirty-six knives and forks, with silver handles, value 5 l. twenty-four silver table spoons, value 15 l. twelve silver desert spoons, value 4 l. one silver tea caddy, value 6 l. one silver tea spoon, value 12 d. one pair of silver tea tongs, value 10 s. one pair of silver shoe buckles, value 10 s. one pair of silver knee buckles, value 4 s. one base metal sugar bason, plated with silver, value 5 s. the property of the said Robert Symonds .

Another Count for a burglary in the same house, and at the same time, and stealing two bank notes for 20 l. each, and one bank note for 10 l. his property.

The Witnesses examined apart at the request of the prisoners.

ROBERT SYMONDS , Esq; sworn.

I live in Charlotte-street, Bedford-square , my house was broke open the 26th of July, my cook-maid was the last person up in the house, I cannot say which servant got up first, but about half past five o'clock, a servant came into my room and told me, there was a strange man or men in the house, and that she looked over the banisters and saw the flap of one of the men's coats, I immediately jumped out of bed and rung my bell, and my daughters rung their bell, I slipped on my coat and threw up the window, just then I heard a very great crush, which was by a crow that we have here, which had forced the box which receives the lock of the outward door, they broke it quite in two, for I take the key up with me of a night: when I threw the window up, I saw Mr. Utterton, who lives directly opposite to me, and I saw two men run down three steps, which appeared to me, who was up two pair of stairs, to be the two men at the bar, my servant was just within ten yards of them, I cried Stop thief! and a black pursued them immediately, I came down stairs, and the first thing I saw at the door was, two pair of plated spurs, which they had forgot, I suppose, and I saw my door broke open in the manner I have described.

Court. Were the spurs taken from the place where they were? - Yes, they were taken from my servant's room, I went into my parlour, and there I found my beaureau open and three bank notes missing, two of twenty pounds and one of ten pounds, and there were three drawers laid on the floor, and all the papers about; I went down stairs and found the area door broke open, it had two bolts and a latch, they were forced, and then they came to the kitchen door, there was two bolts and a lock, with the key inside, and they also were forced with the iron crow, the screws were quite forced out from the wood, which crow I had the next day, and took it and fitted every particular place myself; the kitchen door was only slightly locked, which they could very easily open, then they went into my servant's room, and took three cases out of the room into the kitchen, the cases contained twenty-four table knives and forks, and twelve desert knives and twenty-four table spoons and twelve desert spoons, they also took out of the parlour, a silver caddy of tea, and a sugar bason that was plated; they locked the servant in the room.

Court. It was light when you got up, I suppose? - Yes, as light as it is now, the prisoner Burton was brought back within ten minutes of the robbery.

JOHN UTTERTON sworn.

I live opposite to Mr. Symonds; on the 27th of July, in the morning between five and six o'clock, I was standing at my bed room window, and I saw Mr. Symonds's door move very gently, I took notice of it and supposed some of the servants were going out, or that they had some of their acquaintances in the house, at that instant I saw part of a person's arm that had a green coat on, I then thought it was somebody that had got into the house, knowing that Mr. Symonds had no servant in a green livery, in the space of a minute I saw the door open again a little wider, I could then see the arm and part of the body, the man held the door for some few seconds, and I

saw him beckon with his fingers as if somebody was on the side of the way that I live, I did not see anybody go over, but at the instant I saw a servant of Mr. Lyde, in Bedford-square, coming up the street nearly opposite the door, and I saw the man turn his eyes to the door, and I saw the door move very gently at that time, the man was going on, and he had not got ten yards, before the prisoners at the bar came out with bundles, the tall one first and the other followed him as close as possible, I desired the servant to pursue them, and I endeavoured to alarm the neighbourhood by calling out Stop thief! the prosecutor at that instant looked out of the window and called out Stop thief! I then went down stairs, and in about ten minutes the black servant returned, he had lost sight of them, and I believe, in about ten minutes more, the tall prisoner was brought back by two men, surrounded by a number of other people.

Court. What is his name? - I believe his name is Burton, there was a letter found upon him, directed to the name of Burton, which I believe the constable has, the other prisoner I did not see till the next day, I do not know how he was taken, nothing was found on the prisoner but this letter, the prisoner said, by God, if you feel further you will find a bank note, but however, he was searched and nothing was found.

Prisoner's Council. Out of what window did you look? - Out of the two pair of stairs.

Had they hats? - Yes.

Round or cocked? - Round.

Could you see their faces? - Very clearly.

What time? - I believe it wanted about twenty minutes of six o'clock.

Court. Are you sure these are the two men? - I am clear these are the two men.

You never saw them before? - No.

Had he a round hat on, when he was brought back? - Yes.

ELIZABETH WESER sworn.

I am servant to Mr. Symonds, I fastened up the house the night before the robbery, I know no further than I fastened the doors and windows, I got up at half after five o'clock and found the house broke open, I know nothing of the prisoners.

ANN BABB sworn.

I am servant to Mr. Symonds, I went to bed between eleven and twelve o'clock, I locked the kitchen door, and the lock was broke open when I saw it in the morning, I went to bed between eleven and twelve o'clock.

Did you hear anybody in the house, in the course of the night? - I did not, in the course of the night, but in the morning I heard a great noise, I went into my master's room, and told him, there was strange men in the house.

Court to Prosecutor. What is the value of all these things? - I did not cast them up, I put them in the indictment near one hundred pounds, with the bank notes and all; there was a draft that they did not chuse to take.

RICHARD EVANS sworn.

I found these things in Dr. Lloyd's area, in Russel-street.

Court. You do not know where they came from? - No, I do not, they were in my room the night before.

(The things produced and deposed to.)

WILLIAM BYNEY (a Black) sworn.

I am servant to Samuel Lyde , Esq; in Bedford-square, about the 26th of July last, my master had ordered me to get up very early to go out of town on Sunday morning; about half after four o'clock I got up to get ready, and I bethought myself I had no clean linen, so I went to my washerwoman's to get some, and by the time I came back it was half after five o'clock; as I was walking pretty fast thro' Charlotte-street, going home, I heard a noise of a door creeking, so I made a stop all of a sudden, and I still kept my eyes upon the door and I saw it wave, I knew the house and thought some of the servants were going out for a walk, and I stood and looked at the door, and presently I saw a man come and peep his head out, and seeing

me he drew back, with that I went about five steps on that they could not see me, presently, I saw the door open again, and a man just peep himself out, and when they did not see me he stood on the step, and then he saw me, as I was as near to him as I am to your Lordship; when they saw me, he held the door in his hand, and says he to the other that was in the house, come, come along, we can go there and be back time enough, I thought it was Mr. Symonds's servant by his saying so, so I did not take any notice, I had not the idea of any robbery; presently Mr. Utterton hallooed out of his bed-chamber Stop thief! directly the prisoner Duckston came out, and then I saw Duckston and Burton both run down Charlotte-street as hard as ever they could.

Court. Are you sure they are the very two men? - Yes, I am sure they are, I pursued after them crying out, stop thief, while I was pursuing after them so close, Burton had the bundle under his arm, and he threw it over into one Dr. Lloyd's area, I still ran after him, I turned down Dyot-street, and they came into Bambridge-street, I pursued them into St. Giles's, and there was a great number of people standing at the top of St. Giles's, and I asked them if they saw two men running down, and they said they did, I said they were two house-breakers; as I was going down St. Giles's, running after them, I met with Mr. Utterton's labourer, and he went with me, he asked me if I should know them, I said I should, and we went down St. Giles's, we met a watchman, and he went with us, they took me to a publick-house in St. Giles's, there was a great many of them together there, I was rather dubious of going in for fear they should use me ill, I think it was the Green Man, I do not know the house, I never use any of the houses that way, I went in and made them all come out one by one, and neither of them were there, I suppose there were near forty of them there, then we had information that they went down New Compton-street, and I went with them part of the way along Compton-street in pursuit of them, and my time was almost out, so they told me they would go after them, and they went in pursuit of them by my description, and they caught Burton, and in about ten minutes Mr. Symonds sent for me to know whether I could swear to him, and when I came I could not help knowing that this was the man that I saw, I know him to be one of the men that was in Mr. Symonds's house, I am sure and positive that he is the man, I saw the prisoner the next day at the Rotation-office, Duckston is the very man that was with him, Duckston was not in the same cloaths when he was taken that I saw him in, but Burton was.

Court to Prosecutor. When did you get that plate again? - In about ten minutes after.

Prisoner's Council to Byney. Did not you doubt as to Burton? - I did not.

Did not you say you believed, but you could not be sure? - No, I did not, I told the Justice I could swear to Burton and Duckston.

You never saw them before? - No, I never saw them in my life before, I did not see Duckston afterwards till the next day.

And are you sure that you did not say before the magistrate that you believed it was Burton? - I said Burton was the very man.

CHARLES GRUBB sworn.

Do you know the last witness the Black? - Yes.

Did you meet him on the 26th of July? - On the morning of the robbery I heard the cry of stop thief before they got to my house, I lifted up the window and I saw the Black pursuing two men, Burton was one, I could see him, the other man I can say nothing to, I told the Black to cry out stop thief, and I would put on my things, and when I came down they were in custody, and they were searched, but nothing of Mr. Symonds's was found upon them, the Black was not there when the man was taken, I am sure Burton was the hindermost man that was running away.

Prisoner's Council. Where do you live? - In Bambridge-street, I was at the taking of Burton.

GERRARD KAYE sworn.

On the 27th of July last I was standing

in Buckridge-street, and a young man run up to me and said there were two house-breakers run by, we went and met a Black a little below St. Giles's church-yard, or facing it, and he was almost out of breath, I met a great crowd of people facing St. Giles's watch-house, and asked a good many of them whether they saw two men run by, one with his stockings down and dressed in green, and the other dressed in brown; some said they did, and some said they did not, I went into the Green Man, knowing it to be a bad house, and we searched there, then we run up New Compton-street, and the Black was out of breath, I told him to come along with me, that he should not be molested in the least, for I would die by him before he should, he said he could not go, and I was going along Stacey-street, or a street that faces it, and I got into Monmouth-street, and a man looked out of the window and asked what was the matter, I told him, he said they were gone down that way not two minutes ago, we went along till we got into Lumber-court, and I saw one of the men going along gathering up his stockings as well as he could, the young man came up to Burton, and laid hold of him by the collar and turned him round, and we brought him along the same way that we went, he had like to have been rescued, the other man got off, we brought him by the back of St. Giles's by the Eight Bells, I had more suspicion that he was the thief by swearing such bloody oaths, he said he wished he had a knife there, and when we got him along in the round-house, I came up to the Running-horse door, and there I see one of the officers whose name was Grubb, he prisoner then saw Mr. Grubb, and he said he would not go with me, he would go with Grubb, and he was carried to the jail house, the Black came in just as we had brought him in, and he said that was the man, nothing was found upon him except a letter.

Prisoner's Council. When did you see Grubb first? - I met him at the Running-horse door.

You saw nothing of Grubb at the time the man was taken? - No.

You found nothing upon him? - No.

Court. Where is the Green Man alehouse? - In Broad St. Giles's.

WILLIAM HERRING sworn.

I was standing in Broad Saint Giles's, between the Royal Oak and the Coach and Horses the 27th of July last, between five and six, and I saw this black man run along crying out stop thief, I asked him what was the matter, he told me two men had broke open a house in Charlotte-street, and they were run that way, I asked him if he should know them again, he said yes, I called Kaye, and we enquired for the two men, and we were told they ran up New Compton-street, we followed them and missed of them about midway, the Black was weary, and said he could go no further, he gave us a description of the men and we asked some people if they saw two men come that way, and they said they did, the last place we went into was into Lumber-court, and I met a midshipman, and asked him if he saw two men by the description the Black had given me, and he said he did, I followed on, and I saw the prisoner Burton run on by me.

Court. Was the other with him? - No, my Lord, he was by himself, and he had his bosom open and his stockings down, and he was pulling up his stocking on the right leg, when I came up to him, says I my lad you seem to be after a journey this morning, you seem in a sweat, yes, says he, I am, says I, I have information of a robbery that was committed this morning in Charlotte-street, and I believe you are the man, so I laid hold of him, and when I turned him round, says he, use me but well and I will go with you, we brought him to the gentleman's house, and coming by the Eight Bells, the back of Saint Giles's church, I wish I had a knife for your sakes, and I would soon be free of you, we brought him along till we came to the Running

Horse, then he threw himself down and swore he would go no further, then he looked round and saw Charley Grubb , and said he would go with him, I said he should not, and we brought him to the gentleman's house, I heard the other man was taken the next morning.

Court to Evans. You did not see the plate thrown down? - No.

How came you to take it up? - Information came to our house that it was thrown down the area of Dr. Lloyd's in Russel-street.

(The plate produced and deposed to.)

Prisoner Burton. I have nothing to say.

PRISONER DUCKSON's DEFENCE.

I have witnesses here to prove where I was at the time.

JAMES DUCKSTON sworn.

Are you a relation of the prisoner? - He is my son.

Where was he on the the evening of the 26th of July? - He was with me at my house on the 26th.

Was he there on the evening of the 26th? - He was there all night.

Did he lay there that night? - He did, he slept with one Mr. Needham that lodged in my house, he supped with me and we were all making merry, and he got a little drop of liquor, and I advised him to stay with this young man.

You are sure it was on this Saturday night? - Yes.

THOMAS NEEDHAM sworn.

I know the prisoner Duckston.

Did he ever sleep with you at his father's? - Yes, one night.

What night was it? - It was the 26th of July.

What time did he get up in the morning? - I do not know, I left him in bed at six in the morning.

What time did you go to bed at night? - About half after eleven or near twelve.

You say upon your oath you left him in bed at six in the morning? - Yes, upon my oath I did, it being his birth-day, he had drank rather too much liquor, and his father persuaded him to stay, and asked me to let him lay with me, so he stayed.

THOMAS CREESE sworn.

What are you? - A barber.

Do you know Duckston? - Yes.

Do you remember seeing him any time in July at his father's? - Yes.

What? - The 26th.

Did you spend the evening with him? - I staid with him from about three till nine, I left him in company with a man that works for me at his father's and his mother's, that was Needham.

How long have you known him? - About ten years, I never heard anything amiss of him till this time.

Prisoner's Council to Needham. How long have you known him? - I have known him two or three years, I never heard any thing bad of him before in my life.

For the Prisoner Burton.

WILLIAM STEWART sworn.

Do you know Burton? - Yes, Sir.

Was you ever with him on the 26th of July last? - I was with him on the 26th of July last at my father's house, he came in and called for a pot of beer, I drew it, he did not go away, not as I understood, till the next morning.

What reason have you to think so? - I have no reason any more then he asked the servant for a bed, and she asked my mother, and my mother sent out word that he might, and he desired clean sheets.

Then you did not see him in bed? - No.

Who was the servant? - Ann Westby .

ANN WESTBY sworn.

Where did you live in July last? - At the Hercules Pillars, Westminster, at Mr. Stewart's.

Do you know the prisoner Burton? - Yes.

Did he spend the evening on the 26th of July at your house? - Yes.

What became of him afterwards? - He staid there till eleven, he asked if he could have a bed with another young man, and I

asked my mistress and master if he could have a bed, and they said, yes, and he laid there, and I shewed him to bed, and he asked me to call him at five.

Did you see him in bed at five? - Yes, I saw him in bed at five, I went into his room, and awoke him, he went away in three or four minutes after.

Court. Did the other man go away along with him? - The other man did not lay with him, he laid by himself.

EDWARD READ sworn.

Do you know Burton? - Very well, I have known him between three and four years.

What is his character? - He had the character of a carpenter by trade; I never heard any thing of him but a very good character, I have lived in the house where he has lived a matter of between two and three years, he always bore an universal good character as ever I heard, I have known him to work at his trade of a carpenter.

EDWARD DOHARTY sworn.

Do you know Burton? - Yes, I have known him about four years, I am a carpenter by trade, I never knew any thing of him but what was very honest, he lived with me upwards of two years.

Did he work at his business? - Not to my knowledge; he told me he worked at it; he did little jobbs for me now and then, I never was with him where he worked: He lodged with me and went away, and came back again like; he lodged a twelvemonth and upwards with me.

Court. Let the witnesses Needham and Creese, go out of Court, and send an officer out with them.

Court to James Duckston . You was saying you had a sort of a merry making that night? - Yes.

What had you for supper? - A breast of lamb and French beans.

What did you drink after supper? - There were several sorts of liquors, we drank porter, and had a dram between whiles, and we had a drop of punch.

(Needham called in.)

Court. You said you supped together that night? - Yes, Sir.

What had you for supper? - A breast of lamb and French beans.

What did you drink? - Some beer, a little punch, and a glass of gin now and then between whiles.

Grubb. My Lord, there is a man that comes here and swears he does not know any harm of this prisoner, Burton, and I took Burton out of his house some time since, for house breaking, with the implements upon him.

Doharty. No, Sir.

Grubb. Why you came down to the office yourself.

Doharty. No, Sir, I did not, did I come to the office; no such thing.

Grubb. Did not I take this prisoner out of your house? - No.

Court to Jury. Gentlemen: This is an indictment for a burglary; the evidence does not come near enough perhaps for that, for it was day light for a considerable time before, as much as an hour and an half, or near two hours; therefore it is possible that this fact might have been committed after day-light, if so, it is not a burglary, for in order to constitute a burglary, it must be done in the night time: but however the stealing in the dwelling house is likewise a capital crime to the amount of above forty shillings, so that in point of law it amounts to an offence of equal magnitude.

THOMAS DUXTON , ALIAS DUCKSTON, JOHN BURTON ,

GUILTY , ( Death .)

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

Court to Doharty. Do you make it a general practice to give men a good character, that are accused of house breaking? - What did he take him out of my house for?

Grubb. He had all implements of house breaking upon him; why do not you know me? - I know nothing of it.

Court to Doharty. Then he never was

taken out of your house? - I do not know my Lord, he might.

Grubb and Macmanus. My Lord, this man come down to the office.

Doharty. Was I there?

Grubb and Macmanus. Yes.

Doharty. What me?

Court to Doharty. Was you at the office or not at that time? - No, to the best of my knowledge I was not.

Was Burton taken up in your house? - I do not know indeed.

You never heard of it? - Not to the best of my knowledge.

You must know? - If he was, I am sure I forgot.

Did you never hear that he was taken up in your house, as a house breaker? - No.

Grubb. My Lord, there were three men taken out of the one pair of stairs at Doharty's house, he knows me very well, and he came down to the office to speak for them.

Court to Doharty. Did you go down to the office to speak for Burton on that occasion? - Really I do not know.

Did you or did you not? - Not to the best of my knowledge.

Did Burton ever lodge at your house? - He did.

You never heard of his being taken up? - Not to the best of my knowledge.

Court. Take that fellow into custody for wilful and corrupt perjury.

Doharty (kneeling.) My Lord, I humbly ask pardon for it.

PATRICK MACMANUS , and CHARLES GRUBB sworn.

Court. You remember Doharty's coming down to the office to speak on Burton's behalf?

Macmanus. My Lord, Macdonald that belongs to the office in Litchfield-street, pointed out Doharty to me at the time, and I saw him there as plain as I see him now.

Was Burton the prisoner there at that time? - He was.

Grubb. My Lord, I saw Doharty there, he came to appear on the behalf of Burton.

Doharty ordered to be committed to Newgate, for wilful and corrupt perjury, and Grubb and Macmanus, bound over to prosecute him.

Reference Number: t17830910-2

597. MATTHEW DANIEL was indicted for that he on the 30th day of July last, with force and arms, feloniously did make, forge, and counterfeit, and cause and procure to be made, forged, and counterfeited, a certain letter of attorney with the names, Samuel Tate , Thomas M'Lane , and Michael Randall thereto subscribed, purporting to be a letter of attorney from them, and sealed and delivered by them to George Davis , in order to receive certain prize money, due to the said Samuel Tate , Thomas M'Lane , and Michael Randall , mariner s, for work done on board the Raisonable, with intent to defraud the said Samuel, Thomas, and Michael.

A Second Count. For forging a certain letter of attorney as before, to receive certain prize money, due to the said Samuel Tate , with intent to defraud the said Samuel Tate .

A Third and Fourth Counts. For uttering the same knowing them to be false, with intent to defraud William Green .

WILLIAM GREEN sworn.

I am a Navy agent, I pay the prize money for the Raisonable; the prisoner applied to me in the name of George Davis , about the 30th of July, and produced me this power of attorney, he signed a receipt in the name of George Davis and against the name of Samuel Tate , is annotation in my hand writing, purporting the sum, which identifies the power of attorney.

Did you know a man of the name of Tate? - A man of the name of Tate has since applied, and I paid him yesterday morning, the prisoner was taken up for some other offence, and the power was found in his pocket.

(The Letter of Attorney read.)

SAMUEL TATE sworn.

I was a marine on board the Raisonable.

(The Court doubting whether this was not an interested witness; as in case the letter of attorney should appear to be valid, he would have the money refund, Mr. Green executed a release in Court to the witness.

(The Release read.)

I was serjeant in the marines on board the Raisonable four years and odd months.

Look at that power of attorney: Did you ever give a power of attorney to George Davis to receive your prize money? - No, nor to any other person; this is not my writing; the witness Michell I know, but not Andrews.

RALPH MICHELL sworn.

You was some time ago mayor of Plymouth? - Yes, mayoralty commenced at Michaelmas 1775, and continued until 1776.

Court. This letter of attorney purports to bear date the 5th of July 1783; look at that power of attorney; is that your name, as a subscribing witness with William Andrews ? - No, it is not.

How do you know it is not? - Ever since the change of the stile, I have written my name at full Ralph, nor did I ever write my name spelt with a T.

Who was mayor in 1783? - George Marshall .

Do you know any such person as William Andrews ? - No, I do not.

CAPTAIN COOPER sworn.

I have the honour to command the Stag, the prisoner's name is not George Davis, but he served on board that ship in the name of Matthew Daniel , he was Purser's steward for a year, I have frequently seen him write.

(The Letter of Attorney shewn him.)

Is that the prisoner's hand writing? - To the best of my judgment it is; it is a great similitude of it.

- HALL sworn.

I am a clerk in the Navy Office, I have the book that is kept in the Navy Office.

Look for the Raisonable, is there not a Samuel Tate ? - Yes.

What is he? - A serjeant of marines, he was entitled to prize money in April and May 1780.

PRISONER's DEFENCE.

Please you my Lord, these writings were left by this George Davis , with me on the last Monday in July last, of which there are two substantial witnesses; he delivered these papers into my hand for me to carry them in my pocket, as he was going off for Portsmouth, for Dublin; I took them inadvertently not thinking any thing about it; I never was at Mr. Green's in my life; there he stands, he said at Wood-street Compter, that the person that received the money from him had a scar in his face, so has Davis; I have sent to Portsmouth to see after him, he is now at Dublin, and I have sent to him by Mr. Kelly, who is gone to Dublin to take him if possible: I never saw any thing of the instrument till the last Monday in July last, as I am to appear before the presence of God Almighty: I have not had a day's health since my confinement, and I am totally unprepared; them two powers come under one denomination, and were both delivered to me at one time.

Court to Mr. Green. Have you any doubt of his being the person to whom you paid the money? - No, my Lord, not the least in the world, the man brought two powers in the name of George Davis , he brought one some days before the second, he observed at the same time he should have the pleasure of waiting on me again with another power in a few days.

Was he dressed as he is now? - I do not recollect his dress, he was exceeding shabby.

GUILTY , ( Death .)

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

Reference Number: t17830910-3

598. WILLIAM SHARMAN was indicted for feloniously assaulting Thomas Fellows , Esq ; on the King's highway on

the 24th of July last, and putting him in fear and danger of his life, and taking from his person and against his will, one watch, the inside and outside case made of silver, value 3 l. one steel chain, value 1 s. two gold seals, value 30 s. one silk purse, value 1 d. five pieces of gold coin of this realm, called guineas, value 5 l. 5 s. his goods and monies .

THOMAS FELLOWS , Esq; sworn.

I was robbed on the 24th of July last, I had been to the sessions meeting of the Justices, and on my return from London to Uxbridge , I was stopped between the eight and the nine mile stone, by the prisoner now standing at the bar, I was in my carriage, it was rather after eight o'clock, the prisoner was on horseback, there was another highwayman with him, there was in company three highwaymen, I saw two ride under the hedge on one side of the way, and one riding on the foot path on the other side, the prisoner was on the foot path, they went past me as far as to where the road divides, which is a place called Brent-bridge , the prisoner came back again, and came to the side of my chaise, and said, give me your money, I not exactly understanding what he said, I said what do you say, he said again give me your money, or I will blow your brains out, he had a pistol in his left hand, and he took my purse with his right, I think there was about five guineas in my purse, to the best of my knowledge, whilst I was delivering my purse the same man, the prisoner at the bar says, give me your watch, the other highwayman said, give me your watch, and the one took the purse and the other the watch; the other came on the other side of the chaise, and told my coachman who drove me, he would blow his brains out if he did not look forward, the other man took my watch, they went away, and when they were turned again I called to them and said to the other man, if you will leave my watch where I can come at in London, I will give you something for it, and he rather answered me in a feigned voice as I thought.

Court. How long might all this be about? - It was not above a minute.

It was quite light? - The sun shone on one of their backs as they rode on.

How was the prisoner dressed? - I can say very little as to his dress, any more than that he had a light coloured coat on, as he turned his back, his hair either appeared to be platted or tied behind in a club, I could not tell which.

What sort of a hat had he? - I cannot tell any thing of his hat, but I think it was round hat.

Had he any thing over his face? - Nothing at all.

How soon after was he taken up? - I cannot tell, I saw him in gaol.

How long after? - I believe it may be three weeks or a month, I came to Justice Wright's in consequence of a purse being advertised which I thought was like mine, being green and red, I found it was not mine, I went to the pawn-brokers to see the watches that were in pawn, for they found the duplicates of two watches in the prisoner's sleeve, I went to New Prison to set the prisoner, and as soon as I saw him I had some conversation along with him, I asked if ever he had seen me, his answer was, I have seen abundance of people in the publick line, and I cannot tell whether I have seen you or not, I said, I wish I had never seen you, you are the man that robbed me, and he said, may be so.

Court. Was you under any confusion at the time? - Undoubtedly, when he told me he would blow my brains out, I was.

Did you pay your attention more to him than to the other? - I did, because I had nothing more to do with the other than give him my watch, I did not see him till he came up alongside of the carriage, when he took my watch away he rode upon a dark brown or bay cropt mare.

What sort of a horse had the prisoner? - I cannot very well tell, but I think it was a chesnut.

Did you take that notice of him to induce you positively to swear to him? - I did.

Can you now positively swear to him? - I do now positively swear that was the man, I never found my watch or purse.

JOHN DIXON sworn.

I know nothing further of this, than I apprehended the prisoner the 23d of last month, at No. 2, York-street, Middlesex Hospital, in bed up one pair of stairs, I was with Mr. Clarke and the other officers, I took this pistol from him, it was loaded in his breeches pocket under his head.

Prosecutor. I believe that to be the pistol with which he robbed me.

Dixon. Mr. Clarke found another pistol in his coat pocket, which I saw him take out, I found three guineas and a half in money, he was taken up on information of another robbery.

Prisoner's Council to Prosecutor. Had you your spectacles on at the time you was stopped? - I do not, in general, wear them.

Did not you dine that day with the Justices? - I did.

Court to Prosecutor. This will depend very much upon your evidence alone, therefore I am sure you will excuse my asking you a question upon such an occasion as this is, whether you had been so long in company as to have been drinking rather more than you usually do? - Not at all my Lord, we are only allowed a pint of wine a piece at the bench of Justices, and in order to go home, I went away sooner, I did not drink my pint of wine nor any other liquor.

Are you near sighted? - No, not at all, but when I am in a large company I wear spectacles occasionally, it is customary for us, who are in the commission of the peace, to attend Court business, and I had been dining at the hall on that day.

JOHN CLARKE sworn.

I know nothing more than searching the prisoner's coat, I found a pistol loaded with ball, here is the ball, and here is one that I found in his waistcoat pocket.

Did he account for having these pistols? - Yes, he said, there was an execution out against him, and he took them to avoid the officer, to shoot any officer that should touch him.

PRISONER's DEFENCE.

Mr. Clarke has said, that I had these pistols on purpose to shoot the officer, I did not say any such thing, I said, I had them to defend myself, not with intent to shoot any one; I have no witnesses, I was unprovided, I have several gentlemen that would have come to my character, but they did not know any thing of it, I had not time to send for them.

Mr. Lechmore, Council for the Prisoner, informed the Court, that the prisoner was a waiter at Wood's hotel, and had often waited on him there, and that he appeared to be uniformly civil and attentive during the time he lived there.

Jury to Prosecutor. How comes it your coachman does not come to give evidence? - Because they said, if he looked back at them, they would blow his brains out, and he was a hired coachman, he does not now live with me.

Jury. He must have seen them before you? - I do not know.

Jury. This is a very awful piece of business and you should have had the man here.

Court. He should certainly have been here. - He said, he was very much frightened.

Court to Jury. Gentlemen of the Jury you must take the evidence as you find it, and exercise your own discretion about it, we have nothing to say about the coachman, if you are dissatisfied with it, you will acquit him.

Prosecutor. May I speak again? - No.

Court. There is one circumstance that I forgot mentioning, Mr. Fellows saw this man but for a minute on the outside, and he did not see him again till within three weeks or a month after, and he then was led to him, he did not see him among a group of other people, or pick him out as the man that robbed him, but he was led to the man as the man that had robbed him.

Prosecutor. He kept the Mermaid tap at Windsor, I knew him then, and upon recollection I recollected him as well as ever I did in my life.

Jury. Was he the first person that was brought to you, did you see more than

this one? - He was brought into the taproom, I know him to be the man as soon as I saw him.

GUILTY , Death .

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

Reference Number: t17830910-4

599. CHARLES THOMAS was indicted for that he, at the delivery of his Majesty's goal of Newgate, held at Justice-hall, in the Old Bailey, on Wednesday the 26th of February last, was convicted of stealing one wooden tub, value 1 d. and twelve pounds weight of butter, value 5 s. the goods of Charles Thomas , and thereupon was ordered to be transported as soon as conveniently might be, to some of his Majesty's colonies and plantations in America, for the term of seven years, and afterwards, to wit, on the 1st day of September instant, was found at large within this realm of Great Britain, without any lawful cause, before the expiration of the said term of seven years, for which he had been so transported ; against the form of the statute. (See No. 3, Part 5, 209.)

(The Record produced and read by Edward Reynolds , Esq; clerk of the arraigns, whilst the Judge looked over the indictment to see if it corresponded.)

JOHN TOWNSEND sworn.

What are you? - A servant to Mr. Akerman.

Was you present in February sessions last, when the prisoner at the bar was tried? - I was.

Do you remember what the trial was for? - For stealing a quantity of butter, I put him to take his trial myself, the Court and Jury found him guilty; I was present when the sentence was passed, which was, that he should be transported to America for the term of seven years.

What became of him? - He was taken from his Court back to Newgate, and an order came down to my master, to take all the convicts down to Black Fryers, the prisoner was one, I went with him and the others, it was the 16th of August last.

Where did you deliver him? - On board the Swift, at Blackwall.

What is the captain's name? - I do not know, the mate is here.

Did you deliver him to the captain the same day? - Yes.

Do you know the reason of the prisoner's being here? - I know no further.

JONATHAN REDGRAVE sworn.

I am a constable belonging to St. James's, Clerkenwell; on the 1st of September, we received an information, that the prisoner at the bar, with two others that are to be tried on the London side, were at a house in Onslow-street ; I, and Seasons and Isaacs went to this house, and we were met by a couple of women who endeavoured to prevent our going up, however we got past them, and when we entered the room the prisoner at the bar stopd towards the bedstead with a poker in his hand, the others were armed, one with a large iron fire shovel, and the other with a large knife, I told the prisoner, knowing him perfectly (tho' I knew them all three) that it would be impossible to escape, but they might do us some mischief; the prisoner with the others, made a reply, that they would sooner die than be taken; the prisoner at the bar then struck Seasons on the head with a poker, which cut his head very much, he did not cut me; Seasons immediately closed on him, and they fell down on the bed together; Mr. Isaacs and I were engaged with the other two men and two or three women, who fought as well as they could, and as much as the men; we had three cutlasses, and very happy it was for us that we had; the other two wounded me here on the head and cut me in the breast; Isaacs speaks of the knife, but I cannot speak to it, because at the same time, one of the women struck me on the back of the head and stunned me; when I came to myself, I found the blood running down; they said, they were only sorry they had not cutlasses, for if they had, we never should have gone away without murder.

Prisoner. Will the witness take upon him to swear, that I cut Mr. Seasons? - Seasons and the prisoner were engaged particularly together; he struck the first blow, and nobody but him could strike Seasons.

Court. You are sure this man stood by the bed with a poker, and struck Seasons with that poker? - Certainly, my Lord.

THOMAS ISAACS sworn.

Was you present with Redgrave when this prisoner was taken? - I was at the house in Onslow-street, Safron-hill; when we entered the room, I observed the prisoner with two others; the prisoner at the bar immediately seized a poker, and with very bad words, said, that sooner than be taken they would lose their lives.

Did you observe whether the others had any thing in their hands? - I did.

What had they? - One had a long shovel, and the other this clasp knife open, in his left hand; as soon as ever the affray began, I saw the prisoner strike Mr. Seasons over the head with a poker; we had each a cutlass.

Were you wounded yourself? - No, I was not wounded, I was beat and bruised over the head and shoulders by the women; then we overpowered the prisoners and handcuffed them, and took them before a magistrate; I heard Redgrave call to the prisoner, whose name is Godby, though he goes by the name of Charles Thomas , saying, Godby, you had better surrender yourselves and go quietly, or else worse will come of it, and they swore bitterly they would not, but sooner die than be taken.

Do you recollect now, in particular, whether the prisoner said any thing? - All together spoke, one and all.

Prisoner. My Lord, I beg for mercy.

Court to Jury. Gentlemen, the indictment charges the prisoner with returning from transportation and being at large, it is therefore incumbent upon him, to shew to the Court and Jury, that he had some lawful, or reasonable cause for that purpose; now had this man been in a tempest at sea, and been obliged to come on shore, that would, I conceive, have been a reasonable and lawful excuse, in which case, he would have surrendered himself to a peace officer as soon as possible, but so far from any such colour, this man stood in opposition to the officers of Justice, armed himself, acted with violence, and said, he would rather die than be taken, so that that excludes any possible idea of a lawful cause of being at large.

GUILTY , Death .

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

Reference Number: t17830910-5

600. DAVID HART was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause .

(N. B. The indictments of these transports being nearly similar to each other, it is supposed unnecessary to insert them verbatim.)

The Record read by Edward Reynolds , Esq; clerk of the sessions and goal delivery, as on the last trial.

JOHN OWEN sworn.

What are you? - A servant to Mr. Akerman.

Did you see this prisoner tried at the Old Bailey? - In April sessions last.

What was he tried for? - For stealing some muslins, and stockings, and different articles.

Was he convicted? - Yes.

What was his sentence? - To be transported to some of his Majesty's colonies in America, for the term of seven years.

Was you in Court? - I was.

What became of him after that? - On the 16th of August, he, with others, were delivered on board the Swift, at Blackwall.

Was you present at the delivery? - I was.

Who did you deliver him to? - To the mate of the ship, who is here.

THOMAS BRADBURY sworn.

I am mate of the Swift.

Where was the Swift bound last August? - To America, to Halifax.

With a number of convicts? - Yes.

How many had you on board? - One hundred and forty-three, men and women.

Do you remember taking on board the prisoner, David Hart ? - I remember him perfectly well.

Where did he come on board? - At Blackwall.

Do you recollect the day when he came on board? - The 16th of August, I believe.

When did the ship sail from Blackwall? - The next day down to the Galleons, where we received the remainder on board from the ship Censor, we left the Downs the 28th of August, and the 29th in the morning, the prisoner and the rest of them, who had been confined between decks, made what they called a rush; they came all at once into the cabbin, and secured the captain and myself, and all the ships company, and the fire arms.

Did you see the prisoner amongst them? - I did.

Did you see them come on deck? - No, I was in the cabbin, and in about a minute afterwards they rushed into the cabbin.

Tell us what yourself saw? - I saw them secure the arms, I saw them with the arms in their hands, the prisoner was amongst them, and had either a musket or a blunderbuss in his hand.

How long was this a doing? - It was done in a minute.

How did they get their liberty? - The night before, they had sent a letter to the captain, desiring he would take their irons off, he said, he would not, they said, if he would not they would take them off themselves, he said, he would fire on them, they said, fire and be damned, and they went to work, and every one took their irons off with as much ease as if they had none on.

Did you know on board the ship, that they were taking off their irons? - Yes.

Could not you prevent it? - No.

How many did your crew consist of? - Eighteen; after they had secured us, they bore away, and went a little to the east of Dunganness, between that and Rye, they let go the anchor, and hoisted the boats out, and went on shore, as many as could cleverly get into the boats got on shore, with the arms along with them; that was on the 29th the same day they made the rush, it was six o'clock in the evening that they went on shore.

How many got on shore? - Forty-eight.

What became of the rest? - The rest remained on board with us.

When did you get your liberty? - About twelve o'clock at night, we informed them of the dangerous situation they were in, in case any wind should come, and that they would lose their lives, and then they agreed to let the sailors up, and we bore away, and about half past three as they had been drinking pretty freely, they began to grow drowsy, and went down below, and there was not above half a dozen left on deck, and we searched them and got the possession of the ship, and brought her into Portsmouth.

Did you see the prisoner escape? - I cannot say I saw him get into the boat, but I knew he was gone.

He was not on board the ship after that time? - No, he was not.

Were forty-eight all that the boats would hold? - The boats would have held more I believe, but they would not take any more they were so desperate; there was not one of them that was compelled to go, far from it, for there were several knocked down that wanted to go.

Prisoner. Please to ask him, how long after the captain asked me have a glass of rum, it was, that this affair happened? - He had but just begun serving them a glass of rum; he had served about two or three messes.

DAVID HINDES sworn.

I am a butcher at Rowndon, near Tenterden, in Kent; I took the prisoner up, on the 31st of August, at a place called Ashbourn , he was upon the road.

Was he alone? - He had a partner.

Is Ashbourn near the sea coast? - It is about half a dozen miles from it.

How came you to take him up? - I took him up on suspicion, I thought he and his mate were bad, and about half an hour after I had taken them up, we heard they were transports.

What account did he give of himself? - No account.

PRISONER's DEFENCE.

My Lord, when I was taken with this man, I told them I was willing to go with them any where, that I meant to go to town and surrender, for I was really forced on shore; as for the fire arms, I never laid hold of any; all my fellow convicts will say the same, and while I was in goal and under Mr. Akerman's care, they cannot say I behaved any thing improper: My Lord, after I had done washing myself, I went down, the captain had just given me a glass of rum, and five or six of the convicts came down, who came from the Censor, and they said, is not your name Hart, and I said, yes, they said, they insisted on me to help them to get their liberty, and that if I did not I was a coward, and they gave me this firelock in my hand; I held it in my hand, and they said, they would fire if I did not come; I wanted to go down again, for I wanted to go where I was sent, I did no mischief to any body, and I made my way, I did not mean to make my liberty at any rate at all.

Court to Hindes. Was any body with you, when you apprehended him? - Three more, but they are not here.

GUILTY , Death .

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

Reference Number: t17830910-6

601. JOHN WHITE was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Do you recollect the prisoner's person? - I do.

Do you remember his being in Court in January session's? - Yes.

Was he the same person that had been tried on the record that has just been read? - I am positive to the person.

You are one of the assistants of Mr. Akerman, are not you? - Yes.

RICHARD TAYLOR sworn.

You took the prisoner? - Yes, he behaved as well as any person could in his unhappy situation, he did not make the least resistance in the world.

THOMAS BRADBURY sworn.

Court. Look at the prisoner, was he one of the men delivered on board the vessel, of which you was mate? - Yes.

You are mate of the Swift? - I am.

That was the transport on board which these people were to be carried? - The ship Swift was the transport.

Was the prisoner one of them that was delivered to be transported? - He was.

What part did he take in escaping from the ship? - I do not know any particular part.

He was not particularly active, either in taking the arms, or securing the Captain? - No, my Lord.

PRISONER's DEFENCE.

My Lord, I was between decks when the ship was taken, a man came down to me, and said, Jack the ship is taken, I said, I am sorry for it, I would rather go to America, I have no friends in England.

Were any of these people compelled to go on board the boat? - No, they were not.

None of them were compelled to the best of your knowledge? - No.

GUILTY , Death .

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

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-7

602. SAMUEL READ was indicted for returning from transportation, and being found at large, on the 1st of September , without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Look at the prisoner at the bar, do you recollect him? - I do.

Do you recollect his being here in February sessions last? - He was convicted in February sessions last.

You are sure it is the same person? - Yes.

THOMAS HARVEY sworn.

I live at Hawkurst, I recollect seeing the prisoner there, I apprehended him at Hawkurst.

Did he make any resistance? - No.

Surrendered himself peaceably and quietly? - Yes.

THOMAS BRADBURY sworn.

Was he one of the men that was dilivered on board your vessel to be transported? - He was, my Lord.

Do you recollect him being among them, when they made the north? - I recollect seeing him among them, but I do not recollect any particular force or violence that he offered.

You do not? - No, Sir, I do not.

You do not consider him as one of the ring leaders? - No, I do not.

PRISONER's DEFENCE.

I would wish to observe to the Court, that it was not my intent to come on board the boat, but being forced by the person that had the command of the vessel, as I had been at sea before, he insisted on me to take the command, the Captain immediately laid himself under my charge, and he said, he wished to be considered as a gentleman; I remained with the Captain.

Court to Bradbury. Do you recollect this? - I do not, my Lord, I know the man that had the command of the vessel, one Donkin, he is now on board.

I think you have said, that you did not consider any of them as compelled to go? - I said before, and I say now, that I do not think that one of them was compelled to go.

GUILTY , Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-8

603. DAVID KILPACK was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause.

(The Record read as before.)

JOHN OWEN sworn.

Do you recollect the prisoner? - Yes, he was tried in February sessions.

JAMES WINTER sworn.

Look at the prisoner? - I live at Sandhurst, in Kent, I apprehended the prisoner at Sandhurst, near Hawkurst.

Did he make any resistance? - Not in the least.

Surrendered himself quietly? - Very much indeed Sir, and very civily.

THOMAS BRADBURY sworn.

The prisoner was on board.

Do you recollect what part he took, when they took this vessel out of your hands? - I do not recollect seeing him, I only know that he was on board, and made his escape, I do not recollect his taking any part in it.

Prisoner. I have nothing to say.

GUILTY , Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-9

604. JOHN KELLAN, alias JOHN HERBERT KEELING was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Look at the prisoner, have you ever seen him before in this Court? - Yes, in April sessions, he was convicted.

You are sure it is the same person? - I am positive of it.

WILLIAM WILLS sworn.

Look at the prisoner, was you one of the persons that apprehended that man? - Yes.

Where did you apprehend him? - In the parish of Sandhurst, in the county of Kent.

Did he make any resistance? - No, he behaved peaceably and quietly.

TAOMAS BRADBURY sworn.

Court. Look at the prisoner, do you recollect him among the number that you had? - Perfectly well.

What was his conduct? - He was one of the first, my Lord, in taking arms.

What else did he do? - I had a hanger of my own which some of them had broke, I saw him put that broken part of the hanger between his coat and waistcoat, before he went on shore.

You have mentioned the circumstance of his taking the arms, and being one of the first that took them, by what other circumstance did he shew himself to be a ringleader otherwise than by his taking the arms? - He was one of the first I saw, his own declaration to me was enough.

Where did you see him? - In the cabbin.

With what intent did he come into the cabbin? - With intent to secure the arms, and to secure me with the rest of them, there were, I dare say, twenty more in the cabbin.

Was this one of the men that came up to you to secure you? - No, I cannot say particularly that he was one of the men that came up to me to secure me.

He was among the first that came into the cabbin? - Yes.

Who was in the cabbin besides yourself? - The Captain.

You formed some thought of what his intentions were from what he declared? - After we had been in the cabbin some time, he was telling me how when the Captain was calling them up to give them a dram, those that were sick, and he said when the Captain gave him that dram, he bid him go below, and we did not know how to avoid it, but however he turned once or twice, and with the rest that were behind him, and him together made the rush.

Explain what you mean by the rush? - It was a term of theirs, what they meant by it was forcing in upon the Captain and the ship's crew.

Do you recollect any other part that he took in this business? - None my Lord.

Prisoner. With your permission I beg to ask Mr. Bradbury in what part of the ship he was, when the ship was taken? - I was in the cabbin.

Prisoner. He was in bed my Lord, he permitted us to come upon deck in a great number, and seeing so fair an opportunity many of us were desirous of taking the ship, a man stood behind me and said, says he, if you do not endeavour to secure your liberty, I will knock you down, they were saying better not to use any violence, there were many in the cabbin before me, seven or eight, some were with Mr. Bradbury in his cabbin, I took up a blunderbuss that laid by, and the keys of the bureau were there, and I threatened to shoot a man that was going to take the keys, and I immediately locked the bureau, and delivered the keys to the Captain.

Court to Bradbury. Do you recollect this particular that he now mentions? - I do not, I know that some were for robbing the Captain.

Prisoner. Mr. Bradbury knows I particularly protected Mrs. Warrickshall, and insisted on her not being searched.

Bradbury. That may be true.

Prisoner. When the Captain was divested of his command, I treated him with every proper mark of respect, the second mate came and said to me, if you are in possession of the vessel, do not put me down below, says I, if they act as I could wish, it will argue in our favour in case we are apprehended hereafter, that was what I said

to the second mate, and when the Captain was divested of his command he drew up a memorial in order to clear himself from any mean suspicion that might arise in the breast of his owner, I was the first man that readily signed my name to it, I expressed my sorrow to the Captain, at being at this time forced to get my liberty.

Court to Bradbury. You say some of these people were for robbing the Captain? - He might be along with those that prevented it.

Prisoner to Bradbury. You ought to consider that this is a case of life and death.

Court. He mentions that there was a Mrs. Warwickshall on board that some of the transports were going to insult, and that he protected her from the insult, was he one that did? - He was, my Lord, for they would have behaved rudely to her, if it had not been for some of them that were there.

Court. There was a memorial signed by these people in favour of the Captain to the owner? - There was.

Was the prisoner one of those that signed it? - He was.

Was he one of the first that signed it? - I believe he was.

Do you recollect any other circumstance that is favorable to the prisoner? - I do not, only he behaved very well after they had possession of the ship, there was none of them that behaved amiss after they got possession of the ship.

Prisoner. With respect to the memorial, my signing it first, it was blotted, the Captain requested me to draw a copy from the original, which I did.

Court to Bradbury. Do you recollect that? - Yes.

Court. You should recollect every favourable circumstance for the prisoner? -

There were two or three of these papers drawn out, the first was drawn out by the Captain.

Prisoner. There was some word objected to, without altering the meaning of the original, and I wrote over another, I hope my Lord, Mr. Akerman will do me the justice to say, that I behaved very well in Newgate.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-10

605. CHRISTOPHER TRUSTY was indicted for returning from transportation, and being found at large, on the 1st of September , without any lawful cause .

(The Record read as before.)

WILLIAM CATCHPOLE sworn.

I am one of the six marshalmen.

Court. Do you recollect the prisoner? Yes, very well.

Where did you remember him? - In Sun Court or Alley, Grub-street .

Who were with him? - Two women, it was a private house.

Was you alone? - There were three went besides myself.

JOHN OWEN sworn.

I am in the service of Mr. Akerman.

Do you recollect the prisoner? - Yes, perfectly.

Do you remember his being in this Court in July session's last? - Yes, he was tried for attempting to rob John Hall , a post chaise boy, near Ball's-pond.

Did you go down with the prisoner to the ship? - Yes.

To whom did you deliver him? - To the Captain, and to Mr. Bradbury, the mate laying at Blackwall.

THOMAS BRADBURY sworn.

Do you recollect the prisoner? - Perfectly well.

Do you remember his being delivered to you? - Yes, very well, on the 26th of August, at Blackwall.

How many were there delivered at that time? - I think seventy four, we had one hundred and forty three in all, men and women; on the 29th of August at ten in morning, they made what they called a rush, and secured me and the Captain, and the men.

How many men had you? - Eighteen.

Court. When they had secured you, what did they do? - They secured the arms.

Did they take the ship from you? - They did.

Was the prisoner among the number? -

He was, and the first that went into the cabbin, and stole the Captain's buckles out of his shoes.

What did they do with the vessel? - They took the vessel between Rye and Dunganness.

What did they do then? - They hoisted both boats out, and as many as could, got into them.

Was the prisoner of the number? - Yes, he was one of the number, he knocked down two or three of the other prisoners to get into the boat.

How long was it before you repossessed the boats? - The boats did not return till about twelve o'clock, we told them what danger we were in, and they let the sailors up about half past three; they were many of them drunk, and went down below, and we drove the others down, and secured them there: the next morning we fell in with the Perseverance frigate, which conveyed us into Portsmouth.

PRISONER's DEFENCE.

I was not upon deck when the ship was taken, and when I came on board, I said, nobody should be robbed or hurt.

Bradbury. He was the first that came on board, took the officer's hanger, and flourished it over the Captain's head.

Court. How did this begin? - They demanded to have their irons off, the Captain said, he could not take them, they said, they would take them off themselves; the Captain said, he would fire on them, they said, fire away and be damned, and they took them off themselves with as much case as if they had not any on.

How many did you trust on deck? - Sometimes three messes, containing six in a mess, they were in irons.

GUILTY , Death .

Reference Number: t17830910-11

606. THOMAS BRYANT was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause .

(The Record read as before.

JOHN OWEN sworn.

I recollect the prisoner.

JOHN BRADY sworn.

I apprehended the prisoner.

Did he make any resistance? - None at all, he resurrendered peaceably and quietly.

THOMAS BRADBURY sworn.

I know the prisoner, he was one of them, I do not know any part he took, I did not recollect him at the time.

Did you see him get into the boat? - No.

You only know him then from your musters, and from seeing him here? - That is all.

Prisoner. I have nothing to say.

GUILTY , Death .

The above Five were tried by the second Middlesex Jury, before Mr. Deputy RECORDER.

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-12

606. JOHN BIRCH was indicted for returning from transportation, and being found at large, on the first of September last, without any lawful cause .

(The Record read as before)

JOHN OWEN sworn.

I remember the prisoner at the bar in April 1782, was convicted of horse stealing, I am not mistaken as to his person, I remember his pleading to his pardon, but I cannot recollect particularly the time, he is the same person that was tried for horse stealing.

GEORGE PEARCE sworn.

I know the prisoner, I apprehended him on the first of September at the upper end of Tunbridge-town.

Did he make any resistance? - None at all.

THOMAS BRADBURY sworn.

Was the prisoner at the bar one of those you had to be transported? - Yes.

Was he particularly active in this business, or how did he behave? - I do not recollect he was, I do not recollect his being any ways active.

Prisoner. I have nothing to say.

GUILTY , Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-13

607. CHARLES WILSON was indicted for returning from transportation, and being found at large, on the 1st of September , without any lawful cause .

The Recorder read as before.

JOHN OWEN sworn.

Court. Look at the prisoner, do you remember his conviction? - He was capitally convicted in July 1782, I brought him to the bar, for I remember his accepting the King's pardon upon condition of being transported, I delivered him and others on the 11th of January on board the hulks.

TIMOTHY MOON sworn.

I apprehended the prisoner.

Court. How did he behave at that time, did he surrender himself peaceably? - Very peaceably.

THOMAS BRADBURY sworn.

Was this man one of these that were delivered to you? - Yes.

How did he behave, did he take any active part? - Not that I saw.

Prisoner. Have mercy upon me, I have been a long while in prison.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-14

608. WILLIAM BRADBURY was indicted for returning from transportation, and being found at large on the 1st of September , without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Do you know Bradbury? - Yes.

Do you recollect his being in the court before? - Yes, in 1782.

Do you remember his being ordered to be transported for seven years? - Yes.

GEORGE PEARCE sworn.

I apprehended the prisoner at the bar.

What was his behaviour at the time? - He behaved very well.

He did not resist, but behaved very quietly? - Very easy, my Lord, he made no resistance at all.

THOMAS BRADBURY sworn.

This man was one of the convicts, he was not a ringleader, he was always quiet on board.

Prisoner. Having been so long in confinement, I took the liberty of going into the boat.

The last three were tried by the second Middlesex Jury before Mr. DEPUTY RECORDER.

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-15

610. ABRAHAM HYAM was indicted for returning from transportation and being found at large, on the 31st of August last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Do you remember seeing the prisoner here in April last? - Yes.

What for? - For stealing the property of Mr. Natham, he was tried and convicted, and his sentence was to be transported to America for seven years.

Are you sure you are not mistaken? - Yes.

THOMAS BRADBURY sworn.

Do you remember him? - Yes.

Who was he brought by? - By Mr. Akerman or some of his people.

Was he one that made his escape? - He was, I saw him in the boat, and missed him afterwards.

Did he take any active part? - Yes, in securing the arms, and hoisting the boat out to make his escape.

WILLIAM CATCHPOLE sworn.

Where did you apprehend him? - At a private house, in Still-alley, near Devonshire-square, three more were with me.

Prisoner. I have no defence, but beg for mercy.

GUILTY , Death .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-16

611. WILLIAM MATTHEWS was indicted for returning from transportation and being found at large, without any lawful cause .

( The Record read as before.)

JOHN TOWNSEND sworn.

I am servant to Mr. Akerman.

Do you recollect the prisoner at the bar? - I know him very well.

Do you remember him here in July sessions last? - Yes, very well.

On what occasion? - He was brought to be tried for stealing some pigeons, I was in Court at his trial.

What was the sentence? - To be transported for seven years.

THOMAS BRADBURY sworn.

Do you recollect the prisoner? - I do, perfectly well, he was brought with the rest on the 16th of August.

Was he amongst them that took possession of the ship out of your hands? - Yes, he was amongst them.

Was he one that got into the boat? - He certainly was, for when I came to muster the rest he was missing.

JONATHAN REDGRAVE sworn.

I am constable of St. James's, Clerkenwell; I apprehended the prisoner in Onslow-street , Isaacs and Seasons were with me, there were about seven all together, one of them has been convicted, and two or three women.

Did the prisoner and the other men make any resistance? - Yes, one cut Mr. Seasons over the head with a poker.

Had they any arms? - The prisoner had a long knife.

Did they make any resistance? - Yes, I

desired they would not attempt to resist for they must be taken, and they swore they would not.

Did you receive that cut from any of them? - I did, but I cannot tell from whom, because at the same time, I received a violent blow on the back part of my head which stunned me.

WILLIAM SEASONS sworn.

I went into this house where Mills lived, that was executed; I went up stairs, there were three of them up stairs, I made a stroke at the prisoner with a cutlass; Godby gave me a blow, Millington came up and said, damn his hand, cut it off.

- ISAACS sworn.

I remember this man with a knife.

Did he attempt to wound Redgrave? - He did.

GUILTY , Death .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-17

612. THOMAS MILLINGTON was indicted for returning from transportation and being found at large, without any lawful cause .

(The Record read as before.)

JOHN TOWNSEND sworn.

I know the prisoner very well? - Where did you see him? - I saw him last April sessions, he was tried before this Court, for stealing a quantity of muslin and other things.

What was his sentence? - He was sentenced to be transported to America for seven years.

Was you in Court at the time? - I was, he is one of the people I took down to the ship.

THOMAS BRADBURY sworn.

The prisoner was one of the men, delivered to me.

Was he amongst them that secured the arms? - I do not know, he was amongst the rest that went away.

JONATHAN REDGRAVE sworn.

I apprehended him in Onslow-street, in company with the other two men, Thomas and Matthews.

PRISONER's DEFENCE.

I have nothing to say; my heart is quite broke.

GUILTY , Death .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-18

613. JOHN WELCH was indicted for returning from transportation, and being found at large, on the 1st of September last , without any lawful cause.

(The Record read as before.)

JOHN OWEN sworn.

Court. Look at the prisoner, do you recollect his being here before? - Yes, in September sessions, 1782.

What was he than indicted and convicted for? - Stealing pots and coppers.

ROBERT CLARKE sworn.

I apprehended the prisoner, near Tunbridge, he behaved very quiet indeed.

THOMAS BRADBURY sworn.

Do you recollect the prisoner among those convicts? - Yes.

How did he behave? - Very well, as far as I saw.

He did not take an active part, in securing the arms? - Not that I saw.

PRISONER's DEFENCE.

I am guilty of what is laid to my charge, in returning from the ship, it is now fourteen months since I went on board, I dare say Mr. Akerman will give me a character.

GUILTY , Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-19

614. RICHARD PARTRIDGE was indicted for returning from transportation, and being found at large, on the 1st of September last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

I recollect the prisoner being here before, in April, 1783.

He was then convicted in this Court, under the Record that has just been read? - Yes.

Is he the same man? - Yes.

ROBERT CLARKE sworn.

I apprehended the prisoner at Tunbridge.

Did he make any resistance? - No.

He surrendered himself very peaceably and quietly? - Very peaceably.

THOMAS BRADBURY sworn.

I remember this man.

What was his behaviour? - His behaviour was well enough, as far as I saw.

He was not remarkably active, was he? - Not as I know.

Prisoner. I leave myself to the mercy of the Court.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-20

615. CHARLES KEELING was indicted for returning from transportation, and being found at large on the 1st of September last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

Look at the prisoner, do you recollect him? - Yes, in April sessions, 1783.

He was then tried under the Record that has just been read? - Yes.

DAVID HINDES sworn.

I apprehended the prisoner at Ashbourn, in Kent .

Did he make any resistance, or did he surrender himself quietly? - Very quietly.

THOMAS BRADBURY sworn.

I remember the prisoner amongst those that I had to transport.

What was his behaviour? - Very good, I believe he was brother to Robert Keeling .

Did he assist in writing that memorial, and getting the people to subscribe to it? - I believe he did, it was either he or his brother.

Prisoner. I only refer to my good behaviour to him, while he was in possession of the vessel? - Very well, he conducted himself well afterwards.

PRISONER's DEFENCE.

There is no doubt of my being here at large, when I found my destined place was for Africa, and my sentence was to America, we understood all of us, my Lord, which was the reason of our first opposition, and the cause of our first reluctance that we were to go to Africa.

Court. You could not easily conceive that? - Some of the men informed us that our destination was for Africa; if they could not dispose of us in America, they were to dispose of us in Africa.

Court to Bradbury. Was there any thing of that kind given out? - Not to my knowledge, not a word.

Prisoner. At the time of our going, it was a doubt, whether they would accept of us at America, or not, and if not, we were to be sent on shore at Africa.

Court. You know that the contractors always give a bond to deliver the prisoners, and to receive a certificate that he has delivered them.

Prisoner. They said they were to leave us where they pleased.

GUILTY Death .

These three were tried by the second Middlesex Jury before Mr. DEPUTY RECORDER.

Prisoner. My Lord, there is one David Hart has been accused as a ringleader; I declare, he was not upon deck at the time the vessel was taken, if I was to leave the world to-morrow.

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-21

616. WILLIAM BLATHERHAM was indicted for returning from transportation, and being found at large on the 15th of September last, without any lawful cause .

(The Record read as before.)

SAMUEL HARPER sworn.

I live in Kingsland-road, I recollect the prisoner.

You are sure of it? - Yes.

Was you at the apprehending of him? - I was, I saw him at the Bell and Grenadier in Montague-street , about half after six yesterday evening, I and two more apprehended him.

Did he make any resistance? - No, he behaved very well.

THOMAS BRADBURY sworn.

Is this one of the men that returned from the ship? - Yes, I perfectly recollect him.

What part did he take in that business? - He was among the rest.

Was he more active or passive? - I do not know rightly, he was among the rest, I believe he had a pistol or something of that kind with him.

Was he one of the ringleaders? - No, Sir.

Court. Was any one compelled to go, or were they all volunteers? - They were all volunteers, there was none compelled to go, there was one man refused to go, which was taken up last night, I heard him swear he would not go, but he went at last, they persuaded him.

JOHN OWEN sworn.

Look at the prisoner, do you recollect him? - I do, he was convicted in February sessions, and he was sentenced to be transported for seven years; on the 16th of August I took him with others down to the Swift, I delivered him to the care of the Captain and the mate Mr. Bradbury.

Prisoner. Please to ask Mr. Bradbury whether I used any body ill; I never did.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-22

617. JOHN MURPHY was indicted for returning from transportation, and being found at large on the 1st of September , without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

I perfectly recollect the prisoner, he was convicted to be transported for seven years.

THOMAS HARVEY sworn.

I am a shoemaker, I apprehended the prisoner at Hawkhurst in Kent , three of four more were with me.

Prisoner. My Lord, I only beg he will mention my behaviour at the time he took me? - He gave himself up quietly.

Are you sure you are not mistaken in the person? - No.

THOMAS BRADBURY sworn.

Was this prisoner one of those that was delivered to you? - He was.

Was he active or passive? - I do not recollect seeing him have any hand in the disturbance when they made the rush; he was always a quiet inoffensive man.

Prisoner. I would wish to ask Mr. Akerman how I have behaved since February last.

Mr. AKERMAN sworn.

During the time he was a prisoner with me, he was always a quiet, sober, wellbehaved man, and I wished the poor man well, he was here to receive some favour, he behaved exceedingly well, not only from my own knowledge, but from all my servants.

Jury. My Lord, I have known his master give him one of the best of characters, notwithstanding he prosecuted him.

GUILTY Death .

Court to Jury. Gentlemen of the Jury, with respect to yourselves, there is no variance in the case, I shall make minutes of all these different favourable representations.

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-23

618. NATHANIEL COLLIER was indicted for returning from transportation, and being found at large on the 1st of September , without any lawful cause .

(The Record read as before.)

JOHN TOWNSEND sworn.

I recollect the prisoner very well.

Do you recollect his being indicted for a felony? - Yes, he was convicted.

What was his sentence? - Transported seven years.

JOHN AVERY sworn.

I live at Torrington in Kent, about thirty miles off, on the Canterbury road, I remember the prisoner, I was among those that apprehended him.

How many were concerned? - Three besides me.

Did the prisoner make any resistance? - No, very little.

Was any body with him? - There was one man with him under the same circumstance.

Did they attempt to make any resistance? - No, we surrounded them.

Had they any arms? - A couple of clubs or bludgeons, or that like.

Did they offer to strike you? - No.

THOMAS BRADBURY sworn.

I remember the prisoner.

What part did he take? - I do not know any particular part that he took.

He was not particularly active? - Not as I saw.

PRISONER's DEFENCE.

I hope my good behaviour will be in my favour, I did not behave amiss whilst in gaol, nor on board the ship.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-24

619. WILLIAM COMBES was indicted for returning from transportation, and being found at large on the first of September last, without any just cause .

(The Record read as before.)

JOHN TOWNSEND sworn.

I recollect the prisoner, he was the person that was tried in January sessions.

You are sure you are not mistaken in him? - I am sure of it.

You attended him to the vessel? - Yes.

JOHN AVERY sworn.

This is the person I found in company with Collier.

Did he make any more resistance than Collier? - No.

THOMAS BRADBURY sworn.

Look at the prisoner, do you recollect him? - I do, I did not observe any particular violence, I did not observe him as I recollect.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-25

620. ANDREW DICKSON was indicted for returning from transportation, and being found at large on the 1st of September last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

I recollect the prisoner, he was the person that was transported in April sessions last.

RICHARD TAYLOR sworn.

I apprehended the prisoner, I am an Innkeeper, I took him to the George, at Lamrey's, in the parish of Hawksworth, about eight miles from the Rye-road.

Did the prisoner make any resistance? - He did not, there were three of them.

Were the other two escaped convicts? - Yes.

Did they make any resistance? - None at all, they behaved as well as could be expected, from men in their unhappy situation, and I am very sorry for them.

THOMAS BRADURY sworn.

Was the prisoner one of those convicts that you had to transport in the Swift? - He was.

Do you recollect whether he was particularly active in this business? - No, my Lord, I do not.

You do not recollect his offering any particular violence? - No.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-26

621. JOSEPH PENTECROSS was indicted for returning from transportation,

and being found at large, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

I recollect the prisoner, he was sentenced to be transported.

RICHARD TAYLOR sworn.

I recollect the prisoner, he was one of the five I took, I apprehended him at Hawksworth in company with White.

Did he make any resistance? - None, he behaved as decently and as civily as people in that situation could: they stopped immediately, and gave themselves up, and confessed before the Justice, that they were such people.

THOMAS BRADBURY sworn.

Was the prisoner amongst those that you had to transport? - Yes.

Did he take any extraordinary active part in procuring the arms, or seizing the ship? - I do not recollect he did.

GUILTY Death .

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-27

622. GEORGE NASH was indicted for returning from transportation, and being found at large on the 1st of September last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

I recollect the prisoner, he was tried in April sessions last.

Are you sure of that? - I am positive of it.

RICHARD TAYLOR sworn.

I apprehended the prisoner with the other two at the same parish of Hawkhurst .

Did he make any resistance? - None.

He behaved quietly and soberly? - Yes.

Who was he in company with? - Dickson and Gaffney, White and Pentecross were together.

THOMAS BRADBURY sworn.

The prisoner was amongst those I had to transport.

What part did he take in this business? - I do not remember any particular part.

He was not one of the ring-leaders? - Oh! no, my Lord.

He was not guilty of any act of violence? - No.

GUILTY Death .

These Six were tried by the London Jury before Mr. DEPUTY RECORDER.

[Pardon on condition of Transportation. See summary.]

Reference Number: t17830910-28

623. NICHOLAS BONNICK was indicted for returning from transportation, and being found at large on the 1st of September last, without any lawful cause .

(The Record read as before.)

JOHN OWEN sworn.

(Produces the certificate under the act of parliment to the clerk of the peace.)

CHARLES LISKE sworn.

Did you see Mr. Vaughan, the clerk of the peace, for the city and liberty of Westminster, sign that certificate? - I did.

That is his hand writing? - It is.

(The Certificate read.)

Court to Owen. Do you recollect the prisoner at the bar? - Yes, he was brought in December sessions from Westminster.

Was he the person that was tried under that record? - Yes, I delivered him on board the hulks the 11th of January.

You was not at Westminster at the time he was tried? - No.

You do not know that he was the man that was tried there? - I know he was the man that came with that order? - This was the man that you received under that order? - Yes.

That was brought down from Westminster, by an order granted on that conviction? - Yes.

Court. Is nobody here to shew that he was the person that was convicted at that sessions?

Mr. Chetwood. Somebody was tried, he must be identified.

Nobody appearing that was present at the time of the trial, the prisoner was ACQUITTED .

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

Court to Prisoner. Are you the same man that was tried at Westminster, and brought down here? - Yes.

Court. Then he must be continued under safe custody, and at the next sessions, for the city of Westminster, be taken before the Justices there, and his person identified.

The trials being finished, the twenty-four capital convicts for returning from transportation, on board the Swift, were called to the bar, in two companies, when Mr. Deputy RECORDER, addressed the following eleven in these words:

Christopher Trusty , Abraham Hyam , William Matthews , Thomas Millington , William Blatherhorn , John Murphy , Nathaniel Collier , William Combes , Andrew Dickson , Joseph Pentecross , and George Nash .

You the several prisoners at the bar, have been convicted of returning, and being found at large, after the sentence, and within the period of your respective terms of transportation, this is an offence, which in ordinary instances the law punishes with death, and is in your cases attended with peculiar circumstances of aggravation; it is not the offence of a single person quietly endeavouring to elude the laws of his country, and to set himself at large, but the violent combination of numbers to arise on the Captain, to take possession of the ship by violence, and to set themselves at liberty; offences thus aggravated may call for an exemplary and speedy punishment, and the interval allowed you between pronouncing your sentence, and the execution of it may be very limited: You will do well, therefore, immediately to awaken in your hearts those dispositions, which are best calculated to obtain the favour of the Almighty, to turn immediately from an offended and an unforgiving world, to a Being infinitely just, and infinitely merciful, with the recollection however, that his mercy can only be obtained by a just sense of your faults, which is the surest and most sincere ground of true repentance: You will reflect that you will soon appear before one, to whom all hearts are open, and from whom no secrets are hid; at a triburnal that judges from the hidden motives of the heart, and not as human judicatures, from actions and open effects of them! Your repentence and contriction, therefore, must be sincere, with the wish that you may employ the short remains of life, that will be left you to the obtaining everlasting Salvation; the Court pronounces the dreadful sentence of the law upon you; the sentence of the law is, and this Court doth adjudge, that you be respectively hanged by the necks until: your are dead: And may God have mercy upon your souls!

The following thirteen returned transports were brought to the bar, and sentence passed on them, by Mr. Deputy RECORDER, in the following words:

Charles Thomas , David Hart , John White , Samuel Read , David Kilpack , John Kellan , otherwise John Herbert Keeling, Thomas Briant , John Birch , Charles Wilson , William Bradbury , John Welch , Richard Partridge , and Charles Keeling .

You, the several prisoners at the bar, have been tried and found guilty, of returning and being found at large after your sentence, and within the terms of your respective transportations; your offences have been attended with very singular, and with very aggravated circumstances, and as they may call for sudden and for speedy justice, the Court have thought it right to single you from the rest of the convicts, and not to defer pronouncing your sentence till the day of the goal delivery; but as your executions may be sudden, to give you as early and as long a time for preparation, as is within the power of this Court; the rest will depend upon his Majesty's mercy. You will consider, that the faults of some of you, are very considerably increased, from your having experienced that mercy already, as the sentence of transportation itself, to some of you, who were capitally

convicted, was rather a condition of that mercy, than a mode of punishment: You will consider likewise, that it is not the offence of a single individual, but the offence of numbers who have violently arisen upon the Captain, taken possession of the ship, and in defiance of the laws of their country, and in elusion of its executive justice, have set themselves at liberty: Under these circumstances therefore, it is more than probable, that his Majesty's pleasure for your execution, will be very shortly notified; it behoves you therefore to improve the short interval that is left you, and having forfeited the peace of the world, to obtain the peace of the Almighty: You will remember however, that that peace is to be obtained only by sincere repentance, contrition, and prayers, and that these have no efficacy, unless they are founded upon a just, and in this instance, the deepest sense of guilt. With a recommendation to you, to awaken and confirm in yourselves those dispositions, which are most likely to obtain the pardon of an all just, and an all-merciful Deity, the Court pronounces the dreadful sentence of the law upon you. The sentence of the law is, and this Court doth adjudge, that you be respectively hanged by the necks until you are dead, and may God have mercy upon your souls!

Reference Number: t17830910-29

623. THOMAS COMPTON otherwise COLEMAN , and ANN his wife , otherwise called ANN COMPTON, otherwise COLEMAN spinster , were indicted for burglariously and feloniously breaking and entering the dwelling house of Joseph Clarke , on the 28th of March last, about the hour of twelve in the night, and feloniously stealing therein, ninety-eight yards of printed cotton, value 12 l. ninety-eight yards of printed linen and cotton, value 11 l. forty-two yards of other printed linen, value 31 l. 10 s. two hundred thirteen yards of Irish linen, value 13 l. thirteen yards of diaper cloth, value 19 s. sixty-nine silk handkerchief, value 14 l. one cotton half handkerchief, value 15 d. forty-three cotton handkerchiefs, value 5 l. twenty-four linen handkerchief, value 3 l. fourteen yards of plain lawn, value 40 s. twenty-four pair of worsted stockings, value 40 s. sixty-nine yards of figured lawn, value 10 l. thirteen stuff petticoats, value 4 l. 17 s. sixteen pair of mens leather shoes, value 4 l. six pair of womens shoes, value 21 s. eighteen yards of flannel, value 1 l. 7 s. one hundred and thirty yards of silk ribbon, value 3 l. 5 s. thirty-four yards of black lace, value 4 l. ninety-eight yards of white thread lace, value 10 l. one hundred and twenty-eight yards of worsted gartering, value 16 s. and four pounds weight of worsted, value 8 s. the property of the said Joseph Clarke in his dwelling house .

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

JOSEPH CLARKE sworn.

I live in Green-street , Kentish Town, I am a surveyer or measurer, and carpenter , my wife carries on the business of a haberdasher, my house was broke open, in the night of the 28th of March, 'twas through a brick wall, and the things mentioned in the indictment taken out, I was not at home when the robbery was committed, my daughter and my wife were at home.

LUCY CLARKE sworn.

I am daughter to the last witness, I went to bed about eleven o'clock at night, the wall was safe, and every door in the house shut; I got up about six and went into my shop, and there was a hole broke through the wall, there were neither doors nor windows touched, but only a hole broke through the wall; there were a great quantity of things taken out, the hole was behind the door, the wall was a common thickness; I do not know the thickness, it was a brick wall, and the things were stolen that were in the indictment: these things now produced were taken in the woman's apartment, on the 5th of April fast, we had a letter by private information, that led us to the house, and there I found these things, there are all the things that we found, here are some with my mark on them, here is a silk handkerchief that Mrs. Compton concealed under the child's petticoat, and Mr.

Macmanus took it out, I am sure these things that I produced my are father's, I and were in the house the 28th of March in the morning.

What was the value of the things you lost? - About one hundred pounds, here are shoes, and ribbons, and a piece of linen and lawn.

Jury. With respect to the handkerchief you found underneath the child, was there your mark upon it? - No, Sir, there was no mark upon it.

Whether you can positively swear to the handkerchief? - I do not say it was the same that was taken from our house, it was the same sort.

Court. Where abouts were the other things found? - In a drawer in this woman's apartment.

PARTRICK MACMANUS sworn.

I went to search the prisoner's lodgings, and found the things that are in these papers, I took the list myself, I carried the things to my house, I had them for about a fortnight, and Sir Sampson desired me to keep these papers, and give up the things, I told her to keep the things that were marked; I took Compton out of that place before for sheep stealing, and he was admitted an evidence here.

JAMES BAYLEY sworn.

I live in Sparrow's-rents, I wrote the letter, there had been an alarm of some goods, that had been brought into the house in Sparrow's-rents, I cannot tell who saw them, the prisoner lodged there then, and the woman with him; I remember Macmanus, and Mr. Clarke coming there, I cannot say, whether Coleman had been at home that morning, I heard on Wednesday the 2d of April, that Mr. Clarke had lost a number of goods, and I thought it might be the same.

Court. What did you see yourself? - Nothing.

Did the prisoner come back to his lodgings? - No.

HANNAH BAYLEY sworn.

I am the wife of the last witness, I know the prisoner, he lived in Sparrow's-rents I never saw them bring any thing in, I saw Mrs. Coleman bring a bundle out of Mrs. Marshall's house, about a yard in length, she did not lodge in that house.

Court. Do you know what was in the bundle? - No.

- WOOLLEY sworn.

I am landlord of this house in Sparrow's-rents, I let it to the woman, she paid the rent, they lived together.

Who had she the money of? - I believe one time she had the money of him.

JAMES DAWES sworn.

On the 28th of March, as I was coming to town about one o'clock, I met three men coming along just against the Newchapel, Kentish Town, about a furlong off.

Did you take any notice of em? - No otherwise then seeing them; I did not take any notice of their faces.

What had they with them? - They had all bundles.

Look at that man? - He may be the size very possibly with respect to height, but I did not look at the face, I had no thought of any thing of the kind not till the morning following.

PRISONER THOMAS COMPTON 's DEFENCE.

I have one witness to tell you how these things came into my room, but I beg of you to hear me first; I have a bad character they say, by my being a sheep stealer, I suffered the law for that, I hope, I am not to suffer every thing through that; I was in the country when this thing happened to my wife, my wife sent me word down that she was in goal by a man having left these things in my room, I never saw the things with my eyes, no ways in the world till I see them now, but my wife as she had made her bed, she must lay upon it; my wife can tell how she came by these things, I cannot; there is a girl that they took up to the Justice's eight times, and offered her money, if she would swear my life away, I asked a waggoner to stay up

till my trial came on, and he said, if I could pay a man to go down with his waggon, he would stay, but we have not a farthing, and three small children in goal.

PRISONER ANN's DEFENCE.

I washed for a man named Samuel, and he asked me to make him a couple of shirts, I said I believe I can, I made one of the shirts according to promise, and he left a bundle, says he, here is a petticoat and some things that I have bought for my sister, who is distressed, and three small children, I wish you would bind up the petticoat, and make up the frocks, I bid him put down the things, accordingly I made the shirt, and of a Saturday they came and took the things away.

Macmanus. My Lord, this man that she speaks of never was seen again.

Prisoner Ann. I told the gentleman directly where this man lodged.

Court to Macmanus. Do you know when Thomas Compton was at home? - That morning his child came in, and I asked him if his daddy was at home, he said he was at the publick-house.

Mrs. Bayley. He was in the open court on the Saturday, when the things were found in his lodgings, I saw him myself.

Jury to Macmanus. Did you go to the publick-house? - I went, the landlord said he was just gone, having had six-penny worth of brandy and water.

Prisoner. Lord forgive you, I never drank six penny worth of brandy and water in my life.

THO. COMPTON, ANN COMPTON ,

NOT GUILTY .

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

Reference Number: t17830910-30

629. The said THOMAS COMPTON, otherwise COLEMAN was again indicted for feloniously stealing on the 2d of August last, 16 live ducks, price 20 s. the property of John Morgan .

SARAH MORGAN sworn.

I am wife to John Morgan , we lost sixteen ducks on the 2d of August, we live at West-end , these men that are here found the ducks upon the prisoner.

WILLIAM PICKERING sworn.

I know the prisoner, on the 2d of August, about five in the morning, I saw the prisoner and another man who escaped, I was in a field the back of Welling's farm, the other side of the New-road, just above Marybone turnpike, and I took the prisoner.

Prisoner. Why do you not tell the truth and say who was with me?

Court. Did you take the prisoner with the ducks upon him? - The ducks he dropped when I stopped him, I saw him with them in his hand, and he carried them some way before he dropped them, Mrs. Morgan saw these ducks at the Rotation office in Litchfield-street.

Court to Mrs. Morgan. Can you be positive to these ducks being your husband's property? - Yes, I have sworn to them, and they are here now.

When did you see them? - The night before, I saw them fastened up in their pen.

PRISONER's DEFENCE.

There was another man that run away from me, I had been down to Kilburn with the waggon, the waggoner staid for his bills, and I went down on the other side Kilburn turnpike, he gave me a shilling for going with his waggon, I was coming home the nearest way and overtook this man, and I walked side by side with him till I came to the ditch, and in getting over the ditch, he asked me to lay hold of the basket, and these two men came up, I heard the ducks quack, and thought it would fall on me, so I ran as well as him, I did not know the man, I did not steal them, I have no witnesses.

JOHN WILSON sworn.

I saw the prisoner at the bar with the bag on his shoulders, in the field in Mr. Welling's farm, the back of his house, we saw

him and another stand together, and they made off round the hedge, I said to Mr. Pickering, them look like two suspicious persons, we saw the prisoner walking with the bag on his shoulders three or four hundred yards, we pursued after him, and when he saw me come to the top of the third field, he goes over the ditch, and there they threw them down, he threw down the bag, and the other man threw down the basket, we took him about three or four hundred yards off, when he dropped them, I saw him drop them and pull his shoes off, he had his shoes off when we took him.

GUILTY .

Transported for seven years .

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

Reference Number: t17830910-31

626. JOSEPH SCOTT (a Black without feet) was indicted for that he, well knowing that one Alexander Scott had lately served our lord the King as seaman , on board the Cornwall, and that certain wages was due to him for his service, on the 15th of January last, with force and arms, feloniously did forge and counterfeit, and cause and procure to be forged and counterfeited, a certain letter of attorney, with a certain mark thereunto set, purporting to be the mark of the said Alexander Scott , in order to receive the said wages, due to the said Alexander Scott .

A second Count for uttering the same, knowing it to be forged, with intent to defraud our lord the King .

A third Count the same as the second, with intent to defraud Welbore Ellis , Esq .

HENRY CREMER sworn.

I am a victualler, I live in Birch-lane, Spittlefields; the prisoner came to my house about one or two o'clock at noon, I cannot say the day.

What month? - I cannot tell particularly indeed, I did not take notice, it was some time before I went before my Lord Mayor.

What did you go before the Lord Mayor? - I cannot tell, I cannot read writing, I can read a little print.

Did you go before the Lord Mayor? - Yes.

What did you go for? - To have his power signed.

Did he tell you what his name was? - Yes, he said, his name was Joseph Scott , I gave Mr. Phillips the power to fill up and execute, he filled it up in the name of Alexander Scott .

By whose directions? - By the prisoner's directions, he said, his name was Alexander Scott .

Jury. You said just now, he said, his name was Joseph Scott , now you contradict yourself. - He said, his name was first Joseph Scott , but he said, it might be a mistake, it should be Alexander, they called him any thing, he described himself as Alexander Scott , of the Cornwall, I know the man well, he was three months in my house, my Lord Mayor signed the letter of attorney, Mr. Hooper received the money for me, I gave it to him, he paid me the money, it was forty-two pounds I think, and I paid this black fellow, and I took a receipt, he came and made a riot about my door, and brought a hundred people about my house.

Court. What was the amount he paid you? - Forty-two pounds, and I paid it to the prisoner, there is a man here, who asked him over and over, if he was satisfied, and he said, yes, he had got all the money.

Court. You are a victualler in Birch-lane? - Yes.

Do you take people to board and lodge? - I do not make a practice of it.

I think you say the prisoner was with you three months? - Yes.

How came you to receive the prisoner for three months, if you do not make a practice of it? - He was recommended to me by one that was in the hospital.

Who was that person in the hospital, that recommended him to you? - One Swann, he has got his cure and is gone to sea again, as far as I can learn.

FRANCIS PHILLIPS sworn.

You know the prisoner? - Yes, I believe he is the same man, he came to me with

Mr. Cremer, under the name of Alexander Scott.

Did you see him make his mark? - Yes, and the description of the mark is my hand writing, this is my Lord Mayor's hand writing.

Jury. Do you positively swear to that being the man? - Yes.

There are more black men without legs, in the city of London? - That is the man.

EDWARD HOOPER sworn.

Court. I believe you are the gentleman to whom that power was given by Mr. Cremer? - I am.

What is your business, Sir? - An agent.

Did you ever see the prisoner, after you had had that power of attorney? - Not till after I received the money and paid it long.

In what name did he appear to you? - He came to me in the name of Alexander Scott , with a note, enquiring from the books, having found that the money was charged to me, as it usually is to Edward Hooper , for such a one attorney, he came to me with a bit of a remark made on a piece of paper; I cannot say whose writing it was, I opened my journal and said, it is true, I have received forty pounds three shillings and sixpence, and I have paid it.

Then the prisoner came to you from the books, and in the name of Alexander Scott ? - He did.

You had paid the money to Cremer? - I had, as we always do.

Did you tell the prisoner so? - Yes, Sir, and what is very remarkable, I was struck with the man from his infirmity, and I gave a coachman a shilling to drive him to Cremer's that the account might be settled; I am perfectly sure that is the man.

Prisoner's question to Cremer. So far from this being the will and power that I gave to him, this is not the will and power that he drew the money with, but he got another will and power himself and drew the money; pray Mr. Cremer, when you came to me in Guy's Hospital, Swann sent for you to come to me, to receive this money for me, when you asked me my name, what did I tell you? - You told me Joseph.

Court. When was it he told you his name was Joseph? - The first time I was acquainted with him, when he first asked me to get his business done.

Court. Then he told you his name was Joseph? - Yes, then I went and told him there was no such name as Joseph Scott , then he said, it might be a mistake in the ship's clerk, says he, my name is Alexander Scott .

How long had he lived with you under the idea, that his name was Joseph before he contradicted himself? - About a month or two.

He lived with you a month as Joseph Scott ? - Yes.

Then how came you to go with him to the Lord Mayor afterwards.

He said that how it was a mistake of the clerk that belonged to the ship, that they might put him down so, that was the reason, that is all I had to go by, that they made mistakes often, and put down their names wrong.

Jury. Then his name is Joseph, is it? - I do not know what his name is, he has gone by several names, he has been an imposter this twenty years.

Prisoner. When he got them will and powers from me, it was signed Joseph Scott , I gave it to him, and he went to the Navy Office and overhauled the books, he came back and said, Joseph, there is no such name, and he told me, I must turn my name to Alexander Scott , or else I should not get this money? - No such thing my Lord, I said no such thing, he said, it was a mistake in the ship's books.

Court. How came you to go with a man to the Mayor, and so easily assent to the man's signing his name Alexander Scott , who had so long been known to you by the name of Joseph Scott , merely by his telling you that it might be a mistake, did you mention before the magistrate that this man had passed by that name? - I did not mention it, I was not acquainted with that business.

Court. And till this occasion, till he wanted to receive this money, he always went by the name of Joseph? - Yes.

How long is it since you have heard that this man, as you say, had a bad character; as a common imposter? - It is about three weeks, the man is here to relate what was told him.

Have you heard he has had a bad character this three or four months? - No.

Swann, you say who recommended him to you is gone to sea? - Yes.

Had you heard any thing to his prejudice at the time he was recommended to you? - No, I did not, I have only heard it within this month, since he took the money and went down to Portsmouth, he went by the name of Joseph Scott at Portsmouth, and has been making of powers there to a Jew.

Jury. Did he owe you any money? - Yes, I advanced him some money.

How much? - I cannot say particularly.

Endeavour to recollect? - I have lent him in the hospital a few shillings at a time.

How much in the whole? - I gave it to him all, and he gave me a receipt as nigh as I could calculate.

What balance did you pay him? - The last money was five guineas.

How much did you receive of Mr. Hooper? - Forty pounds.

How much of this money did you actually pay the prisoner? - I paid it him all, five guineas was the last payment, and before I gave him six guineas, and two guineas he got of my wife while I was at Portsmouth, he came and borrowed it, and the rest in expences that I think, to the best of my knowledge, he has had the whole money.

What, was the debt incurred by lodging and boarding with you, how much money? - I charged him half a guinea a week for his board and beer, he had besides to the amount of eighteen pence or two shillings a day.

Jury. You did not take a particular account? - No.

Jury. Do you mean to say that you cannot give an account how much your bill amounted to? - My wife and me calculated it up.

Court. How much did the man owe you when he went to the Mayor to receive this money? - About a dozen or fourteen shillings to the best of my knowledge.

How long had he been with you then? - Not at all, he was in the hospital, I used to carry him two or three shillings to help him.

How long did the prisoner live with you after signing this power of attorney? - It was some time, a great while before he came to live with me.

How long did he lodge with you after receiving the money? - As nigh as I can calculate it was near three months.

Prisoner. How many months did I board with you? - Three months.

Prisoner. I can make it appear it was only three weeks; you only say this Mr. Cremer to save yourself, but though I am a black man and a prisoner, I will speak the truth, I only boarded with him three weeks.

Court. How long did he board with you? - Three months.

GEORGE PALMER sworn.

Did you see that receipt signed by the prisoner at the bar? - By all means.

Did you? - He is the man that signed the receipt.

Did he sign it by the name of Alexander Scott ? - Yes, he put his mark to it, and I read the receipt to him two or three times.

Who wrote Alexander Scott to that mark? - I wrote it.

Did you write the name of Alexander Scott by his direction, and with his privity? - He was sensible of it.

Give me a direct answer? - I did not know his name whilst he told it me.

Did he tell it you?

Jury. Did not Mr. Cremer tell you his name was Alexander Scott ? - Both of them positively.

Did the prisoner receive five guineas? - He did.

Court. Remember you are upon your oath, this is a very serious charge, affecting a man's life, and it is necessary that the whole truth should come out, the prisoner may not be at all less guilty, for any par

that Mr. Cremer may have taken in this business, but it is necessary the jury should know the whole of this business? - I am upon my oath, Mr. Cremer possibly might say his name was Alexander Scott , but before ever the prisoner signed the receipt, the receipt was read over to the prisoner in the name, and it was wrote Alexander, and as such he signed it.

Was the receipt read over to the prisoner by the name of Alexander Scott ? - It was so.

WILLIAM WITWELL sworn.

You put your name to that receipt? - Yes.

Was you present when the prisoner made his mark to it? - No, Sir.

What did you witness then my lad? - I will tell you, Mr. Cremer called me in by accident, and so I went backwards, and there was the prisoner at the bar and two or three more, and I asked the prisoner, have you got your full demands for the money, or whether this was his mark, I did not see him take the money, nor I did not see him make his mark, I read it to him, I would not sign my name to it till such time as I was convinced it was right.

(The Receipt read.)

"Received July the 21st, of Mr. Henry

"Cremer, the sum of 5 l. 5 s. in full of

"demands by me Alexander Scott , his

"mark, George Palmer , Wm. Witwell ."

EDWARD CLARKE sworn.

I am a clerk in the Navy Office.

That is the book that these payments are made from? - Yes.

Is there any man of the name of Alexander Scott in the Cornwall? - There is one, his wages appear to be paid as seaman 40 l. 3 s. 6 d. paid to the twenty-six of February, 1783.

" Edward Hooper , for Henry Cremer attorney."

Was there any seaman of the name of Joseph Scott , belonging to the Cornwall? - I have looked diligently over, and I do not find any.

Alexander Scott being not considered by the Court as a competent witness, did not give evidence, only appearing in Court to identify his person, and shew he was not the person that signed the power.

JAMES HARPER sworn.

Was you on board the Cornwall? - Yes, all the time she was in commission, I was quarter-master.

Do you know Alexander Scott ? - Yes, he was forecastle-man, an able seaman, this is the very man.

(Pointing to Alexander Scott , the man just mentioned.)

Council for the Prosecution. That Alexander Scott was not the man that executed the letter of attorney? - Certainly not.

Council for Prosecution to Harper. Look at the prisoner as you belonged to the Cornwall, was that man on board the Cornwall? - No, Sir, never, unless he was stowed among the casks.

Prisoner. You never saw me on board the Cornwall? - No, nor any thing like you.

Jury to George Palmer . Did you write the name of Alexander Scott at the bottom of the receipt? - I wrote the name myself.

And did he know what name he made his mark to? - The reason of my writing the receipt was, neither party could write, I read the name once or twice to make him sensible of what he was going to sign.

(The written defence read.)

My Lord, your humble petitioner, Joseph Scott , served the navy seven years, first on board the Antigua and Favorite sloop of war, afterwards on board the Cornwall, Captain Edwards , and in an engagement had the misfortune to loose his feet, and the use of his limbs, and being a native of the West-Indies, he hopes his case may be taken into consideration; I was in the hospital, one Henry Cremer came to me and enquired the particulars, and employed a man to draw up the power, he

fetched me in a coach, and I signed my mark in order that he might obtain my wages and prize money; he came to me in the hospital, and told me, my name was not in the book, but the name of Alexander, and that I must alter my name to that of Alexander Scott , and let nobody know of it; I positively refused to alter my name, he went and got a fresh power, and used the name Alexander Scott , without my knowledge, he came to me and brought me fifteen shillings, and said, it was my prize money, he said, he had found my name on the books, I went to his house, and he gave me six guineas before I went to Portsmouth, I came to London, in order to obtain a further cure, I went to the Rotation-office, the Magistrate sent a constable, and he gave me six guineas more, and I was apprehended by an advertisement, and was committed to the Compter for the forgery; I am intirely innocent, I know nothing of it.

Court. Have you any witnesses to your character? - I know my own character very well, I had a bad character since, I know myself from a child till now.

GUILTY Death .

He was humbly recommended to mercy by the Jury .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-32

627. WILLIAM and JOHN BERRYMAN were indicted for burglariously, and feloniously breaking and entering the dwelling house of Thomas Gale , Esq ; at the hour of two in the night, on the 31st day of August last, with intent, his goods, chattles, and monies in the said dwelling house, feloniously and burglariously to steal .

THOMAS GALE Esq ; sworn.

I live in Greek-street, Soho , my house was broke open on the last day of August, or the first of September, about two in the morning, I did not see the doors fastened; I took the prisoners in the house.

What alarmed you? - Mrs. Gale was alarmed, it was a particular night of thunder and lightening, which being so great, Mrs. Gale was alarmed for her children, and going up stairs, she head something lump in the kitchen, she ran immediately to me, and said, there were thieves in the house, I got up immediately and took a brace of pistols, which I had by me loaded with slugs; I called in two watchmen, and by the assistance of them we took the prisoners in the kitchen, they had tried an area door, and damaged it very much, they had got through a window; when we came to examine, we found that as to the area door, which is so full of nails that nothing of a tool could operate upon it, they went there and could not get in, they made three attempts on the shutters, on the third there was a hole, we suppose they got in there, otherwise they would not have left the window up and the shutters loose; there were cross bars to the shutters, which were undone.

Could they by the hole you have described in the shutter, have undone those bars? - I apprehend they could, I desired my servant with all the force he could to force the shutter, and see if he could not put his arm through, he did, and undid the bar.

Prisoner. Did this witness ever come down into the kitchen; he says we were taken out of the kitchen? - My servant and I went by ourselves, first the watchmen were alarmed by Mrs. Gale, when we came down we found an inner kitchen door, but one hole made through; they can make four of them in a minute as the carpenter convinced me; there was one hole made through the door, and a second begun.

JOHN GIBSON sworn.

I live with Mr. Gale, on the night my master's house was robbed 31st of August, I was alarmed by the ringing of a bell, which was on a room door, I jumped out of bed, my master stood with a brace of pistols in his hand, and called, says he, Joe, I wish you would go down; Sir, says I, give me the pistols, I will go down directly, my

master said, no, leave one with me here for my own sefety, I took one, and as soon as I got to the bottom of the stairs I saw a hole thro' the door, I had undone one bolt, and was going to undo the other: I called to my master, and said, Sir, they are in the kitchen now, we let in the watchmen and went in, and desired them to resign directly; first came out was Berryman, the watchman took hold of him, and he said, for God's sake, Sir, do not shoot me, says he, keep your pistol away, I shall make no resistance, he said, he would go quietly, the watchman rather went out to the other door, they had opened the shutter, and unfastened the outer door, which was so thick lined with nails, that it impeded the enterance of their instrument, and the other prisoner we took, rather of the outside of the fill of the door, and he begged, and prayed, and made a half drop behind the watchman, for fear of being shot.

Court. Was he in the kitchen too? - I do not think he was, I think he was rather in the area, here are somethings that I found.

Court. Did you shut your master's house? Yes, I barred the windows myself, and fastened the door.

Had these people any arms with them? - Not that I know of.

Did you search them? - I did not, as soon as they were gone up, I was employed in searching my master's house, to see if there was no more of them, for I thought it not proper to take their words for that; here are some flint, some tinder, a bit of candle, and somesteel.

Prisoner Blunt. Did you see ever a one particular in the kitchen? - I saw Berryman in the kitchen.

Court. Where does this celler door open to? - It opens into the area, they had unbolted the bolts of that door after they had got into the kitchen, that they might have a retreat.

Where did you take Blunt? - He was rather on the outside of the sill of the door, rather leaning towards the area, and the other man was in the kitchen.

JOSEPH LITTLEPAGE sworn.

I am the watchman, in Greek-street, Soho, I was going to cry two, going up my beat, I found the hands of a man had fast hold of the area rails withinside, I found he was getting up out of the area, I struck at him with my stick, with intent to knock him down, he fell down, when I found he was down I rattled for assistance, they both came and begged for mercy not to hurt them at that time.

When did they beg for mercy? - At the time I rattled, they begged for mercy to let them get up and they would surrender, I told them I would not, they must stay there, Mr. Gale came down, when I went into the kitchen I found they had boared a hole, they opened the kitchen door belonging to the area and got in there, I said, come and resign yourselves, one came to me, and the footman stood in the passage, and they begged for mercy.

Prisoners. I wish to know whether we were in the kitchen or in the area when he came to us.

Court. Do you think that will differ much? - I do not know, my Lord, I never was in the kitchen.

THOMAS JOHNSON sworn.

I am a watchman in King-street, adjoining to Greek-street, after two o'clock on Monday morning, I heard the blow of a stick, I went instantly, and at Mr. Gale's door there was Joseph Littlepage , the watchman, says he, here is thieves in the area, spring the rattle, and a great deal more assistance came; Littlepage and me went down, John Berryman was in the kitchen, and William Blunt was in the area, we opened the door of the area, and went in and took him out, and conveyed him to the watch-house.

ROBERT BERRY sworn.

On the last of August, I was beadle of the night, as it was a dreadful night, I was under some apprehension that the watchmen would leave their beats, and I went to look after them, and there was a rattle, I found at this gentleman's door, two

watchmen and the gentleman opened the door, and stood with a candle in one hand and a pistol in the other, we went down stairs, and as soon as I got to the top of the stairs they were at the kitchen door, and as Berryman came up to the top of the stairs, I took him to the watch-house and searched him, but found nothing, then the other prisoner was brought in the house, I found a stick.

PRISONER BERRYMAN'S DEFENCE.

I was coming along, and I heard the alarm of murder, or thieves, I thought there was something the matter, and I jumped over in the area; just as I jumped over this young man came by, and he said, what was the matter, and he jumped over.

Prisoner Blunt. I have nothing more to say than what this man has said.

Berryman. I told them I would answer to any thing.

Jury. What trade are you?

Blunt. I am a coachman.

Berryman. I have been to sea.

Jury. How high are the iron rails that you jumped over? - I cannot say rightly, they are higher than what I am.

How far down to the bottom of the area? - I cannot say.

JOHN ACRED sworn.

I appear for Mr. Blunt, I have known him from a child, I never knew any dishonest act by him, he was a gentleman's servant, and has lived in many reputable places, I saw him about a twelvemonth ago, which was the last time I saw him.

SAMUEL BAYLEY sworn.

I have known Blunt ever since he was four years old, he was always an honest, hard working lad as far as I know.

WILLIAM BLUNT sworn.

I am the prisoner's father.

I suppose you mean to give a good character of your son? - Undoubtedly; Sir, I shall speak no more than the truth, he has always been in respectable services, he followed the trade of a coachman , how he got into this affair I do not know, whenever he came to me for assistance he had it.

Court. Gentlemen of the Jury, with respect to the crime of burglary, if you suppose the evidence of Messrs. Gale and Gibson to be true, there can be no doubt but that the house was fastened over night, and that by some means or other it was forced open, the shutters in the area were forced open, and by that means people got in; if you are satisfied that these are the people who got in, you then have only to consider for what purpose they were there; if you think they broke into the house with intent to commit any felony, their crime is as compleat as if they had accomplished their design, and committed the felony.

WILLIAM BLUNT , JOHN BARRYMAN ,

GUILTY Death .

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

Reference Number: t17830910-33

628. MARY ANN SMITH, otherwise GIBBS was indicted for feloniously assaulting on the King's highway, one Mary, the wife of James Saxton on the 15th of July last, putting her in fear and danger of her life, and taking from her person and against her will, 11 pair of worsted stockings, value 18 s. one sixpence and two halfpence, the property of the said James Saxton .

The witnesses examined apart at the request of the prisoner.

MARY SAXTON sworn.

What are you? - I am the wife of James Saxton , I live in St. Giles's,

What are you? - Why, Sir, I am a woman that deals in stockings , I was robbed last July, I was coming home from Smithfield on Tuesday, July the 15th, I believe about ten at night, I had eleven pair of stockings with me, and coming between the outside of Temple Bar and Drury-lane, in a street called Wych-street , this woman came up and she had her cap open, and a round bonnet on her head, and she gave me a shove violently down, and kept me down, and took the bundle from me, and put her hand in my right hand pocket, and took sevenpence halfpenny from me, I had no more money, she run away, I am very sure it is the same woman, it was pretty light.

Court. What at ten o'clock? - No, it was not gone ten, it was about ten, the watch had not gone ten, she had a little short bonnet over her head, but it did not cover her face, I suppose she might keep me down about three minutes or so, nobody came by, I was stunned, and when I got up I asked for the way.

When was the prisoner taken? - That night.

Did you ever get your stockings again? - No, Sir, a gentleman has them now here.

Did you describe her? - I did Sir, I described her before I had seen her.

Did you know her by sight? - I knew her before she made her appearance.

Had you ever seen her before she robbed you? - Not to my knowledge, I never did.

You did not know what she said to you before she pushed you down? - No, I do not.

Prisoner. I was in custody last sessions for these stockings, and was cleared, and the stockings were returned to me by the magistrate, I never saw this woman in my life.

DOMINICK ADLAM sworn.

On the 15th of July the prisoner came to my house, and wanted to leave a parcel of stockings for six shillings, I am a publican in Little Turnstile.

Court. What did she want to leave them with you for six shillings for? - She asked me six shillings, and said there were thirteen pair, I examined them and found there were but eleven, therefore I suspected she had stole them, I took her to the watch-house, the constable of the night has the stockings.

Prisoner. I left the stockings with Mr. Adlam's wife, she lent me six shillings, and sevenpence I owe her now for two pots of beer.

Adlam. I never saw the woman before.

JOHN PUDWORTH sworn.

I sold the prosecutor the stockings.

(The stockings deposed to.)

THOMAS BROMLEY sworn.

(Produces the stockings.)

These stockings were brought to me on the 15th of July on suspicion of being stolen, it was my night of sitting up at the watch-house, Mr. Adlam brought them and and the prisoner to me.

Court to Adlam. Are these the stockings that the woman brought to your house? - This is the paper that was round the stockings.

(The prosecutor deposed to the stockings, and Mr. Pudworth deposed they are the same he sold her.)

Prisoner. My Lord, I buy silks, and make up for bonnets and cloaks , and two women came to me and asked me to buy some stockings, we came together, and went into this gentleman's house, I did not know the gentleman, nor that the Jew woman was married again, his wife lent me six shillings, I know the wife very well, but not the husband, the husband came down, some words arose, and there was another pot of beer called for, and I would not pay for it, and he charged the watch with me, and I insisted on taking the stockings with me, I paid twenty-two shillings for them before the publican's face, I do not know the two women, but the publican knows them.

Adlam. It is no such thing.

GUILTY Death .

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

Reference Number: t17830910-34

729. ROBERT STEWARD and THOMAS SUTTON were indicted for feloniously assaulting John Batty , in a certain field and open place near the King's highway, on the 16th of August last, and putting him in fear and danger of his life, and taking from his person and against his will, one pair of plated shoe-buckles, value 6 d. one pair of leather shoes, value 2 s, an iron tobacco-box, value 4 d. one cork-screw, value 5 d. one clasp knife, value 1 d. one horn comb, value 1 d. one cloaths brush, value 4 d. one iron key, value 4 d. one hat, value 6 d. one piece of silver coin called 6 d. and one copper halfpenny, and one copper farthing, the property of the said John Batty .

JOHN BATTY sworn.

I know the prisoner very well, I was robbed by them on the 16th of August last, in Farthing-fields, near Gravel-lane ; I went backward, being decent to ease myself, between ten and eleven o'clock at night, it was very moon-light, and coming back three men met me, they said, what are you doing here, I said, do not you see what I am doing; they said, do not give us any of your jaw, we will have your bloody life you buggerer, from that the prisoner, Thomas Sutton , stooped to his foot and took something off the ground, and knocked me down, and while I was laying on the ground, he took off my shoes and buckles, and he took sixpence three farthings out of my breeches pocket; Bob Steward put his knee on my breast and kept me down, and took my knife and the case, and tobacco box, and a comb out of my jacket pocket, and brush, and my hat; I asked for my hat, and they said, if I followed them, they would have my bloody life, so I ran back in the street again, and I met with my shipmate, and I said George, I am robbed of a hat and shoes, he said, where are the people, says I, stop they are coming up here, and we chaced them into a house, and I called the watch; it wanted then about a quarter to a eleven, I took centry at the fore door, they at the back door, and the watch searched, but we could not find them, after we came out of the house, I took a walk up New Gravel-lane, to see if I could see the people, and I could not see them, and I went on board, and I gave the watchman a proper account of every thing that I lost; at eleven o'clock in the morning, the watchman came and called me on shore, and told me, they had found Robert Steward and the property.

Court. Did you know these people before? - No, Sir, I had seen them before, but I did not know them, I saw them about half an hour before they robbed me, I saw them again at the Justice's, and I picked the man out among nine or ten people.

Prisoner's Council. How came you in Gravel-lane this time at night? - I came on shore expecting a letter between eight and nine.

How far is your ship from the place you mention? - Very close nigh.

Had you been into any house that evening? - We just went into a house where these people were, and had two pints of beer, we were both of us going down New Gravel-lane, and I was taken with a pain in my bowels, and I went backwards into the field.

It was very dark? - It was star-light.

You said, before it was moon-light? - The almanack can tell, I am no scholar.

At this time in the situation, you have described three men, you say they stood over you, and this matter was over very shortly, and you went back from the place, and met with a ship-mate on the load, and then you chaced the men as you think into a house, and could not find any body there? - I gave a particular account of them to the man.

When you went to the Justice's, there the men were? - I saw the men before they went to the Justice's, they were all in a room together, and I picked these men out.

You fixed on them in this room? - Yes.

Prisoner Sutton's Council. Did you know Sutton before? - No, never before that night.

Afterwards when you found your shipmate, you thought you could take the men if you pursued them? - Yes, Sir.

Did you find nobody in that house? - Nobody that robbed me.

Did you find any body there? - No.

Was any body taken up on suspicion? - I gave the description of Sutton that he had a white coat on and a round hat; Sutton had curled hair and a smooth face.

Was nobody else taken up but Sutton and Steward? - No, Sir.

GEORGE ALLEN sworn.

I was a ship-mate of the last witness, the last witness went to ease himself for a few minutes, and when I met him again, he had no hat, shoes, or buckles, I went with him in pursuit of the men into the house.

Did you see any men come up that said they were the men? - Yes.

Who were the men? - Them two.

Did you remember them sufficiently from his pointing them out to you, to be able to say that these are the men? - Yes.

Are you sure that these two men were some of the men that he pointed out, as the men that robbed him? - Yes, Sir, I am certain sure of it.

You did not find them in the house? - - No.

Was you present when they were taken? - No, I went to the ship with my shipmate that night, and I staid on board.

MARY TOMLIN sworn.

I keep a public house, the prisoner Robert Steward , brought a bundle to me on the Saturday night, something in the inside of a hat-crown, and he asked me to let him leave them, and to give them to Sutton, as soon as he came for them; he directly asked me to be so kind to lend him a pot, for he would get a little water, and have half a quartern of gin, when I went to bed, I told this to my husband, in the morning the watchman came in, and was mentioning the robbery, and my husband said to him, be you peaceable, and I believe I can help you to the things, and to the men that has committed the robbery, I believe on the Sunday morning the prisoner, Robert Steward came to me and asked me for the shoes, I said, my husband has locked them up, and I cannot get at them just yet, with that he said, I imagine Thomas Sutton had not fetched them, and I think, I have the greatest right to them, he went into the yard and asked my husband for them, and he told him, he should have them by and by; he then went into the tap room and called for a pint of beer, and set down and drank once, and he laid himself flat on the bench and went to sleep, and

there he was when they came in and took him.

Prisoner Sutton's Council. You did not see Sutton at all? - No.

JOB TYRREL sworn.

I am a watchman in Shadwell parish, I was crying my hour about eleven, I met a woman who said, there is a man robbed in Farthing-fields, and I met the prosecutor with no shoes nor hat on, he said watchman bear a hand I am robbed, and the men are run somewhere into one of these back houses, he shewed me the house, I told him to stand at the street door, and I would go to the watch house and fetch the officer of the night, I went, and we came, and searched, and found nobody; in the morning between three and four I went into Mr. Tomlin's house to get a drink, and I mentioned the robbery to Mr. Tomlin with the account of the things, says he, say nothing about it, I fancy by to-morrow I shall find it out, and about eight o'clock he came, and called me up and bid me came down, I went down, and he was taken at Mr. Tomlin's.

JOHN ORANGE sworn.

(Produces the things.)

Court to Mrs. Tomlin. Are these the things he left at your house? - Yes, he brought them in that hat.

Court to Orange. Who had you them from? - From Mr. Tomlin.

(The things deposed to by Batty, all but the key and the comb, which were both wanting, as also the money.)

GEORGE FORRESTER sworn.

Mr. Orange said he had one Robert Steward in custody for robbery, and he wanted one Sutton, I went down to Sutton's house, and looked about the yard and the necessary, and I asked the mother if he was at home, and she said he was not, I went up stairs into the chamber, and I found him behind the door without any shoes on, I told him he must go along with me, he said for what, says I, upon suspicion of a robbery, and he began to cry, then the watchman went for the prosecutor, and he came, and Sutton was among a dozen bakers, and nobody pointed him out to the prosecutor, and he picked him out among the bakers, and they had all white cloathes on, the house where Sutton lodges is not one hundred yards from where the prosecutor was robbed.

THOMAS COLE sworn.

I was officer of the night, I was sent for to come down to Farthing-fields, we went and knocked at the door of the house, and I took the prosecutor up with me, and searched every room, there was nobody there that the man could point out, the next morning Orange fetched me down to Steward at Tomlin's house, Tomlin called me into the bar, and shewed me these articles, says he, Steward brought them in last night to my wife, and there he is asleep in the box, go and take him, I took him and confined him till Monday, and took him before the Justice.

For the prisoner Sutton.

JAMES HILL sworn.

I live at No. 39, New Gravel-lane.

Do you remember on the 18th of August a report of a robbery being committed, and the people searching for the persons? - Yes.

They came to your house, did they? - Yes, this man in particular came into my back-yard, and took a ladle that I had made, and the staff of it, and armed himself with it, I turned out from alongside of my wife, thinking it was one of my lodgers, he gave me a great stroke over my head.

Did he tell you his business there? - No, not at that time, Allen said afterwards, says he, damn your blood you buggerer, it was you that robbed me, the prosecutor then afterwards brought the watchman and the runners round.

ELIZABETH MEAD sworn.

I know the prisoner Thomas Sutton , I live right facing his father's house, I was standing at my own door on Saturday night about eleven o'clock, and two men came

by, and said there was a robbery done, and a person said it was Thomas Sutton run by, with that his mother said to me, Mrs. Mead, now come up and satisfy yourself, and I went up, and saw him in bed.

Court. You saw him in bed? - I did.

Are you a married woman? - Yes.

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

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

THOMAS SUTTON ROBERT STEWARD

GUILTY Death .

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

Reference Number: t17830910-35

630. WILLIAM MARSTON ROTHWELL, otherwise WILLIAM ROTHWELL was indicted, for that he, on the 13th day of August , one piece of false, feigned, and counterfeit copper money, the likeness of the good, legal, and current coin of this realm, called an halfpenny, feloniously did make and coin .

Another Count for coining a piece of copper money to the likeness and similitude of the good, legal, and current coin of this realm, called an halfpenny.

And MARY CHILD was indicted for that she, before the said felonies were committed, did unlawfully council, procure, and abet the prisoner, said William, to do and commit the same .

The witnesses examined apart at the request of the prisoners.

JOHN DINMORE sworn.

On the 13th of August I saw both the prisoners, I was informed that a cart was coming into the Old Bailey, and that there was a suspicion that copper was going to be carried into it, we went into the sign of the Star, the prisoner Rothwell was in this cart, and he went across Smithfield with it, me and Redgrave took a coach from the stand in Smithfield, and told him to keep the man and the cart in sight, and keep at some distance till he came to the place where he put up in, we followed the cart to Muswell-hill, he turned out of the road to some gates, and went into the house, then we drove back and waited at Islington, to see if he came back in the same cart that night, and he returned, and in the cart we found a quantity of cecil, and twenty pounds worth of bad halfpence, tied up in papers, we put him into custody, and set off to Muswell-hill that same evening, we had some difficulty in getting over the spikes, but we got into the house, and there we found the woman, prisoner Child, in the house, and we found the stamping press, and in the stamping press was the impression of a man and woman, and this halfpenny was between the dies, and this is the halfpenny that was in the cutting press, there was every thing compleat in the cellar, there was a cutting-out press and a stamping press, the prisoner Child claimed the things in the house as her property, and they were fetched away in a cart, and delivered to her.

Prisoner Rothwell. Did you see me loading the cart with any thing? - No.

Where did you see me first? - I saw you come into the Old Bailey, and turn underneath a gateway.

What gateway? - On the opposite side from here.

Did not you watch me where I went, when I went down that gateway? - No, because I too well knew, I followed you through Smithfield, and to Muswell-hill.

What did you see me do there? - I saw you go into a gate.

What way did I go to Muswell-hill? - You went down the Back-lane.

What Back-lane? - You went up St. John-street to Islington.

Did I go by the work-house, or the other road by the church? - By the work-house, through Holloway turnpike, then down Deval's-lane.

In Deval's-lane there is one road turns to the right hand, the other keeps strait forward, which way did I go? - I cannot tell being in a coach, I saw you all the way along the road.

Then you certainly can tell whether I

turned to the right or kept forward, which road did I come down to Crouch-end? - You went down the left hand road from Crouch-end.

Was you within one hundred yards of me? - Yes, I dare say I was.

Did I ring or knock? - The coachman informed us that you turned up a place on the left hand side, and we kept our eyes behind to see where you went in.

Did you see me drive the cart into that place? - Certainly.

You say so upon your oath? - I am certain.

By what marks can you tell it was me, which side of the coach did you sit? - I think it was on the left hand.

You think, you certainly must know? - I believe it was on the left hand.

You believe, is not this very extraordinary that you should not know? - I say to the best of my knowledge I sat on the left hand side.

JONATHAN REDGRAVE sworn.

I was with Dinmore on the 13th of August, we saw the prisoner Rothwell in a cart in the Old Bailey, by where the lamps are, and he went down a gateway, where the flatting mills are, with the cart, we went into the Star, and he came out again with the cart, and turned his head round to see if any body observed him, then I saw the prisoner's face perfectly well, I knew him before, we then followed him to the stand at Smithfield, and took a coach, we told the coachman to follow this man in the cart at such a distance as not to be observed by him, he did so, when he came to Muswell-hill he turned out of the main road to the left hand, there was a large pair of white gates all drove with tenter hooks and spikes, which led up to the house; as soon as we saw he went up there, we went round by Highgate and returned to Islington, to the sign of the One Tun, the corner of the city road; in about two hours, the prisoner Rothwell, with another man, came back in the same cart, I knew the cart perfectly well before, I called to Dinmore, and the other man made his escape, there was a hamper in the cart, and the first thing we found, was what they call cecil, I then desired the prisoner to let me look into the seat of the chaise cart, there we found these halfpence, I apprehend there is near twenty pounds worth; he said, he took the other man up in the road, we secured the prisoner and got more assistance, and went back to the house on Muswell-hill, and there we found all the implements of coining, and more halfpence, which corresponded with those in the cart; the woman prisoner was in the house, and she cried out, do not come in, she thought it was somebody to her, but it turned out to be one of our friends: The next day they were committed; there was a cutting-out press, and a stamping press, I do not recollect we took any thing else particular, but a pocket book was found in the bureau, which is produced by Dinmore, and a paper about the age of the children, when they were born and so on.

Prisoner. What is your name, Sir? - Redgrave.

Where did you see me Mr. Redgrave? - As you came down from the gateway, and passed by the Star alehouse.

You did not see me load the cart? - No.

Where was it loaded? - Up by the Flatting mills, about three or four doors down, the informer saw you load it, and came and told us.

Very well, answer the truth? - It is the truth.

Where did I set off? - I can tell you every track of ground you went, I followed you to Islington down the Deval's-lane, you went down by the work-house and through Holloway turnpike, then the first turning to the right hand, you went as direct a road as ever you could go.

Did I go the left hand, or the right? - You went the direct road.

They are both direct roads, they both come in at Crouch-end, about four or five hundred yards? - You kept to the left hand road, if I recollect myself right.

Recollect, why you can tell? - I think so.

Think, you should be positive, which of

these roads did I come in at Crouch-end? - I do not recollect, you turned but once, it is almost impossible for me to answer every such minute circumstance.

If I was set to watch you, I think I could tell? - I dare say you could, I suppose you have watched me many times, I think you rather inclined to the left and went up the hill, we always kept you in sight.

Cannot you tell to one hundred yards? - We never lost sight of you the whole way, I do not recollect which, but one or other of us had the sight of you.

Where did you sit? - I sat with my face towards the horses.

Which hand? - You are so very nice in that, I cannot recollect that circumstance.

The fact is this, you never was there no more than I am there now; which way did I go up to the gate, and which side was the bell on, right hand or left? - That is a question I cannot resolve, as to whether you rung the bell or whether you gave any private signal, but this I know, that the gates were opened and you went in, and they were shut directly, I believe a person opened them.

You believe, you are not positive? - I am so positive that I have no doubt of it.

Did I take the cart to the house after you saw me at the gate? - You did not come back again for some time.

Did you see me come back again? - No.

Which of you stopped me in Islington? - I stopped you first.

You was not there.

Dinmore. We both stopped you first.

What did you say, did not you call out? - Says I, my friend you must stop.

JOHN CLARKE sworn.

Do you know the prisoner? - Yes, I do.

Do you know that pocket book? - Yes, I do.

Did you ever see it before? - Yes, it has been produced in this Court before, the last time I had that pocket book in custody he was acquitted, he lived at Chelsea.

Are these implements, compleat instruments of coining? - What I have seen are.

What are the profits they make? - According to their weight.

What may a man make a day? - I should suppose a man will make you two hundred weight a day, the copper of the mint is sixteenpence, or sixteenpence halfpenny, and that they make use of is tenpence, or tenpence halfpenny; I have a letter that has been sent to me this morning, of a quantity of things that were taken out of the house, that are in the hands of one Seasons, he was ordered to bring them and has not brought them, and as they belong to the prisoner Rothwell, I think he should have them, they were sword hilts.

Mr. Sheriff Taylor. I have sent for Seasons.

(Seasons afterwards came and was ordered to bring them into Court which he did.)

JOSEPH SMITH sworn.

Do you know the prisoner? - Philip Prosser I know, I never saw the woman before.

Who did you let the house to, on Muswell-hill? - Philip Prosser , he signed the agreement.

Francis Nichols one of the moniers of the mint, proves the halfpence to be counterfeits.

Court to Dinmore. Were these presses in any place locked up, or were they all open? - I believe the door of the cellar was locked.

Where you found the halfpence, was that place locked? - No.

JOHN FLETCHER sworn.

I went to the house on Muswell-hill, I think Dinmore went down first, the door was locked, we broke it open, and when we undid the press we found these half-pence, they are not coloured.

Court. You never found the key of the cellar door in the house? - No.

PRISONER ROTHWELL's DEFENCE.

I believe I have no friends here now, I had plenty yesterday, I could not keep or detain them as I could not subpoena them. The occasion of my being with this Court

is, I was met by three people, one of whom I knew, they asked me to go and drink with them, and they would give me a shilling to go to the sheep's head shop, in Turnmill-street, and ask the man, if the person in the Old Bailey could have the cart, he said they might, I returned back again and told them, they gave me a shilling, and desired me to drive this cart for them to Islington, or a little way further, and they offered me half a crown to do it, as the man was afraid of being arrested; I drove the cart, it was loaded, but I did not see the loading; at the work-house, at Islington, they met me and took the cart from me, and ordered me to meet them again in about two hours, and they would pay me again, and to drive to the Greyhound, in Smithfield; I met them at the watering trough, in Islington, and drove the cart, and I was met in Islington by a man who called to me, I immediately stopped, he said, I believe you have smuggled tea, he opened a hamper and there was this copper; I told them the real truth, they put me in custody; this was a trap, I know the house, I have been with the man who engaged Mrs. Child to keep his house, but I had not been there above a fortnight or three weeks.

Prisoner Child's witnesses.

Mr. Silvester to Mrs. Child. I think it right for me to give you a caution how you call these people. - They are only to character.

Council. Consider the consequence.

PRISONER CHILD's DEFENCE.

I was hired by Mr. Prosser as a servant , and he told me he would give me seven shillings a week, board wages, and money for the use of my goods, I had nothing at all to do with the business or any thing, I had been in the house three days.

MARY RILEY sworn.

Do you know the prisoner Mary Child ? - I have known her and her parents for this nine years.

What character do you give her? - I know none but a very just and honest character by her and her friends too.

Council for Prosecution. Where was she from September to last March? - I cannot tell, I have not seen her till within this half year.

Therefore where she was from September to last March you do not know? - I do not.

Nor ever heard during that time? - Yes, I have heard by her parents, I did not see her.

Prisoner Rothwell. When I was first brought to the Justice's, after they had examined the witnesses, Mr. Blackborough said, I do not know what we can do with this man, except we can trace him to the house, now these men came to swear this, they did not mention it at the time that they were called up.

Dinmore. My Lord, Mr. Vernon was there, and he will contradict what the prisoner says.

Prisoner. That was the first time.

WILLIAM ROTHWELL , MARY CHILD ,

GUILTY Death .

Mary Child was humbly recommended to mercy by the Jury .

Mr. Reynolds. Prisoners at the bar, you stand convicted of felony, what have you to say why this Court should not give you judgement to die according to law?

Prisoners. (kneeling) We humbly beg for the benefit of the clergy.

Mr. Silvester. My Lord, these two prisoners having had the benefit of the clergy, I beg they may not have it again.

Court. It is the wisdom of the law, that persons having once received mercy and clemency, and who afterwards betake themselves to the same course again, are no longer considered by the law as proper objects of mercy; therefore, having once had your clergy, the offence is capital, and you are liable to suffer death.

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

The prisoners were taken from the bar, and were brought up again on Tuesday following, when Mr. Silvester Council for the crown thus addressed the Court.

May it please your Lordship,

The two prisoners at the bar, William Marston Rothwell , otherwise William Rothwell, and Mary Child , both having been tried and convicted at this sessions, the one for counterfeiting the copper money of this realm, called an halfpenny, and the other for aiding, abetting, and assisting him. After having been convicted, they were asked by the officer why sentence should not be passed upon them, they both of them prayed for the benefit of the clergy; I, standing up here as Council for the crown, thought it my duty to object to that benefit which they pretended to claim, knowing that they had both of them before this time been tried for a felony, and a felony of the same sort, had been convicted and received punishment for that offence; the man was tried in the county of Surry, before Mr. Justice Gould and Mr. Justice Ashurst, and the woman in this Court no less time ago than twelvemonths; the Court in mercy to the woman, gave her six months instead of twelve, and the Court where the man was tried, gave him nine months instead of twelve: But so far from deterring either the man or the woman from offending in this way, no sooner are they discharged from confinement, but they are again found in the commission of the same offence. I need not state to your Lordship that under the act of parliament, of the fourth of Henry the seventh, no person is entitled to receive the benefit of the clergy more than once, excepting those persons who are in holy orders, they may receive it twice, but no layman whatever can receive that benefit more than once: That being the case, these two prisoners, if the fact can be made out, and made out to the satisfaction of the Court, are not entitled to receive the benefit of the clergy, but must suffer death as felons. It is therefore incumbent upon me to produce a plea, stating, that that man and woman have both been tried and convicted, and received the benefit of their clergy, and that they are the same persons that were so tried and convicted. My Lord, with respect to the man, I shall produce under the act of parliament, the transcript of his conviction, I could, in regard to the woman, produce not a certificate, but the record of the conviction itself. A very respectable Jury that tried both the man and the woman, thought proper to recommend that woman for mercy, and therefore as that has been the opinion of so respectable a Jury, I think it my duty to pay a deference to that opinion, and therefore, though I am enabled to prove, and could prove the fact to your Lordship's satisfaction; yet I think it is a compliment due from me to the Jury, who have recommended her, not to urge the capital part against her, trusting that she will be fore-warned by the situation of the man with whom she has cohabited many years, and see that it is through mercy that she is not included in his fate, who cannot now receive the benefit of his clergy, but under your lordship's direction, must receive the sentence of death. I will proceed by filing the plea which is drawn up, and then I will produce the transcript of the original record, and the witness to identify his person, if your lordship pleases that the plea may be filed.

(The Plea read.)

The King against William Marston Rothwell , otherwise William Rothwell, and the said Edward Reynolds , who prosecutes, for our Lord the King, in this behalf, having heard William Rothwell , who now stands convicted of counterfeiting an halfpenny pray for the benefit of the said statute, says, that the said William Marston Rothwell , otherwise William Rothwell, is not entitled to the benefit of the statute in that case made and provided, because he says, that he together with one James Rothwell , at Kingston upon Thames, on Wednesday the 21st day of March, in the 21st year of the King's reign, before Sir Henry Gould , Knight, one of the Justices of his Majesty's Court of Common Pleas, Sir William Henry Ashurst , Knight, one of the Justice's of his Majesty's Court of King's Bench, and others, their fellow Justices

assigned to deliver the said goal, was tried for coining an halfpenny, and he the said William was thereupon convicted, and prayed the benefit of the statute which was allowed, and he the said William was thereupon ordered to pay one shilling, and be imprisoned in the said county of Surry for nine months, which he the said Edward Reynolds is ready to prove by the record thereof, and that the prisoner is the same person, and not another or different person; wherefore since he hath already received the benent of the statute, and been admitted to his clergy the said Edward Reynolds , for our Lord the King, prays judgement to the prisoner to die according to law.

Court. The woman may stand back.

Mr. Justice Gould. Wm. Marston Rothwell , otherwise Wm. Rothwell, you have pleaded the benefit of the statute to save your life; the King's Council have put in a plea to exclude you from that benefit, for you have been convicted of a felony before, of the self-same kind: You had the benefit of the statute then allowed you, and the punishment of nine months imprisonment, when the Court might, if they had thought proper have inflicted a longer term. The legislature have very wisely provided, that the man that will not be admonished by moderate punishment, shall not have the advantage and priviledge of the law, a second time to save his life: Now here are two things for you to attend to, the one is the King's Council, in that plea have averred, that there is such a record of your conviction in the county of Surry. Now if you please you may deny that, and then they will be put upon producing a proper testimony of that record in order to prove that allegation: There is another point, and that is, there is an averment that you are the same person that was indicted, and convicted at the sessions in Surry, and had the benefit of the stature allowed you; now if you think proper to deny that you are that same person; it is in your power so to do, then it must be enquired into, by a Jury whether you are the same person or not: becomes the Court to acquaint you, what you are at liberty to do, so you will judge for yourself.

Mr. Reynolds. Prisoner do you admit or deny that you was the person convicted at Kingston? - I am the person that was convicted, but I am not guilty of the crime of which I am cast now.

(Mr. Reynolds reads.)

And the said William Marston Rothwell , otherwise William Rothwell, now having heard the said plea read, confesses the said plea to be true.

Mr. Reynolds. William Marston Rothwell , otherwise William Rothwell, you stand convicted of felony, what have you to say for yourself; why this Court should not give you judgement to die according to law?

Prisoner. My Lord, I am very falsly sworn against this time.

Proclamation being made, Mr. DEPUTY RECORDER passed sentence as follows:

William Marston Rothwell , otherwise William Rothwell, you have been tried and found guilty of felony, for the coining of copper money; you have prayed the benefit of the statute, to that prayer the prosecutors have put in a counter plea, by which they have shewn that you have been convicted for the like felonious offence before: You have admitted the truth of that plea, in consequence of which, sentence of death must now be pronounced upon you. The law is that no one can twice have the benefit of the statute: It is true indeed, that with a knowledge of former convictions, the prosecutors have not proceeded to the extent of the law, but suffered the benefit of clergy, again to be urged in relaxation of its rigout: But the confederacies that have been found are so numerous, and so closely connected, that the laws as originally executed, have been found insufficient to break through these confederacies, and the community in general especially the poorer sort of it, are so prejudiced by those offences, that your prosecutors have thought it a humanity due to the public, to insist upon the laws being carried into effect

against you: And it will not become this Court to hold out to your expectation, the mercy of the crown, because the crown itself best knows in what particular instance, mercy to the individual would be cruelty to the community at large; you will be prudent in taking the earliest means to meet your sentence, and having lost the favour of men to awaken in your mind, those dispositions that are best calculated to obtain the favour of the Almighty; you will impress yourself with a just sense of his omnipresence, you will consider that he tries us out and knows us, and understands our thoughts long before; you will recollect, therefore, that no repentence, contrition or tears are likely to obtain his favour, but such as are founded on a just sense of your offence, and in sincerity and truth; you therefore will loose no time in cultivating in yourself those dispositions, that are most likely through his mercies, which are as infinite as his Justice to obtain his pardon. Nothing now remains for the Court, but to pronounce the dreadful sentence of the law; the sentence of the law is; and this Court doth adjudge that you be hanged by the neck until you are dead, and may the Lord have mercy upon your soul.

Reference Number: t17830910-36

631. JOHN BARKER and WILLIAM GLANVILLE were indicted for feloniously assaulting Jeremiah Branson , on the King's highway on the 14th of August last, putting him in fear and danger of his life, and taking from his person and against his will one watch, the inside case made of base metal, and the outside case made of gold; value 40 s. one base metal key, value 1 d. and 14 s. and 6 d. in monies numbered, the property of the said Jeremiah .

JEREMIAH BRANSON sworn.

On the fourteenth of August last I was coming over Lee-bridge towards London, between that and Clayton turnpike , and I was stopped by three footpads about twenty minutes, or half an hour after eight in the evening, there were Mr. Lynum and my little boy with me in a single horse chaise, they came to the side of the chaise all on foot, they met us, it was just beginning to be dusk, but it was plain enough to discern any body, the prisoner Glanville came up to the left hand side of the chaise, and demanded my money, while he was asking for my money, I took and drew my watch out of my pocket, and the other man that was at the horse's head, who is not taken, called out, take their watches and their pocket-books, I told him I had no watch, but Glanville said, yes, you have, for I I heard it chink; with that he put his hand between me and the chaise, and there he found it, he then asked me if I had given him all my money, I had given him fourteen shillings and sixpence, he put his hand into my pockets to search.

Court. Did you observe the other prisoner Barker? - I cannot say positively to him, but there was another man came to the horse's head.

How long might they continue with you? - A very short time, about a minute or a half a minute; when they went away I stood up in the chaise to look after them, they all three went directly together, and went up the road, I would have followed them, but the gentleman in the chaise would not, they trembled very much, I took particular notice of Glanville for his size, his face I could not see particularly, he had something over it, but I took particular notice of the size of the man, and when we took him I knew him as soon as ever I saw him.

Then you did not swear to him from his face? - No.

How was he dressed? - He had a brown coat on and a striped waistcoat.

When did you see him again? - On the Tuesday night, we went after them the next night to take them, and on the Tuesday following we took them at the same spot.

Court. Was Glanville dressed the same on the Tuesday night as on the Thursday? - Yes, he was searched.

What had he over his face? - It was something black.

If you had happened to have met him any

where else but upon that spot, do you think you should have known him? - I should have known him, my Lord, I think if I had seen him among fifty people.

By what? - From the thickness of his hulk, and his having a prodigious round head, I thought he had? - And you positively undertake to swear to him now? - Yes, my Lord, I do.

Was there any moon that night? - No, it was just the beginning of dusk, it was plain enough to see a person a hundred yards from me.

Was any body going by at the time? - Not just then, there was a little cart came by, I called to them, but they did not mind me, then there was a chaise coming, and I wanted them to go first and me to follow them.

What sort of hair had he? - He had his own hair hanging down, shortish hair and flapped hat.

Had he any arms? - They all three had knives.

Did they pull out their knives at the time they stopped you? - Yes, I saw all their knives very plain.

GEORGE LYNUM sworn.

I was driving the chaise, I must confirm the evidence, that Mr. Branson has already given, only with this difference, that I perceived them start from the pathway, and the man at the head of the horses stood on my side, his knife seemed to be very bright, he shewed it by way intimidation I thought, it was not so dark but what one might easily discern them, and know them again, one on each side came and mounted the foot board of the chaise, and unbuttoned the leather, and on mounting the foot board the man presented a knife to my belly, and he held it about an inch and a half, and demanded my money, the man at the horse then called out for the watches, and the prisoner Barker asked me if I had a watch, and I told him yes, and I lifted up my waistcoat pocket and was going to pull it out, he took hold of the seal, and had three pulls before he could get it out, my waistband being tight; I had not then given him my money, he was in a very great tremor, - and desired the business to be very quickly done; I told Barker I had no pocket book, but one that had some fishing tackle in, this book I gave into his hand, and he felt at it, but he saw the piece of wood, which the lines are wrapped round, and he believed me, and he gave me the pocket book again; just about the time that Barker had got my watch, Glanville not getting Mr. Branson's watch, Barker said what is that you have dropped there, and repeated it three times, the prosecutor said nothing, but Barker absolutely had the audacity to, put his hand into the middle of the chaise, and felt for it; the man at the horse's head, called out to know if the boy had any money; they all three had something black tied round their faces, but this did not cover their faces, it was only tied nigh about an inch wide all this time, I was very collected and took particular notice of all that passed with the three, but more particularly the man at the head of the horses, and Barker, the man that robbed me; after they had got their booty, Barker very civily buttoned up the chaise, and twice wished me a good night, I said, it was exceedingly ridiculous to think of going after three men armed with knives, and having nothing to defend ourselves; we hailed a cart which did not hear us, we hailed a chaise but the lady was frightened: At the turnpike I applied to several people to get a pistol for the purpose of pursuing them, I got one, and used my plumb that I used to my fishing tackle for a bullet, we went, but could not find them: We went the same road on Friday night, with some of Sir Sampson's men, and on the Tuesday evening we went out, Atkins, Mr. Branson and me, they went down the road, and I, and the other two people were to go on foot, we searched a house near the bridge, and as we returned we met Atkins and the men in the chaise.

Court. Can you positively swear to the face of Barker? - We were so near all the time during the transaction I am mentioning, that I really have not the least scruple or doubt of it.

Notwithstanding he had something over his face? - He had, but when I came in, I immediately singled out Barker, and disclaimed any notice of Glanville, I took very particular notice of Barker by his moving his hand with the knife in that manner.

How long do you suppose they might stay with the chaise? - Rather more then a minute, they were very fearful and trembled very much, and wished to get away.

Was Barker dressed as he is now? - Yes.

JOHN ATKINS sworn.

I went out to take these people, and took them between Lee Bridge and Clapton turnpike; I said, I will go by myself, and coming back much about the same place out started three men, I drove away as hard as I could to the Inn, the hostler was standing on the steps, he was rather afraid to come, I said, oh! damn it, never fear; I run, and the first man I came to made a blow at me, I hollood out as loud as I could, says I, Charles Gealous : He was not with me, but I thought his name would terrify them: That was about a quarter or half an hour after ten.

Had they any arms? - Nothing but a knife, here is a bludgeon which one of them flung away, which the hostler took for a pistol, I thought they were the men, but I said nothing to the gentlemen, I brought them to the inn, and Mr. Branson followed me, and said directly, pointing to Glanville, that is the man that robbed me, but before Mr. Lynum came in, I suppose there were fifty or sixty people, but he said nothing to me that night, whether he knew them or no.

Jury. They did not attempt to rob you? - I suppose they would, they run out of the hedge.

Prisoner Glanville. There is no hedge there.

The HOSTLER being sworn,

Deposed, that he was along with Mr. Atkins and took the men, and one of them, he did not know which, chucked a bludgeon away, and whilst he picked it up, the third man got away.

PRISONER BARKER's DEFENCE.

I went over Lee-bridge about ten o'clock in the morning, and I staid there till about ten o'clock at night, I had just passed this man, and that gentleman came and laid hold of me, the gentleman said I was the man, he knew me he said, because I was dressed in a blue jacket, I have a witness at the door.

PRISONER GLANVILLE's DEFENCE.

I went to Hackney to see a woman, and she was down at Portsmouth, so then I walked down to Lee River, and came along with a horse that was drawing the barges up, and this young man overtook me, and these two men met us, and said, halloo, who are you, and caught this young man by the coller, and me, and there was another man just there that slipped by us, they said we knew who he was, I did not know; I said, then I suppose you think we were going to rob you; they took us into a publick house at Clapton, and gave us some beer and punch, and took from me my handkerchief and another about my neck, and my knife and my hair ribbon.

Atkins. His hair was loose then, I have the ribbon which he had in his pocket.

Prisoner Glanville. I had not been that way this two years, since I went to sea; I cannot say where I was, at the time the robbery was committed, I was here in London; the gentleman says, he only swears to me by my size; I have as good a character as any young man, and I expected to have my master here to speak to my character; had I come along by myself and he staid behind, I suppose they would not have said any thing to me.

JOHN BARKER WILLIAM GLANVILLE

GUILTY Death .

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

Reference Number: t17830910-37

632. JOSEPH ABRAHAMS was indicted for burglariously and feloniously breaking and entering the dwelling house

of Alexander Young , on the 10th of August last, about the hour of three in the night, and feloniously stealing therein, three pair of leather boots, value 3 l. one pair of red Morocco leather pumps, value 10 d. the goods of the said Alexander .

And FRANCES, wife of DAVID HART was indicted for feloniously receiving, on the 28th day of August last, two pair of leather boots, value 2 l. and one pair of red Morocco leather pumps, value 1 s. part of the goods so stolen, knowing them to be stolen .

ABRAHAM YOUNG the elder sworn.

I live in White-rose-court, Coleman-street , my house was broke open between the 10th and 11th of August, I cannot say what hour, I went to bed at twelve o'clock; my son was the last person up, he fastened the house; I got up at six o'clock, we heard the alarm before we got up, my son was first up, the lock was picked, I lost three pair of new boots, two pair of which are in Court, and one pair of Morocco pumps that is in the Court; I lost a number of shoes that I have not found; the things were all in my shop, I saw them there that night, Mr. Atkins found the boots, I can swear to the property.

ABRAHAM YOUNG , junior, sworn.

I went to bed a little after twelve o'clock, I fastened the house and shut all the doors and windows, I got up in the morning about a quarter before six o'clock, and I found the shop door open and all the goods gone; I double locked the door over night, there was no bolt, there were between fifty and sixty pair of woman's stuff shoes stolen, and three pair of boots and some childrens Morocco pumps, and about six pair of mens shoes.

Was you at the finding any of them again? - No, I can swear to the property.

JOHN ATKINS sworn.

On the 28th of August, information came, that there had been a warehouse broke open, to the office in Bow-street, Mr. Clarke, and Macmanus, and me, went to the prisoner Hart's house, in Plumb-tree-court, Shoe-lane , suspecting that the goods were there, and when we came to the house we went in; that prisoner Abrahams and Mrs. Hart were together, the man was putting on a pair of stockings, and opposite the door there hung a pair of new boots, Mr. Clarke asked the prisoner Hart, who those boots belonged to, she said, she had bought them about three months ago, and they were her property, whilst Mr. Clarke and Mr. Macmanus was gone to search part of the house, I was looking into the bed room adjoining where the prisoners were, and I saw another pair of new boots hung up, and Mr. Clarke took from behind the curtain, two pair of childrens red Morocco pumps, he gave them into my hand, and upon searching them, I found two picklock keys in one of them which are here; when the man had done up his stockings, he was getting up to go away, Mr. Clarke said, you are a prisoner, and he desired me to take the cane out of his hand, which I did; we then, after having found picklock keys, cutlasses, and dark lanthorns, went before the Lord Mayor, and there we heard there was a house broke open and a quantity of boots and shoes stolen: we went to the prosecutor's with Mr. Prior the city constable, and he desired me to cut the strap of the boot, and said, if they were his boots there was the name of Ellis under the strap; I cut it and here is now the name of Ellis, and he also desired me to take and cut the children's red Morocco pumps, and in the back part he said, there was the name of Withey, for he said, they were made for Miss. Withey, daughter of Mr. Withey, an eminent surgeon in Castle-street, Cripplegate, I did so, and there was the name of Miss Withey there: The prisoners were committed for further examination till Saturday, when we came to Guildhall, says Young's son, did you find ever a cane there, I said, yes, we did, and I shewed him the cane, and he said, that was a cane he had borrowed of a cousin of his in the country, to come to town with, and that the cane was his; then they were committed for trial.

Court. This was in Frances Hart 's house? - I imagine so my Lord, I do not know whether that gentleman lives there, he was putting on his stockings.

(The things deposed to by Young.)

That shoe is my property, Miss Withey's name is on it.

Now look at the boots? - I can swear that these boots are my property, the name of Ellis is under the strap of one pair, the other gentlemens names are cut off; this cane I had in my shop before the robbery, the ferril is loose, and the mark here I know it by.

PRISONER ABRAHAM'S DEFENCE.

My Lord, as for the boots and shoes, I know nothing at all of them: I was committed upon a cane, value 2 s. here is my commitment; the cane does not belong to me, I have a person who will own this cane, where it was lent to me between three and four months ago.

(The Court ordered the other witnesses of the prisoner's out of Court.)

JONAS ABRAHAMS sworn.

I lent the prisoner at the bar a stick, a cane, that is my property.

When did you lent it him? - Between three and four months ago.

What sort of a cane was it? - I shall know it if it is among a thousand.

Court. Will you be so good to describe it? - The top of it has a brass ferril, next to that there is a hole, next to the hole there is another brass ferril at the bottom, I put it on myself, I put it on with four little brads, iron brads, and I know my cane amongst a thousand.

(The Jury looks at the cane.)

Court to Jury. Is it so.

Jury. It is yellow iron, my Lord.

Jonas Abrahams . The bottom of the ferril is cobbled on, it is brazed in.

Court. Is there any other mark on the cane? - The side of the cane is scratched a little, which I did with my own cart.

(The cane shewn Jonas Abrahams .)

This is my cane, here are the brads: If it is not cobbled on, I will forfeit any thing.

Court. How many brads are there upon it? - Three or four.

You said four? - There are four holes, I am sure there is.

Court. How came you to lend him that cane? - He came to my brother's house, says he, you have got a pretty cane, I did not care much about it; when do I wear a cane? I have other things to think of; says he, lend me your little stick, your little canes that is the very words: This very cane he had of me and no other.

Court. You are a carter are you? - Yes, I keep a bit of a cart and a horse of my own, and I go with it myself.

Jury. What business are you? - Any thing I can earn a shilling in an honest way, copper, brass, pewter, iron, that is my business.

SARAH ABRAHAMS sworn.

Court. Sarah, What do you know about this? - I know little else then, the gentleman lent the stick to the prisoner at the bar, in my house.

What sort of a stick was it? - I cannot say what stick, I know he lent a stick.

How long ago? - Between three and four months.

What relation are you to Jonas Abrahams ? - Sister-in-law.

How came he to lend him his stick, do you know? - Jonas was in my house, and the prisoner at the bar came in, and he saw the stick in his hand, and he asked him if he would lend him the stick, and he said, yes, and he lent it to him.

Court. Had the prisoner any stick of his own? - No, I do not know the stick, I took no notice of it, because my children were bad.

Jury. Was it a stick or a cane? - A cane.

You cannot describe it? - No.

ANN OLDS sworn.

What are you come to prove? - I do not know what I am called for, I was subpoened

something upon a cane I was told; I have seen the gentleman with a cane, that is all I have to say; if the cane is produced, if I know it I will speak.

Should you know it? - I cannot tell without it is produced.

Can you describe it? - I have seen it frequently divers weeks and months, three months I believe I have: A cane is a very trifling affair you know gentlemen for a woman to take notice of, if the cane is produced, and if I know it, I will speak, that is all.

(The cane shewn her.)

This looks like a cane that I have seen two months ago.

PRISONER HART's DEFENCE.

These boots were given to me in part of payment of rent, of a lodger of mine, for twenty-five shillings, and a pair of red Morocco shoes, which shoes are damaged.

Court. Have you the lodger here? - No, I have not, he is gone down to Portsmouth, it is about three weeks ago, he came in and asked me to lend him a crown, says I, you owe me twenty-five shillings rent, says he, I have two pair of boots, and a pair of children's shoes, I will give you the shoes, and leave the boots in pledge; he bid me to sell the boots, they hung publicly at my door, I offered them for sale, and I could not get the price, which was 35 s.

Prisoner Abrahams. My Lord, the prosecutor said before my Lord Mayor, he had borrowed such a cane of another man; my Lord Mayor committed me because he said, he thought it was his cane.

Court. That is the account he gives of it now.

Young. I borrowed it of one George Creighton , he is not the owner, the cane was left at his house by a seaman that lodged at his house, it was standing behind the table, I was at his house at a christening.

(The Jury retried above an hour, and returned with a verdict.).

JOSEPH ABRAHAMS , GUILTY , Death .

FRANCES HART , GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17830910-38

633. THOMAS BOOKER otherwise BROOKER was indicted for feloniously assaulting Thomas Tildersley , on the King's highway, on the 4th day of July last, and putting him 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 Thomas .

THOMAS TILDERSLEY sworn.

I am clerk of the works at Windsor Castle, I came to town on the 14th of July, a little after ten at night, two people rode up to the chaise, one on the one side, and the other on the other; it was between Gunnersbury-lane and the first Pack-house, the man at the left hand of the chaise rapped at the window, presented a pistol, and demanded my money; upon which, I put my hand in my pocket, and gave him two guineas; that was the prisoner at the bar.

What sort of a night was it, light or dark? - It was a lightish night.

Was there a moon? - I think there was.

Was it light enough for you to know how the men were dressed? - Yes, I think it was, it appeared to me that he had a darkish coloured coat, and the horse was a dark horse with cropped ears: After I had delivered him my money, he put the pistol rather forward, and robbed Mr. Cloude, and Mr. Hicks, who were in the chaise with me: After he had taken our money, he then brought the pistol back again and presented it to me, and demanded my watch, I told him, I had none, he then put the pistol to Mr. Cloude and demanded his watch, afterwards Mr. Hicks, he replied, he had no watch, the prisoner seemed to be very angry, and I was afraid he would have fired, he said, he had not given him any thing; directly after this the man on the right hand side of the chaise seemed to be very much confused, and spoke in broken accents, go on! go on! I took a particular observation of the horse that came upon my left hand side, it was a dark horse with cropt ears, the right hand side horse had a very remarkable kind of a fan tail, and carried it particularly bent upon the rump, this was a lighter coloured horse.

How soon after this robbery did you see the prisoner? - The Monday afterwards, I was at Sir Sampson Wright 's office.

Jury. Had the prisoner any thing over his face? - On one side something blackish appeared, but on the side next me there was not, when he was examined at Sir Sampson Wright 's, I desired he might put on his hat and turn the same side of his face to me, then I was sure; when I went to Margate and Ramsgate, I would not let Sir Sampson Wright 's man go in first; I went into the places first, both in Margate and Ramsgate, and I left Carpmeal, who went with me, on the outside: When I came to Sir Sampson Wright 's, the prisoner was standing in the passage going in before they are brought to the bar, I then saw his front face, I could not be sure it was the man, he was remanded to Bridewell till the Friday, when I thought it would be better for Mr. Cloade and Mr. Hicks, who were with me when I was robbed to come to the office, and Sir Sampson sent for them, upon his examination I then desired that the hat might be put on his head in the position that he robbed me, I then looked at his side face, and was sure it was the prisoner, Mr. Cloade said, he believed it was the man, but was not sure.

Prisoner's Council. The horse with the squirrel tail was not the horse that the prisoner rode? - No.

His horse had only cropped ears, and was of a darkish colour; but had nothing remarkable? - No.

You know the person of Mr. Johnson perfectly well, do you not? - Yes.

I understand Mr. Johnson is about six feet high? - I do not know whether he is.

What particular marks are there about this man? - There are about his eyes.

I believe it was pretty dark at the time? - I believe you will find it was very moon light, perhaps the moon was at the full.

Which side of the chaise was you sitting on? - The left hand side.

And you are sure the prisoner came upon that side? - Yes, Sir, sure.

GEORGE CLOADE sworn.

You was stopped by two highwaymen? - Yes, I was behind, there were three in the chaise, I cannot swear to any man, the man that robbed us was on a cropped horse.

WILLIAM HOW sworn.

I am servant to the livery stable keeper, in Theobald's-road, I know the prisoner by sight, I saw him in Bow-street, I saw him the 13th of July, and the 14th, about half after twelve, I let him have a horse one Sunday afternoon about five o'clock, there was a person in company with him at that time.

Who is he? - I do not know.

Is he an Englishman? - I believe not; I lent the prisoner a cropped dark bay mare, the other was rather a lighter bay horse, carries his tail very high, they returned on Monday about half after twelve o'clock at night, the other person did not go till the Monday afternoon about four o'clock, they were both standing at the gate together; I have seen this man several times, I am very sure this is the man that hired our crop tailed horse.

Court. Had the prisoner hired horses of you? - Never before, the other person had several times.

Court to Prosecutor. You say the other man spoke in broken accents, what do you mean by that? - He seemed to be very much frightened, he spoke in a hurry, go on! go on!

He did not speak like an Englishman? - No.

Prisoner's Council. Did you meet them? - I think they met us, and then turned round the chaise, our glasses were dull with our breath.

PATRICK MACMANUS sworn.

We had information at Bow-street on the 18th, that there was a man lay at such a house, and that they suspected he was a highwayman, Clarke, Jealous, and me went, and the maid said there was no such man there, I said I was very sure he was, and he laid in such a room, Mr. Clarke looked into the yard and said, go up stairs very easy, I clapped my foot to the key-hole and smacked in the door, I went up to the bed-side, and catched the prisoner at the

bar by the arm, and I pulled him right out into the floor, being told that there were pistols seen with him over night, I said to Jealous, lay hold of him and I will look for the pistols, and I turned up the bed cloaths, and here was this pistol under his head, he put on his things, and Mr. Clarke searched his pockets, and found a piece of black crape, this was on the 18th of July, he dressed himself, and begged not to be exposed, we went to his lodgings, Mr. Clarke went in, and we staid on the outside.

Prisoner's Council. When the prosecutor applied to you, he rather suspected a Mr. Johnson, did he not? - So I heard.

The prisoner did not make any resistance, or offer to make any? - No, Sir, that were useless.

JOHN CLARKE sworn.

I went to the bagnio to apprehend the prisoner, I found this piece of crape in his coat pocket, I searched his lodging, and in a red coat pocket I found another piece of crape, and some ball and powder.

Court to How. How was the man dressed that hired the cropp'd horse? - He had a red coat on.

Prisoner's Council. My Lord, I beg Mr. Hickes may be examined, who was in the chaise with the prosecutor and Mr. Cloades, when the robbery was committed.

- HICKES sworn.

I was in the chaise at the time.

Had you an opportunity of having a pretty good view of the people that stopped the chaise? - I saw them both very clearly, but I could not distinguish them enough to swear to them.

Have you any reason to believe, or can you positively swear that the prisoner at the bar, was one? - No, Sir, I cannot, I have no idea that the prisoner was the person.

Jury. Did you see the black side of his face, or the other side? - I was in the other side of the chaise.

Should you have known the prisoner if you had met him any where? - I have not an idea about the person.

Then you have no idea that it was the prisoner at the bar that committed the robbery? - No, Sir, I have not.

Was it a bright night? - It was not, there might be a moon.

Prosecutor. It was a moon-light night.

Jury to Hickes. Do you imagine if you had sat where the prosecutor did, that you should have known the person that robbed you? - Upon my word, I cannot say, Sir,

THOMAS HAMMOND sworn.

Did you drive the chaise in which Mr. Tildesley and the other two gentleman were stopped? - Yes.

What kind of a night was it, dark or light? - Neither dark nor light, you could not tell the colour of cloaths nor the colour of horses, except I was to get down.

Did you see the people stop the chaise? - I overtook these gentlemen, and passed them as fast as I could well go.

Did you observe them? - People that go on that foundation, will not let a post-boy look behind him.

Did you ever give a description of these horses? - No, Sir, no further than that one was a cropt one.

Could you see the colour? - No, it was a thing impossible to tell the colour, one was cropt, the other looked a very merry horse, a man having spurs on, and being merry himself, makes his horse merry.

Any thing particular about him? - Nothing particular.

How did you describe him in Bow-street? - A bay horse with a black mane and tail.

What kind of a tail had one horse? - I cannot tell, at Bow-street when I was examined before, that is the time that I saw them to know them.

Court Was it a moon-light night, or not a moon-light night? - Between one and another, if it had been a very bright evening it would have been moon-light, but it was cloudy.

Did it rain? - I cannot tell, I could not tell one man's cloaths from another,

nor the colour of one horse from that of another.

Prisoner to Mr. Hicks. What colour cloaths had the person on that was on the left-hand side of the chaise? - I understood it was a dark coloured coat.

CATHERINE TODD sworn.

I live at the Lower Lodge at Windsor, with the Princess Royal's dresser, I have known the prisoner many years, but have been particularly acquainted with him for three, I never heard any thing of him but what was perfectly honest and just.

Council for the Prosecution. Where was he about two years and a half ago? - I do not exactly know for two years and an half, I have known him about three years.

Where did he pass one twelvemonth about two years ago? - I do not know.

I mean for some months, a year or more? - I never heard, I believe he was in Ireland four or five years.

I believe he has been somewhere in Kent? - I do not know.

Court. You say you have known him intimately for three years past, has there been any space so long as a year together, within that three years, that you have known nothing at all about him? - No, not one year.

How long has it been that you have not seen him within these last three years? - Six months.

He never has been absent more than six months? - Not within these three years.

Council for the Prosecution. Why do not you know that he has been on board the bulks? - I have heard so, but I do not know to my knowledge.

I asked you if you had not heard it? - I thought you asked me if I knew it.

How long was he there? - I do not know.

How came you to say that you never heard any thing amiss of him? - I heard it, but it was in such a way that I never believed it.

Prosecutor to Witness. You know I told you I was surprized you would let such a person come to the Queen's house.

Court to Mr. Clarke. You know the fact? - It appears in the books that he has been there, after finding out his name, Sir Sampson Wright turned to the calender, and there he appeared for robbing his master, which he owned.

Mr. Vernon. My Lord, I was there at the same time, and it was so.

Court to Witness. What place do you hold in the Queen's house? - Servant to the Princess Royal's dresser, to Miss Niven, the dresser.

Court. It is very fit that this should be mentioned.

GUILTY , ( Death .)

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

Reference Number: t17830910-39

634. ROBERT MOTT was indicted for that he being a person of a wicked mind and disposition on the 26th day of June last, one gelding, price 12 l. the property of Thomas Brasset , in a certain street called Russell-street , feloniously, maliciously, unlawfully, and wilfully, did wound against the statute.

Another Count for maiming one other gelding, price 12 l. the goods, cattle, and chattles of the said Thomas.

THOMAS BRASSET sworn.

I live at Fulham, I had a horse wounded last June, just going out of Covent Garden market to Bow-street, it was my property.

What sort of a horse was it? - A dark brown horse.

Any particular mark? - No, it was about eight years old.

When did you see this horse unhurt? - About eight at night before, on Wednesday the 25th, I saw him at ten the next day, with his side cut, so that you could almost see his guts.

THOMAS SIMPSON sworn.

Court. How old are you? - Thirteen.

Do you know the consequence of taking a false oath? - Yes.

What is it? - Fear of hell fire.

Then mind you speak nothing but the

truth? - I had been at market that morning the 26th of June, I had got him out of the waggon and was going to put him up.

Why did not you put him up? - Going along Russel-street, just by the cross-way, about five in he morning, I met three men they were coming on the cross-way, and this prisoner pulled a knife out of his pocket he struck at the first horse, which he missed, and then cut the second horse in the flank; I never spoke a word to him, nor he to me, nor to any of them; I saw him pull the knife out of his pocket and run towards the horse and cut him; it was quite light, I saw two men and I called them, and I told them of it, and one of them brought the horse back to the market, and the other went with me and took the prisoner, we took him by the corner of the piazza, there was a jack-ass boy and a lamplighter quarrelling and fighting, he run away, and we lost sight of him for a little bit, but I soon saw him again, I was sure he was the same man, I observed him before he came up to the horse, he was dressed in black cloaths, and a pair of leather breeches, we took him almost directly after the knife was found upon him, I was not lame then, the horse has got over it now, thank God, it was a black gelding, but his coat was rather turned dark brown.

Prisoner's Council. The knife was drawn in his hand? - Yes.

Before he came up to the horse? - Yes.

He had no quarrel with you, or any body belonging to the horses? - No.

Did he know who your master was? - No, I do not think he did.

The horse is very well now? - Yes.

- READSHAW sworn.

I was coming out of Covent-garden, the 26th of June in the morning, about a quarter before five, or five o'clock; coming along, seeing the prisoner cross the way from where the coaches were, I believe it to be Russel-street, the sun arising, I saw a knife in his hand, and glittering by the sun shine, I saw him go up to the second horse and make a push at him with a knife, the boy directly cried, he has killed my horse, he run away from the horses and went into a croud of people that were fighting, I sprung the man, I kept my eyes on him, I never lost sight of him, directly a gardener said, I shall take care of you, that you shall go before a magistrate, to give evidence against that man, says I, he is a very cruel fellow.

[The remainder of this trial in part IV. which will be published in a few days.]

ERRATA.

NUMB. VII. PART II.

Page 823, line 26, for I had a bad character, read I never had a bad character.

Page 823, Trial, No. 627, for William and John Berryman , read William Blunt and John Berryman .

Reference Number: t17830910-39

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: t17830910-39

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 10th of SEPTEMBER, 1783, and the following Days;

Being the SEVENTH 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 VII. 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 Robert Mott .

Court. Did he appear to be drunk? - I really cannot say that he was quite sober, he was but a little in liquor, or he might be sober I cannot say, I saw him taken, he was dressed in a black coat or dark grey; I am sure it is the same person.

Prisoner's Council. What arose you so soon that morning? - I went to buy some herbs in the market, six bunches of peppermint and six bunches of balm to make tea of; I had them under my arm at the time.

Whoever the person was, he was in black? - Yes.

Had he had any quarrel with any body? - No.

Did the horses obstruct his way? - He went across the way to the horses with a knife in his hand.

He was drunk? - I cannot say.

Did he know the owner of the horses, or the boy? - Not that I know of, he was going along quietly as I thought, and he went up to the horses and stabbed the second horse; he crossed the foot way, it was not his nearest way.

Did he appear to you to be in liquor? - I cannot say, I think he must be quite reasonable to cross the way and go up to the horse and stab him.

JOHN BLACKWELL sworn.

I went into the watch-house and took this knife from the prisoner.

Was it bloody at the time you found it? - It is now in the situation I found it.

(The knife handed to the Jury.)

Court to Brassett. How long was it before your horse recovered? - About five weeks.

PRISONER's DEFENCE.

I was so much in liquor I knew nothing at all about it.

WILLIAM ARNOLD sworn.

I have known the prisoner from his infancy.

Prisoner's Council. What is his character as to humanity? - Quite tender, I never knew him any other than quite a tender child.

Not bloody, or savage? - Far from it, tender of any thing of that kind.

Do you think, in his sober senses, he would be capable of an act of that cruelty? - I do not think he would.

JOHN MEAD sworn.

I have known the prisoner this twelve years.

From the observation you have seen, and from all that you have known, and from the character that the prisoner bore, do you think he could have done such an act in his sober senses? - I absolutely think that of

himself he would not: I always knew him to be a very gentle disposition from the time that he went to the East-Indies, I am informed he has acted in the capacity of a Hackney coachman .

JAMES WICHE sworn.

I am the prisoner's master, I keep hackney coaches, he has been with me between eighteen and nineteen months, he always boarded in my house, the same as my own family; I had discharged him about four days, I did not want him.

You that deal in horses, you that are hackney men and kept him as a coachman, could have observed his tenderness to his horses in general? - He always used my horses well, to think that ever that lad would be guilty of such a cruel affair as this, he is so very tender over horses, I am sure if he was in his sober senses, he never would have attempted such a thing.

JOHN KING sworn.

I am a peruke maker, I have known the prisoner from his infancy, I should think from my knowledge of him that he was far from any cut of inhumanity; was he in his senses, I would rather think him more effeminate than cruel; I never heard of any cruel act of him.

Court to Jury. Gentlemen: The crime of which the prisoner is charged, is a capital offence, you will judge in the first place, whether he is the man that committed it, and in the next place, whether he did it wilfully and maliciously: There seems to be no doubt about his being the man.

GUILTY, Death .

He was humbly recommended to mercy by the Jury .

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

Mr. Chetwood Council for the prisoner, Moved the Court on the Tuesday following, in arrest of judgment, the act saying, whoever shall wound any cattle, not whoever shall wound any horse, mare, or gelding, under which description persons guilty of offences against horses, are always discribed, for that act of parliament states, that whoever shall destroy any number of horses, mares, or geldings, shall be ousted of his clergy, which was amended by the second and third of Elizabeth, whereby it is declared that any person feloniously stealing one horse, mare, or gelding, shall be put from his clergy, in the same manner as if he had stolen more; now the words are in this statute, unlawfully and maliciously, shall kill, maim, or wound any cattle.

Mr. Baron HOTHAM. I have found a note of a case of the King and Batty, tried by Mr. Justice Blackstone, at Abington assizes,

"and it was afterwards resolved by

"all the Judges, that horses or cattle within

"this act, which is the thing set out as an

"extension of the statute of the twenty-second

"and twenty-third of Charles the

"second, which makes killing horses a

"capital offence. Therefore, I see no

"ground for the arrest of judgment."

Reference Number: t17830910-40

650. MORGAN WILLIAMS was indicted for that he, on the 17th of August last, feloniously did steal, one cloth cloak, value 5 s. one linen gown, value 7 s. one linen petticoat, value 8 s. one black Russel petticoat, value 10 s. one cotton gown, value 10 s. one black Bombazeen gown, value 10 s. three yards of chintz, value 10 s. nine yards of thread lace, value 20 s. two lawn aprons, value 5 s. two muslin caps, value 2 s. one pair of women's shoes, value 2 s. and one wooden box, value 1 s. the property of Mary Butler , in the dwelling house of Robert Taylor , the said Mary Butler , then being in the same dwelling house, and put in fear and danger of her life, by the said Morgan Williams .

Another Count for stealing the same goods, the property of Mary Butler , in the dwelling house of Robert Taylor .

MARY BUTLER sworn.

I live in Oxford-street , in the house of Robert Taylor .

Do you know the prisoner? - Yes, he is the person that robbed me about half after six in the morning, of Sunday three weeks,

my father and mother got up in the morning to take a walk, and in about five minutes after they were gone, the prisoner came down into the kitchen, I was in bed in the kitchen, he walked very gently about the kitchen, and I drew the curtain aside to see who it was, and I saw him put my shoes and buckles into his pocket, within side his coat, then he went to the large chest in the kitchen and opened it, he then took up my box that had all my cloaths in it, that stood under the dresser.

Court. What is the value of those things together? - I do not know what my mother valued them at, she bought them and gave them to me: When I saw the man take up the box, I cried out, and said, if he did not put them down, I would call after him: he went on the side of the door, and put the box down, and pulled out a knife, and took hold of my right arm, and put his knife to my left breast, and told me, if I did not promise I would not speak, he would kill me; I promised him I would not speak, then he took the box and the shoes, and went away.

Was you terrified much? - Yes, I am sure the prisoner is the man.

JAMES JOHNSON sworn.

I went into the house where the prisoner brought the things to, that was three weeks last Sunday.

Whose house was it? - Mrs. Tibbins's, he had a bundle, he was on the bed, and the cloathes were over him, and he said they were his wife's who was dead in the country, I saw a gown and a white petticoat, he gave me a cloak and I sold it to Elizabeth Freeman for half a crown, I asked him for something to drink, and he had no money, and he gave me the cloak to sell, it is here.

(The cloak deposed to.)

ELIZABETH FREEMAN sworn.

I bought the cloak of James Johnson .

MARGARET HEWSON sworn.

The prisoner gave me two aprons to pawn, he said they were his wife's who was dead in the country, he came to the house where I lodged, that is Mr. Timmings's, I brought him the money, I pawned one for eighteen-pence, and another for one shilling I saw nothing more.

DANIEL BULKLEY and another Pawnbroker sworn.

(Produced the two aprons the last witness pawned with them, which were deposed to.)

ELIZABETH WARMINGTON sworn

I am the girl's mother, I bought all these things for her that were stolen, and gave them to her, the things were bought at different times, they are worth eight or nine pounds, I saw the prisoner at my door on sabbath-day morning the seventeenth day of August, there was a quantity of blood spilt at my door, and I was looking at it, and the prisoner walked across the road, and tumbled it about with his feet; this was half after six in the morning.

(The things deposed to.)

JOSEPH WARMINGTON sworn.

(The box produced.)

I found this box at the same house where the things were taken to at Timmings's; there was nothing in the box.

ELIZABETH TIMMINGS sworn.

Do you know that man at the bar? - Yes, I think I have seen him before.

When did you see him? - On Sunday morning I happened to go up stairs into my place between nine and ten, and I saw such a man, as I think, laying on the top of one of the beds, I scolded him, and asked him how he came there without acquainting me, and he was in liquor, I am sure he was, and I bid him get up directly, and I went down stairs, and I never saw him from that till night.

Did you see that box with him? - No, not a farthing's worth, not a penny's worth, he came in the evening and was going up stairs, he said, he wanted to go to bed, I said, he should have no bed there, he said,

he could pay for one, I said, he should have none because he was so saucy in the morning, then he came down stairs, and some sailors lodged there, and one of them came in; the next day, Monday, this was thrown in the dust hole at the back door.

PRISONER's DEFENCE.

I was coming up Holborn, and I happened to meet a woman and she asked me to go along with her, and I went, and she took me to this house, and I gave threepence for a bed, and I fell asleep on the bed, and there were four beds in the room, there were men and women in the room besides me; I have one witness; I have been in the train of artillery belonging to Gibraltar, I have gone through a great deal of hardship; here is my discharge; the prosecutrix went to this gentlewoman's house, and offered to make it up for nine guineas, and would not prosecute me.

ELIZABETH FOSTER sworn.

I have known the prisoner many years, he has not been in England but about half a year, I knew him before he went to the train of artillery; he was abroad five years and ten months; he is my brother in law; both by the same mother; I know no more than I am come to speak what I can for him; I hope the Court will be merciful to spare his life; there is plenty of trades people that know me, that are neighbours: This fellow, that is the ringleader, is a very bad fellow by all account, we have kept the prisoner for theee months out of the time that he has been in London, and he has lived at the Cardigan, Charing-cross, about two months; it is but within this little while that he has got acquainted with this fellow; he was discharged for being disabled to serve; I live in Piccadilly, I am not afraid to tell where I live.

(The discharge read, signed by Major General Cleveland.)

Prisoner. I received a piece of a cannon ball upon a place called Willis's, in Gibraltar; I was going to be recommended as soon as ever the battallion came home.

GUILTY Death .

He was humbly recommended to mercy by the Jury .

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

Reference Number: t17830910-41

636. THOMAS LIMPUS was indicted for that he at the General quarter sessions, holden at Westminster, on Tuesday the 8th day of October, 1782, before William Mainwaring , Esq; and others, was tried for stealing, on the 4th of September then last, a cambrick handkerchief, value 10 d. and was sentenced to be transported as soon as conveniently might be, to some of his Majesty's colonies and plantations in Africa, for the term of seven years, and for that he, the said Thomas Limpus afterwards was at large within this kingdom, to wit, on the 11th of September last, without any lawful cause, and before the expiration of the said term of seven years, for which term he had been ordered to be so transported , against the statute and against the King's peace.

JOHN TOWNSEND sworn.

This is a copy of the conviction of the prisoner, signed by Mr. Thomas Vaughan , I saw him sign it in the new sessions house.

Court. Is he the clerk of the peace? - Yes.

(Read.)

HENRY WRIGHT sworn.

I have been sixteen years turnkey of Tothill-fields bridewell, in last October sessions, the prisoner was tried and convicted for picking of pockets, I was present.

What was the indictment for? - For stealing of a cambrick handkerchief, he was found guilty, and received sentence to be transported for seven years to Africa; I brought him myself from the Court and delivered him to Mr. Akerman's servants, with the order of Court at Newgate, I never

saw him from that day till this, I know nothing of the apprehension of him.

JOHN TOWNSEND sworn.

I am servant to Mr. Akerman.

Do you remember this prisoner being brought to Newgate? - Very well, he was brought in October.

What time in October? - I cannot rightly tell the day of the month.

Was you present when he was brought? - No, my Lord.

Then you only saw him in Newgate? - I saw him in Newgate.

Can you recollect the day when you first saw him there? - I believe, my Lord, I saw him the very next day that he was brought the over night, but I cannot tell the day; on the 1st of November, my master Mr. Akerman, and I, and another of my fellow servants took the prisoner from Newgate, in company with Patrick Madan and a good many more in a cart to Blackwall, we took them down to the boats chained two and two together, and we put them into a couple of boats, and from there we took them on board the Benkiesa to the Captain.

Do you remember the Captain's name? - No, I do not, as soon as ever the boats came alongside, they got up into the ship, and we delivered them safe, and they ironed them, and put them in the hold.

Did you tell them the purpose for which you brought them? - We told them, they were the convicts ordered to go to Africa, and there we left them.

WILLIAM COLLINS sworn.

I took the prisoner, on Thursday the 11th of this month, between nine and ten o'clock in the evening, in King-street, Seven-dials.

Was any one with you? - Nobody, he was walking along, he passed me in the street.

Did you know him before? - Yes, I had seen him at our office, at Mr. Walker's several times, I think there were two more with him, he began to cut me as hard as ever he could with these knives.

(Two knives produced.)

He swore he would cut my bloody life out.

Had the prisoner both of these knives? - This was naked which he kept cutting at me with, and this other I think I saw him put into his pocket, I kept falling back from the knife.

Did he wound you? - No, I avoided it, and halloo'd out Stop thief! and with the assistance of a butcher, the knife was taken out of his hand.

Was the knife open? - It was open, my Lord, naked; the other I cannot be certain in the flurry, whether it was open or not.

SAMUEL DEBATT sworn.

I am a butcher; on Thursday night, the 11th of this month, about half after nine o'clock, in King-street, Seven-dials, I heard Mr. Collins halloo out Stop thief! and I was in the shop, and I went to the corner and I saw the prisoner, he swore, damn his eyes, he would cut his bloody melt out, or his bloody life, I cannot say which, to the best of my knowledge it was his bloody melt, and just then Collins said, butcher, I have got the knife, seize hold of him.

You yourself did not see the knife in his hand? - No, I did not, I should not have taken hold of him, only Mr. Lee the grocer, the corner of King-street, said, he had like to have cut me.

Did he wound any body? - No, Sir.

Prisoner. Whether both my hands were not in my jacket pockets at that time, and as I went along they took the knives out of my pocket? - I never saw any knife taken out of his pocket, his left hand was down; I said to the prisoner, says I, you ought to be ashamed to carry a knife open as you did, and he said, damn me, I would have cut you.

PRISONER's DEFENCE.

My Lord, on the 3d of last December, I was landed on the island of Goree, with nineteen more, the soldiers were drawn up in a circle on the parade, the Lieutenant of the island ordered us all into the middle of it, and told us we were all free men, and that we were to do the best we could, for

he had no victuals, there was a ship lay in the bay, I went on shore several times and did work for the governor, I remained there till the time I came home, which was last Saturday was three weeks, I did not chuse to go into the hands of the enemy, I got on board of this English vessel, I had engaged to go out in her again, I sent to our captain yesterday by my mother, and he is clearing out his ship, and when that was done, he sent word he would come, we laid four days in the bay before the governor would receive us, he said his troops were starving already on the island, and it was very hard that he should have a parcel of men on the island; when we came away, the island was given up to the French.

What is the reason that you behaved in this outrageous manner? - I did not behave so, these people speak as false as God is true.

GUILTY Death .

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

Reference Number: t17830910-42

637. ANN FARMER and ELIZABETH JONES were indicted for feloniously assaulting on the King's highway Elizabeth Sumner , on the 13th of August last, and putting her in fear and danger of her life, and taking from her person and against her will, one pair of pattens, value 6 d. one nutmeg grater, value 1 d. and two shillings and seven-pence three farthings in monies numbered, the property of the said Elizabeth .

ELIZABETH SUMNER sworn.

I know the prisoner at the bar by sight, on the thirteenth of August, a quarter before six in the morning, I met the prisoners in Drury-lane , and they asked me for a penny, and they followed me, and one of them stopped me, while the other put her hand in my pocket, they took away from me half a crown and seven farthings, and one snatched the pattens out of my hand, I took them about six the corner of Tower-street, Saint Giles's, the prisoners were the same people that robbed me.

Did you immediately follow them? - No, a man was coming by, and I begged him to save me.

Which of them held you, and which of them took the money from you? - I cannot positively say I was so frightened, but one of them held me, and the other put her hand in my pocket.

PETER BATES sworn.

About a quarter before six, on the thirteenth of last month, I was going to my work at a coach-maker's in Saint Martin's-lane, and I saw the woman that was robbed at a little distance before me, it was the corner of Tower-street, the prisoner Jones laid hold of this woman, and the other came across the way from Castle-street to Tower-street, and immediately seized hold of her, and the prisoner Farmer put her hand into her right-hand pocket, and took out a half crown piece, a penny in halfpence, and three farthings in farthings.

Was you near enough to see what money there was? - Yes.

How near? - I suppose about two yards distance, and she snatched a pair of pattens out of her hand, and swore directly that if she offered to resist in any manner, that she would split her skull open with these pattens, I immediately stepped upon the kirb stones, and I saved the blow, and some people standing by they said they ought to go to the watch-house, they went from the corner of Tower-street to the end of Lombard-court, and I myself and two more men went and fetched them back to the corner of Tower-street, where they had robbed this woman, and we were going to take them to the watch-house, and as soon as they found that we were going to take them to the watch-house, Ann Farmer threw down the half crown and the halfpence on the stones, and the pattens, the woman was going to pick up the money, and I told her not to touch it.

Court. Why so? - Because I thought as she had robbed her, she had no business with it.

Who took it then? - Ann Farmer took

it up, and called her a bitch, and swore she should not have it; the prosecutor took the pattens herself.

PRISONER JONES's DEFENCE.

We were drinking at Mr. Russel's, we are all unfortunate women, the prosecutrix and we two were drinking in the morning, she had not a farthing to pay her reckoning, I changed a shilling to pay for it, and I fell asleep, and while I was asleep this fellow prisoner and the prosecutrix were gone, and my pocket was picked, I saw them at Tower-street and the other witness, the last witness keeps company with the prosecutrix; when the mob was gone, then he and another took us to the Round-house, we were all in liquor.

Court to Elizabeth Sumner . Did you know the women before? - To my knowledge, I never saw them before, I met them in Drury-lane, I was going to Mr. Hughs's in the Strand, I was coming from Grosvenor-square, I live in Grosvenor-square, I am out of place.

Where had you been all the night? - I was where I live at Mr. Bateman's, in James-street, Grosvenor-square; I am generally up early, I was going down to be employed at Mr. Hughs's in the Strand.

Jury. Is Drury-lane in your way? - I went a cross Covent-garden.

ELIZABETH BACON sworn.

Where do you live? - I live in James-street, Grosvenor-square with my mother, she is a calenderer.

On this 13th day of August was the prosecutrix at your house? - She was.

Had she slept in your house the night before? - She had.

What time did she leave your house? - About five in the morning I think to the best of my knowledge, I was not up myself, I am sure she was there, she is always at our house when she is out of place, she was at home all night.

What was the last time you saw her in your house? - I saw her about five in the morning, when she got up she came into my room.

ANN FARMER , ELIZABETH JONES ,

GUILTY Death .

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

Reference Number: t17830910-43

638. PETER WILLIAMS was indicted for feloniously assaulting, William Cross , on the King's highway, on the 7th of September last, and putting him in fear and danger of his life, and taking from his person and against his will, one silver watch, value 3 l. one steal chain, value 6 d. one steel seal, value 2 d. one steel key, value 1 d. the property of the said William .

WILLIAM CROSS sworn.

I was robbed on Sunday night last in Whitechapel , about eight at night by the prisoner.

Was it light or dark? - It was moon-light, and a lamp just by, I lost a silver watch, a steel chain, and a steel seal and key, I followed him immediately, he never was out of my sight, William Towers helped me to take him, we did not find the watch; Towers was within three yards of me, when I was robbed.

WILLIAM TOWERS sworn.

I am a whitesmith by trade, I was in company with the last witness when he was robbed, there was another with the prisoner.

Had he any arms? - Not that I know of, we had just got out of a hackney coach, within twenty yards of Petticoat-lane, with intent to go down by one of the Stratford coaches, and I was talking to the coachman, I might be five yards beyond him on the other side the kennel, I heard a noise, and I thought I saw two men seizing him, and using him ill, I went to his assistance, and the two men run away immediately; on their running away, he says, they have got my watch, I immediately pursued them as fast as I could, and I came up with the

shortest, the other ran away, I fell down, the next witness seized him directly, and took hold of him by the collar, I never lost sight of him, I found no watch upon him, I felt the outside of his jacket, and felt a lid of a box in his pocket, and when he came to be searched, there was no such thing in his pocket; the prosecutor lost a tobacco box.

Prisoner. Whether I spoke to him or the other gentleman from the time he took me or before? - You said you was not the man that took the watch.

Court to Cross. Which man was it that took your watch? - This man, he struck me and snatched it out, I saw it in his hand, he never spoke to me but struck me.

SAMUEL SMALLHALL sworn.

I was present when the prisoner was taken, and at the time of the robbery, I saw the prisoner jostling up against the prosecutor's belly, I did not see him take the watch, I took him first.

PRISONER's DEFENCE.

I gave in my petition to you just now; I have been four years in America.

(The Petition read.)

To the Honourable COURT.

"Your humble petitioner Peter Williams , now standing indicted before this Court, on suspicion of snatching a watch from the prosecutor, begs leave to inform this Court, that as your petitioner was passing by Petticoat-lane, in White-chapel, going to his home in Wapping, he was taken up and searched on a supposition, that your petitioner was a party concerned in snatching the watch in the crowd; your petitioner is innocent, he has been now eight days confined, he has been on board several ships, and hopes his innocence will be proved, he never was before a Court of Justice, till this awful day; and if you acquit your petitioner, then with all humble submission and duty, he will ever pray." - I have no witnesses.

GUILTY Death .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17830910-44

639. THOMAS TANNER was indicted for feloniously assaulting Matthew Bennet , on the King's highway, on the 12th of August last, and putting him in fear and danger of his life, and taking from his person, and against his will, one canvas bag, value 1 d. and six pieces of gold coin of this realm called guineas, value six pound six shillings, and three shillings and sixpence in monies numbered, his goods and monies .

MATTHEW BENNET sworn.

I was robbed on the 12th of August.

Do you know the prisoner? - Yes, that is the man, I certainly was robbed by that man in Smithfield , rather past ten in the evening, he took from me six guineas in gold, and three shillings and sixpence in silver, nobody but him and me were present, I never saw him I believe, till about eight or nine days after, I heard he was in the Poultry Compter, I went there and saw him; I go every day to Islington Spa, to drink the Mineral-water, sometimes I am in so great an agony, I cannot walk, and I went promiscuously into a house, the Duke's-head, in Turnmill-street, to get a pint of beer to nourish me, being in a low situation: I came from the Spa about seven, or between seven and eight, I cannot say to a few minutes, I sat down in this house to rest me, I did not see the prisoner, I drank share of half a pint of beer with a man in the butchering business, and this young man was in the back part of the house; there was a woman in his company and one young man, and he pretended to know my family, I know nothing of him.

What did you drink? - I think according to the account the landlord said the next day, we had four pots of beer: This past on till ten o'clock, I put my hand in my pocket, I had six guineas in a yellow purse and some silver, and I took out a shilling out of my purse to pay my reckoning; the man of the house said, he had some knowledge of my face, says he, Bennet, I recommend this man to see you safe home, you are a cripple, you have a dangerous way to go, says I, I know nothing of him, do you know him? he said yes: I live at the edge of St. George's-fields:

So the prisoner went with me to Smithfield, and there he all of a suddenst opped me, and took me by the throat and throttled me, and took my money, which was six guineas, and three shillings and sixpence in a canvas bag, by force of arms; he said,. if I made the least resistance in the world, I was a dead man: It was all the money I had in the world: I could pick the prisoner out in a field of ten thousand men: I did not know when I came into Court, and looked for him where he stood, as God is my judge.

PRISONER's DEFENCE

I came to one of Mr. Birkett's door, and seeing Bennet sit at the door, I went into the house and drank with him, he was very much in liquor, we staid from five till eleven, Mr, Birkett said to the prosecutor, you had better leave your money with me.

Court to Prosecutor. Was you drunk or sober?-I was as much in my senses as I am now in your presence.

Prisoner. My Lord, then the prosecutor said to me, see me home, and at the corner of Smithfield I said, shall I put you in a coach, he said no, I will walk quietly by myself, I sent to Mr. Birkett, but he is not here.

WILLIAM ROSE sworn.

Mr. Bennet had employed one Mr. Cottrell an attorney to indict this man for him, and Cottrell waited upon Mr. Birkett the landlord to know whether the man was there, and he told Cottrell if Bennet would not prosecute the prisoner, and take his licence away, that he would find all the money.

Guilty Death .

Tried by the London Jury before Mr. Justice Ashurst.

Reference Number: t17830910-45

640. SARAH GAFFEL was indicted for feloniously stealing on the 13th day of August last, one linen jacket, value 6s. one linen waistcoat, value 2s. one pair of nankeen breeches, value 8s. one black silk handkerchief, value 3s. and one pair of thread stockings, value 6d. the property of William Chivers ; and one cotton jacket, value 10s. one linen waistcoat, value 6s. one pair of jean breeches, value 6s. one pair of silver shoe-buckles, value 16s. one black silk handkerchief, value 4s. one pair of cotton trowsers, value 3s. and 16s. in monies numbered, the property of William Henry , in the dwelling house of Paul Bromley .

WILLIAM CHIVERS sworn.

I live at Edmonton, on the thirteenth of August last I was robbed about one in the morning, I happened to awake, and found my things, mentioned in the indictment gone, they were found on the prisoner the next morning at eight o'clock in Swan-alley, Grub-street, there I saw them last, we were at Paul Bromley 's house, at the top of Quaker's-street, Spital-fields , I slept with the prisoner that night, I missed the things between one and two in the morning, the prisoner said she would go and get some water, we laid down on the bed for a quarter of an hour, I went to sleep, and when I awaked I missed these things, I had been asleep about half an hour.

William Henry (a Black) sworn.

I lodge at Pelham-street, Brick-lane, I am a servant out of place, I lived last with one Mr. Meadows, I came from the West-Indies about a month ago; the prisoner took a pair of buckles from me, and the other things mentioned in the indictment; I missed my things about two in the morning, I cannot tell what morning, and they were found at Bromley's house.

How came you to be with the prisoner that night?-Two girls asked us to go and lay with them there that night.

Is the prisoner one of those girls?-Yes.

How do you know the prisoner stole your things?-Because the other girl was in liquor and was asleep.

Which was your bedfellow?-The other girl.

Then you slept with her?-No, I did not, I laid with her.

She slept with you however?-Yes, we four went into the room together.

How do you know but the other girl was the person that took your cloaths?-No, Sir, she was fast asleep when the things were taken, she staid there all night, and the prisoner got up and took the things away.

Where did you find these things?-In Grub-street, I found the goods on her with the constable, the last witness was with me.

Did you ever get the things again?-They are here now.

WILLIAM PHILLIPS sworn.

I am a constable; on the 13th of August I was sent for to take charge of a girl, (not the prisoner) who was with these two sailor s, till she produced the prisoner, and she did produce her, we found the prisoner behind the door, and took from her the things in this handkerchief; here are all the things but the money and one linen waistcoat.

(The things were deposed to.)

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

Guilty

Of stealing to the value of 39s.

Transported for seven years .

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

Reference Number: t17830910-46

641. WILLIAM MACNAMARA was indicted for feloniously stealing, on the 8th day of August last, one pair of stone knee buckles, value 20s. the property of Thomas Lewis , privately in his shop .

THOMAS LEWIS sworn.

I am a toyman, comb-maker, and hardwareman , in Ludgate-street ; on Friday the 8th of August, about half past one o'clock, the prisoner at the bar came into my shop and asked to see some stone knee buckles, I shewed him some, he complained of their not looking so well as some he had seen, whilst I was turning about I kept a glance upon him, and I saw him putting his hand into his waistcoat pocket, and tucking something into his waistcoat pocket, that gave me a suspicion, I looked in the draw but did not miss any thing; he then looked at another pair of buckles which he asked me the price of, and agreed to give me 26s. for, then he looked at some shoe buckles and agreed for a pair, and desired I would put them by and make a note, and he would call in the afternoon for them; all this time I suspected he had stole something, I then asked him to leave me earnest, he gave me a shilling earnest, and went out of the shop, I then called my wife and told her, I was convinced that gentleman in scarlet and gold had stole something; I followed him, and in St. Paul' Church-yard, I saw him take his hand out of his pocket and look in his hand, which he took from his pocket as he walked; he turned up by the printseller's and up Ivy-lane.

Did you lose sight of the prisoner from the time he left your house till you apprehended him?-Yes, once, I followed him from Ludgate-street, and he went into Newgate, but at the top of the Old Bailey he stopped to speak to a gentleman, after he was gone, I asked the gentleman if he knew that gentleman in scarlet, he said, no; I waited till he came out of Newgate, when he came out, I desired to speak with him, I asked the turnkey if we might go into the lodge, I went into the lodge, and the prisoner immediately followed me, and the turnkey immediately followed him; as soon as I got into the lodge, the prisoner had a pair of stone knee buckles in his hand which he presented to me, rather thrusting them into my hand that I might secret them, his hand was open with them, I saw them in his hand, I knew immediately that they were my property; I told him, that I knew he had been doing something that he ought not to do, that I was convinced he had robbed me, but not sufficient to challenge him before, he said, that was too true; the turnkey followed him, observing him put his hand into his pocket as he was going into the lodge, and take something out: I told

him though he was rascal enough to rob me, I was not fool enough to compound felony; I took the buckles as my property; some of the people belonging to Newgate and me, took the prisoner immediately before Alderman Sanderson.

Prisoner's Council. I do not understand what you mean by compounding a felony?-I understand by it, if you take goods back after they have been found upon a thief, you compound felony.

You have not quite a right idea of it Mr. Lewis.

Court. It is not necessary he should be a lawyer.

Your Lordships know very well, that compounding a felony, is not taking goods back again, but taking money not to prosecute.-He meant privately to thrust the things into my hand and not openly.

He came in the appearance of a gentleman?-Yes.

And he is a man of good family, is not he?-Yes, I believe he is.

Was any thing said by him, when he gave you the buckles, that he had taken the things in a mistake and meant to return them?-No.

Did he speak in a low voice?-He spoke in a low voice.

Did you see any thing go into his pocket?-I saw his hand thrust and that gave me a suspicion.

He did not say any thing to you, when he gave his hand and wanted you to take them back?-He only held them to me loose in his hand without any paper, which is generally the case when they do not buy, they carry them without paper; nothing was said till I told him, he then said it was too true.

Did he not say it was not true?-I know this is a capital offence, I did not wish to make it so, I am sorry to find it is laid so, but yet I am under the necessity of speaking facts; it hurt me a good deal when I found it was capital.

Court. Are these the buckles you took from the prisoner?-I know them by a ticket tied to one, which is in my own hand writing, and the other has a little bit of one of the tongues broke which was previous to this accident.

JOHN PITT sworn

I am head turnkey of Newgate, I know the prisoner very well.

Do you recollect when he came into Newgate in company with Mr. Lewis?-I think it was the 8th of August, it was of a Friday; he came and asked me if one Esquire Atkins was not there, under sentence of death, I told him he was, but he was rather too late to see him that day; Mr. Lewis came up and asked me, if there was not a gentleman came in, dressed in scarlet, I said, there was, says I, stop a bit and you will see him come out; and when the gentleman came out Mr. Lewis spoke to him, and told him, that he suspected he had some of his property, and he directly put his hand in his breeched pocket and said, here it is, I own it.

Prisoner's Council. Them were the words?-The very words.

Those were all the words he said?-Yes, any thing relating to the business.

Court. What did Mr. Lewis say on the occasion?-I believe Mr. Lewis made an answer to him, I do not suppose you intend to fetch the things you have paid earnest for, and gave him the shilling back again.

Court to Prosecutor. Do you recollect giving him the shilling back again?-I do, for I knew he had no opportunity of coming again in the afternoon.

Prisoner's Council to Prisoner. Mr. Macnamara, I cannot say anything for you, though I have your story here in brief.

Court to Prisoner. Mr. Macnamara, it is now your time to make your defence, would you leave it totally to your council, he cannot make a defence, he can only examine witnesses and observe upon points of law.

Prisoner. I wish to leave it to my council only, I would beg, my Lord, to ask one question of my prosecutor, which is, whether I did not agree with him for the buckles he has in his possession?-Not those

buckles I had from the prisoner in Newgate, but another pair which I have in possession at home, he never asked me the price of these buckles.

Court to Prisoner's Council. Have you any witnesses on the part of the prisoner?

Prisoner's Council. My Lord, I understand Mr. Macnamara has not been three months in England.

Guilty Death .

He was humbly recommended to mercy by the Prosecutor .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-47

642. JOHN FRANCIS was indicted for that he well knowing, that one John Francis , served as a carpenter's-mate on board the Panther, and that certain prize money was due and owing to him for the said service, on the 2d of September last, feloniously did forge, and counterfeit, and cause and procure to be forged and counterfeited, a certain letter of attorney with the name of John Francis thereto subscribed, purporting to be signed by the said John Francis , the carpenter's-mate aforesaid, in order to receive the prize money due to him for his service, with intention to defraud the said John Francis .

A Second Count for uttering the same, knowing it to be false, forged, and counterfeited, with the like intention.

A Third Count for making and counterfeiting a certain deed, with the name John Francis, thereunto subscribed, purporting to be a letter of attorney described as before, with the intention to defraud Paul Maylor , David Webster , Edward Ommanney , Vincent Corbett , and Edward Paget , Clerk

The Fourth Count for uttering the same with the like intention.

WILLIAM THOMAS sworn.

I am clerk to Mr. Abraham Abrahams , No. 29, St. Martin's Le Grand , I saw the prisoner at the office two or three different times, particularly on Saturday the 30th August, he came to have a power of attorney drawn up, he said he was going to sea again, he mentioned the Panther, and said he was a carpenter's-mate on board the Panther, he said his name was John Francis , and there were wages due to him besides; Mr. Abrahams desired I would go and get a blank power of attorney, and bring it to the Salutation Tavern; I went and got it, I was there about ten minutes before he came in; Mr. Abrahams had just done dinner.

Did he sign the power of attorney?-Yes, Sir.

Look at that?-That is it, it is my hand writing, on the Tuesday afterwards, I went to Mr. Ommanney's in America-square

(The Power read and signed John Francis .)

The prisoner came to the office on the Tuesday, and asked Mr. Abrahams, if he had done his business, Mr. Abrahams said no, but says he, as you are here, you had better go yourself, and he directed me to go with him; when I went to Mr. Ommanney's compting-house, I told him my business, he said, money due to John Francis , on board the Panther, why, he was paid two days ago; I shewed him the power of attorney, and he asked me where John Francis was, I told him he was at the door, I beckoned to him, and he came in; then Mr. Ommanney asked him if his name was John Francis , he said yes, was you carpenter's-mate on board the Panther, he said yes; then Mr. Ommanney asked him where he was born, he said at Bristol; upon which Mr. Ommanney said that would not do, for John Francis was born in Ireland. A seaman happened to come in, who had been in the Panther, and he said, he was not the John Francis that was on board the Panther. I had turned my back, and was looking at the almanack, and the man slipped away, he was presently brought back.

EDWARD OMMANNEY sworn.

What are the name of your partners?- Paul Maylor , David Webster , Edward

Ommanney , Vincent Corbett , and Edward Paget .

What is Mr. Paget? - He is clerk and secretary to Lord Rodney .

Was there such a man as John Francis in your books? - Yes, there is such a name in my prize list, which is the proper man's signature, which he received the day before one hundred and twelve pounds fourteen shillings and sixpence, that was the day before, I think it was about one o'clock, on the Tuesday se'nnight, that Mr. Thomas the last witness, came into the compting-house, there were two or three people there, he said, he came for the prize money of John Francis : I had at the very instant the check, which was returned to me from the bankers that morning, the check by which the real John Francis was paid: I told him Mr. Francis was paid, he said, he knew nothing of that, he came from the real John Francis , for that he had told him an hour or half an hour before that he was unpaid, says I, why did not he came himself, why did he make a power of attorney, he said the man told him, that he had been to my house two or three times for the money and I refused to pay him for want of the carpenter's certificate; he said, there was the power of attorney, and he came to demand the money, I said, the power of attorney is certainly a forgery, and if you do not find the man that brought it, I shall charge a constable with you, says he, the man is at the door: I went out and there was two men stood against the wall, says I, is any one of your names John Francis , the prisoner said yes; I asked him if his name was John Francis , he said yes, I asked him if he was carpenter's mate of the Panther, he said yes, I asked him if he was present at the taking of the Dutch convoy, he said yes; he said his age was twenty-four, why says I, the real John Francis was forty when the prizes were taken; I sent for a constable, and we were talking of other things, and did not take much notice of the prisoner, he slipped out, andran away the door being open; he was brought back again in about ten or twenty minutes.

Is that the same man? - Yes, that is the same man; there came in a man who is in Court now who belonged to the Panther, whose name is Henry Clarke , whose face I remembered, he came to ask some questions in a very civil way, says I to him, did you belong to the Panther? - Yes. - Did you know that person? - No. - Is not that John Francis ? - No he is not like him, I saw John Francis yesterday.

RICHARD HORNE sworn.

I am clerk in the Navy Office, it appears from the book which I have here, there was a John Francis on board the Panther, who was carpenter's-mate.

Prisoner's Council to Mr. Ommanney. Did you shew the prisoner any paper or only interrogate him? - I only asked him is name and in the office there was no paper shewn to him or any thing of that sort, I asked him if he made that power of attorney, and he admitted that he made it.

Did you shew it him, Sir? - Yes.

JOHN WADE sworn.

I was master of the Panther from January, 1780, to the 24th day of April, 1783.

Do you remember John Francis the carpenter's-mate, look at that man? - He is not the man, nor never belonged to our ship, while I was master of her.

Was you on board when the prizes was taken? - I was.

Court. Is there any of Mr. Ommanney's clerks here that paid the real John Francis ? - No.

Mr. Ommanney. I have a very particular recollection of John Francis ; the man came to me on seeing the account in the news-paper.

Court to Mr. Clarke. What sort of a man was the real John Francis , in person and age? - A very lusty man, and little hair and is quite grey.

Mr. Ommanney. That is agreeable to my description of him, and so the book describes him.

Prisoner's Council. That book is no evidence.

HENRY CLARKE sworn.

I was a private marine on board the Panther.

Was you on board when the prizes were taken? - Yes.

Did you know John Francis the carpenter's-mate? - Yes, very well.

Was the prisoner ever on board that ship? - Never to my knowledge, he is a perfect stranger to me.

Are they at all alike? - Nothing at all.

PRISONER's DEFENCE.

I am not guilty of the crime, my witnesses are not in town.

The prisoner called one witness who gave him a good character, and said his name was. John Francis .

GUILTY , Death .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-48

643. JAMES FITZGERALD was indicted for feloniously stealing, on the 31st of July last, one cloth jacket, value 7 s. the property of John Rose .

The prosecutor not appearing the prisoner was

ACQUITTED .

The recognizance was ordered to be estreated, but afterwards on the prosecutor's appearance it was discharged.

Reference Number: t17830910-49

644. JOHN FULLER was indicted for feloniously assaulting Mary Tarrant , spinster on the King's highway, on the 2d of August last, and putting her in fear and danger of her life, and taking from her person and against her will, one linen apron, value 12 d. one cotton gown, value 18 s. one petticoat, value 10 s. two shifts, value 4 s. one linen shaul, value 3 s. one muslin apron, value 2 s. two aprons, value 2 s. one pair of shoes, value 12 d. one pair of cotton stockings, value 2 s. one pair of worsted stockings, value 6 d. and three linen handkerchiefs, value 2 s. and one cloth cloak, value 7 s. her property .

MARY TARRANT sworn.

I live in Cambridge-street, I am a servant to Mr. Watkins till I can get a better place, he is a joiner and carpenter; last Saturday night was five weeks, I was coming from my place alone in Hyde Park a little before ten at night, and I met the prisoner just by the bason by the walnut trees; Mr. Watkins was with me, I was coming from Brompton-row, I was coming along, and I saw two men they were some little distance off us, and they seemed to look on us; they came up to us, and the other man clapped his pistol to my breast, and said, your money or your life in a minute; and I said, I had no money, and they said, if you do not deliver it this minute, I will blow your brains out; the prisoner had no pistol, but he was one of the two men, I said to the gentleman that was with me, if you have got any money give it them, and the person that was with me, cried out murder! and they made off directly, and catched the bundle of cloaths out of my hand.

Who catched the bundle of cloaths out of your hand? - That man did so, they both then immediately ran away; it was not dark; I could see half way over the park, it was a very light night it was star-light, I do not remember there was any moon, I suppose in the whole they were with me five minutes.

Court. Five minutes in presenting a pistol and taking away your bundle? - Yes.

Are you sure that in that time you can recollect to distinguish the prisoner, because the other man was the man that put his pistol your to breast? - The other was a great deal bigger and lustier; he seemed to be a very fat lusty man, and the other man was nothing like so big as the other.

I suppose the other man attracted your notice most? - Yes.

How came you to know this prisoner again? - I knew him directly, I saw him on the Tuesday at Bow-street, on the Saturday night; I was robbed and I saw him at the Justice's on the Sunday morning; I was robbed about ten o'clock, and the

two men ran away, and Mr. Watkins who was with me, knocked the prisoner down, and some people came up and took him to the watch-house, I was left in the Park for three or four minutes by myself, I heard the cry of murder, and Mr. Watkins had him down, I said, for God's sake keep him down, he said, call for help, I did so, and there came up two men, and I thought they were going to murder me, and I ran away.

How long was it after the prisoner had taken your bundle, that Mr. Watkins had knocked him down? - About five minutes, he ran after him and the man threw the bundle down; Mr. Watkins beat him very much.

After the man was knocked down, what happened? - Then Mr. Watkins kept upon him, and the other man went away, I went down to the park gate, and there came some help, and took Mr. Watkins and the prisoner to the watch-house.

Court. Who was the help? - Several people, I was at the watch-house, but it was an hour and an half after they were there; it was a little after eleven o'clock: After I had been there some time, they let the prisoner out of a place, and they said, was this the man that took your bundle, and I said, yes: I never had my bundle, Mr. Watkins run after the man, and the bundle contained the things mentioned in the indictment; the next morning we took the prisoner before a Justice, I told the Justice how the affair happened and I recollected the prisoner again very well.

JOHN WATKINS sworn.

I live in Cambridge-street, I am a cabinet-maker and joiner; this young woman lived at Brompton, she was coming from her place, she sent to me, to meet her in the evening; to come home with her, I walked along to Brompton, and I came all the way from Brompton through Hyde Park, and just as we came nigh the bason, two men came up, one fastened on me, and the other on her, and said, your money or your life immediately.

Were they armed? - One had a pistol.

Was the prisoner either of these men? - Yes.

Had he the pistol, or the other? - I am. not sure, I was frightened.

Why you perceived these two men, and knocked one of them down? - Yes.

That you did in your fright? - Yes, we were close together, she had hold of my arm, and she shrunk close to me, and we were all four together, and I believe this was the man that fastened on me, but I am not sure of that; one of them was putting his hand into my pocket, and I struck at him and said, you scoundrel, I have no money, and immediately I cried murder! and and this man took the bundle, and I ran after him and knocked him down and kept him; I cried murder very loud, and the girl came up to me in a very great fright, I sent her to get assistance, and she fell into fits, I heard the pistol fire before I knocked him down; fifty people came about us in a few minutes; we all went to the watch-house, and they went out and found the woman in the Park, we went to the Justice's the next morning, and were ordered to appear again on Tuesday or Wednesday.

Court. You are sure this was the man? - I am as sure of it, as that I stand in this place; he never was five yards from me all the time; the bundle was not got again.

What o'clock was it? - It was about ten o'clock, a very fine evening, the days were longer then, I could see at a good distance in the Park.

Jury. How near was it to Hyde Park gate? - It was very nigh the bason, near Grosvenor-gate.

PRISONER's DEFENCE.

It was between ten and eleven o'clock, I stopped at Hyde Park Corner to drink a pint of beer, it was half past ten o'clock by the dial in the house, it was not light, there were stars, but they did not give the light of the moon; I never was before an honourable bench of Justice's in my life, or a magistrate; I had been to Kensington, I staid pretty late, I went to seek after business, I have been a gentleman's servant ,

and lived in several very creditable families at the court end of the town, I lived with Mrs. Archer three years, with Lady Harvey two years, and with Mr. Bradshaw two years and a half; my master's are all dead, and what are alive are in the country, I am but a poor man, I have nobody to call in vindication of myself, I had heard of a porter's place at Knightsbridge, I was told there was a servant wanted at Kensington, and between ten and eleven o'clock I came back to Hyde Park Corner, and I was coming through Hyde Park at the place where my prosecutor specifies, and I heard the cry of murder! I saw a man run before me, he had a bundle in his hand, he dropped the bundle at about ten yards distance from me, I run too, I did not know what way that man run, this man followed me and knocked me down, and after that he got upon my stomack, the blood run out of my mouth and nostrils, and he made my eyes so black, I did not see out of one of them for six weeks: I begged him for God's sake to save my life, I had neither pistols nor weapons, nor money: I was quite suffocated, and all over in a gore of blood; my head was almost as as big as three heads; with that, I was put into the inner place in the watch-house; the next morning I was taken to the Justice's in Bow-street, and committed; both my prosecutors swore full against me, that I was the man that took the bundle, but I never was; I know no more of it than the child unborn; I have one sister in London, and a mother in the country, a very old woman.

Court. Is none of the people belonging to the watch-house here?

Prosecutor. Not as I know of.

How came none of them to attend? - There were several of them at the Justice's.

Jury. Was any body nigh you when you knocked him down? - Not any one.

How long after did any body come? - A few minutes after, there was not another person nigh me, he run a little across from under the trees, it was not far, it was a very little way, I saw him throw the bundle out of his hand.

GUILTY, Death .

Prisoner. I am as innocent of the fact as the child unborn, I hope you will take some pity upon me.

He was humbly recommended to mercy by the Jury .

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

Reference Number: t17830910-50

645. GEORGE LISK was indicted for feloniously assaulting John Jeffries on the King's highway, on the 18th day of August last, and putting him in fear and danger of his life, and taking from his person and against his will 9 s. in monies numbered, his property .

JOHN JEFFRIES sworn.

I live in Broad-street, Wapping, sometimes I deal in old clothes , any thing for a bit of honest bread, I am but a poor man, I have this to say, worthy gentlemen, I swear to nothing but what is the truth; as I was coming, very nigh eleven o'clock at night, along the New Cut , that goes from John's-hill to Wapping church, the way from the New Tavern, up jumps two sailor s, they came over to me directly, they were smothered with rubbish before I came, I never saw them till I came up, they threw me down at once, and I had nine shillings and I lost it all, that man that got my money he got off, and this is the gentleman that kept me down.

Had they any arms? - They had none.

What did the prisoner take from you? - I lost nine shillings, I felt a hand in my pocket, the other put his hand in my pocket, I am sure of it, I was striving to get up in a hurry, if it had not been for the root of a tree I should never have got up.

Court. Look at the prisoner, how do you know it was the prisoner that did it? - Oh! that is the prisoner.

Aye, that we know, but is that the man that robbed you? - That is the gentleman that

held me down, the sky was very light and bright, and when he was holding me down I took particular notice of his face, and he was taken directly to the watch-house.

Did you cry out at the time they had you down? - I cried, but I could not cry much, because he held my throat so.

Did they immediately pursue him? - It was up by Penetent-street that they took him.

How many yards was it? - Forty yards, I dare say, I got up as well as I could, and the way the gentleman run I run.

Jury to Prosecutor. How near was the ditch that you was tumbled into by these men that were covered in the dust, that attacked you? - It was just beside the very place where they were upon, I was striving to get up, and I could not save myself, I have not been able to do any thing hardly ever since.

What road is it? - Torrington-street, it goes from John's-hill down to Wapping church.

SOLOMON WILLIAMS sworn.

I am a victualler, about ten or eleven minutes before I had shut up my house and was going to bed, a friend came in and we were talking, and I heard the watchman's rattle, my house is the corner but one of John's-hill, the prisoner was running from Torrington-street up John's-hill, I said you are in a hurry, he said, what do you want with me, I said, I do not know, there is a cry of stop thief, he said, he had hurt nobody, I said, then why did you run, he said, to meet them as he had heard the cry of stop thief, I told him he run the wrong way, I took him and gave him to the watchman, when I came down the road I found the old gentleman almost senseless, he kept crying out for God's sake do not hurt me, do not hurt me, he did not know what he was about, he begged he might go home to his wife and family; then the old man went to the watch-house, and he said that was the man, he recollected the man.

Prosecutor. Yes, that is the man, but I would not have him hanged neither, because I have children of my own, and I do not know what they may come to; there is nothing to hard for God to do, he may make a good man of him yet.

Prisoner. The prosecutor said at first I was not the man, he was very much entangled in liquor.

Prosecutor. No, no, I said you was not the man that robbed me, but the man that held me down.

Williams. The prosecutor did say so.

PRISONER's DEFENCE.

For five weeks before this I had been laying sick, and recovering again I said to my landlord, I would go and look after a little work, I was returning and I fell in with some of the people that worked for him, and I staid drinking till between ten and eleven, and one of them came out with me, and bad me good night, and said I had better go by the New Cut, and there was a mob of people, the corner of Ratcliff highway, and this gentleman seized me by the breast; when the prosecutor came up he said I was not the man, it was a sailor-man and a shorter man, they asked him my dress, he said I had a blue jacket on, I had a nankeen jacket and a green shag waistcoat, I have had three people here all day, and they are gone home; this is laid falsely to me, if they swear my life away they swear it falsely, therefore I leave it to the mercy of the Jury and the Judge.

GUILTY Of the felony, but not of the robbery .

Tried by the second Middlesex Jury before DEPUTY RECORDER.

Court to prisoner. From the mercy of your prosecutor and the lenity of the Jury, you have escaped with your life, which the offence as stated certainly affects; considering the age and infirmity of the prosecutor and taking his all from him, your offence is very heinous; the Jury have not gone to the exent of the law, but the Court thinks proper to transport you to America for seven years , and if you return and are found at

large within that time, you suffer death without the benefit of clergy.

Reference Number: t17830910-51

645. PETER BOURNE was indicted for feloniously stealing, on the 21st day of August last, one large wooden cask, bound with iron hoops, value 10 s. and thirty-six gallons of porter, value 30 s. the property of Charles Oakley .

CHARLES OAKLEY sworn.

About six o'clock in the morning, on the 21st of August last, I missed a cask of porter.

ROBERT ROLFE sworn.

I am a carman; I saw the prisoner rolling a cask of porter up the street, from the key, he said, it was a cask of rum that came from his captain's ship and belonged to him, and he wanted a cart to take it to Wapping, I saw him put it into this man's cart.

FRANCIS LOVATT sworn.

The prisoner hired me to load this-cask of liquor, I did not know what it was, he loaded it in my cart; I carried it to East Smithfield where he ordered me, just by Wellclose-square; I cannot tell at whose house it was, there the officer stopped me.

WILLIAM WHITEWAY sworn.

I attend the publick-office, East Smithfield; I was called out of bed on the 21st of August, in the morning about six o'clock, to apprehend the prisoner, and I apprehended him on suspicion of stealing a cask of porter, he was then fifty yards from the cask, it was a thirty-six gallon cask.

(The cask deposed to.)

Prosecutor. I saw the cask the night before, and afterwards in a publick house, it was the same cask that I missed.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

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

Reference Number: t17830910-52

646. WILLIAM BRIANT was indicted for feloniously stealing, on the 31st day of January last, one deal box, value 12 d. one silk gown, value 45 s. one green striped silk night gown, value 25 s. one pair of French stays, value 42 s. four pair of cotton stockings, value 10 s. five linen caps, value 24 s. seven lawn handkerchiefs, value 30 s. one petticoat, value 16 s. one other petticoat, value 16 s. six aprons, value 50 s. and five guineas in monies numbered , the property of Joseph Nourse .

AUGUSTUS THOMPSON sworn.

I am book-keeper to the coaches and waggons of the Ram, in Smithfield : on the 31st of January last, about six in the morning, I took the things mentioned in the indictment, under my care, to go with a lady in the Northampton coach, her name is Gretreaux; I saw the prisoner at a little publick house in Turnmill-street, the 31st of January, I have never seen the articles since.

FRANCIS KNIGHT sworn.

I am the coachman of the Northampton coach, I had the box in my possession, it was put in what we call the rumble tumble of the coach, which is the leather machine behind; the things were the property of Mrs. Gretreaux; Mr. Nourse paid the lady for them and they, are now his property: Mr. Nourse is abroad, he is the proprietor of the stage .

TOMAS WEST sworn.

I am fifteen years of age.

Court. Do you know the nature of an oath? - I never took one before.

Do you know the engagement you are under to speak the truth? - Yes.

I live in St. John-street, I am apprentice to Mr. Way a tinman, on Friday morning, about half past six o'clock, there were three boys came out of a publick house, and one of them went on the pavement, I was behind them and the prisoner and another went on the other side of the way, the other jumped up behind the coach and took a large deal box, and this man run away with

it; I do not know what the box contained; I saw a cord round it.

Knight. There was no other box in the coach, I am pretty sure, nor nothing else in the machine.

West. I have seen the man before, I am sure it is him.

Court to Knight. Do you remember this boy's mentioning to you, that something was taken out of your machine? - Yes, he caught me at Islington. I know nothing of the contents of the box, any further than as the lady took the oath before the Lord Mayor.

Prisoner. I am innocent, I have been at sea, and my friends all died while I was gone.

GUILTY Of stealing the box, valued 12 d.

Transported for seven years .

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

Reference Number: t17830910-53

644. JAMES NEAL otherwise JOHN NOWLAND was indicted for feloniously stealing, on the 2d day of May last, two silver tankards, value 15 l. one silver pint mug, value 3 l. one pint mug plated with silver, value 15 s. one silver punch bowl, value 6 l. two silver butter boats, value 4 l. two silver pepper castors, value 40 s. two silver milk pots, value 40 s. two silver salts, value 10 s. one silver soup ladle, value 30 s. two silver table spoons, value 10 s. one pair of silver tea tongs, value 5 s. two silver watches, value 3 l. one other watch with a gold case, value 5 l. the goods of George Highton in his dwelling house .

GEORGE HIGHTON sworn.

I live in Brook's-street, Ratcliff , at eleven o'clock, on the 2d of May in the evening I missed the things mentioned in the indictment: In the latter end of March last, the prisoner at the bar came to my house to lodge, he absconded on the night we missed the things, that made me suspect him, we pursued him directly; I went into the prisoner's room and found him not in bed, nor had he been in bed that night, all the other lodgers were in their proper places.

(The other witness ordered out of Court by desire of one of the Jury.)

[Continuation of the Trial of James Neal , otherwise John Nowland, will be in Part V. which will be published in a few days.]

ERRATA.

NUMB. VII. PART III.

Page 836, line 41, 2d column, for found, read formed.

Page 842, at the bottom, for Francis Hart guilty, transported for seven years, read transported for fourteen years.

NUMB. VII. PART IV.

Page 849, line 17, 2d column, for horses or cattle, read horses are cattle.

Reference Number: t17830910-53

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: t17830910-53

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 10th of SEPTEMBER, 1783, and the following Days;

Being the SEVENTH 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 VII. 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 James Neal , otherwise John Nowland.

The prisoner never returned: On the 12th of July, an advertisement appeared in the papers from Bow-street, that such a man was apprehended with my property: The prisoner was seen in and about my house all the day the property was taken, but we had then no suspicion of him: I do not find that any body saw him after eight in the evening, he never returned afterwards.

HANNAH HIGHTON sworn.

I am wife of the last witness, I missed the articles mentioned in the indictment, I had occasion to go into the prisoner's room, and I found he was gone, I turned round my eye on another bed that was in the room, and I saw a basket there that had some half-pence in it, which was in my room: I saw the prisoner last Wednesday morning before the magistrate.

GEORGE HERON sworn.

I am a tide waiter in the port of Dublin; I have seen the prisoner before in Dublin; I perfectly recollect him; he was in that same coat and waistcoat, when I saw him the 24th of June last, on board a vessel from Liverpool: When I was first put on board the vessel, this young man was passenger, and his chest lay on the deck, and on the ships coming in we boarded it, it was my duty to attend, coming along I put this case round the box to save the articles that were in it as I was not to break the box, nor do any thing to it but to bring it in the manner I got it.

When the prisoner landed you found this box in his possession? - In about three hours after, the Captain, his wife and child, and a woman passenger, got the Captain's boat and went on shore, and this young man was not what we call a cabbin passenger, and this chest lay on the deck, and I saw this young man packing up a little wallet, and he told me that box was his, he said there was nothing in it but his old clothes, and that he would have it to his lodgings; the box was afterwards sealed with my seal and the sheriff's.

(The box deposed to by the witness, then opened and the things deposed to by the prosecutor.)

PRISONER's DEFENCE.

I know nothing of the chest at all, I never demanded it as my property at all, I have no witnesses.

GUILTY , Death .

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

Reference Number: t17830910-54

647. JOHN PILKINGTON was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Hubbard , on the 14th day of July, 1782 , about the hour of twelve o'clock in the night, and feloniously stealing therein, two silver salts, value 30 s. one silver cream jug, value 3 l. one silver pepper castor, value 40 s. four silver table spoons, value 40 s. seven silver tea spoons, value 12 s. one punch ladle, value 8 s. three silk gowns, value 5 l. one cotton gown, value 20 s. two silk cloaks, value 3 l. one linen table cloth, value 2 s. one napkin, value 6 d. one towel, value 6 d. one yard of lace, value 5 s. nine linen shirts, value 30 s. six muslin neckcloths, value 4 s. one silk waistcoat, value 10 s. one pair of mits, value 1 s. one pair of leather gloves, value 1 s. two gowns, value 20 s. and eight shillings in monies numbered, the property of the said Richard .

MARY HUBBARD sworn.

I live in Endfield parish , our house was broke open the 14th of July, 1782, we both went up stairs together about ten o'clock, and fastened the house before we went to bed; we locked and bolted all; we got up about three after we were robbed, and we found the back window open, and the bar taken out, and we had a back door that was unbolted, where they carried the things away.

Were that back window and that back door fastened by you before you went to bed? - Yes.

What did you loose? - The things mentioned in the indictment: I have not found any of the things, the prisoner stood over me all the while the others were rifling the house: Three man rushed into the room, they broke four doors open, one had a pistol, one a knife, and one a cutlass: but I cannot justly say, which had which; I was so terrified.

Was the prisoner one of the three? - He stood over me all the while the others were rifling, with a pistol in his hand waving over the bed, when they came up they brought two lights, a light in each room, there was a light in our room where we were in bed, and they were there till day-light appeared; they were there an hour or an hour and a half as nigh as I can guess; the things were taken out of the other rooms; they pressed me very much and got what money we had; the money was in my husband's breeches, he had shifted his breeches being Sunday morning: The prisoner staid with with us all the time to the very last; and asked me questions for the things.

Is yours an alone house? - No, not very lonely, there is another a little way off, but not adjoining.

Are there any houses immediately opposite to yours? - There is one little house directly opposite.

Could any body in those houses see a light in your room at that time of night? - I never heard them say that they did: We have window shutters, but they were not shut where we lay.

How was the prisoner dressed? - I really cannot say, I was so terrified.

Had he a wig on, or his own hair? - His own hair.

Had he a hat on? - I cannot say.

Had he any thing over his face? - No, quite open.

Had he one of the candles? - I did not see him have any candle at all, it was the others.

While he stood with you waving the pistol over the bed, he had no candle with him? - There was a candle all the while, till within a little while of their going to tifle, then they took it, and then it was brought back again some time after; they sat down and read the writings that we have, which they found in a chest of drawers in the next room, and they brought them into our room to read, and sat down and read them.

Are you positive that is the man? - That is the man that stood over me.

You was in such a fright, how can you tell? - I was in a fright, and a very great fright, to have three villains rush into one's room.

Prisoner's Council. Was not you frightened out of your wits? - Yes, I was frightened very much.

Rather afraid to look him in the face was you not? - I could not help looking him in the face because he asked me several questions.

What hour of the night was it that the robbery was committed? - Between the hour of one and two or thereabouts.

It was quite dark at that time? - In July the days are very long.

The person that stood over you had no lanthorn in his hand? - None that I saw, there was light enough to see the prisoner.

When did you see the person that you supposed stood over you first, after the robbery was committed? - It was a year after.

And you never had seen him in the course of that year? - No, I think it is him.

You only think it is him, that will not do here, are you positively sure that you can swear; remember that you were under dreadful apprehensions, and can you positively swear after not seeing that person for a twelvemonth to the identity of the person? - I really think it is the person.

If you are so perfectly uncertain about his dress, that you cannot say whether he had a hat on or not, how can you be so positive that he is the person? - I really think he is the person.

RICHARD HUBBARD sworn.

On the 14th of July was a twelvemonth, between the hours of twelve and three, my house was broke open by the prisoner and two others, they opened the casement and broke four doors, and came over my wife and I in bed, and the prisoner stood over us with a pistol in his hand, while the others plundered the house; he demanded my money, I told him I had none, he pressed very hard, I said, I had some in my pockets: I did not see him take any thing, but he stood over us with a pistol all the time: They carried off the things mentioned in the indictment.

Court. How long might they stay in the room? - I believe an hour or more; daylight came in at the window before they went away.

Had you any candle in the room? - There was a man with a candle in the room stood examining what was in a chest of drawers, and taking out things.

Was there light enough for you to see the countenance of the prisoner? - Yes, there was, the light was backwards and forwards, and taken out again, I was very much frightened at first more then afterwards; I took particular notice of the man, and we had some opinion of following the man, and we heard he was in the Poultry Compter, and then in the Savoy, and after he came out my wife laid information, when he was about again, and we saw him about July.

Was that the first time you had seen him from the time of the robbery? - To y knowledge it was, I saw him once since, he came out of the Savoy in our neighbourhood, my wife went to see him in the Savoy, but he was out.

How came you to know he was in the Savoy? - A friend in Barnet told us so.

Did you know his name? - Yes.

What, when he committed the robbery? - I cannot say as to that, we described him and found he was born at Kick's Inn, a little way from us, but I never knew the man, and when I saw the man again, I was very clear it was the man.

When did you get his name? - I cannot tell.

How did you get his name? - By the neighbourhood, he had lived in Barnet, and was gone from the neighbourhood, I am very positive he is the same man that stood over us with the pistol, he had a short bright pistol.

Prisoner's Council. When did you first see him after the robbery? - Not a great while after.

How long? - It might be six weeks ago.

You said nothing to him when you saw him? - I did not, I was struck with amazement, and stood looking at him when the person came to the house.

Why did not you lay hold of him? - How could I an old man.

Was not you very much frightened? - I was at first, but I cannot say I was afterwards.

Had the prisoner a hat on? - His hat was on.

You are sure of that? - Yes.

Who told you his name first? - I cannot tell that, it was something of a cocked hat, and there is a bit of the colour of the coat he had on; I cut it off on purpose.

What off his coat? - No, off my own coat to compare it; I never was in Court before in my life.

CHARLES GRUBB sworn.

The prosecutor Mrs. Hubbard gave me information of the prisoner about June, she said, she had been to the Savoy to make some enquiry there, and found he had been discharged, but she desired me to take him if I could, I sent her word accordingly, for I happened to light of a man by chance, who told me where he lived, we took him about three weeks ago.

Court to Mrs. Hubbard. When you went to enquire after him at the Savoy, had you then learned his name? - I knew his name before.

How did you learn his name? - A person had told me his name.

PRISONER's DEFENCE.

I have drank along with Macmanus and Jealous at Bow-street, several times lately, and they never said any thing to me; now I leave it all to my council.

His witnesses called but none appeared.

GUILTY Death .

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

Reference Number: t17830910-55

648. JOHN ANDERSON was indicted for that he, well knowing that one Jeremiah Summers had lately served our lord the King, on board the Nemesis, and that certain prize money was due to him, for his service on board the said ship, on the 16th day of August last, with force and arms, the name and character of the said Jeremiah Summers the seaman aforesaid, being then entitled to receive certain prize money for his service as aforesaid, unlawfully and willingly, knowingly and feloniously, did personate and falsely assume, in order to receive the said prize money, due and payable unto the said Jeremiah , against the form of the statute, and against the King's peace.

ALEXANDER CHORLEY , Esq; sworn.

Court. Do you know Jeremiah Summers ? - No, I was one of the agents for prizes; the Nemesis had taken a Dutch prize, called the Catharina, and there was a man of the name of Summers certified by the commissioners of the navy, his prize money was demanded of me by the prisoner, who came in that name.

Did he say that he was Jeremiah Summers ? - Yes.

What sum was due to Summers for prize money? - Three pounds ten shillings and six-pence.

Did you pay it him? - I did.

Prisoner's Council. You know only, that one Jeremiah Summers was on board, by the Navy Office books being transmitted to you? - No.

Have you got that book here? - There is no occasion for it.

RICHARD BLYE sworn.

Was you the Captain of the Nemesis? - Yes.

Had the Nemesis taken a Dutch prize called the Catharina? - Yes.

Had you any such seaman on board your ship at that time, as Jeremiah Summers ? - Yes, Sir, he is entitled to receive that prize money.

Do you know Summers? - Yes.

Is the prisoner him? - No.

Prisoner's Council. You say one Jeremiah Summers served on board? - Yes.

Was he entered as entitled to pay? - He was entitled to prize money.

Was he entitled to the King's pay? - Yes.

By what does it appear he was entered, and so entitled? - I have no recollection of the day he was entered.

Was he upon the ship's books? - Yes.

Where are these books? - In the Navy Office I believe.

You have not these books of his entry? - They are not suffered to come out of the Office.

They are always shewn here in prosecutions of this kind.

Court. Would he or not, have been intitled to prize money if he was entered on board the King's books or not? - Yes, every person on board is intitled to prize money.

Prisoner's Council. Passengers are not intitled, Sir? - They are intitled, Sir, on board the King's ships at the taking of any prizes.

Prisoner's Council. My Lord, as this is a capital offence, it should appear by the best evidence, and it states in the indictment that he was a seaman, on board the King's ship.

Court. I look upon it, that if you have the Captain of the ship, who speaks of his own knowledge to the sailors on board, that certainly is good evidence; if it is not the best evidence if the Captain could not be here, then to be sure the ship's books should be produced.

Prisoner. I wish you would ask Mr. Chorley, whether he did not forgive the man that took me there; I never received a copper.

Mr. Chorley. I paid the money into the prisoner's own hands, I told him, I suspected him, I had him take care what he was about, for it was death.

GUILTY Death .

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

Reference Number: t17830910-56

649. WILLIAM MOORE and SARAH his wife , were indicted for that they, not being either of them persons employed in the mint of our sovereign lord the King, nor for the use and service of the said mint, after the 15th day of May, 1697, to wit; on the 15th day of August last, with force and arms, one piece of false, feigned and counterfeit money and coin, to the likeness and similitude of the good, legal, and current money, and silver coin of this realm called a shilling, falsely, deceitfully, feloniously, and traiterously, did forge, counterfeit and coin , against the duty of their allegiance, and against the form of the statute.

SAMUEL HATTON sworn.

I was at the house of the prisoner William Moore , in Green-harbour-court , on Friday the 15th of last August, about five o'clock in the evening, by virtue of an information: I went into the kitchen, Catchpole and Dixon followed me; the woman came and attempted to shut the door, I told her it would not do, for I was come there on particular business; she put her arm across to stop me, but I put it down, and I saw the prisoner at the bar by the dresser, between the dresser and the vice, there were two vices; they desired me to secure the two prisoners, which I did, by tying them together, and staid with them whilst the others looked about: After Mr. Catchpole had taken the two prisoners to Bridewell, I returned to the house, and I, and Catchpole took that press, and we took some copper and other implements; some of the silver seemed finished and some in a different state; the other witnesses can speak better to them.

Prisoner's Council. Had this woman any knowledge of you before? - Not as I know of.

You got in? - Yes.

Was any body in the room besides the the prisoner? - Nobody.

Did you see any thing like a clock dial? - There was something like an alarm, and other furniture, there were several files.

Did you see any thing like watch or clock-work? - I did not.

WILLIAM CATCHPOLE sworn.

I am a Marshal's man, I went to this house, Mr. Hatton went first, as I was

known, the outward door was on the latch, I lifted up the latch and went into the passage and down into the kitchen, when we got into the kitchen, we saw Mr. Moore standing by the dresser, and these three basons and that pipkin were standing much the same as they do now, upon the dresser, about three or four feet from the vice, in one of the basons I saw Mr. Dixon take out several shillings that seemed to be in pickle, I saw him put them into paper, he bid me look at them, which I did; looking a little further, we saw a woman's gown lie on the dresser, the body flat and the tail part covered over it, and lifting up the tail we found a parcel of shillings finished, fit for uttering; Mr. Dixon took them up: While Mr. Dixon was standing at the dresser, he desired Mr. Hatton and me to examine the prisoners, and see how their hands were; the man's hands seemed to be sandy, the woman's hands appeared as if she had been polishing.

Court. What appearance does that give? - Rather a yellowish hue, after I had done that, I went into the vault adjoining to the kitchen, there I found a cutting press with a fly upon it, also a cutter in it, which is in now, (the press produced) Mr. Dixon found the files; there were two small quantities of filings, which I found over where the vices were fixed, and two bottles, one stood on the shelf over the dresser.

Where was the man standing? - Near the dresser in the kitchen, he appeared to have been at work.

Prisoner's Council. When you came there, you apprehended the prisoners knew your face, did you not? - I knew if they did not, the neighbours did.

Was there any thing like the appearance of resistance after you appeared? - No, Sir, they behaved very decently and very well, whether the woman pushed Mr. Hatton, I cannot say, but she held the door in her hand.

Do you know any thing of the clock or watch-making branch? - No.

Do you know any thing more of the coining business, than you do of the watch-making business? - I do not.

You found some powders in a paper? - Yes.

You know nothing of these powders, only they are powder? - Yes, I conceive they are filings from base coin.

You think, but you have already declared you do not know the nature of base coin, do you know them to be so? - I say, I apprehend them to be so.

Do you know the difference between the filings of base metal, and the filings of a watch and clock? - I think I do.

Did you see any watch-work; or any clock-work about the dresser? - I believe there was some part of a watch upon the dresser, it appeared as if it had been brought in to be compleated, but had not been meddled with.

Did you see a clock face? - There was an alarm stood upon a shelf, but it seemed to be very dirty.

Respecting that instrument, do you know any thing of that instrument; you know these instruments are applied to many other purposes? - I cannot say, I have heard that they have been applied to many other purposes.

Now as to these phials, they are in the same state? - Yes.

Did you say any thing of this kind, that it was acquafortis, and that it should be acquafortis? - I said then, that if ever I saw acquafortis in my life that was acquafortis, I believe them were the express words.

Do you recollect any phrase to this purport, that it should be acquafortis? - Not that I recollect.

Court. There has been no alteration in the liquor? - None at all, I have particularly kept them in my own possession, under lock and key.

Prisoner's Council. Do you know any thing of the application of acquafortis any further than by hearsay? - No.

Do you know any thing of the button-making business? - I never made a button in my life.

Then that instrument might be applied to the purpose of cutting out shapes for buttons as well as for shillings? - I have

this to say, that I am sure the shillings were cut out from that.

Do you know whether the appearance of button tops are like them or not? - The button tops, I believe, are not so thick as that.

Council for Prosecution. Did the prisoners appear to be about any watch-making work? - No.

JOHN DICKSON sworn.

I went with Catchpole and the other officer, to this place in Green-harbour-court, we opened the door and went in, there was a little girl in the parlour, we went down stairs in the kitchen, we found Mrs. Moore with the door in her hand just opened, and we rushed into the kitchen and found Mr. Moore standing near the dresser, I saw the three basons stand by him, and the sand in the tin shovel, I then put my hand into the white bason, and I found some blanks that were not finished, they were quite dirty. (Produced.) I then ordered the constables to tie the man and his wife together, and put them at the further side of the room away from these things, and they sat down, and I searched further, and the first thing I found was these three shillings, on the ledge of the dresser; Catchpole saw me, I found that shilling partly rubbed, but not so much as the other; in searching further there was a gown lay on the dresser, I lifted up the tail of the gown, and there were eighty shillings, which I found finished, I believe there wants one now in the examination, I lost one somehow; those shillings all appeared just finished; and in the different basons I believe there was water, and sand and water, I do not know exactly what was in the white bason; Mr. Clarke will tell you that; I found the corks and things laying on the bench, near to where Mr. Moore stood, and the files likewise, and some filings, and corks, and scowering-paper, and weights and scales, and a crucible; I found the finished shillings in the body of the gown.

Prisoner's Council. Do you know any thing of the use of that kind of press? - I have produced many in this Court.

Are those presses used in any other operation, similar to that of cutting out blanks for base metal? - They may.

Do you, or do you not know? - I do not, they are used in button making.

Are they in watch making? - I dare say they may; that press appeared to me to have been used by some person or other at the time it was fixed, in cutting out base metal, such as these shillings, there were some little bits of the metal about, but they were in the niches of the press, that we could not get at them.

Base metal is applied to other purpose? - Certainly.

Council for Prosecution. Did you observe the hands, of these people? - I did, I examined them, Mr. Moor's hands appeared to be all over sand, the same sand that is in that shovel appeared to be on his hands, the sand was wet; the woman's hands were dirty, but not so dirty as her husband's, I I suppose her business was to be taking them out of the water, and putting them between the cloth and drying them.

Prisoner's Council. Would not the hands of persons employed in scowering of brasses or in clock work have that kind of appearance? - If they had been making use of that kind of sand it might.

Is not sand used in other business besides that? - No doubt of that.

JOHN CLARKE sworn.

You have been concerned about fifteen years I believe for the mint? - Pretty near Sir.

You have attended I believe many times in this Court on prosecutions for coining? - Yes.

Tell the process? - From the casting or from the time they are cut out of the cutter.

Look at this and tell us? - These are all cut out and afterwards struck up with afaint dye made on purpose to strike up a faint impression; first they have the metal flatted to the size, but this is not what is used in it.

(The metal shewn him.)

That is plated that cannot be it, after the metal is flatted out it is cut out with a press, and every turning round it forces out one piece, next they are made round with a file and scowered.

(The filings shewn him.)

I have not a doubt but these have been filed from the edges of those; if you break one of the shillings you will find it to be the same colour.

Court. What are your reasons? - Where there is a body of silver and metal the silver is purged by aquae fortis, it throws out the silver on the outside on the surface; these in the bason have been thrown into the aquae fortis, but they want the scowering of sand.

Court. Are there any particular files made use of? - No, you may use any file or any scowering paper; they fine it with corks, all fine work of all sorts, must be either rubbed with a cork or a stick.

Mr. Alderman Hart. Did you ever find any instance that people in this business have had their outward door open? - I should think they would be more discreet, but it is possible for people to have it open for a deception; the last coiner that was tried here, his cellar door where the press was, was open, and he was in the garret; this in the phial is weak aquae fortis, in the basons is sand and water; the aquae fortis being a strong body it turns it black, but being rubbed with sand it takes off the blackness and leaves the white behind.

Court. Is this apparatus compleat? - Yes, except wanting the dyes that strike up the impression.

In the making of silver with the cutting out press in this manner, how much could they make tale in a day? - It is impossible to tell, they could make thirty or forty pounds of shillings if they had the silver, they can cut five hundred weight a day.

Prisoner's Council. You have given your evidence with great candour as you always do; did not you attend the trial of Beeby in Surry? - Yes, I did.

You said a good deal of the uses of the fly? - Yes.

I believe you know enough of button making and other machanick arts, to know that every one of these articles are used for other purposes, are they not? - Sometimes they are and sometimes they are not.

Court. Distinguish? - I do not know any business where sand and water, or aquae fortis is used, without it is to add to the colour, where there is counterfeit metal used, it requires something to add to the colour.

Prisoner's Council. You are well informed in the business; is not aquae fortis used for other purposes as well as for coining? - It is used in a number of businesses, brass founders use it very particularly, they cannot lacker their work till it is cleansed by this, it only cleanses it, it does not cover it; you cannot gild any thing without aquae fortis.

Now as to that instrument it is applied to many other purposes is it not? - Not a doubt of it.

It is applied in the button and watch, and clock manufactures, is it not? - I believe little in clocks; it may be in watches.

But in button making it is? - No doubt of it.

Are you sufficiently acquainted with button making to know whether that instrument is used in button making? - If a number of people were here who knew the nature of button making, I should tell them that no man (though I am bold enough to say it in this Court) knows the nature of button making better than myself.

Instruments of that kind are employed in cutting out shapes for buttons? - Not a doubt of it.

Is not that instrument employed in six, seven, or eight, other branches of mechanism? - I should suppose it is.

As far as you know there were no dies found there? - I have not seen any, or else I should have said so.

Court. These blanks have been made shillings, though by another process? - Certainly.

Council for the Prosecution. What connection

has Beeby with these people? - None that I know of.

JOHN NICHOLS , Monier, of the Mint sworn.

(Proved the finished money to be counterfeit.)

By what criterion do you know it is base? - By the colour of it.

Witnesses for the Prisoners.

GEORGE CASS sworn.

I had a room at the prisoners house for a shop for three months, I am a watch motion maker, I was very seldom out.

Had you free access to this man's kitchen? - I had.

Did you, at any time, see any thing go on in the kitchen, but what appeared to you to be in the line of the prisoner's proper business? - Never.

Court. What is his proper business? - He served three years with me as a watch motion maker .

Prisoner's Council. Have you seen him work at his business as a watch motion maker in that kitchen? - I have, and for me; frequently I have seen him.

Are the articles of sand, scowering paper, and other things that have been produced here, used in any branch of clock cleaning or watch cleaning? - In clock cleaning, but not in watch motion making.

Where do you live? - My house is at No. 1, Grub-street, I keep the room still, I have not lived there lately.

Was you frequently, during the time of his being in the house with you, down in the kitchen? - Both breakfast, dinner, and supper.

Was his wife ever employed about any other matters than those of houshold affairs? - Not to my knowledge.

You never saw her working at his business, whatever it was? - Never, he is a watch motion maker.

Council for the Prosecution. Had not you some strange suspicion about this man? - Never.

What did you declare to the officers of justice? - I said Mr. Moore had not done so much work for me lately as he used to do.

PHILIP FRUCHARD sworn.

Did you at any time lodge with the prisoner? - I did from Lady-day quarter, and now still lodge in the house.

What line of business are you in? - I am a button maker and engraver in the mathematical instrument way.

Had you access to this kitchen that has been spoken of so much in the course of this time? - I was acquainted with the prisoner for six years before, I have had access to the kitchen at all times, the prisoner is a watch motion maker, and lock and spring maker, his spouse kept a school for children; I worked out of the house.

Are these articles of sand, scowering paper, and weak aquae fortis used in your way of business? - In the mathematical instrument way, there is hardly a piece of work finished but what sand and water is used to finish it.

Is it used in cleaning old clocks? - Many use it, if I had not brick dust ready I should.

And they scower coppers and kitchen utensils with it? - I believe so; I never dreamed, from the appearance of the man, that he ever was employed in any thing but his business.

Council for the Prosecution. Can you make buttons? - I can make the whole of the buttons from the beginning to the end.

Then you can make the die? - That is not my particular business.

If you can do the whole of the buttons, you could sink the die? - I would get it done in the trade.

Is it a part of your business, do not you do it for your amusement? - I do not.

You never made any die? - I have done dies with no kind of figure.

Only ornamental dies? - I have seen the prisoner at work at his profession many times, the day before this happened, we drank tea with the prisoner's spouse; in the kitchen, the prisoner was not at home.

JOHN NEWMAN sworn.

Do you know any thing respecting the removal of articles from the house of one Beeby, to the house of the prisoner at the bar? - Yes, Sir, very well; I am a carman, I removed two load of goods from Mr. Beeby's in New George-street, Surry, there were two or three boxes that were very heavy, and I said to the prisoner, here is something very heavy, they were tied down with a rope or nail, I cannot say which.

Council for the Prosecution. Then you do not know what they were, look at that instrument? - I did not see any such thing as that openly, I know no further than this, Mr. Beeby was gone into the country, and they were removed to Mr. Moore's house, as they said, for the purpose of selling.

What was Mr. Beeby? - I know nothing at all of him.

RALPH BARNETT sworn.

Prisoner's Council. Was you at any time in treaty with the prisoner for the purchase of base metal? - I go about every day and every hour to buy bad silver.

What is your mode of buying it? - To get my livelihood by it, I buy it to cut it, and sell it as metal.

What do you give per piece for those little pieces resembling shillings? - I give twopence commonly for a shilling, I always cut them to pieces, and if I have got twenty ounces, I carry them to the refiner's, and have it melted, or sell it without melting, I came about a month to-day, I came past and cried out bad shillings, and the prisoner said will you buy any bad shillings, I said two-pence a piece, he said cannot you give three-pence, he said you buy plated spurs or buckles, or plated metal, and he took me down stairs in the shop, and there hung a whole parcel of old plated buckles and spurs, then he put me down eight or nine bad shillings, and agreed with me for two-pence farthing a piece; after he agreed for them, he says there is no occasion to take them, I have got a good many more, call in the afternoon, you may have them all; I went away, and our sabbath began at six o'clock, and it was too late for me to go to the refiner's, on the Monday morning I went to the refiner's with my goods, and it was my intention to fetch the remainder, for he said he had a great many more, and plated buckles and spurs, I have gone about these eight or nine years.

Council for the Prosecution. Where do you live? - In Duke's-place.

Whereabouts there? - Facing the coffee-house, there is no number to my house, it is the first house in Sugar-baker's-yard, I was before my Lord Mayor at Guildhall.

What do you call yourself? Ralph Barnett .

But what business? - Buy bad shillings.

Jury. A merchant? - No.

Council for the Prosecution. Are you very nice when you buy this bad money to have it look as if it was current coin? - I have bought good shillings for bad ones, it makes no difference if they are ever so bad.

What is the prisoner? - I never saw him till this day month as he called me.

What sort of shillings were they? - Some of them were black, and some tarnished and yellow, they were none of them fit to pass, if I had bought them I would have cut them to pieces.

Did he offer to sell you any finished shillings? - No.

Did you agree for any? - No.

The Prisoners called eight witnesses who gave them a very good character.

Jury. Did you find any base money on the prisoner? - No.

WILLIAM MOORE , GUILTY , Death .

SARAH MOORE , NOT GUILTY .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17830910-57

650. JOSHUA HARPUR was indicted for burglariously and feloniously breaking and entering the dwelling house of Sir Edward Hales , Bart. at the hour of

two in the night, on the 24th day of August last, and feloniously stealing therein two feather beds, value 10 l. one linen bed-quilt, value 2 s. one bed-rug, value 12 d. one looking-glass, value 2 s. and twelve printed curtains, value 3 l. the property of the said Sir Edward .

The witnesses examined apart at the request of the prisoner.

SARAH EATON sworn.

I am servant to Sir Edward Hales , there were two houses belonging to him, and one was empty, I shewed it and had the key, he lets it out ready furnished, there was nobody in it; on Sunday morning the 24th of August, between six and seven, I was alarmed by the watchman and several at the door to let me know that No. 8, was broke open, I went and missed the things mentioned in the indictment, I was informed a man was taken up who was in the watch-house, and I went there on Monday morning at ten, and I saw two beds the property of Sir Edward.

THOMAS ELLIS sworn.

I live in Albemarle-street and keep a green grocer's shop, I got up about five in the morning, and I looked up and down the street, and saw no one, and as I was turning my head, I saw that young man at the bar with a bed upon his back, I took particular notice of him, then I went to the corner of the street, and there were three of them together, with that I went and stood at Mr. Neale's door, the corner of St. James's-street, and a watchman came up, and I told him, and we went together after them to Charles-court in the Strand, No. 18, and there I laid hold of the bag, and staid by it, and the patrol took the man, there was nobody with him, when he came down the court with the bed on his back, but I had seen him before with two others.

THOMAS READSHAW sworn.

I am a watchman belonging to St. George's, I was coming off my watch about a quarter after five, and the last witness was standing, and he said there had been some house-breaking, and we pursued the man into Charles-court, one of them got into a house in that court, and he shut the door against me, and presently the prisoner came with a bed on his back down the court, he came from towards Albemarle-street, I ran away from the door where the other was, to assist in taking this Harpur, and he was secured, we then went to the house where the other went in.

(The bed and coverlid produced and deposed to.)

Court. What is that bed and coverlid worth? - I do not know, the Justice put them down what they were worth, if I was going to buy them, I would give two pounds for them.

PRISONER's DEFENCE.

I was hired to carry this bed.

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

Court to Jury. Gentlemen, as to the burglary, this was no dwelling house at that time, that is one reason why it is not capable of having a burglary committed in it; another reason is, this woman says she had not seen the house for a week before, therefore she cannot say any thing to the security of the house the night before, therefore there do not seem to concur any of those ingredients which constitute a burglary. - The next question is as to the stealing, and here the value may be material; you hear this man does not stretch it higher than forty shillings, which is the utmost verge that the law goes to, and perhaps that would be too much for you to go to.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

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

Reference Number: t17830910-58

651. THOMAS CARTER was indicted for that he on the 23d of July last, one piece of copper money of this realm called an halfpenny, feloniously did make, coin, and counterfeit , against the form of the statute.

A second count for coining one piece of copper money to the similitude of an halfpenny.

A third and fourth count in like manner for coining a farthing.

MOSES MORANT sworn.

On the twenty-third of July I went with Mr. Clarke and Carpmeal to Mr. Carter's house, and when we entered, I went down stairs and saw a stamping press in the cellar, and I came up into the kitchen again, and in the closet was this blue handkerchief, these are farthings compleated, I went down to the cellar again, and going down the cellar stairs before me, I saw four farthing dies, I then took up the stamping press, but I did not go up stairs at all, there were a pair of dies in the stamping-press, with a blank halfpenny between them, I did not see the prisoner till he was brought down stairs.

THOMAS CARPMEAL sworn.

I went to this house in Golden-lane , I went down into the cellar, and Mr. Clarke went up stairs into the garret; in the cellar there was a large press, I went up stairs and the prisoner was in the garret; there was a cutting out press fixed and cecil, and a quantity of blanks, and in his pocket I found some farthings that were finished.

JOHN CLARKE sworn.

I went with Carpmeal and Morant to this house, I went up stairs, I found the prisoner sitting at a cutting-out press, with a blank in his hand.

( Produced.)

Prisoner. Be so good as examine these things, they are not for halfpence.

Clarke. I found a cutting-out press, and cecil, and a lathe, and a quantity of other blanks and cecil; in the bed room I found these halfpence; I afterwards went into the first floor, and there Mr. Morant produced these farthings; I then went down into the cellar, where I found another cellar, where I found these dies fixed, and this blank for an halfpenny, between them.

Court. Were the farthings in the prisoner's pockets, from those dies? - Yes.

Court. Was there any body else in the house but the prisoner? - Nobody, but a maid servant and a child.

FRANCIS NICHOLS sworn.

One of the moniers of the mint proves them to be counterfeits.

PRISONER's DEFENCE.

Them things are not fit for halfpence, nor I do not know what they were for when I cut them out; I have no witnesses nor any friend to plead for me; as to what was in the cellar I know no more about than a child; I had let the cellar.

GUILTY .

To be imprisoned twelvemonths in Newgate .

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

Reference Number: t17830910-59

652. ELIZABETH DUDGEON , and SUSANNAH GARTH were indicted for feloniously stealing, on the 19th day of August last, nine guineas, value 9 l. 9 s. and one half-guinea, value 10 s. 6 d. the monies of William Waterhouse , privily from his person .

WILLIAM WATERHOUSE sworn.

I missed the nine guineas and a half on the 19th of August last, between three and four in the afternoon on Tuesday, to the best of my knowledge, I came from Plymouth the day before, I landed in Piccadilly, coming with my bundle, I made the best of my way up St. Giles's, and at the end of Banbury-street, I saw the prisoners at the bar, they called me over and asked me, whether I was Bill Waterhouse or no, and I told them yes, they knew me, and they asked me, if I would give them any thing to drink, and I said yes, and they took me into the Two Brewers in Banbury-street , and I called for a pot of ale, and after that another, and another, and another; I sent for my friend Edward Whiteham , before I was too much in liquor, he came, and we

drank about four or five pots of ale; then my friend he took me out of that house, and carried me about one hundred yards further to another alehouse, the Cart and Horses, in the same street, and these girls came after me, and called me to the door and said, they wanted to speak to me, for there was a pot of ale to pay for; I left my friend with my bundle, and I went with them and said, well, then I will have another pot, never mind it, and I paid for them and we had a drop of gin afterwards; and afterwards I was so much in liquor, that she told me, if I would go and lay down upon her bed a little bit, I should be reconciled, that was the prisoner Dudgeon; they took me out of that same Two Brewers, right over there was a house, and I went up two pair of stairs, I laid myself down and she tumbled along-side of me, and the other girl sat in a chair at the foot of the bed.

You did not undress yourself, did you? - No, Sir.

When did you miss your money? - Before I went to sleep, she asked me for a shilling; I laid with her, Sir, that is the woman there, the little one; I was waked by two men, I cannot judge how long I slept, because I was so very much in liquor, it might be an hour, or an hour and an half; the women were gone, these were two men belonging to the house, who came and told me, I must not be there; after I paid for my reckoning, I counted nine guineas and a half in gold, and some silver, but I cannot tell how much; just before I went up with the prisoner, when the man came and waked me, I put my hand in my fob and I found I had no money, and I put my hand in my breeches pocket, and found I had only two bad halfpence and one good one; I had left my friend at the Cart and Horses and I run away to him directly, and he said, Bill hold your tongue, I will try and see about it: I am very punctual to the girls; my friend went to look for them, and he found Dudgeon under a bed in another room, and another woman a top of her; I saw the prisoner Dudgeon the same night I was robbed, and went to the Justice.

Did you search her? - No, she was searched, she swore bitterly she had not the money.

Court. Have you any thing more to say on this subject? - No, I have no more, only I want my money, the officer has got seven pounds two shillings and sixpence, he took from one of them; I heard a very good character of that there tall body; that is all.

Prisoner Dudgeon to Prosecutor. Did I take you out of the place, or did you follow me?

Prosecutor. Hold your tongue you fool, can't you, I do not want to hurt you, I only want my money.

Prisoner Garth. Did not I leave the room immediately.

Prosecutor. She sat at the foot of the bed in a little low chair.

EDWARD WHITEHAM sworn.

Do you remember being in company with William Waterhouse on the 19th of August? - Yes, this Waterhouse met these two girls and asked for me, and the prisoner Garth came for me, I went with her, and I saw Waterhouse and he was in liquor, and he had a linen bag with his clothes and things in it; I said, I do not like the company let us go; no, stop says he, I mean to be gay, I took the bag under my arm, and I got him to my own house, and I sent my own daughter with the bag into the room; he called for a pot of beer, these two prisoners came and beckoned him, and said; he had not paid for a pot of beer, he said, my dear girls, I do not mean to leave you a pot of beer to pay, and he went with them and did not return, and sometime after I heard that he was robbed: I went down after him, and found him in the street just like a mad fellow; we went to the room, and a little girl came and gave me intelligence where the prisoner Dudgeon was in a little house in the back room; I knocked at the door, and a man who was in the room, said who is there, I said, a friend, he said, you

cannot come in, I said, why not; and in about 4 or 5 minutes the man opened the door; there was no light, this was towards the evening; there was a man stood by the window, and a woman and child sat on the bed, I took and turned up the bed, and there underneath the bed I found Elizabeth Dudgeon : A constable came and I gave her in charge, and there was no property found upon her, and he searched the room besides. The other was not there: Collins went and found the prisoner Garth, and brought me six guineas and a half in gold, four shillings and two sixpences, the money was left at the Justice's till they found the prisoner; I found him the same night, the money was found on Garth; and more than that she swallowed eight guineas that night, and took physick and brought them from her.

Was there any promises made to her or threats? - Nothing in the world said.

WILLIAM COLLINS sworn.

I attend Mr. Walker's Office, the last witness informed me of a sailor that was robbed, and I went with him and searched the prisoner Garth, and I found this money in her pocket, six guineas and a half, four shillings and two sixpences.

PRISONER DUDGEON'S DEFENCE.

I was along with three more girls, one of them knew the prosecutor, and said, Bill how are you, says he, will you go and have something to drink, and I stood at the corner; I dare say he had ten pots of ale and then six pennyworth of gin and water; he left us for about an hour, he afterwards came out of the Cart and Horses, says her I told you, I would be there in an hour's time; he followed us to the Two Brewers: I went out of the door and went up stairs, I was so much in liquor I sat down, I remember he gave me a shilling, and he laid down on the bed, and I laid down; I never shut the door, and I got up in about an hour, and I was very sick and very dry, the shilling he gave me was taken out of my pocket, I got a pint of small beer upon trust; as for Susannah Garth , I never saw her in the room, nor did not know she was in the room.

PRISONER GARTH'S DEFENCE.

I never saw the man, he was not nigh me; as for the money that was found on me a first-couzen of mine came home from sea on Wednesday, and I went to the Pay Office and received it; and he said, he would give me some more; I have nobody to my character but God and you, I have not a friend in the world.

ELIZABETH DUDGEON , SSUSANNAH GARTH ,

GUILTY Of stealing but not privily .

Transported for seven years .

Mr. Sheriff Taylor to Prosecutor. Take your money again my friend.

Court to Prosecutor. Take care how you get into such company again; you owe the return of the money to the generosity of the Sheriff.

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

Reference Number: t17830910-60

653. THOMAS BRADLEY was indicted for feloniously returning from transportation, and being found at large, before the expiration of the term for which he was as so transported , without any lawful cause.

JOHN TOWNSEND sworn.

This is the certificate of the prisoner's conviction.

Where did you get it? - At Guildhall, Westminster, where the prisoner was convicted, I had it from Mr. Jonas.

Who is he? - He is deputy to Mr. Vaughan, the clerk of the peace.

Prisoner's Council. No, he is not? - I saw nobody sign it but Mr. Jonas.

Court. That will not do.

Court to Prisoner. Thomas Bradley , are you the person that was ordered at the sessions at Westminster to be transported? - Yes, I was.

Court to Jury. Gentlemen: The prisoner stands indicted now for a capital offence, for being found at large after the sentence of transportation: There is a defect in the evidence we are not prepared to prove it regularly, therefore he must be acquitted of the capatal part of the charge, but having confessed himself to be the person who was sentenced to transportation; he must remain on his former sentence.

NOT GUILTY .

Ordered to remain on his former sentence.

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

Reference Number: t17830910-61

654. ROBERT ROBERTS and MARGARET CARTER were indicted for feloniously stealing, on the 5th day of August last, thirty-six yards of linen check, value 18 s. the goods of Angus Mackenzie , privily in his shop .

ELIZABETH MACKENZIE sworn.

I live in Wardour-street , we keep a linen-draper's shop ; on the 5th of August between six and seven in the evening, I missed this piece of check, the woman (prisoner) came into the shop and looked her full in the face, and she desired my young man to cut three quarters of a yard of check, she went away, in the evening we missed the check: She had a long scarlet cloak on; the other prisonor was not in the shop that day, nor any time that evening that I know of; he has been in the shop several times, I saw the check afterwards at Justice Walker's.

THOMAS WILLIAMS sworn.

On Tuesday evening the 5th of August, we lost a piece of check out of the shop; on Wednesday morning a man came and asked me whether we had found the check, and said it was advertised; we went to Hyde-street, and saw the same piece of check.

GEORGE MITCHELL sworn.

I attend at Hyde-street, on the 5th of of August, as Collins and me were going towards the Seven Dials, I met the prisoners together, I said to Collins, says I, Carter has got something in her apron: I searched her, and found this whole piece of check in her apron.

(The check produced and deposed to.)

Prisoner Carter. I picked up the check in Long Acre.

Court. How old are you? - Going in sixteen.

Who do you live with? - I have not a friend alive, I never was apprentice in my life, I sell water-cresses.

ROBERT ROBERTS , NOT GUILTY .

MARGARET CARTER, GUILTY

Of stealing to the value of four shillings and tenpence .

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: t17830910-62

655. ELIZABETH SPENCER was indicted for feloniously stealing, on the 12th of August last, one silver watch, value 40 s. the property of Peter Mollett , privily from his person .

PETER MOLLETT sworn.

On the 12th of August last, I lost a watch about three in the morning, I was coming home very fast from Islington, I was sober, and the prisoner ran after me in Fleet-street near Temple Bar , and caught hold of me by the arm, and asked me where I was going; I said home, she said I live just by, and she pulled me up a court, and when I came about half way up I stopped, and said, I would not go any farther; she said, then here is a house just open we will go in; I said, you may go if you like, but I will not; after she saw I would not go, she knocked and some body opened the door, I went away to come into the street; she ran after me again before I got into the open street; she came quite close to me, and put her

hand half way down my breeches pocket, I took her hand off, and then felt my chain of my watch; she got very close to me again, and put her hand again, I took her hand off, and at the same time I felt my watch slip from my pocket; I said to her, my dear you have got my watch, please to return it me; she denied having it, and made a noise, and called me some bad names.

Court. Did you ever get your watch again? - No.

Are you sure the prisoner is the person? - Yes, I charged the watch with her, and never let her go.

Jury. Was the woman searched at the time? - Yes, I believe she was.

The written Defence of the Prisoner read.

My Lord,

Your Lordship's humanity being well known to persons under unhappy circumstances like mine, tried at this awful bar for life, and impoverished through a confinement of upwards of a month, loaded with grief and anxiety of mind, and destitute of friends to procure me the assistance of Council; emboldens me to rely on you, not only as a Judge, but an Advocate for unhappy prisoners; and as I never before was at a criminal bar, and being unfortunate, and not capable of either reading or writing, without disguise, I trouble you with my case.

An unfortunate woman, to my shame, I must confess myself; the prosecutor I certainly picked up in the street, he was exceedingly in liquor, and no other woman was in company with me; we conversed together for some time, when at last he laid hold of both my hands, and said, I had robbed him of his watch; I told him, I had not, he never quitted me, I was charged with the watch and taken to the watch-house, which I was instantly, and by three men indecently examined, and searched; stript naked; but no watch was found on me.

This, my Lord, is the true case, for I know nothing of the watch, nor had it; my defence I most humbly submit to your Lordship and to the judgment of the Jury, before whom I now stand, and if the evidence of the prosecution is so sufficiently strong as to pronounce me guilty; overwhelmed as I am at present, and much more so, if that awful sentence is given, having an aged father whose grief is unsupportable, I humbly pray that your Lordship will look on me as an object of mercy, and that I may live in future in the paths of piety.

Court to Jury. Whenever the party robbed is privy to the robbery, and either sees or feels the thing taken from him, it ceases in respect to that party to be a private taking; therefore you will acquit her of taking privately.

GUILTY Of stealing, but not privately .

Transported for seven years .

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

Reference Number: t17830910-63

656. EDWARD COFFEE was indicted for feloniously assaulting John Baptista Benedick on the King's highway, on the 16th of August last, and putting him in fear and danger of his life, and taking from his person and against his will, one silver watch, value 40 s. one base metal chain, value 2 s. one cornelian stone seal set in base metal, value 14 d. one other seal value 2 d. two trinkets, value 2 d. and one watch key, value 1 d. his property .

John Baptista Benedick called on his recognizance but did not appear.

PETER MAYNE sworn.

I have nothing to say against the prisoner only I apprehended him, the prosecutor is a seafearing man , and he is gone to sea.

- MOSES sworn.

I was at the taking of the prisoner, the prosecutor is gone abroad, here is the property that was found upon him.

ACQUITTED .

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

Reference Number: t17830910-64

657. THOMAS SMITH and JOHN STARKEY were indicted for feloniously stealing on the 12th day of August last, in the dwelling house of Sir Peter Burrell , Knight, six linen shirts, value 30 s. five pair of cotton stockings, value 9 s. one pair of silk stockings, value 5 s. one pair of worsted stockings, value 3 s. two muslin neckcloths, value 4 s. one muslin handkerchief, value 2 s. two silk handkerchiefs, value 8 s. one cotton night-cap, value 12 d. one hair trunk, value 5 s. one mahogany tea-chest, value 3 s. three silver tea-spoons, value 3 s. one snuff-box, value 2 s. two tobacco boxes, value 2 s. two clasp knives, value 2 s. one razor and strap, value 2 s. one bottle of snuff, value 4 d. one leather pocket-book, value 12 d. one other leather pocket-book, containing a base metal ring, value 12 d. one cribbage board, value 2 s. one cornelian seal value 2 s. one mahogany box, value 4 s. one wooden box with marking instruments, value 3 s. two pair of stockings, value 3 s. one silk waistcoat, value 6 s. one linen shirt, value 6 s. two pair of black velveret breeches, value 6 s. one pair of fustian breeches, value 6 s. one pair of nankeen breeches, value 6 s. two velveret waistcoats, value 20 s. one silk and cotton waistcoat, value 12 s. one woollen cloth coat with silver buttons, value 12 s. one other woollen cloth coat, value 12 s. one linen handkerchief, value 12 d. one wooden box, value 5 s. seven pieces of gold coin of this realm, called guineas, value 7 l. 7 s. one crown piece, value 5 s. one piece of foreign silver coin called a dollar, value 4 s. 6 d. two half crowns, value 5 s. and 10 s. 9 d. in monies numbered, the property of Thomas Souch ; one bank note marked No. K. signed O Geffin, for the Governor and Company of the Bank of England, payable to Mr. James Dallinger or bearer, for 15 l. one other bank note marked No. K. 152, dated the 30th of July 1782, signed William Gardner , payable to Mr. William Hayman or bearer, for 10 l. the said bank notes being the property of the said Thomas Souch , and the several and respective sums of money due and payable thereon, being then unpaid to the said Thomas Souch .

The witnesses examined apart at the request of the prisoners.

THOMAS SOUCH sworn.

I live in the house of Sir Peter Burrell , I am his servant ; I was in the country, I have seen the list of the things in the indictment, and they are all my property; all of which I lost.

What is the value of them, as near as you can guess all together? - I believe about sixty pounds; these things were sent from Sir Peter's country house at Beckenham, on the 11th of August, by our own waggon, I helped to load the waggon myself.

THOMAS OSBORNE sworn.

I brought this box from Sir Peter Burrell 's house in the country, to his house in town, I am certain I unloaded it, and carried it into the house in town with the other things, I drove the waggon.

MARY SOUTH sworn.

I live at Sir Peter Burrell 's house in town, I saw this box at our wash-house, at nine o'clock at night, I saw it again at eleven o'clock when I went to bed; I know nothing more; when I got up in the morning it was not there; the wall was broke down.

THOMAS WETHERELL sworn.

I am one of the patrols belonging to St. Margaret's parish; about half past two o'clock we perceived these two soldier s under the wall in Parliament-street, and my partner Richard Hunter , and I, stopped them; the prisoners are the men; one had that hairy trunk, and the other had the tea-chest; (The things produced and deposed to.) When we met these two men, we asked them where they were going to with that trunk and tea-chest; they directly said, they were carrying it for a young woman of their acquaintance: We took them to the watch-house to be examined by the constable of the night; the next day they were committed.

JOHN TAYLOR sworn.

I am constable of St. Margaret's, on

Monday the 11th of August, I was on duty, and this happened on the 12th, between two and three o'clock in the morning; the two prisoners at the bar were brought in by the patrols, with this trunk and tea-chest; I helped to search them, and found the things that are in this handkerchief, between them both; I cannot distinguish which, but all from the two men: In a little time after that, we sent them down to Bridewell, and one of the patrols and the beadle went to Privy Gardens, and there they found this great box.

John Carey . I was present when the prisoners were brought in: We went into Privy Gardens, and as soon as I came in, I saw this large box there; I found it was open, and I called to my other partner: these men are centries there, one stands at the back of the Duke of Northumberland's, and the other at the back of Sir Peter Burrell 's; the prisoners went on at twelve o'clock and were relieved at two o'clock; in the box I found a pocket book.

BENJAMIN VAUGHAN sworn.

I am a corporal, I know the two prisoners, they were centries on the 11th of August, at night, Starkey, at the back of Sir Peter Burrell 's, and Smith at the Jewel Office, near Lord Gower's, I relieved them at two.

Prisoner Smith. Did you find us in the place where you put us? - Yes.

PRISONER SMITH's DEFENCE.

As for the box I know nothing at all of; as for the bundle we picked it up after we were relieved; we went to take a walk, neither of us were sleepy, we saw the bundle and the two chests stand, and we divided them and were taking them away; I have been informed since we have been in trouble, that a soldier of the same regiment had been seen with some part of the property belonging to the same place, and has been turned out of the regiment.

Court to the Corporal. Is that so? - A man was punished for neglect of duty, and he had some thing found about him, he was tried by a Court. Martial and drummed out.

THOMAS SMITH , JOHN STARKEY ,

GUILTY , Death .

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

Reference Number: t17830910-65

658. ANN PANTONI and HANNAH GREEN were indicted for feloniously stealing, on the 8th day of September last, four linen hats, value 17 s. the property of Sarah Moody and Jane Birkett , privily in their shop .

SAMUEL STUBLEY sworn.

I know the two prisoners, I am a shopman to Messrs. Moody and Birkett, they are partners; the two prisoners came into our shop on Monday, under pretence of buying a hat, they agreed for a hat and paid sixpence earnest towards it, and they desired my mistress to give them a little small beer, they said they had the gripes, and my mistress sent me to get them some, and bid me warm it with some sugar in it as they desired; I went for it, and when I came up with the beer the prisoner Pantoni was gone, and the other woman was standing at the door, I gave her the beer to drink, and she drank it, and went after the other woman, and directly as they were gone my mistress missed two hats, I went after them all round Covent Garden market, and could not see any thing of them, as I was coming back they were at the public house the corner of Henrietta-street, drinking gin; Pantoni came back to our shop with me, and the other woman came back in ten minutes after of her own accord; and she said they had no hats, and we set them at liberty, the constable felt them and found nothing; I followed them and put on my great coat that they should not know me, and I watched them for half an hour, and they came out of an ale house in King-street, and I stood the corner of Bedford-street, and they had a basket of mint and balm covered over, and I went over to them and asked them if they had our hats, and

they denied it, and said no; so I put my hand into the basket and I felt the hats, the prisoner Green run away, and I took Pantoni, and I let her go again, for I thought the mob would detain her, and another man took Green.

(The things deposed to.)

PRISONER PANTONI's DEFENCE.

I was half an hour in the shop after he gave me the small beer, after this woman was gone out; this good woman came in and asked for pair of black stockings, I stood in the shop a long while, and I asked the gentlewoman for a little drop of her small beer, and warmed; and she gave me a couple of cards to recommend the shop; which I said I would; before ever I stepped out of the shop, says she, where is that good woman, I said, I cannot tell: I went away and I saw her afterwards picking her mint and balm, and we drank together, these two hats were missing long enough before I came out of the shop, I was very willing to be stripped in the shop, I suppose all together I was a quarter of an hour after; then I went to the woman, and left my goods with her.

Court. How did you come by these hats?

Prisoner Pantoni. The gentleman did not take them from me.

Prosecutor. I took them from that good woman and you was with her.

PRISONER GREEN's DEFENCE.

I went into the shop for black stockings, there was nobody when I went in but the gentlewoman of the shop, she said she had none, I went out of the shop, and going along I saw a great mob, and the gentleman laid hold of me by the arm, I had no basket nor any thing at all in my hand.

Court. What is the value of these hats? - I valued them at what we sell them for, I valued them at too much, I now value them at ten shillings.

ANN PANTONI , GUILTY Of stealing to the value of 4 s. 6 d.

Transported for seven years.

HANNAH GREEN , GUILTY Of stealing to the value of 4 s. 6 d.

Transported for seven years .

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

Reference Number: t17830910-66

659. JOHN WRIGHT was indicted for feloniously stealing on the 1st day of August last, one mare of a bay colour, price five pounds , the property of Charles Mason , Esq .

JOB MILLS sworn.

I am servant to the prosecutor, he lives at Elstree in the county of Herts , he lost a mare, I missed her on the second of August, about six in the morning; she was brought to me in the evening by one Williams, I know the prisoner, he worked for me three quarters of a day about June last.

What was the value of this mare? - About five pounds.

WILLIAM WILLIAMS sworn.

I am an officer belonging to St. James's Clerkenwell, I know the prisoner, on the 2d of August, he brought a mare with this halter round her neck through St. John's-street turnpike, it was a little after four, the prisoner led the mare carelesly along the road, I suspected him when I saw him first of all going to take it to the collar-makers, or horse-flesh people; and followed him into Thames-street, and there about thirty-five minutes after four I attacked him in Thames-street with the mare; and he said he brought it from St. Alban's, I asked who she belonged to, and he could not answer; I asked him where he was to bring her to, he said to Thames-street, and to be there by seven o'clock, I asked him at what house in Thames-street, he could not tell; upon that I charged him on suspicion of stealing her; he rather hesitated, says I, I believe you have stolen her; he persisted that the man was to come at seven o'clock, I took him to Bridewell, and I left the mare just by Billingsgate in care of a person till ten o'clock, at ten I took the prisoner from Bridewell to be examined before Justice Blackborough, I called him into the lodge, and said, says I, young man you had better relate to me how you come by this mare, you certainly did not came by her honestly: In short he said, he did not come by her honestly, and he said, if he must tell the truth, she belonged to 'Squire Mason, at Elstree, Herts.

Court. Did you say any thing to him to induce him to confess? - No.

Did you tell him that he should not be prosecuted?-No: On the same day, the 2d of August, I went down with this mare and brought her back again, Mills saw the mare, and he said it was Mr. Mason's, he knew her very well; he had her brought up from a foal.

Court to Mills. How old was the mare? - Nine years, I am very sure it was ours.

PRISONER's DEFENCE.

I found this mare on the road with a halter about her neck.

Jury to Mills. Was she turned into the field with a halter about her neck? - No.

GUILTY , Death .

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

Reference Number: t17830910-67

660. MARY BARRY was indicted for feloniously stealing, on the 2d of September instant, one piece of three quarter white Persian silk containing fifty-eight yards, value 7 l. one other piece of three quarter white Persian silk containing fifty-eight yards, value 7 l. one other piece of half ell Persian silk containing one hundred and twenty-six yards, value 12 l. the property of Lewis Jouenne , in his dwelling house .

ISAAC GREGORY sworn.

I am clerk to Lewis Jouenne .

Court. When did you miss this silk? - We did not ascertain the loss of the goods till we had information.

HENRY LEE sworn.

I keep a silversmith's shop and sell all sorts of things, I know the prisoner, she came to my house the 14th of August, and asked me if I had a good metal watch to sell, I told her yes, and I shewed her several, she agreed with me for the watch, and asked me if I wanted to buy a piece of silk, I desired her to let me look at it, she shewed me a piece of three quarter silk, I asked her the price of it, and she told me two shillings per yard; I agreed with her for one shilling and ninepence halfpenny per yard.

Did she sell you that as her own or as another person's? - I asked how she came by it, she said, she came by it for a bad debt.

Did she tell you where she lived and what was her name? - No, my Lord.

But you enquired, did not you? - A witness that is in Court now, came along with her, and they were both very well dressed, I had no suspicion of them.

(The silk produced.)

Court. How many yards are there? - About sixty.

- FREBNEL sworn.

He being a foreigner,

JAMES LE COUNT an interpreter was sworn.

Court. What is your business? - A weaver.

Is that silk a piece of your work? - Yes

Can you swear to your work? - Yes.

By what mark? - By the bars that I mad in the piece.

Are you positive it is your work? - Yes.

Who did you work that piece for, and who did you sell it to? - For Mr. Jouenne.

Did you deliver it to Mr. Jouenne? - To some of the foremen.

Did you sell and deliver it to that house? - Yes.

What may be the value of it with the trade? - I cannot tell.

Court to the interpreter. Are you a silk weaver yourself, do you know the value of this work? - I do not, I am only a journeyman myself.

Mr. Lee. I had this other piece from the witness Elizabeth Tather , and the prisoner at the bar.

Did they offer this for sale? - Yes, they both came in together and they asked me if I would buy two pieces more, they both came together the first time and the second time, that was the second of this month, they brought me these two pieces of silk, and I asked them what they would have a yard for it, and they told me one shilling and sixpence, I suspected them, and said, I will give you fifteen pence per yard, the prisoner at the bar said, I must have twelve guineas, I asked her what this large piece measured, and she told me about one hundred yards, I measured it, and I told her on purpose, says I, why here is bu ninety odd, then says she, you must have it for ninety odd, whereas there is one

hundred and eight yards; they said, they took them as a bad debt.

Who told you they took them as a bad debt? - Both of them together.

You are sure of that? - Yes.

The prisoner said so with the other? - Yes, they agreed with me to buy them at fifteen pence per yard, they came to nine pounds thirteen shillings and sixpence.

What did the other piece measure? - About sixty yards within a quarter of a yard, the prisoner then went out of the shop and I followed them, and they stood talking together at the corner of Smock Alley about three minutes, one went towards Smock Alley and the other towards Widegate Alley, that was the prisoner, I followed her and she turned up Rose Alley, I missed her in Rose Alley, I met with her again, and saw her come out of Rose Alley, and go into Mr. Jouenne's house, I had some suspicion that she did live there, I thought I would not apprehend her then as she went in there, and I went to Mr. Wilmot's and told him; the next morning she was taken, and I went to the house, and I said that was the woman, and they put the question to her, and she did not deny it, she owned it directly, and she said, she had taken it of this gentlewoman as a bad debt.

Was any thing said to induce her to say so? - No, they had no suspicion of her, they said, it could not be her, she had lived there two years and six months as a cook, she said, she knew me and sold me some silk, she said, she had it from Elizabeth Tather ; they asked her then, where Tather lived, they went by her direction to several houses, but she gave wrong directions, quite wrong: I told them then, it was impossible that the direction the prisoner gave could be right, for the other woman must live near Spitalfields, I found out where she lived, I went to the house and found her in the house where her fellow servant told me, it was at the beadle's of Spital-fields, he would not open the door, but at last Mr. Yardley said, if he would not open it, he would break it open: The next morning I went there again, and then I saw the gentlewoman, and knew her when she was dressed, and she confessed directly, that she had them of Mary Parry , and that Mary Parry told her, she had them of one of the warehouse men, who bought them at a sale.

Le Count. The other pieces are my making, I made them for Mr. Jouenne, I delivered them at that house.

MARGARET BLOW sworn.

I get my bread by working in the loom, I work for Mr. Lewis Jouenne , I acknowledge this to be my hand work.

Are you sure of that? - Yes, by particular marks.

You can swear with truth to it? - Yes, before God and man: I delivered it out of my own hands to Mr. Jouenne's house.

ELIZABETH TATHER sworn.

What is your business? - I take in plain work, and wash small linen, I live in Black Eagle-street, Spital-fields.

Do you know the prisoner? - Yes, I have known her between seven and eight years, I know nothing of this property, she told me some time ago, she had some silk bought at a sale very cheap, and she sent to me to come and drink tea with her, and I went, and as I was going home, she said, she would go with me, and she said, that Mr. Jouenne's warehouse man had bought a lot of silk for her at a sale, and we went to a narrow street which I was not acquainted with, but it took us into Smock-alley, and Mr. Lee bought it of her, and she had a watch, and the remainder in money.

You went a second time there? - Yes.

What passed the second time? - She asked me to go with her, and said, the person that bought the other would take that, and we asked him twelve guineas.

Did not you, both of you, say, that the silk belonged to you? - I never said that it belonged to me, any further than she asked me to ask twelve guineas for it.

Did you say that you had it for a bad debt? - No, Mr. Lee said, he would not give so much for it as we asked, we asked

sixteen pence per yard, he said he would give fifteen pence.

Court. When you say we, you mean the prisoner and yourself? - Yes, we were both there together.

Do you remember her or yourself saying any thing about your having it for a bad debt? - No, my Lord.

He asked her no questions how she came by it? - No, not before me he did not, he paid the money, and we went away.

Who received the money? - I took it up, he laid it on the counter.

Jury. What part of the money had you for this service? - I had no part of the money.

Court. If the money was not to be yours, how came you to take it up? - She desired me to ask twelve guineas for it, and she said, she thought I should get more than she; she said she gave ten pounds for it, I gave the whole of the money to the prisoner.

Court. You are upon your oath? - Yes.

Jury. Had you no suspicion at this time, knowing that the prisoner lived with a silk mercer, that this silk was stolen? - No, I had no suspicion of the kind, I thought she had got it cheap.

How long have you been acquainted with the prisoner? - Six, seven, or eight years, I was three times at Mr. Jouenne's while she lived there, I cannot tell any particular time.

ROBERT HUGHES sworn.

I am servant to Mr. Jouenne, when Mr. Wilmot came to our house, I went down to the office and examined the goods, and I think they appeared to be our own manufacture, I only identify the goods.

THOMAS JACKS sworn.

I am the officer that apprehended her, Mr. Lee gave me information on Tuesday night, the second of this month, and I searched the prisoner's room, by the bedside I found this watch.

(The watch produced.)

PRISONER's DEFENCE.

I have no friend, nor council, I have nobody to call but my master.

Mr. Gregory. I am very ready to give her every advantage of a good character, she lived at our house two years and four months, and never forfeited her character before.

Court to Jury. With respect to their being stolen out of the dwelling house, there is no circumstance to bring that home to the prisoner, but what arises from the probability of these being shop goods, and in that case that they must be stolen out of the house, unless they were purchased by somebody, which does not appear to be the case.

Jury to Gregory. We wish to know whether the prisoner had access to the warehouse? - The ware-house was not locked, it communicates to the dwelling house by two doors, which are never fastened day or night, but we have a watchman sits up all night, and goes his round from the warehouse to the compting-house.

Jury. She might go to it as he is often absent? - This was done on the Sunday morning, I believe she has acknowledged it.

GUILTY, Death .

She was humbly recommended to mercy by the Prosecutor and the Jury .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-68

661. MARTIN PALMER was indicted (with one GEORGE FIELDING ) for feloniously stealing on the 29th day of August last 23 guineas and 7 s. in monies numbered , the property of John Cosgrave .

JOHN COSGRAVE sworn.

I have been for six years at sea, I was a baker : on Friday the 29th of August, between eleven and twelve in the day, I was robbed in a publick house of twenty-three guineas and about seven shillings, the prisoner and me were drinking in a publick-house, he was a stranger to me, I was drinking

with a woman that knew him at the Bell and Grenadier, I met the woman in the street, and I took her into this house to give her some beer, being just come home from sea, I was a little jacovus, and two men come in a little time after, I do think we drank a matter of seven or eight quarterns of gin, and a good deal of beer, I did not mind a shilling or two, there were two men and a woman and me, we were together about two hours.

Court. You got pretty drunk? - I had been a little tosticated, and just seemed to slumber with my head a little on the table, one man came and seized me, and took my gold, and threw my papers under the table, the prisoner took my gold, one came and took my money, and the other held me up till he took all my money out of my pocket, and threw all my papers under the table, I was sensible, but not capable of guarding myself, the woman of the house took the papers up, and one of the men threw a guinea into the woman's hands, I knew the man, and was in his company for some time, I was as sober when he came into my company at first, as ever I was in my life.

Are you sure it was not the woman? - No, she had no concerns with it, she knew the men, and gave them an idea that I had this money about me, I received this money in Bread-street, and I met this woman in Bread-street .

As soon as they picked your pocket what did you do? - Next morning I went and enquired after these people, and I found this man and his wife, where he kept his house, in Frying-pan-alley, they were fighting, and she got over him, says she, you villain give me the six guineas you had last night, they rescued him from me, I could get no constable.

JOSEPH NEWTON sworn.

The prisoner has employed a set of villains to use me ill, so that I walk in danger of my life, I am in the silk manufactory, I live in Frying-pan-alley, I was in some part of the house when the three men were there, there was Fielding, Palmer, and Cosgrave, they were all three drinking together.

Prisoner. He was one of the company.

Newton. They were all three in the box drinking together, Fielding, and Palmer, and Cosgrave, and the woman during the time she was there was on the opposite side of the table; some time after they had sat drinking together, Fielding comes and sits on the other side of Cosgrave, after they had set some time, the woman went away; after the woman was gone, the prisoner got under the table, and was there some time, he then came and sat close by Cosgrave, who was then between the prisoner and Fielding; in that situation they remained when I left the house, but before that I heard Fielding say to Palmer that the sailor had more than twenty guineas in his pocket, I then left the house, and on the next day, Saturday, coming through Frying-pan-alley, I saw the prisoner and his wife fighting, he was bleeding, I heard the woman say, you rogue give me the six guineas you had of the sailor, which you gave me last night and took away again, he said she should not have them, I went to the publick-house and met the prosecutor, and he had taken Fielding who is now absent, he said he had taken one of the men, I told him he had got the wrong man, he went back with me, and the woman then was down upon the prisoner, striving to get the money out of his pocket, the prosecutor immediately went into the house, as soon as he got into the house, several of the whores and bullies, and such like people, rushed upon the prosecutor and rescued the prisoner, I took the prisoner twice myself and they rescued him; when I took him the second time he was sitting in a publick-house in Bunhill-row, I told him he should go with me, he desired me to come into the yard, he then acknowledged he had twelve guineas of the man's money, and that he had given the other man three, he then offered me two guineas and the change that was in the publick-house, if I would excuse him.

What did you say to induce him to make this acknowledgment? - It was his own voluntary offer, I said nothing at all to him.

Did not you tell him it would be better for him, or that perhaps he would be excused?

- I said nothing to him, he begged I would excuse him, I told him, I would fetch the sailor to him, and I went to Mr. Wilmot's, I neither made him promise nor threatening, the Justice sent a headborough and he was committed.

Court to Prosecutor. Are you sure you had twenty-three guineas and seven shillings in your pocket, when you first went into the public house, and seated yourself in the box? - Yes, I was quite solid when I went in, I was just what you may call merry, I am positive on it, I was plundered of it before I came out.

CATHERINE MORNHAM sworn.

I keep a public house, the prisoner, this man and a woman and another man, came into my house about eleven o'clock in the morning and called for some liquor, and the woman sat and sung several songs, after they had been an hour in the house the prosecutor laid down his head on the tap room table and fell asleep, they called for liquor pretty fast, I was dubious that they would bilk me of my reckoning, I went into the tap room, and they called for more liquor, the prisoner was one of the men; I said who is to pay for the liquor, the prisoner at the bar said he would, with that he gave me a guinea to change, I said to the prisoner at the bar and the other, you brought that man in with you please to take him out with you, then they waked him and lugged him out, the man at the bar never came back for the change, I picked up some papers, which are of value to him as he cannot receive eleven pounds without them; I found them under the box, and I supposed them to be his, there was no disturbance at all in the box.

Did you see any body creep under the table at any time? - I was the greatest part of the time out of the room.

Why do not you bring the man's papers and the change? - I keep them for him, he leaves them with me for fear he should lose them.

Prosecutor. They are by my desire with her, but she objected to give me the change.

PRISONER's DEFENCE.

Between twelve and one, I went into this house and called for a pint of beer, I saw but this Newton and Fielding, and this woman, and the prosecutor, they said, you may as well drink with us, I knew Newton; Newton and the woman went away, I said, hang it says I, Fielding, all the reckoning will be left to us, I went and shook the sailor and he was fast asleep, I could not wake him, I said, it is damned hard, I happened to say that word, and called to the landlady and paid the reckoning, and she desired me to wake the sailor, and take him with me, says I, I did not come with him, he was so fuddled he could not walk; they were in company long before I came there, and eating of bacon, I never saw any thing of the man's money.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-69

662. RICHARD DAVIS was indicted for feloniously stealing, on the 1st day of September last, eight linen shirts, value 4 l. three pair of nankeen breeches, value 20 s. four linen table-cloths, value 20 s. two waistcoats; value 20 s. one counterpane, value 20 s. two bed gowns, value 10 s. one pair of sheets, value 20 s. one coverlid, value 5 s. fifteen linen clouts, value 15 s. eight towels, value 4 s. seven dusters, value 4 s. three skirts, value 6 s. four pair of cotton drawers, value 8 s. five pair of thread stockings, value 10 s. one pair of silk stockings, value 4 s. two aprons, value 2 s. and one cloth, value 12 d. the property of Thomas Henry Hull .

THOMAS HENRY HULL sworn.

I only swear to my property.

THOMAS DYSON sworn.

I was going from town the 1st of September about six in the evening to Stamford Hill, with a load of dung; my horses stopped in Shoreditch in the middle of the

street, when I returned to my cart, a gentleman told me a parcel was taken away from my cart, I brought the parcel from Mr. Hull, it was going to Stamford Hill to be washed, I missed the parcel when the gentleman told me.

JOSEPH TITTERON sworn.

I keep a watch-makers shop in Shordeitch, on Monday the 1st of September, I and my son were drinking tea in my dining-room fronting the street, and my son said to me, papa, look out of the window at that man, he is a known thief; I looked at him, and I saw him, sauntering about, and there was a dung cart stood in the middle of the street, almost opposite my door; the prisoner after standing some time on the footpath walked up to the cart, and the cart hid him from my sight, in a very short time he returned to the footpath, he then in a careless manner looked about him, and at last he darts from the footpath to the cart as I imagine, and by the help of the spoke of the wheel he got the bundle off over the copse of the cart, and away he ran with the bundle; my son-in-law got up to the other window, and seeing him run off, he run down stairs to take him, my son's name is Peter Gardiner , I kept my eye on him, and I saw my son catch him at the corner of Webb Square, I came down stairs and told the carter.

PETER GARDINER sworn.

I saw the prisoner take out the bundle, and I went down stairs and I pursued him, and when I came within ten yards of him, he turned round, and seeing me, he dropped the bundle, and I collared him directly.

(The things deposed to.)

PRISONER's DEFENCE.

I picked that up in the middle of the highway on Monday was a week, there was nobody by it, nor any cart.

GUILTY .

Transported for seven years .

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

Reference Number: t17830910-70

663. ANDREW ROMAN was indicted for that he, well knowing that one Thomas Irven Anderson had lately served our Lord the King, on board the ship called the Nemesis, and that certain prize money was due and payable to him for his service on board the said ship, on the 22d day of August last, feloniously, willingly and knowingly, did personate and falsely assume the name and character of the said Thomas Irven the seaman aforesaid, in order to receive the said prize money against the statute.

ALEXANDER CHORLEY , Esq; sworn.

I am one of the agents for paying the prizes of his Majesty's ship the Nemesis; Thomas Irven Anderson was a seaman on board that ship, as it appears to me by the books called the distribution list of the prizes, and it appears that he was boatswain's mate on board that ship: It is signed by the captain and officers, and certified by the commissioners of the Navy.

How much did it appear his share amounted to? - Three pounds ten shillings and sixpence, the prisoner applied to me on the 23d of August last, he was with me three times, the first time he was brought by a man that has been convicted this sessions; he represented himself as Thomas Anderson , I do not recollect that he made use of the name of Irven.

Prisoner's Council. My Lord, the name he assumed is not the name mentioned in the indictment.

Court. Let me see the act of parliament, hand up the indictment.

Court. Have you looked over the names of the several crew belonging to that ship? - Yes.

You have the names of all that belonged to that ship? - All that were entitled to prizes.

Did he mention what situation he bore on board the ship? - I think he said boatswain's mate, or yeoman of the sheets, which I believe is much the same thing.

What was Anderson? - Irven Anderson was boatswain's mate.

You are not much accustomed to the sea yourself? - No.

Did you then refer to your book? - Yes, I did.

Did you take notice then of the name of Thomas Irvin Anderson ? - Yes.

Did you mention it to him? - No, I did not, the question I asked him was, if he had any certificate from his Captain or officers, to shew he was the person he represented himself to be; then I began to suspect him, and I warned him as I did the other man, to take care what he was about, I told him the consequence, and told him, there was a man to be executed the very next day for the same crime, at which he seemed to be shocked, as I thought; I told him, he must bring me a certificate from the officer, then he told me, he had been sick in the hospital; I then told him, to bring me his discharge from the hospital; the next day he came again with two more people, one of whom was very riotous, and called himself an officer, and required payment of the money to this man, I told him, if he would call on me on the Saturday following at twelve o'clock, and bring the other man with him, who had come with him at first, that was the man that has been convicted this sessions; I then possibly might pay him; they came at the appointed time and Captain Blythe was at that time in my house and saw the prisoner, and gave his opinion of him, then I had him apprehended; the other prisoner brought him first.

- BLYTHE, Esq; sworn.

I was Captain of the Nemesis, I know Thomas Irvin Anderson very well, he was intitled to prize money for the Dutch ship the Catherina.

Do you remember whether there was any other sailor or person belonging to the ship, of the name of Anderson? - There was no other of the name of Anderson at that time.

How did you call him? - Thomas Anderson in general he was called, but in a ship that he was in before, which I commanded, he was called Thomas Irvin.

He was always called Thomas Anderson, on board the Nemesis? - Yes.

What ship was that? - The Camel, he was known at Liverpool as Thomas Anderson , he lived there and kept a publick house; I entered him in the Nemesis, by the name of Thomas Irvin Anderson .

Is that man the man? - I never saw the prisoner at the bar, before the 23d of August last at the agent's house; he is not the man that went by the name of Thomas Irvin Anderson , in the Nemesis.

PRISONER's DEFENCE.

The man that has been tried took me to the agent's house, I knew nothing of the matter.

Court to Jury. Gentlemen of the Jury, with respect to this evidence, it has been objected on the part of the prisoner, that the name he assumed, Thomas Anderson , is not the name mentioned in the indictment, now I conceive, that where it is clearly proved as to the taking the Christian name and the sirname, and omitting another Christian name that may be in the middle, but taking the name that a man is usually called by, as people generally content themselves with the first Christian name and the sirname: If upon the evidence it appears that he clearly and certainly meant the person whose full name is Thomas Irven Anderson , that in my apprehension is personating him; you will therefore form your opinion, whether by his personating the name of Thomas Anderson , he did not personate Thomas Irven Anderson.

GUILTY, Death .

He was humbly recommended to mercy by Captain Blythe .

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

Reference Number: t17830910-71

664. ANN HARRIS was indicted for feloniously stealing, on the 26th day of July last, one silver table spoon, value 5 s.

the property of John Cullum , and two linen shirts, value 6 s. the property of James Drake .

JOHN CULLUM sworn.

I keep a butter shop , I live in Hollis-street, Clare-market , I lost a silver spoon, on Saturday the 26th of July.

What is it worth? - Five shillings, I was writing in my parlour, the prisoner and my maid had some altercation, and I went out, and she was standing by the staircase, just upon the last step, coming into the passage, the maid asked her, what business she had there, she said, to tie up her garter, I thought I saw something bulging about her apron, and I pulled it on one side, and in it was these things belonging to Mr. Drake (the things deposed to by Mr. Drake.) the spoon is in the possession of the person that took it from her, I sent for a constable and she was committed.

THOMAS STAPP sworn.

I am a porter, I was in Mr. Cullum's house, I searched her and found this spoon, that is all I know, I have had it in my custody ever since.

(The spoon deposed to.)

Prisoner. I leave it to the Court.

GUILTY .

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

Reference Number: t17830910-72

665. WILLIAM LAWTON was indicted for feloniously stealing on the 29th day of August last, one linen shirt, value 7 s. the property of John Leonard .

JOHN LEONARD sworn.

I lost a full trimmed shirt on the 29th of August last, it was in a clothes basket, my wife had it to wash for me, she put it in the parlour near the door about a quarter past eight, the shirt was taken out by some person, I know not who, the door was standing open.

RICHARD HUNTER sworn.

I heard an alarm about half after eight, and I saw this man whom I know well with a bundle under his arm, and I attacked him and asked him what he had there, he used me rather ill in discourse, I found a cloak that I cannot find an owner to under his arm, and a wet shirt in his pocket.

(The shirt deposed to.)

PRISONER's DEFENCE.

I went to meet a comrade of mine, and we had two pots of beer, we happened to fall into company along with a couple of young fellows belonging to the guards, we had two or three pots of beer, and one of them said, I will go and fetch one of my shirts and I will pawn it, says I will buy it of you, I had not money enough, I gave him what money I had, and told him I would fetch the remainder; there was another young fellow, he was taken into custody and discharged, and this gentleman met me and stopped me, and there lay a parcel of old ragged cloth, and just as I was picking it up he came up.

GUILTY .

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

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

Reference Number: t17830910-73

666. JOSEPH CROWDER was indicted for feloniously stealing on the 13th day of August last, one iron key, value 2 s. the property of William Wrathall .

WILLIAM WRATHALL sworn.

I lost the key of the street door of the adjoining house to that I live in, it was under the care of the workmen, for having occasion to use these premises we borrowed the key, it was on Monday the 18th of August last, we searched for it that day, but without effect, we suffered the night to pass over without any security but the spring-lock, I ordered one of the workmen now in Court, to put on a padlock.

Court. Where did you find the key? - In the prisoner's pocket, on the Wednesday

evening I took him at the door wrenching off the padlock, I led him into the next door, both which houses I am in possession of.

(The key produced by Joseph Inwood .)

How came you by that key? - I searched the man's pocket, but before I could do so, he pulled the key out of his pocket, and laid it down on the settle, I gave it to my master, and he said, it is my key.

(The key deposed to.)

PRISONER's DEFENCE.

I had been fixing on a lock for a person that gave me the job, and about a month ago I bought that key and gave three pence for it, I happened to be fixing on a lock, and I went to make water, and the gentleman said I was going to break open the the empty house; I am a proper locksmith , and a jobbing smith, there was a man with me when I bought the key, but he is gone into the country.

Court to Prosecutor. Did you take him in the act of forcing open your door? - Yes I certainly did, forcing the padlock, he had two or three files and screw drivers, and a large iron pin about fourteen inches long to operate as a crow, which he had in one hand, and a screw driver in the other.

Court. What is the value of that key? - To replace it two shillings, or two shilshillings and six pence.

Court to Jury. Gentlemen, at first I thought this might have been a petty larceny, but on hearing further I think it proper to consider it strictly, he stole the key with intent to get into the house, for after he had stole the key, and the prosecutor had fastened his house with a padlock, you find the prisoner coming again, and being disappointed forcing his way into the house, for no good cause I presume, the prosecutor has sworn that the value of this key is two shillings or half a crown, that makes it a grand larceny; if you should be satisfied from the evidence that the prisoner did steal the key, I think under these circumstances, you are not required to reduce it to a petty larceny.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17830910-74

667. FRANCIS HALL was indicted for feloniously stealing on the 16th day of May last , fifty feet of stack wood, value 5 s. the goods and chattles of the churchwardens of the parish church of Edmonton .

A second Count laying it to be the property of Joseph Green .

JOHN EDEY sworn.

I live at Southgate, I know the prisoner, I saw him on the 16th of May on Edmonton Common , between four and five in the morning, loading a cart with stack wood.

Council for Prosecution. Do you know the stacks? - I cannot say I do.

Who were they said to belong to? - The parish of Edmonton.

Did you speak to him? - No, Sir, as soon as he saw me, he jumped off the cart and drove off, he had about half a stack of wood, as nigh as I could guess, I saw him as far as I could see him for the bushes.

Prisoner's Council. What part of the Common was it where you saw him? - In the Gravel-pits.

Who bought the lots near the Gravel-pits? - I do not know.

Did you enquire whose they were? - I told my master, whom I worked for.

Who is he? - Mr. Erwood.

He began this prosecution, did not he? - Yes.

How long was it before you had any conversation with Mr. Erwood? - I mentioned it the day after.

Not I believe until the defendant brought an action against Mr. Erwood? - I know nothing about that affair.

You do not know whose wood it was, nor whose stacks they were? - I cannot say.

Do you know one Thomas Axworth ? - No, I cannot say I do.

Did he buy any wood at the sale? - No, he is not allowed to buy any.

Will you say upon your oath, that he did not buy any? - I do not say that.

Council for Prosecution. Why is not he allowed to buy wood? - Because he was used to do them things before, so they would not let him buy.

JAMES WATKINS sworn.

I live at Palmor's-green near Edmonton.

Did you ever see the prisoner? - Yes.

Do you remember seeing him on the 16th of May? - Yes, I saw him on the Chace.

What was he doing? - He had a cart with three horses.

What was in it? - I saw it with wood in it, hornbeam and beech.

Was it, or was it not, the sort or wood that is stacked there? - It was stacked wood, he was coming towards home from the stacks, I cannot say how far he was from there.

Do you know whose wood it was? - I cannot say.

HENRY JOHNSON sworn.

Where do you live? - At Edmonton.

Do you know the defendant? - Yes.

Do you remember seeing him on the sixteenth of May? - Yes, I saw him near where the man hangs in chains, that was before six.

Did you look into his cart? - No, I was not nigh enough for that.

Prisoner's Council. Who desired you to come here to give evidence, who brought you here? - I saw him there.

Do not you know he bought stack-wood? - No, Sir.

How far was he from the stack-wood? - Half a mile.

JOHN ERWOOD sworn.

I live at Edmonton, I am one of the church wardens.

Do you remember the sale of this wood? - Yes, the sale of this wood was the 20th of February last, we had always lost a vast deal of wood every year after the sales were over, not less than one hundred pounds a year, I have been under the necessity of being under a private agreement, that if there was any proof of any wood being stolen, I would not only make good that deficiency for the purchasers, but likewise be at the expence of the prosecution; this wood was bought by one Green, we sell five stacks in a lot, and these five stacks were sold for four pounds seven shillings and six pence; out of the five we lost one stack and and an half.

How do you know that this wood was taken from these five lots? - The man that saw the prisoner at the bar loading it, shewed me the very spot where the prisoner was loading it from, and by that I am very certain that it was lot 15; the man's name was Joseph Green .

Court. Is not he here? - No.

Then how do you know that is the place? - The wood was forfeited again to the parish, at the time it was stolen it became the property of the parish, by not being taken away according to the conditions of the sale; it should have been taken away in two months, Edey that saw him loading the wood did not come to me first, but it was told to other people that told me of it, I heard of it by mere accident, they did not like to tell me, they knew I would prosecute if they did; when I heard of it I sent for Edey, and desired him to go with me to show me the spot where he saw him loading it from, and he went with me and shewed it me; when I came there I knew it to be lot 15, which was bought by one Green a baker at Tottenham, I then went to that Green.

Court to Edey. Did you show Mr. Erwood the place where this wood was taken from? - Yes.

Was that the place where you saw the prisoner? - Yes it was, the mark of the cartwheels were there.

Erwood. I went to Green and asked him if he had fetched away any of the wood, and he said he had not, I asked him why he did not fetch it away within the time, his answer was, the weather had been so bad, and he kept no teams of his own, I said I want to know whether you have lost any of your wood; accordingly he went on

the Chace, and came to me and told me he had lost a stack and an half.

Prisoner's Council. No, no, bring him here.

Erwood. I told him the wood was become the property of the parish again; he said he hoped I would not take the advantage, I told him I would not, and I paid him for the wood he had lost, as I have done to many other persons, for there was not one customer but had lost, who bought at the four sales.

You are employed to sell it besides being church warden? - Yes, I was chosen surveyor of the Chace at the first allotment.

And you say this is one of the lots? - Yes.

Prisoner's Council. How came Mr. Green not to be here? - He would have been here if we had desired him.

Why did you not, you only know what he told you? - I know I paid him for the wood he lost.

Are not your conditions that the parish will not be answerable for any wood that is lost after one day of the sale? - Yes, that is to prevent bad people coming to buy, but I am under a private agreement.

You do not know of your own knowledge that Green lost any thing? - No.

When did you commence this prosecution? - The warrant was taken out the 23d of May.

Was not that after Hall had brought an action against you for impounding his horse? - He brought an action against me the 30th of May, which was a good many days after that.

There have been some disputes and lawsuits between you and Hall? - You know very well.

Did you never ask any body to assist you in finding evidence to prosecute Hall, and promise them a reward? - I did not.

Do not you know that one Joseph Tholby bought a good deal of wood on the Common? - No, Sir, no such person bought any.

Do you know such a man? - No, I do not.

You do not know of this man's buying any of the lots of people that were purchasors? - I do not believe he ever bought any.

Witnesses for the Prisoner.

JOSEPH THOLBY sworn.

What do you know of this wood on the common, did you purchase any of it? - No, Sir, the wood I sold to Mr. Hall did not grow on the common, nor belong to it, it was not my property, it was the property of Mr. Warsiff, I was his bailiff, I suppose that I have sold him not less than fifty loads or more within three quarters of a year; the wood I sold was not taken off the common, he comes across the common where my allotments are, they are a tithe allotment; going round by the road is a long way out of his way.

Did you ever know him drop half a load when he went across the common? - I never knew him drop any on the common, I never went with him, he might lay it down or take it up I cannot say, his way home was across the common.

Court. Where does the prisoner live? - By Winchmore-hill.

Prisoner's Council. How long have you known him? - Twelve or fourteen years.

What is his character in the neighbourhood? - I never knew he bore a dishonest character, he always behaved honest to me and paid me honestly.

JOHN HOWISON sworn.

I live at Edmonton; I know nothing of the wood, there was a great many sales.

Do you remember any disputes between Mr. Hall and Mr. Erwood? - I do, Mr. Erwood was served with a copy of a writ in the Marshalsea Court, and he said to me, he would take up Hall and transport him, and he sent to me, to know if I would assist him.

That is so? - That is the truth upon my soul; when he took up Hall it was the time of the sessions sitting, and I said, take him to town at once, but he begged for a further examination, and the prisoner was

sent to New Prison, and then he waved the felony and lodged him for a misdemeanor: Erwood suffered execution for the payment of the money, and he told me, he wanted nothing else but to punish the prisoner; I was sent for by Hall in the cage, he was taken up just before the indictment was preferred.

Council for Prosecution. When was the writ served? - I did not serve it myself.

But you knew of it? - It was just before the return of the writ, I did not see it, I do not tell you I did; Erwood himself said, he was served with a copy of a writ; it is dated the 30th, the warrant was the 23d, the man was tried here once, and was honourably acquitted, and the prosecutor gave a release and spent three pounds, and asked pardon for forswearing himself: I believe the man is very poor, but he is respected: The other was a most wicked prosecution, and it was proved perjury.

- BREWMAN sworn.

I live near Winchmore-hill; I have known the prisoner twenty years; I know nothing of him but honesty, he is a very hard working man, he keeps a team and makes the best shift he can to maintain his family.

Council for Prosecution. Did you ever hear of the Prisoner's stealing wood?

Prisoner's Council. That ought not to be asked.

Court. That is an improper question.

Council for the Prosecution to Howison. You are a Marshalsea Court officer, are you not? - No, Sir, I have done with business these nineteen years, I was serjeant at mace after that.

ROBERT GORDON sworn.

I live at Winchmore-hill, less than half a mile from the prisoner, I have known him upwards of twenty years, and have always found him an honest man; I never knew any thing amiss of him; I have done work for him.

NOT GUILTY .

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

Reference Number: t17830910-75

668. JOHN JONES was indicted for feloniously stealing, on the 13th day of June last, five hundred iron brads, value 2 s. 9 d. the property of Jeremiah Smith .

JEREMIAH SMITH sworn.

I lost the iron brads mentioned in the indictment, I had several men at the time, the prisoner was one, I thought them all honest; I found myself robbed daily, at last I resolved to watch; the prisoner came to work at five in the morning, I was up before he came, and secreted myself in a little room by the side of my shop, I had told my apprentice to go to bed when he had let him in, as soon as the prisoner came in, he took down one of the shutters and looked round the shop, on that side next the little room where I was, and took down a half thousand paper of nails, called flooring brads; not having a curtain against the window, I could not watch him so close as I could wish, for fear he should see me, I saw him take them down, but I could not be sure where he put them, I thought he put them in his pocket, and when he went to work I sent him backwards, (we have a long yard from our workshop) while I felt in his coat pocket, but I did not find them there, and I concluded that he had hid them some where about the shop; I examined the shop all over and could find none; I took no further notice that day; the next morning he came to work at the same time, and I watched him in the same manner, I had now hung up a curtain against the window of the little room, and he took down the shutter as before; he went to the same hole, took down another half thousand paper, and put them in his breeches; I saw him do that.

Court. Is not it a large paper? - Yes, it weighs about eight pounds.

What is the value? - About two shillings and six-pence or two shillings and nine-pence, I kept an eye on him that he did not leave the shop, and I sent for an officer and he was committed; he was searched and the brads found upon him.

SAMUEL HARPER sworn.

I am the constable, I took the prisoner, and took the property out of his breeches.

( The property deposed to.)

PRISONER's DEFENCE.

I had no breeches on, I had trowsers on, and they were taken from under my apron by a mistake.

Court to Harper. Were they breeches or trowsers? - I cannot say which, but let them be one or the other I unbottoned them and took them out.

Jury to Prisoner. How long did you work for the prosecutor? - Three quarters of a year, I took the things in a mistake, I never took any thing else out of the shop the whole three quarters of a year.

Court to Smith. What age do you take the prisoner to be? - I suppose he is about fifty-five.

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

GUILTY .

Court. How long has this prisoner been in gaol? - Thirteen or fourteen weeks.

And he has had a very bad fit of illness? - Yes.

Court. This is a very bad offence, but considering those circumstances, let him be privately whipped and discharged .

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

Reference Number: t17830910-76

669. JOHN HYDE was indicted for feloniously stealing, on the 18th day of July last, one cloth coat, value 20 s. the property of Henry Readshaw .

HENRY READSHAW sworn.

I live in Russell-street , I am a Pawnbroker , on Friday the 18th of July, I lost a cloth coat, between two and three o'clock in the afternoon, it was hanging up in the shop for sale, I saw it there a little before: It was pledged the same day at another pawnbroker's; the prisoner had come to my shop several times in the course of the day, and I had a strong suspicion of him, and he came at night again and made an attempt on the window, and then I took him up upon suspicion, and the next day he owned before the magistrate he had stolen it; there is a confession in writing.

JOHN LANE sworn.

I live with Mr. Lane, a pawnbroker, in Holborn, the prisoner brought this coat to our shop the 18th of July, between three and five; I lent him half a guinea upon it, he said, he had just bought it, I did not know him, he pawned it in the name of John Hyde ; the prosecutor came the next day and claimed the coat before the magistrate.

PRISONER's DEFENCE.

I pawned the coat for half a guinea, on the 17th of July; I was coming down Drury-lane, and I met one of my shipmates, he asked me to drink some hot; we went and had three pots of brandy hot and a quartern of rum, he said, he was going to sea again, I said, I was out of work, I worked for Mr. Davis, in Park-lane; he pulled out an outside jacket and put it on; he desired me to pawn his coat, and he would give me a silk handkerchief, and when he went down to enter on board a man of war he would send me the money; I said, if he would sell it I would give him a guinea and a half; Lane knew me from a child, I told him it was my coat and that I had but just bought it, I bought a gilt breast buckle the day before, with five stones in it, of the prosecutor; I happened to stop to make a little water being very much intosticated, and the prosecutor said, I know you have stole my coat; the mots arose and asked me the matter, I told them the whole affair, that I had bought a coat which had been stolen, but that I did not know it; the prosecutor said he would send me to gaol, and the people said break his windows, I did take a handful of mud and bit the window, but did not break it; the people told me to go away, I said, I was innocent; I might have walked away and gone to sea, or to America, where I have been, and nobody would have followed me:

I did not think I should have been tried to day, or else I should have had witnesses and my Captain to appear to my character.

Court to Lane. Do you know the prisoner? - Mr. Lane himself does know him, and has seen him several times, I do not.

Jury. I understood the first evidence said, that the witness had confessed this before a magistrate.

Court. The confession has been searched for, having been reduced into writing, and it cannot be found, therefore you cannot take into your consideration any confession at all.

NOT GUILTY .

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

Reference Number: t17830910-77

670. HENRY GROUTAGE was indicted for feloniously stealing, on the 12th day of August last, three pewter plates, value 1 s. the property of Elizabeth Marlow .

ELIZABETH MARLOW sworn.

I keep the White-horse in Little Britain , the prisoner and another man came into my house about a quarter after nine o'clock, and called for a pint of beer which was drawn them; when they had sat a little while, one of them got up and pushed thro' the house as if he had been used to it for seven years, he asked me for a candle, to go to the yard, I gave him one, I had a suspicion of him, I sent the maid to watch him, he came out of the necessary and shut the light in, and went to the place where the pewter plates were, and took three plates; they were in the yard on a bench, I followed him, before he sat down in the tap room I went up to him and said, what is the matter with you, he said, nothing was the matter with him, I said, if there was not with him, there was with me, for that he had got some thing belonging to me, he said, if he had got any thing it was there, and pulling off his coat he shuffled them under the bench where he sat.

Did you see him do this? - Yes, Sir, certainly.

Prisoner's Council. You say he asked for a candle to go to the necessary? - Yes.

And when he came back he sat down in the same place he did before? - Yes.

Then he pulled off his coat to convince you he had nothing? - He said, if he had any thing it was there.

When he pulled off his coat, did you perceive any thing under his coat? - He told Alderman Sainsbury, he took it to get some victuals from a cook's shop.

Court. Did you hear the plates tumble? Yes, I heard them tumble one by one, but I could not see from where.

Was there any body in the box besides? - Nobody but ourselves.

ELIZABETH BROOKS sworn.

I am servant to the last witness, my mistress says to me when I came in, give an eye, for there is a strange man gone into the yard, says I, madam, if you please, I will go and hide myself in the coal-hole; I immediately went there and hid myself, that is close by the vault door; I stood in the place about a minute, this man came out of the vault, he shut the vault door and left the candle in, and went to the shelf and took these three pewter plates, and put them inside of his coat, he went into the vault again took the candle, and came out; I followed him in as far as the bar, says I, madam, this man has got something belonging to you, and she said, she believed so, and she sent me for the constable.

Prisoner's Council. There was another man there? - Yes, Sir.

He was an acquaintance of yours? - No, Sir.

You hid yourself in the coal-hole? - Yes.

Was not you in the dark? - No, Sir, I saw the light of the kitchen window; I saw him come out of the vault and take these three plates.

You did not tell your mistress he had got plates? - I was sure they were plates, I said in my fright this man has got something.

Had not the other man been backwards? - Yes, he got nothing.

How do you know? - We watched him.

WILLIAM CHIDWICK sworn.

I live in Red-cross-square, near Aldersgate-street, I am a cabinet-maker and constable: I was sent for about half after nine on the 12th of August, to take charge of that man and another, the prisoner owned to me he took these three plates out of the yard with intent to go to get some beef stakes.

Court. What did you say to induce him to own that? - I said, perhaps he might find some lenity, but I could not tell.

Did you say to him that it would be better for him? - I did not say any thing to him particular, I took him to the Compter; we went before Alderman Sainsbury, and he owned there before the Alderman that he took these plates, because he was hungry to go to the cook's, and get him some cook's victuals.

Prisoner's Council. How came he to tell you he had taken the plates? - He said, he wanted some victuals, he said, he had none all day.

Court to Prosecutrix. Did this man ever frequent your house before? - I never saw him before that I know off.

Jury. After his coat was taken off were the plates found under him? - Yes, on the place where he sat.

PRISONER's DEFENCE.

I know nothing of the plates, nor I never saw them till I had pulled off my coat, and she said, I had some plates.

The prisoner called one witness to his character.

GUILTY .

To be privately whipped and discharged .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-78

671. JAMES WALDBOURN was indicted for feloniously stealing, on the 21st day of August last, one linen handkerchief, value 12 d. the property of Thomas Speed .

THOMAS SPEED sworn.

I lost a linen handkerchief the 21st of August, value one shilling, just on this side Temple Bar , I was coming through the Bar a little after six, and I thought I felt something at my pocket, I immediately put my hand into my pocket and found I had lost my handkerchief, I turned round and saw the prisoner go across the way, and I stopped some little time doubting whether he had it or not, for I did not see it in his possession then, and a gentleman who followed me, and saw him do it, immediately stopped him: The prisoner dropped the handkerchief, and I went immediately and picked it up, there was a coach passing at the time, which prevented me taking it up directly.

- MARTIN sworn.

I was going through Temple Bar, and Mr. Speed was coming towards Fleet-street, and I saw the prisoner with his right hand take Mr. Speed's handkerchief out of his pocket, and he crossed from the pavement, and I caught hold of his coat, and a coach was going past, and he almost got under the wheel: I brought him back, and he dropped the handkerchief immediately, Mr. Speed took up the handkerchief, which the prisoner dropped, for he had no pocket: The prisoner was taken into a shop.

Prisoner. I have nothing to say.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17830910-79

672. JANE HOLLAND and SARAH EDGERS were indicted for feloniously stealing, on the 23d day of August last, six yards and a half of camblet, value 6 s. the property of John Kirkby , privily in his shop .

JOSEPH MAUD sworn.

I live with Mr. Kirkby, I missed this camblet on the 23d of August, between four

and five in the afternoon, the prisoner came into the shop under pretence of buying a camblet gown, and after looking at a great many they bought a gown and lining; I was at another part of the shop, another shopman served them; whilst he was putting it up, I observed Holland go out before the gown was put up, I suspected she had got something, and I immediately went out and followed her, and took from her this piece of camblet, six yards and a half, which she had concealed under her apron; I can swear to its being Mr. Kirkby's property, it is the only piece we had of the colour standing in the window: I heard the prisoners converse together, they came in together.

Prisoner Holland. Did not I leave my camblet that I bought, on the compter, instead of that I took away? - She left the other person to bring the gown away.

PRISONER HOLLAND's DEFENCE.

A relation came home from sea, and gave me a half-a-guinea to go and buy a gown immediately, and as I laid that out, he said, he would give me a trifle more; and I asked Sarah Edgers to go with me: I had drank a deal of liquor with my cousin, I left my own gown on the compter, I thought that I took was what I had bought, and I should have taken it to the mantua-makers.

PRISONER EDGER's DEFENCE.

While I was waiting for the change this body was brought back: I scrupled the sixpence and he had never another, and he gave me halfpence, and I looked them over, then they brought her back.

Jury. Where had the piece been that you found on the woman, on the compter or in the window? - On the compter.

JANE HOLLAND , SARAH EDGERS ,

NOT GUILTY .

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

Reference Number: t17830910-80

673. ELIZABETH SMITH and SOPHIA CLARKE were indicted for feloniously stealing, on the 9th day of August last, ninety muslin handkerchiefs, value 15 l. the property of Daniel Golden , privily in his shop .

JOHN GOLDEN sworn.

I live at No. 178 in the Strand with my father, he keeps a linen-draper's shop , on the 9th of August, the prisoners both came into the shop, and bought a quarter of a yard and a nail of lawn price sixpence halfpenny, three yards of bordering at eightpence per yard, two shillings, one handkerchief one shilling, three of bordering, fourpence, they then wanted to look at some lawn of which they bought two nails, and while the prisoner Smith was buying the two nails of lawn, the other was concealing this piece of muslin.

Court. Did you see her concealing it? - No, I did not.

Then how do you know that she was concealing it? - When I went to get the change I missed the bundle off the stool, I did not see her in the act of concealing it, Smith stood by Clarke, so that I could not see her: I immediately jumped over the compter and charged the prisoner Clarke with it; they were neither of them then out of the house: It was neither on the stool nor on the ground, when I charged her with it, but she immediately dropped it somewhere from her person; I sent for a constable and took them up.

(The muslin produced and deposed to; the value 15 l. at least.)

Where was the bundle when you jumped over the compter? - It was concealed upon her.

The bundle is large, how could she conceal it? - She did conceal it, I cannot tell how, she had a long cloak on, I took particular notice, having a suspicion of her.

Prisoner's Council. How did the stool stand? - On the outside of the compter, there is a partition on each side, it stands in a place which just holds it.

Were these women standing near the stool all the time they were employed in the shop, or did they move from one compter

to the other? - They moved from one place to another, there were two compters in the shop.

Were they first at the compter where the stool was at first? - Yes, and then I took them to another part of the shop, till I had an opportunity to count the bundles, and see what they were.

Did you see the bundle when they came into the shop on the stool? - Yes.

PRISONER SMITH's DEFENCE.

I am by trade a mantua-maker , I made a gown for Mrs. Clarke, and she desired me to go with her to buy a bit of bordering for the gown, I did so, I saw her touch nothing, the bundle was within a little distance of the stool, and the gentleman picked it up.

Prisoner Clarke. I leave my defence to my council.

The prisoner Clarke called two, and the prisoner Smith three witnesses, who gave them a good character.

ELIZABETH SMITH , SOPHIA CLARKE ,

GUILTY Of stealing but not privily .

To be each fined 1 s. and imprisoned one year in Newgate .

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

Reference Number: t17830910-81

675. THOMAS BURGE was indicted for feloniously stealing on the 6th day of August last, one large canvas bag, value 12 d. two cloth coats, value 40 s. one cloth waistcoat, value 5 s. one pair of cloth breeches, value 5 s. one linen shirt, value 5 s. and one walking stick, value 6 d. the property of William Upham .

WILLIAM UPHAM sworn.

I live at Brentford, the prisoner is a waggoner , and was coming to the Hay-market, I met him between the hours of eight and nine at night on the 6th of August, between the Hay-market and the White Horse-cellar, I was going down in the country with these clothes, and I asked the prisoner how far he was going, he said to Maidenhead, I said I was going to Brentford, when I came to the White Horse-cellar, the waggon did not come up for some time, and when the waggon came up, I treated him with something to drink, af- that he came out and said, let us have your bundle, I told him I could take the bundle in the waggon myself, he then took hold of the bundle from under my arm, but I had no mistrust that he was going to defraud me of it, after he had taken the bundle away from me I went to get into the waggon where my property was, and he pulled me down by the leg, as I was on the shafts of the waggon, he said I could not ride in the waggon at all, I asked him if my bundle was safe or not, he told me it was in the waggon, and I was contented, and walked by the side of the waggon as he bad me for about four miles on the road, till we came to Turnham-green, and then he took me up, and I rode on the shafts of the waggon till I came to Brentford, when I came to the King's Arms at Old Brentford, I demanded my property of the prisoner, and he told me he would give it me when I came down to the Market-place, when we came there I asked him for my property, he answered me, in the name of God, says he, what did I do with it, I said, my friend it makes no difference to me what you have done with it, you took it from under my arm, and I expect you will produce it; it was then about half past twelve, every body was in bed at Brentford .

Court. Was this a private waggon? - It was James's flying waggon of Bristol,

the prisoner said he knew nothing at all of it, he went to look behind the hay-bag, and shewed me a bit of a cut, about a foot long, and told me somebody had been there, and cut my property out behind the waggon.

Court. Could they have taken it out of that cut? - No, Sir, they could not, it was not above a foot long, and my bundle was a yard long, and there was a stick that went through it, which never could be taken out of that cut; then I followed him to Smallbury Green turnpike, there they watered their horses at the Castle, and I offered the waggoner a shilling and a pot of beer if he would let me and another man go into the waggon, and search for my property, he damned me very much, and said he would not, he said, how could I think my property was in the waggon, when he put it in the hay bag behind, I then insisted on following the waggon, I followed them over Hounslow Heath, and the guard that was with the waggon had a blunderbuss, he said, if you do not get away from the waggon I will put a pill in you, upon which I was frightened, I then walked on as far as Colebrook, by this time it might be about four o'clock in the morning, I then knocked up a constable, he asked me my business, I told him I had been defrauded of my property, and desired him to come down and take the waggoner into custody, says he, my friend, I can do nothing in it, it is in the county of Buckingham; I went to a public house and had a pint of beer, and the prisoner came up, says he, damn you, what do you charge me with taking your property, I said yes; on Saturday I came to London and told the gentlemen belonging to the Three Cups in Bread-street of it, they then told me he should go before the Justice; I took the waggoner and the guard before Alderman Boydell in the city, (the prisoner was then come back, he goes no further than Maidenhead) the Alderman examined him, and he owned that he took the property away from me, and put it into the hay-bag behind the waggon, and the Alderman told him, says he, my friend that was not a proper place, as you took this man's property from him, that was not a proper place to put it in, you ought to have put it into the waggon, and he told him to appear before him when the waggon came there again, and bring my property, or make me some restitution for it, I was then contented, thinking I might get my property again, I came up to town the Saturday following, and went before the sitting Alderman at Guildhall, the man never appeared at all, I told the Alderman the story, and they told me to go to some Justice of that county, and take out a warrant, and bring it to them and they would back it, I went to the Rotation office and got a warrant, and the Alderman backed it, I took a constable to the Three Cups in Bread-street, when we came there we shewed the warrant to the bookkeeper, I took the warrant from him and finding I could not take him, I gave it to Mr. Lowes belonging to Isleworth parish, and he took him on the Sunday night as he was watering his horses, I do not know the day of the month, I never got my things, he is the man that took my things away from me, and he has defrauded me of it I do assure you; I am a poor man, he has distressed me to the lowest degree in life.

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

Reference Number: t17830910-81

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.

Reference Number: t17830910-81

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 10th of SEPTEMBER, 1783, and the following Days;

Being the SEVENTH 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 VII. PART VII.

LONDON:

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

MDCCLXXXIII.

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of Thomas Burge .

Prisoner's Council. What are you? - A journeyman taylor by trade.

Where do you live? - At Isleworth and sometimes at Brentford, I lived at the sign of the Man in the Moon in the market place at Brentford.

You say this was on the 6th of August last? - Yes, when the man took my property.

It was about eight or nine o'clock that you met with this man? - Yes.

What did you say at that time? - I have told you.

But we must have a little more from you? - I asked him how far he was going, he told me to Maidenhead; I told him I was going to Brentford, and I asked him what I should give him to go to Brentford, he told me to go on to the White Horse cellar, and he would take me up there.

Did not he tell you he could not take you any part of the road? - He never told me any such thing, I went to the White Horse cellar, and there I staid till he came up.

You say, you offered to give him a bundle? - I never offered any such thing, he said, let me have your bundle.

What did he do with it? - He took the bundle from under my arm to put it into the waggon.

Did not you go with him and see it? - No, I did not, nor never saw what he had done with it.

Was there nobody with the waggon, or about the waggon? - There was people about, there was people going in the waggons, there were people doing business about the waggon.

Were there any passengers in the waggon, as you went to Smallbury Green? - Yes, there were.

And there was a guard? - Yes.

At Brentford you asked for your bundle? - Yes.

Did not you, at that time, make a demand of money of him? - No, as I hope for mercy.

Did you at no time make a demand of any money from him? - Never in my life, as I hope I may see the face of Almighty God, I never did.

How came you to go before Mr. Alderman Boydell? - To examine him.

Had you any warrant? - No.

Any summons? - No.

What was the reason of your going there? - I was willing to have him before the Justice to examine him.

And he was willing to go with you? - Yes, he went.

Was there nothing said, that if you and the guard will go before a magistrate and swear you know nothing of the bundle there should be an end of it? - Nothing at all about making an end of it.

When you went before Alderman Boydell, did not you say, if you will go before a magistrate and swear that you know nothing of the bundle there shall be an end of the matter? - I do not remember it, I offered to pay for the oath if they would go.

How came you to pay for it? - The man took the oath before the alderman.

What were they sworn for? - I do not know, the alderman put the book in their hands and they said they would swear.

Then you swore nothing? - Nothing till they swore they knew nothing at all about the property.

Did not you say that if they would take their oaths before some magistrate there should be an end of the matter? - No, I never did, they insisted upon taking the oaths themselves.

And you paid for that oath? - No, I did not, I offered to pay for it; I got a warrant against this man before a city magistrate.

Did you take a warrant out from a magistrate in the city? - I did not.

What Justice did you go before? - At the Rotation Office.

What became of that warrant afterwards? - I took it down in the country, and this man served it of a Sunday night, about half past eleven o'clock.

Then before that warrant was executed on the prisoner, did nothing pass between you and the prisoner with respect to any payment of money? - No, Sir, there was never any money mentioned.

Not two guineas? - No, nor one guinea, nor half a guinea, he never made any proposals, I only wanted my property.

Do you know the name of the guard to this flying waggon? - I do not, I saw him that night, I know him by sight, he said he would put a pill in me.

Had he any gun or any thing of that kind? - It was dark.

You never offered at any time if the man would pay you two guineas you would put an end to it; will you swear that? - I will swear, Sir, I never made any such agreement, nor the thing never was proposed either of his or my side since I lost my property.

Nor you did not promise that if they would go before the magistrate, the prisoner and the guard, and take their oaths that they knew nothing of this bundle, that there should be an end of the matter? - As for saying that, I do not remember any thing about it, I might say such a thing, but I do not remember any thing at all about it, to the best of my knowledge I never said so.

THOMAS DREW sworn.

After this man served the warrant, the young man came to me to desire me to go along with him on Monday morning, accordingly I went to Smallbury turnpike, that was when he was taken up, this gentleman had got the prisoner at that time, and he took him to Twickenham before a bench of Justices; we were drinking two pots of beer and I moved a word, says I, have you got this property, yes, says he, I have, I took it from him in Piccadilly, then he was taken before the bench of Justices, and he was committed, and I was bound with this man to prosecute, that is all I know.

Prisoner's Council. He said he took the property from him in Piccadilly, what did you understand by that, or what do you mean should be understood by it? - He did not say where he put it, he said he had the property from this man, and he had put it into the hay bag.

Why did not you say that before; have you known that man any time? - Never, I have no acquaintance with either of them.

Who was the bail before the magistrate? - Mr. Lewis and this gentleman belonging to the Castle.

Was any body present when this conversation passed? - This man was drinking with me, and that man was sitting on the other side of the house.

PRISONER's DEFENCE.

I met with this man just by St. James's Church, he asked me what waggon it was,

and I told him it was the Bath waggon, says I, are you going to Bath, he said, no, to Brentford, says he, can you give me a lift, he asked me once or twice and I denied him, as he was at the White Horse cellar I denied him twice or three times, he said, put my bundle up for me, I said, I will have nothing to do with you nor your bundle, he said, put it any where, says I, you must mind him, I shall take no charge of him; he walked by the tail of the waggon till we came to the King's Arms at Brentford, says he, I will take my bundle out, then I said, I would take it out; I went to the tail of the waggon and he with me, says I, you have got your bundle have not you, it is not here, says he, if you have lost it you shall pay for it, I said I should not I had taken no charge of it, I asked him the worth of the bundle, says he, I have two new suits of cloaths, a silk waistcoat, a pair of breeches, and a shirt; says I, you must be a very bad man to say so, your bundle was not bigger than my hat; says he, thee wilt not pay me for the bundle wont thee, I said, no; says he, thee art not the first man I have swindled, and I will swindle thee before I have done with thee; then when we came to Smallbury-green he offered to take two guineas, and on Hounslow-heath he offered to get upon the waggon.

ABRAHAM PALMER sworn.

I have been guard to the waggon four years, I go constantly, I was with it on the 6th of August last, I was at the White Horse cellar when the prosecutor came, when he came there he offered the waggoner the bundle and wanted to ride to Brentford in the waggon, which he denied him, and said he had no room for him; he then said, could he put his bundle any where, says he, put it some where, and he went to the tail of the waggon, and the waggoner said, you may put it in here if you will, in the tuck, in the hay bag, behind the waggon, which he did and he skewered it up, and he asked the prisoner if it was safe there, and the prisoner said he could not tell, he might mind it himself as he was going to walk; then he asked the waggoner to have something to drink, which he denied, at last he said, if he drank any thing it should be a glass of gin; they went in and came out, and the waggon went off, the prosecutor walked sometimes behind and sometimes of the side till we came to Hide Park Corner, the other side the turnpike, then the waggoner got into the waggon, as he said he was tired, and I got upon the nagg, and I drove the waggon all the way to Brentford.

Court. Where was the prosecutor all this time? - He was walking behind the waggon or of one side of it, he got on the shafts sometimes, I cannot tell, there was another man walked by the side of me to Smallbury-green, when we came to the King's Arms at Brentford, he said, I will have my things out, then he said, no, I will not, I will let them abide till I come to the market house, then he said, I will have my bundle out, he said, I will take it out, it is here you put it, so then he went round, and there was a hole in the tuck, whether he took it out himself, or who took it out I cannot say, I never saw the bundle after it was put in, when we came to Brentford, he said, the waggoner should find his bundle, he said, he would make him find it, the waggoner said, he could not, then he said, he would follow him to Colebrook and have him taken up, when we came to Smallbury-green, I got into the waggon, and the waggoner drove, and when he left the waggon I do not know, but it was somewhere on the heath, he was at Colebrook when we came there; I had no conversation with the prosecutor at all after I came from Smallbury-green, I saw the prosecutor afterwards, the next Saturday he came to our inn at the Three Cups, in Bread-street, then he said, if we would go to any Justice any where and be upon our oaths, only just go and swear that we had never seen the bundle since it was put into the tuck, he would think no more of it, and we said we would.

Did he make that proposal to you? - Yes, he did, and there is another witness or two

that heard him, we went to Alderman Boydell.

Did you take your oath to that purpose? - We did.

Who paid for that oath? - I do not think he took any thing.

That was at the prosecutor's request? - Yes.

And he was with you? - Yes.

Was any thing said before you went, about any money? - No, nothing, since the night he came to Smallbury-green to take the waggoner up; he came to the waggoner before he served him with the warrant, and asked him if he would make it up for two guineas, the waggoner said, no, he asked him if he would make it up for a guinea and a half, the waggoner said, no, and then he took him up directly, that hindered the waggon from going an hour and a half, and I was obliged to drive it afterwards.

Jury. Did you see the bundle? - Yes.

How big was it? - Not so big as a hat.

Was there a stick in it? - There was, as if carried on a shoulder.

Did you see the hole that was cut? - I do not know whether it was cut, or whether it was tore, it was large enough to be taken out, but I do think it could fall out.

SARAH COYN sworn.

I live in London, I was at Smallbury-green for nine weeks, I was standing at the door of the Castle the night the warrant was executed, the prosecutor came to the prisoner by the side of the waggon, and asked him what he intended to do in this affair, whether he would make it up or no, and if he would give him a couple of guineas it should be over, he said he would give him nothing, says he, will you give me a guinea and an half and it shall be over, the prisoner would not give him any thing, the plaintiff then said, he would bone him; the prisoner went in to refresh himself, and the prosecutor followed him in.

WILLIAM PROCTOR sworn.

I know nothing further than going along with a particular acquaintance of mine, Mr. Harvey, I called about six weeks ago on a Saturday afternoon, and he had got the prosecutor, he thought he was ill-used, he asked me to go with him to the Three Cups in Bread-street, they were arguing the case, and the prosecutor said, if they would go and take their oaths that he would be satisfied, I accordingly said, I know Alderman Boydell exceedingly well, suppose we go to him, we went, the Alderman was at home, they made their affidavits and we came away, I was present at the time.

You went at the desire of the prosecutor? - I did, I said before the Alderman, says I, Mr. Boydell you know me very well, I come on behalf of this man, though at the same time I thought the men were as innocent as myself, and I really think so now upon my honour.

THOMAS GEE sworn.

I am book-keeper at the inn, when the man came to complain of the loss of his bundle, I said, I had nothing to do with it, you must seek to the waggoner, I went in along with them at last, he said if you will go and make oath before any Justice of Peace, I shall be satisfied, and they went, I have known the prisoner this eight years, and I believe him to be as honest a man as ever was born.

Is driving that waggon a place of trust and confidence? - Yes, five thousand pounds at a time in a week.

WILLIAM HARVEY sworn.

About five weeks ago the prosecutor came down to Essex-street where I live, to enquire for an attorney, that he had lost some cloaths that he had given to the Bath waggon.

Court. How came the prosecutor to apply to you? - He came to the house to enquire for an attorney, and I happened to be in the house where he came to, I went down to the book-keeper with him, and the prosecutor said he should be satisfied if they went before an Alderman and took their oath, I did not go with them.

Court to prosecutor. What is the value of

these things? - The value of the whole is about forty shillings.

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

NOT GUILTY .

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

Reference Number: t17830910-82

676. BARNARD DOLING was indicted for feloniously stealing on the 28th day of July last, one shag waistcoat, value 8 s. the property of Edward Everiss .

NOT GUILTY .

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

Reference Number: t17830910-83

677. ELIZABETH WILSON was indicted for feloniously stealing on the 29th day of August last, thirteen guineas , the property of Michael Murphy .

NOT GUILTY .

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

Reference Number: t17830910-84

678. GEORGE WILKINSON was indicted for feloniously stealing on the 7th day of August last, one pair of white Marseilles quilted breeches, value 6 s. the property of Isabella Kent .

ISABELLA KENT sworn.

I missed the breeches on the 7th of August last, at half past five in the afternoon, I saw the breeches in the prisoner's pocket.

Court. Did he live in the same house? - No, I never saw him before in my life, I overtook him by Mr. Dickinson's brewhouse.

How came you to suspect him? - I saw them in his pocket.

Did you see him take them? - No, I said he had more in his pocket than was his own, he said, damn you, you old bitch, what is that to you, he run away, and I cried stop thief, he was taken in about a quarter of an hour.

Court. Was he in your sight all the time? - Yes, he took them from under his arm, and threw them into a ditch, and stamped upon them, about two minutes before he was taken.

Prisoner's Council. Was you present when the breeches were thrown into the ditch? - No.

Who does the breeches belong to? - Me, I had just washed them, they were hanging out to dry.

Who did you wash them for? - A young boy in the country.

Where were they hanging? - On the pales before my door.

Did you see them taken away? - I saw them in his pocket as he was going out of the Crown and Woolpack yard, I am satisfied these are the breeches I washed, there is the hole behind.

GEORGE LINLEY sworn.

I am a taylor, I live in Gray's-inn-passage, Red Lion-square, I happened to go up to Islington to the Crown and Woolpack upon business, and I saw the prisoner and another there, the prisoner beckoned to the other young man, the prisoner went first, and the other after him, he went across a gate, and there was a young child setting up the skittles, and this woman came crying out, for God's sake, I am ruined, I have lost my breeches, I did not see him take them, I said one of the young men must have them, she followed him and said he had got more than belonged to him, he damned her, and said, what is this to you, I saw him drop them in the ditch as I followed him, and he stamped upon them in the mud twice; a brewer's servant took him, and I picked up the breeches, they were in my possession till they were taken to the Justice's, from the 7th to the 9th of August.

- Harris a drayman confirmed the above account.

PRISONER's DEFENCE.

I was at the Woolpack, but I never saw the breeches.

The prisoner called two witnesses to his character.

GUILTY .

Transported for seven years .

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

Reference Number: t17830910-85

679. MAJOR PARTRIDGE was indicted for feloniously stealing on the 15th day of August last, one linen handkerchief value 12 d. the property of William Blizzard .

GUILTY .

To be whipped and discharged .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-86

680. JOHN BROWN was indicted for feloniously stealing on the 21st day of August last, one tortoise-shell snuff-box, value 5 d. the property of George Stow .

GEORGE STOW sworn.

I was at the bank the 21st of August, between twelve and one o'clock, and one of the witnesses held up this snuff-box, and asked who owned it, I said, it was mine, and he gave it me.

RICHARD FAIRCLOTH sworn.

I took the snuff-box off the ground, I did not see it drop.

JOHN ELLIOTT sworn.

On the 21st of August, a broker in the bank came and said several of them had lost their handkerchiefs, and seemed to cast his eye on the prisoner; Mr. Stow came forward and owned the box: I saw the box fall from the prisoner's hand, which Mr. Stow owned; that very box.

WILLIAM FRANCIS ELD sworn.

On the 21st of August, I was standing in the market-place of the bank, and the prisoner was seized, and I immediately looked and saw him drop a snuff box: It had the appearance of this box, but I am not sure to the box; it was the box that Mr. Faircloth picked up.

PRISONER's DEFENCE.

I was taken prisoner in the bank, and was kicked and abused there, I have no witnesses, I do not know any of them, and therefore I cannot call them to witness; I worked for a nursery-man at Barnet.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-87

681. THOMAS COOKE was indicted for feloniously stealing, on the 21st day of August last, one linen gown, value 5 s. two linen shifts, value 6 s. one marseilles petticoat, value 3 s. two linen aprons, value 2 s. one pair of cotton stockings, value 1 d. two linen caps, value 1 d. the property of Hannah Watson , spinster , and three linen aprons, value 3 s. the property of Joseph Sibley .

JOSEPH SIBLEY sworn.

On Saturday, the 23d of August, these things were missed.

HANNAH WATSON sworn.

I am a servant , on the 23d of August, about a quarter before twelve at noon, I lost the things mentioned in the indictment to be my property; I went out to fetch a pail of water, and not knowing of staying any time I left the door a jar; I went to the opposite house facing the door up a yard, I returned in the course of ten minutes, when I had set the pail under the cistern to fill, I came to the hatch knowing I had not fastened it, then I saw a man walk to and fro and come up to the door; he looked in at the window, and walked to the next door, came back and made a full stop at the door, I was going to ask him what he wanted, and I saw the prisoner come out of the house, I immediately run over to him, and I saw something under his arm, which I knew to be mine, I cried out stop thief! I

attempted to lay hold of him but was not quite near enough, he turned round and threw the things at my head. I am positive to the prisoner

(Part of the things deposed to by Hannah Watson .)

PRISONER's DEFENCE.

I am not the person she takes me to be, none of my friends are here to day, I was going over the water to see for a little business, and I was coming by at the same time that this was done, and they stopped me and said I was the person, I know myself to be innocent.

GEORGE CLACK sworn.

On the 23d of August last, about a quarter before twelve o'clock Hannah Watson came over to where I work for a pail of water, and she was going out of doors, and I heard her call to somebody, and say, what business have you there, and I then heard her cry, stop thief! and I ran out and I saw the prisoner running away, and I ran after him and laid hold of him, and brought him back; he might be twenty or thirty yards from the house when I first saw him: Hannah Watson instantly recollected him when I brought him back.

GUILTY .

Transported for seven years .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-88

682. THOMAS JOY was indicted for feloniously stealing, on the 1st day of September last, one shovel with a wooden handle, value 12 d. the property of Peter Kennedy .

GUILTY .

Whipped and discharged .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-89

683. SARAH HALSEY was indicted for that she on the 17th of August last, between the hours of six and seven in the afternoon, with force and arms, the dwelling house of William Jones , did break and enter, no person therein then being, and one pair of sheets, value 5 s. one silk cloak, value 5 s. one pair of cotton stockings, value 2 s. one linen apron, value 6 d. the property of the said William Jones , then and there being feloniously did steal, take and carry away .

WILLIAM JONES sworn.

I live on Peter's Hill, Doctor's Commons , my house was broke open the 17th of August, between six and seven in the evening, I had been gone out a couple of hours, but my wife not so long: I left my wife in the house.

MARY JONES sworn.

I went out about five in the afternoon, I am positive I fastened all the doors before I went out.

Whose is the house? - The house is let out into tenements, it belongs to one Mr. King, a bricklayer.

He does not live in the house? - No, I came home between six and seven, and I found my door open, and I missed the things mentioned in the indictment.

Court. What is the value of all those things? - I did not value them, I found the prisoner in my room with the things in her apron.

Did you find any key upon her? - The constable found nineteen.

Prisoner. They swear against me very wrongfully.

SARAH MASON sworn.

I lodge in the same house, the prisoner dropt the things.

JOHN MEARS sworn.

I am a constable, I was sent for by Mr. Jones; I searched the prisoner; I found a parcel of keys; nineteen keys of different sorts, and a carpenter's chissel, and a clasp knife in one pocket; I tried one of the keys on that door and it fitted.

Prisoner. I work hard for my bread, and have two poor children.

Court to Jury. When a house is let out in tenements, then the apartment of each individual, is considered as his house, and the opening by a picklock key, is as much breaking as any other way: If you think by possibility the prosecutor's wife might have forgot and left her door open, you may acquit her of the capital part of the charge, and find her guilty of the larceny.

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

Imprisoned three months in Newgate .

Tried by the London Jury before Mr. Justice ASHURST.

Reference Number: t17830910-90

684. JAMES BALDOCK was indicted for feloniously stealing, on the 23d day of August last, one printed cotton gown, value 5 s. the property of Mary Hutchinson .

GUILTY .

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

Reference Number: t17830910-91

685. JOHN FIELD was indicted for that he on the 28th day of July last, in the King's highway, upon Edward Lee , in the peace of God and our Lord the King, then and there being, did make an assault, and in a forcible and violent manner unlawfully did demand his money, with felonious intent his money and goods feloniously to steal against the statute.

EDWARD LEE sworn.

I am a labouring man , I live in Pinner, I was stopt on the 28th of July after six o'clock at night, between Harrow and Pinner , I was on foot and alone, I was stopped by the prisoner, he was alone when he stopped me.

What had he in his hand? - Nothing at all.

What did he say to you? - He collared me and demanded my money, I said, if he was a better man than me he must have it, we fought, and were up and down eight or nine times, and I got the better of him, and I was going to tie his hands behind him, and two men jumped out of a pit of water; when I saw them men come up, I took to my heels and run to Harrow, so I let him go.

Had you ever seen him before? - No.

Are you sure he was the man? - Yes, it was six o'clock in July, he was taken up on the Wednesday following, this was on Monday.

Was he taken by your description of him? - I helped to take him, we took him at Pinner.

For the Prisoner.

JOHN PUTTENHAM sworn.

The prisoner had been with me about two years and an half, I am a wheelright, he is my apprentice , he is a sober honest boy, I have entrusted him with notes and bills, and he always brought the money to me, if he was at liberty I should be glad to have him again; I lent him to my brother to serve him, he was not with me at the time of the robbery; he had been to town that day for my brother.

Court to Prosecutor. Was the prisoner sober at the time he attacked you? - No, he did not seem sober.

JAMES PUTTENHAM sworn.

I am a brother to the last witness, I believe the prisoner to be a very honest lad, he at different times has worked for me, my brother being at leisure; I have sometimes sent him with money, sometimes without, he always brought a very just account; I have had him as a labourer to attend me at the tops of houses and in water closets, especially at Mr. Ord's at Sunbury, where we have had the full range of the house, and there is not one thing missing; I really believe him to be an honest lad; that very day I sent him to buy some articles for me, he could not get the things, when he returned I was not at home, and he left the money with my wife, and went from Harrow to Pinner, he appeared then very much in liquor, and afterwards I went and saw the prosecutor at

the Red Lyon, and he appeared very much in liquor.

NOT GUILTY .

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

Reference Number: t17830910-92

686. EDWARD JOHNSON was indicted for feloniously stealing, on the 20th day of July last, four wood knife cases, value 4 s. thirteen dressing cases, value 13 s. and two wooden tea caddies, value 2 s. the property of William Flight .

WILLIAM FLIGHT sworn.

I live in the Strand ; I missed the articles in the indictment; we were out of town for a month, I know nothing of my own knowledge; I saw a case of mine at a broker's in Drury-lane, I asked the price of it, and he asked me twenty-seven shillings; it sells in the trade for two pounds eighteen shillings; it was brought to be altered; my man knew who it belonged to; I saw also eleven razor cases and an inkstand, and two tea caddies, besices four knife cases; there were nineteen in the whole; the value of all these things together were near fifteen pounds, to sell to the trade; we worked for the trade only.

Prisoner's Council. Did you at any time express any doubts about knowing these articles? - No, Sir.

(The articles deposed to.)

JOHN PAUL sworn.

I am a broker, and sell houshold furniture and other commodities, the prisoner brought these articles to me, he appeared a young man just come from Birmingham upon his own and his father's account, he said, he worked for his father, and that his father and him were case-makers; he wanted me to employ him, and give him materials to make a dozen cases; I bought these of him, as he told me his father lived at Beasonsfield, and his brother was a case maker, and that they were made by the family; I bought them of him, I gave him nine pounds for them, some of the things I never had seen before in my life, and I did not know the real value; we in the brokery buy things in different branches, he was obliged to shew me the way to open the brushes; I asked him the price of the brushes at Birmingham, where he told me they were made, and my wife who went to school at Birmingham said, the children there are put early to work, he told me they would ask me three shillings and sixpence but I might get them for three shillings.

Prisoner's Council. Did you ever see this young man before? - I did not.

Prosecutor. I do not know, my Lord, whether the prisoner took them or not, for there is a pane of glass broke and any body might get in, but my apprentices must be privy to it.

Prisoner's Council. Have not you frequently lost cases before? - I lost two before he came to town, his father has worked for me almost eighteen years, and he worked for me at that time, the prisoner was apprentice to his father.

Court. Had you any reason to distrust the father before at any time? - No.

PRISONER's DEFENCE.

I had these things from Beaconsfield and Birmingham, which my father, and me, and my brother, made at odd times, and laid them by, and I sold them to Mr. Paul.

Prisoner's Council to Prosecutor. How did the young man behave? - As far as I know, very well.

The Prisoner called two Witnesses who gave him a good character.

Prisoner's Council to Prosecutor. As this young man and his father have worked for you, I presume you could not well distinguish the cases made by them on their own account, from the cases made for you? - Not if the wood is alike.

And it is very possible that the same market is open to them to buy wood as that is open to you, so far at least as their work is concerned? - I am more likely to know them by the finishing part, and I know these by the wood and the work of the inside, I

know they are the property of me and Benjamin Flight .

Court. Why, have you a partner? - Yes, Benjamin Flight .

Court. There is no such name mentioned in the indictment, then there is an end of it at once.

NOT GUILTY .

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

Court to Prisoner. You probably owe your escape from this charge to the error in the indictment, the property not being laid there as it turns out in the evidence; and you owe much to the lenity and candor of your prosecutor in giving his evidence; however, there is too much reason to suppose that you are badly connected, you will therefore take warning by your escape for the future, and not fall under any of these suspicious circumstances again.

Court to the Prisoner's Father. You owe much to the candor and humanity of your son's prosecutor, and I am afraid your son has escaped by the error in the indictment rather than the merits of the case, the proof was very strong, and it behoves you to keep your son out of these practices for the future.

Court to Paul. I think you can have no doubt whose property these are, I therefore hope you will not be instrumental in preventing this man from recovering his right.

Reference Number: t17830910-93

687. ELIZABETH OWEN was indicted for feloniously stealing on the 23d day of July last, one looking-glass, value 14 s. the property of Thomas Ealand .

GUILTY .

To be whipped and discharged .

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

Reference Number: t17830910-94

688. JAMES PENNY was indicted for feloniously stealing on the 23d day of August last, 160 pounds weight of lead, value 20 s. belonging to William Pultney , Esq ; and WILLIAM BRODERICK was indicted for feloniously receiving the same, well knowing it to have been stolen .

SAMUEL PEPYS COCKERELL sworn.

On the 23d day of August last, I went with one of the witnesses to an old rag and iron shop in Shepherd's-market, near May-fair, the witness Davis keeps the shop, and I there found three pieces of lead which appeared to have been taken from a gutter, I had the lead taken away immediately and carried to the building that was robbed of the lead, and laid on the gutter from whence it had been taken, it corresponded exactly, and was also nailed down upon the building, and there were nail-holes answerable to the rusty nails which remained on the building when we fitted it down, I think it is impossible it could have come from any where else, the lead had been there probably forty or fifty years, and had taken the impression in the boards, from having laid there so long, and the nail-holes answering were a clear proof that they had come from that gutter, it is a building now used as a workshop, it is the freehold of William Pultney , Esq; the prisoner Broderick declared it had been brought to him.

Court. What means were taken to procure that declaration, were there any intimations that if he would confess, it would be better for him? - No.

Or that if he would not confess, it would be worse for him? - I told him it was incumbent on him to give an account of it.

Why? - For no reason in the world.

No threat or promise? - No, I do not recollect I did, he said it had been brought to him the night before by a boy whom they called Dust, he could not recollect what he gave for it, I believe by his account of it, he gave about eleven shillings for it, at first he said he had given a penny a pound which was the price he gave for old lead.

What does old lead generally sell for a pound? - I do not know, I believe it is worth three halfpence.

Prisoner Broderick's Council. This man is a tenant of Mr. Pultney's? - Yes.

He is a young man just set up in business? - About three months.

You enquired his character before the house was let to him? - He was recommended to me by the preceding tenant, who always paid his rent very regularly, and I accepted of him as a tenant.

And the general character that he bore from other people was that of an honest young man? - It had been told me that he was so.

Had you any reason to doubt of the fairness of his account? - He hesitated about the quantity, probably it might be from ignorance, I believe he gave a fair account of it.

JOHN PRESCOT sworn.

This lead was stolen off a work shop belonging to Mr. Pultney, in the morning of the 23d the lead was gone, it was on, on the 22d at eight o'clock, when I left the shop, I searched for it the next morning, and by seven or eight a neighbour acquainted me that the prisoner Broderick was carrying two loads of lead, as he supposed to one Davis's, I went and followed him with a third load to Davis's house; when I went there that lead was just turned out of the scale, Broderick was then there, I asked him where he got the lead, he said, he bought it, he hesitated sometime and at last said he bought it of one Dust, which is a nick name; then we took the lead back to the builting and it fitted entirely.

MARY DAVIS sworn.

I live in Shepherd's-market, May-fair, I deal in rags, old cloaths, iron, and every thing of that kind; I had once seen Penny, but Broderick I have dealt with several times; he brought this lead to my house between seven and eight.

Where did he say he had it? - I had not time to question him.

Did not you think it right to question him? - Yes, but I had customers in my shop.

Have your former dealings with Broderick been in buying of lead? - Only once, which was a very small quantity: having customers in my shop, I could not examine him, but as soon as I was at leisure, I went into the back place and desired: him to let me see the lead, and this gentleman came in and called me, and asked me, if I had not lead offered me, I said yes, I said here is the man, and I said at the same time, I had a suspicion it was stolen by the size of it; I asked him who he bought it off, but they came in so quick he had not time to make me an answer; the prisoner Broderick went into the shop to speak to Mr. Prescot, and said, as he was a young beginner he hoped he would not be hard with him; Mr. Prescot said he made no doubt he would not be hurt, as the gentleman would have his lead again; he then said he had it of one Dust.

Prescot. I told him I thought it better he should say who he had it of.

Court. Then every thing that respects the confession is at an end.

THOMAS BOND sworn.

I was the constable that took this party up, on the 23d of August, I saw the lead at the shop, and I followed it from there to the street where it belonged to, I afterwards found Dust, and he said he was sorry for what he had done, he was called out of his bed and should get nothing for it, for the other boy had run away with all the money; I only asked him how he could be guilty of it.

The prisoner Broderick called two Witnesses who gave him a good character.

Court to Jury. There is nothing to effect Broderick but a confession.

JAMES PENNY , WILLIAM BRODERICK ,

NOT GUILTY .

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

Reference Number: t17830910-95

689. THOMAS SMITH was indicted for feloniously stealing, on the 14th of August

last, one woollen jacket, value 10 s. one linen shirt, value 3 s. one cloth waistcoat, value 3 s. two flannel waistcoats, value 4 s. one pair of trowsers, value 3 s. three pair of stockings, value 3 s. one pair of silver shoe buckles, value 15 s. one pair of silver knee buckles, value 3 s. the property of William Grartrix .

GUILTY .

To be whipped and imprisoned three months in Newgate .

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

Reference Number: t17830910-96

690. STEPHEN COX was indicted for feloniously stealing, on the 9th of August last, thirty pounds weight of lead, value 4 s. belonging to Joseph Thompson , and then and there fixed to the house of the said Joseph , against the statute.

There being no evidence but the Prisoner's own confession, he was ACQUITTED .

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

Reference Number: t17830910-97

691. THOMAS POPPLEWELL and JOHN OWEN were indicted for feloniously stealing, on the 6th of August last, one wooden case, value 3 s. eighteen case knives, value 2 s. eighteen table forks, value 2 s. the property of Henry Creed .

JAMES BIGG sworn.

I am servant to Mr. Creed; I have a case of knives and forks which was in the front parlour in my master's house, on the sideboard, it was the 5th of August I believe, I saw it there on Sunday, I missed it about four o'clock in the afternoon; it was found under the wall on the backside of the house; I was eating my dinner and the alarm was given; a little girl came and rang at the gate, I got up from my dinner and one of the knife boxes was gone, and one stood in the window; I ran across the field and got into the next field, and I took one of them just against Haggerston; I took Owen, the other ran on before through Kingsland, I called stop thief! nobody stopped him; he was taken that night by the constables; this was about a mile from my master's house.

Was any body running after them when you first saw them? - Nobody at all.

MARTHA STEVENS sworn.

Court. How old are you? - Fourteen.

Do you know the consequence of taking a false oath? - Yes.

What is the consequence? - Doing wrong.

Then I hope you will not do wrong now, but speak the truth? - Yes, I saw one of these boys, Popplewell, the inside of Mr. Creed's court yard, on a Wednesday, about a quarter past four o'clock; the other was outside the court-yard, and took the things over; Popplewell gave the things over to Owen; the parlour window was on the jar, I was against the rails before the house; I was going into the fields and I saw them.

Did they see you? - Yes, after they gave these things to the other boy, they were taking the other case out of the window; they run away the moment they saw me, I went and rang the bell, I saw the gentlewoman herself, and I told her the boys were taking the things out of the window.

What became of the case? - It was dropped under the brick wall, I saw them take it away, and they lifted it over and dropped it under the brick wall; I did not see them drop it.

(The knife case deposed to.)

PRISONER OWEN'S DEFENCE.

I am fourteen years old, I never saw the girl before, I was taking a walk round, and some boys came up to me, and said there was a mad bull, and presently a gentleman pursued me and took me back; the girl said, she did not positively know me at first; at last they persuaded her to it.

PRISONER POPPLEWELL'S DEFENCE.

I never saw Owen, and was not near the place, I was in no fault at all, I was

at home working, I never saw the girl in my life.

Court to Stevens. Had you ever seen them boys before? - No.

Are you sure these are the boy s? - Yes, I am.

THOMAS POPPLEWELL , JOHN OWEN ,

GUILTY .

Transported for seven years .

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

Reference Number: t17830910-98

692. JEREMIAH DARGIN was indicted for feloniously stealing, on the 22d day of August last, one silver table spoon, value 5 s. the property of Benjamin Williams .

The Prosecutor not appearing the Prisoner was ACQUITTED .

Reference Number: t17830910-99

693. WILLIAM WINTER was indicted for feloniously stealing, on the 3d day of September last, five pair of nankeen breeches, value 15 s. one nankeen waistcoat, value 1 s. five pair of cotton stockings, value 3 s. two linen handkerchiefs, value 1 s. the property of Robert Harvey .

ROBERT HARVEY sworn.

I am a porter , I live at No. 2, Phoenix-street , I lost the things mentioned in the indictment, I saw them about half past two on Wednesday, the prisoner was catched in the passage between three and four, I was at dinner, one pair of breeches was in his breeches.

(The pair of breeches deposed to.)

Prisoner. His wife said, do not be afraid, swear hard against him, and then you will have a share of the forty pounds, that will buy more cloaths than you have lost.

Court. Can you prove that; if you assert what you cannot prove, it will be worse for you? - I have nobody to prove it.

ANN ROBINSON sworn.

My garret window is near facing the prosecutor's house, and I was looking out of it, I saw the prisoner and another lad less than him come down the street, they turned back again, the prisoner went in seeing nobody, he returned in about two or three minutes with a bundle under his right arm, I then had a suspicion they were thieves, I then went down stairs, and saw the prisoner at the street door with a pair of nankeen breeches under his breeches, he was so bare of cloaths he could not conceal them.

PRISONER's DEFENCE.

I was going up two pair of stairs to sweep the chimney in the same house, and I picked these breeches up in the passage, and two or three gentlemen came up and said, here is a thief.

GUILTY .

To be whipped and imprisoned one month in Newgate .

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

Reference Number: t17830910-100

694. JOHN LOCKHART was indicted for feloniously stealing on the 31st day of August last, one silk cloak, value 40 s. the property of James Sanders .

ANN SANDERS sworn.

On the 31st of August I lost a silk cloak, I was in St. Thomas's Hospital very bad of the dropsy, and I was turned out that very day incurable, and a young woman that is here fetched me in a coach, and when I came home, the prisoner and another man were at my house at dinner, when I came in I was very much fatigued, and the next witness laid my cloak on the head of my bureau bed in the kitchen, the other man went out, and the two women went out and left me, and the prisoner, and the next witness in the room. I was ready to faint, and I sent the young woman to get some milk, and she left me and the prisoner together, my cloak was gone.

Court. When she went out for milk did did you see your cloak? - I did indeed.

How long was it before the prisoner went away? - About a quarter of an hour from the time I came in.

Did he go before the last witness returned? - Yes, I never saw my cloak again, he had his elbow on the cloak, I missed the cloak before she came in, which was in about five minutes, she then run to look for the man, and could not find him, I never saw the prisoner till that time, he was taken that night; he was passing by the lane, and a young woman saw him, and asked him if he did not dine with me, and he said no.

Court. After one of the men and the two women were gone, can you be sure that you saw your cloak on the bureau? - Yes, Sir, as sure as I am a living woman.

JANE LEDGER sworn.

I took the cloak off the prosecutrix's shoulders and put it on the bureau, the man went away before I went on the message.

Were the women gone? - I cannot say.

When you came back with the milk were they all gone? - They were all gone, and she crying for the cloak, but who took the cloak I do not know.

Court to Prosecutrix. According to your account the other man and the two women went out before you sent this young woman for the milk? - I know there was not a creature left in the house but the man at the bar and I.

Then the two women and the man went away, and the prisoner staid behind? - Yes.

Now after the two women were gone did you see the cloak on the bureau? - I am sure I saw the cloak on the bureau a good while after they were gone; I was so unwell that some body else might come in.

Can you be sure that when you and the prisoner were together in the room, that the cloak was on the bureau? - Why indeed Sir, to the best of my knowledge it was.

PRISONER's DEFENCE.

I never saw any thing of the cloak, one of her girls belonging to she called me in, there were three girls and a man at dinner: I have people to my character.

MARY SHAW sworn.

I do not know the prisoner, I know the prosecutrix, and she came in and told me that she had lost a new black cloak, but that the Lord above knew who had taken it, but she blamed one of her girls for it.

ELIZABETH BROWN sworn.

I was in Mrs. Shaw's house, and the prosecutrix came in and said she had lost a cloak, and she believed some of the girls had taken it.

Court. What is the prosecutrix? - She keeps a bad house for girls.

The prisoner called one witness who gave him a good character, and another who said he heard the prosecutrix say she could do what she pleased with the prisoner.

NOT GUILTY .

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

Reference Number: t17830910-101

695. SAMUEL ROWLEY was indicted for feloniously stealing, on the 21st day of August last, one pewter quart pot, value 2 s. the property of Henry Soames .

GUILTY .

Whipped and discharged.

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

Reference Number: t17830910-102

696. ELIZABETH WATERS was indicted for feloniously stealing, on the 9th day of September last, one linen bed quilt, value 3 s. one pair of linen sheets, value 5 s. one linen and woollen window curtain, value 1 s. one tea kettle, value 1 s. one flat iron, value 6 d. the property of Joseph Westwood , the same being in a certain lodging room in the dwelling house of the said Joseph, let by him to her, to be used

by the said Joseph, with the lodging room aforesaid .

Mr. Baron HOTHAM. Gentlemen of the Jury: It seems there is a mistake in this indictment, it is for robbing a ready furnished lodging, and the goods are laid to be the property of Joseph Westwood , and they are said to be let by the said Joseph, to the prisoner to be used by the said Joseph, instead of the said Elizabeth, the prisoner; therefore, upon this indictment, to be sure she must be.

ACQUITTED .

Reference Number: t17830910-103

697. JAMES MACKEY was indicted for feloniously stealing, on the 4th day of August last, one sattin waistcoat, value 3 s. one corded dimity waistcoat, value 5 s. the property of Richard Worrall , privily in his warehouse .

TIMOTHY LACEY sworn.

I am a salesman, I live with Richard Worrall , he sells clothes ; he lost the two waistcoats mentioned in the indictment, they were taken from a warehouse up one pair of stairs, I found them immediately, the man never was out of my sight.

Did you see him take them? - No.

Is the prisoner the man? - Yes.

Where did you see the prisoner? - In the warehouse, he and another man came in with a pretence or intent to buy, we were about bargaining for a coat for the other, I had a suspicion that he had a bundle, and I put my hand to his jacket and turned it a little aside, and I saw the border of a dimity waistcoat in his pocket, I said young fellow, step in, I want to speak to you, and he run, and I run after him, and he threw one waistcoat into the passage, in Middle-row, and I picked it up, he threw a black sattin waistcoat down in Broad St. Giles's, I saw it fall, I took him immediately, I never lost sight of him.

JOHN CARTER sworn.

I am servant to Mr. Phillips; on Monday the 4th of August, I was standing at my master's door, and the prosecutor came running down the Row, and held this white waistcoat in his hand, and called out stop him! I ran up St. Giles's, and called stop thief! and the prisoner dropped this black sattin waistcoat from under his coat, he was taken and secured.

(The waistcoat deposed to.)

PRISONER's DEFENCE.

I went with another young man to buy a waistcoat, the other man went down stairs, and he came out to me, says he, take these two waistcoats and put them in your pocket, I had no suspicion of the man.

Court to Lacey. Was this prisoner in the warehouse? - Yes.

What is the value of these waistcoats? - They are valued at eight shillings.

GUILTY, 4 s. 10 d.

Transported for seven years .

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

Reference Number: t17830910-104

698. CHARLES HOLYWEARY was indicted for feloniously stealing, on the 18th day of August last, one pair of men's leather shoes, value 3 s. the property of John Greaves .

JOHN GREAVES sworn.

I am a shoe-maker , I live at the corner of Cranbourn-street, Leicester-fields , on the 18th of August about half after eight, the prisoner came for a pair of shoes, I went out of the shop and left my man to take the money, I stopped the prisoner on the 22d, on the Friday following, he had turned round the corner, I went into the middle of the street to be sure he was the man, he said I was mistaken, he said, he was going to pay me, I said, he must go before the

Justice, he said, he would pay me any thing.

Prisoner's Council. He offered to pay you for the shoes? - Yes, Sir.

Do you recollect the man's person? - Yes.

Do you recollect his using your shop formerly? - Not that I know off.

You do not recollect his frequenting your shop, in the way of buying shoes? - I cannot say I do.

You are not sure he did not? - I cannot say he did not.

RICHARD POPE sworn.

I live with Mr. Greaves, on Monday the 18th of August, about nine in the morning, the prisoner came to my master's shop to buy a pair of shoes, he was fitted, and my master assisted me; then my master quitted the shop and went down stairs, and left me and the prisoner at the bar in the shop; the prisoner said, come with me to Oxendon-street, and I will give you the money, I went with him, when he came to the Black-horse door of Oxendon-street to the public house, he asked me to drink, I said, no, he pulled a little bit of paper out of his pocket, which I understood was a bank note, and said, he must go and get change, I asked him for what, says he, go and get something to drink, and I will go and get change; he had a bit of paper in his hand, he went three doors, I had a suspicion, and went to see, when I came to the corner, he was crossed over the way, I ran after him and lost sight of him, whether he went round James-street, or New-cross-street, or into any house, I cannot say, I saw him no more till he was taken up, his excuse was, he was going to pay for the shoes, on examination he had no money, and was very much confused, and had no excuse at all.

Prisoner's Council. But he offered you if you would gave him change to pay you? - Not to me, no, he said he would get change; on examination before the Justice, he confessed to me that it was no note, it was a piece of blank paper.

Prisoner's Council. You told him it would be better for him to confess? - I told him it would be better for him to have paid for the shoes.

Had not you seen the prisoner at the shop before? - I might have seen the man there before, I think I have seen the man once in the shop before.

Did he buy any shoes before? - If he had he paid for them, he never asked for credit or trust.

When you went with him he told you all along that he would pay you, and desired you to stay till he got change? - Yes.

PRISONER's DEFENCE.

My Lord, I was going about some business to Mark-lane, to enquire for some prize-money, going through Leicester-fields I had the misfortune to break my shoe, I went into Mr. Greaves's, where I had several times been with my wife and children, and had a pair, he advised me to have two pair, and I said one would do, I put them on, and the man went with me to Oxendon-street, I went in hopes to get the money to pay for them, the friend I went to ask for some was gone into the country, and I expected a remittance from Mr. Lloyd, who is an agent at Plymouth, and I went down to Charing-cross, I had no thoughts that the man, as I had frequently used that place, had any suspicion of my defrauding him; I believe two or three days after I was going to Mr. Greaves's to tell him I was going to get the money to pay for them, and he caught me in a violent passion, and would not let me go; I never had the least thoughts of defrauding any body, and I have witnesses here that I believe can prove it.

SHEPHERD WISE sworn.

I am a perfumer, I have known the prisoner eight or nine years, he called on me that morning, he had the pair of new shoes on now in question before the court, he said he bought them at a shop where his wife and family use, but he had not paid for them, he said he was to give five shillings and six pence, and the man wanted him to have two pair, that was about eleven

in the morning; I never saw any thing bad of him in my life.

Court to Mr. Wise. How came the conversation to turn about the shoes, how came you to think of talking about them? - When he came into my room he said he had got a new pair of shoes, I saw them on his feet, I do not know how it came about, it did not occur to me in the least I should have occasion to mention them.

CATHERINE WISE sworn.

I am wife of the last witness, I was present, and I heard the conversation as my husband has related, I never knew any thing against the gentleman's character in my life, he is a very sober honest man to the best of my knowledge.

MARY SWEATMAN sworn.

I am a laundress, I have known him ten years; I have been with the prisoner when he purchased things at the prosecutor's shop, once with him, and twice with his wife and family; he has a very good character, he was sometimes a servant, and at other times a porter .

The Prisoner called three other Witnesses who gave him a good character.

Court to Jury. Gentlemen, if you are of opinion that the prisoner really did intend in his heart to pay for the shoes, but that he did not like to subject himself to say, I have no money, I am in distress; yet if he bore about in his mind the intention of paying for the shoes, it does not amount to a felony; one circumstance speaks in his favour, which is going to a shop which it is proved he used, for if a man intended to get possession of a pair of shoes in an unlawful way, it is not likely that he should go to a shop he had known, that was a risk too dangerous for the prisoner to run.

NOT GUILTY .

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

Reference Number: t17830910-105

699. JAMES FITZGERALD was indicted for feloniously stealing, on the 31st of July last, one cloth jacket, value 7 s. the property of John Rose .

The Prosecutor and Witnesses not appearing the Prisoner was ACQUITTED .

The recognizances ordered to be estreated but afterwards discharged.

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

Reference Number: t17830910-106

700. SAMUEL ABRAHAMS was indicted for feloniously stealing, on the 18th day of August last, twenty-eight pounds weight of sugar, value 10 s. the property of Daniel Harwood .

MARY HARWOOD sworn.

My husband lost a quarter of a hundred of sugar on the 18th of August last, it was laying upon a little counter just withinside the door, the prisoner came in and took it off that place, it is valued ten shillings; I run out of the door and cried, Stop that man! and Susanah Barnes cried Stop thief! then the prisoner dropped it; he was taken just after he dropped it.

SUSANAH BARNES sworn.

I saw the prisoner come out of this shop; I stand just between this house and the publick house door with fruit; Mrs. Harwood came out of the door and said, stop that man, and I said, what man? and she said, that man; and I followed him and cried, Stop thief! and he was taken, I had him in my sight all the time till he was taken, then I returned and picked up the sugar.

SAMUEL PALMER sworn.

I apprehended the prisoner, he carried it about thirty yards, as near as I can guess, and dropped it.

(The sugar produced and deposed to.)

PRISONER's DEFENCE.

I was going past and a man called me and asked me to take this; I said, yes; as soon as I was got about eight or nine yards behind the house, I heard them call, Stop thief! and then I dropped the sugar: I have no witnesses.

GUILTY .

To be whipped and imprisoned one month in Newgate .

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

Reference Number: t17830910-107

701. WILLIAM LAWRENCE was indicted for feloniously stealing, on the 26th day of August last, nine pair of leather shoes, value 8 s. and one Bath beaver great coat, value 2 s. the property of John Trapp .

GUILTY, 10 d.

To be whipped and discharged .

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

Reference Number: t17830910-108

702. DANIEL LOVE and JOHN COX were indicted for feloniously stealing, on the 4th day of September last, one coffee pot, value 2 s. the property of John Hutchins , one drinking glass, value 1 d. and one quart glass pot, value 6 d. the property of Jane Montgomery .

JOHN HUTCHINS sworn.

I know Mrs. Montgomery, she was robbed of the things mentioned in the indictment.

- BOND sworn.

I am a constable, I was with Hutchins at Mrs. Jones's house, I asked her for the things and she gave them to me directly; I took up the prisoners.

( The glasses deposed to by Jane Montgomery .)

SARAH SPIKES sworn.

The prisoner Cox asked me to buy them, and I said I would not, I am not positive to him any farther than by his dress; he brought them to me on Friday last; a little boy who was with them came and told of it.

Court. Was the other prisoner with him? - Not to my knowledge; I only swear to Cox from his being in a blue coat.

Court. So that if that boy in blue had a red coat on, you would not be sure of him? - No, I should not.

Court to Jury. Gentlemen, there is no other witness but a little boy, who, by the account we have heard already, was an accomplice with them, for the evidence says, that a little boy who was with them came and told of it, now we cannot take that evidence without any other.

DANIEL LOVE , JOHN COX ,

NOT GUILTY .

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

Reference Number: t17830910-109

703. ANN ANDERSON (a black woman) was indicted for feloniously stealing, on the 3d day of August last, five pieces of gold coin of this realm, called guineas, value 5 l. 5 s. and one other piece of gold coin of this realm, called an half guinea, value 10 s. 6 d. the property of John Smith , in the dwelling house of Stephen Le Clere .

The Prosecutor not appearing the Prisoner was ACQUITTED .

The recognizance of John Smith was ordered to be estreated.

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

Reference Number: t17830910-110

704. JAMES MOORE , RICHARD KNIGHT , JAMES FARREN , MICHAEL MACKANALLY , and WILLIAM HAYWOOD were indicted for feloniously stealing, on the 4th day of September last, one cloth coat, value 5 s. three linen shirts, value 10 s. the property

of Christopher Feark , and one pair of silver shoe-buckles, value 30 s. and one cloth coat, value 5 s. the property of Johan Christopher .

CHRISTOPHER FEARK sworn.

He being a foreigner an Interpreter was sworn.

What ship do you belong to? - The Four Sisters.

Where was the Four Sisters on the 4th of this month? - At Wapping Dock Stairs , I lost the things mentioned in the indictment, to belong to me, I saw them about three or four minutes before, the coat laid in the cabbin, I do not know who took them, I was fast asleep, I never found them again, I can say nothing to the prisoners.

JOHAN SADLER sworn.

I am a headborough, last Friday was a week, the evidence Manning, came and gave me information of the prisoners who had robbed the Captain , I went to Saltpetre Bank, and I found Farren, Knight, and Moore, at the King of Prussia's, I found nothing on them; I found the other two going down Rosemary Lane, I took them, and found upon one of them (which was Mackannally) this pair of buckles, which the mate swore to be his property, and these four bullets in Mackannally's pocket.

Prisoner's Council. The prisoners behaved very quietly? - Yes.

JOHN CHRISTOPHER sworn.

I am mate of the Four Sisters, I lost a pair of silver buckles, these are my buckles, I have had them about a year, I bought them in Amsterdam.

Prisoner's Council. Did you buy them at a silver smith's? - Yes.

Was not there a good many of the same kind there? - No, at that time he had no more than that fashion.

But he had a good many of that fashion? - Yes.

Did you put your name on them or mark them with any thing when you bought them? - No.

Court. Do you know them by any particular mark? - Yes, I crooked this one time.

- MANNING sworn.

On Thursday night the 4th of this month, about ten, I and Bill Haywood , and Dick Knight , and Jem Moore , and Jem Farren , and Nick Mackannally , and a young man that is not here, went to the ship.

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

Reference Number: t17830910-110

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.

Reference Number: t17830910-110

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 10th of SEPTEMBER, 1783, and the following Days;

Being the SEVENTH 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 VII. PART VIII.

LONDON:

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

MDCCLXXXIII.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

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

Continuation of the Trial of James Moore , &c.

What was your intention in going? - We went to get some money, about half past eleven o'clock; Bill Haywood and I saw nothing in the cabbin, we confined the people on the deck, and Mackannally, and Farren, and Knight, went down into the cabbin; I believe they might be about twenty minutes, as nigh as I can guess, I saw a couple of coats and two pounds of tea, I did not see these buckles, we were to divide the property the next day; but the firing at the Captain gave me great uneasiness, because the young man that was with me fired at the Captain directly, I never heard Mackannally mention any thing about having any buckles.

Court to Christopher. Where were the buckles? - In my chest in the cabbin, the key was in the chest.

How did you know it had been opened? - Only by the loss of my buckles and coat.

MACKANNALLY's DEFENCE.

I never was on board the ship, I never saw the evidence before, I bought the buckles coming over London Bridge, a man met me, and I had him a guinea and gave him eighteen shillings.

Court to Jury. With respect to the other four there is no evidence but that of the accomplice, but as to Mackannally there is evidence against him exclusive of the accomplice sufficient to put him on his trial, for the buckles which Christopher has sworn to, were found upon him the next day, therefore, it is incumbent upon him to give some account how he came by these buckles.

Jury to Manning. Who fired? - There were three that fired in all, as soon as ever the Captain came up, Bill Haywood fired at the Captain, and soon after Farren came up, and he fired, and Mackannally fired.

Prisoner's Council to Manning. How often have you been evidence for the Crown? - Never before.

No? - I do not know what you mean.

Did you ever impeach your accomplices? - In any bad ways.

You understand me? - I never was in a Court of Gentlemen before in my life.

Prisoner Mackannally. My Lord, he has been evidence twice before.

Jury to the Captain. Did you make any observation of the people that fired at you? - I was asleep when the men came into the cabbin, they demanded a candle, and to over-haul and search for goods, they pretended to be Custom House Officers; then they opened the chest and took out the tea and cloaths, I got hold of two of them but they were too powerful, then they fired

at me, and one shot me under my arm, I cannot say which it was.

JAMES MOORE , RICHARD KNIGHT , JAMES FARREN , WILLIAM HAYWOOD ,

NOT GUILTY .

MICHAEL MACKANNALLY , GUILTY .

Transported for seven years .

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

Reference Number: t17830910-111

705. JOHN FREETH was indicted for feloniously stealing on the 19th day of August last, six deal paling boards, value 15 d. the property of Joseph Cockfield .

JAMES STEWART sworn.

I live in Holborn, I superintend a deal-yard for Mr. Cockfield at Limehouse , on the 19th of August I took an account of some paling boards that were just landed, on the 20th in the morning I was called upon to go and see whether I could challenge any boards that belonged to Mr. Cockfield, I missed twelve boards, one of which was the board that I had cast up upon, I went with the officers to the watch-house, and I saw there six paling boards, and one of them to be this very board that I had taken an account upon, which is here.

JOHN KITCHEN sworn.

I am the house watchman of the Hamlet of Ratcliffe; about half after ten at night the 19th of August, the officer was sent for to take up a thief, he says to me, Kitchen come along with me, I went with him to the city arms and took the thief, then I went to Ratcliffe-square.

(The board deposed to.)

Court. What is the value of this board? - The value of the board itself is not above three pence.

THOMAS TOWELL sworn.

I live in Narrow-street, Limehouse, I saw two men with boards on their backs, I thought it a very uncommon time of night, one of them said, if I wanted to know where they were going, I might follow them, they went up London-street, and the prisoner pitched the load against one of the houses, he said is it you, I am going to the Old Man's in the square, says I, has he not a name, he said it was Ratcliffe-square, to one Mr. Cheeke's, I told him I knew him, he said he was gone to bed, and they had two hundred of them to carry and to pitch them against Mr. Cheeke's garden wall, he took up his boards and he went with them, and he pitched them against Mr. Cheeke's wall, he said he would leave me to enquire of Mr. Cheeke whether he came honestly by them, I told him to stay, he said he would not, I then told him he should, he then said he would stay, he went into Mr. Cheeke's garden, and the servant maid came out, she knew nothing of them, she said Mr. Cheeke was at the City Arms, I sent to the City Arms, while I staid with the prisoner, the prisoner then said that a man that had run away had employed him to carry these goods for Mr. Cheeke, and that there was a boat at the Horse-ferry with two hundred more of them; we went to the City Arms and saw Mr. Cheeke, he knew nothing of the prisoner nor the boards.

PRISONER's DEFENCE.

A man asked me to carry them, he said I should come to no harm.

GUILTY .

To be privately whipped and discharged .

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

Reference Number: t17830910-112

706. JOHN ALLEN was indicted for feloniously stealing on the 2d day of August last, three live cock fowls, value 3 s. and eight live hens, value 8 s. the property of Charles Eaton .

CHARLES EATON sworn.

I live at Pancras , I lost in August last three cocks and eight hens, five of them were killed by the prisoner, I kept them in

a house in the back-yard, I know they were my property.

WILLIAM CARDINGTON sworn.

I saw these fowls the day before the robbery about three or four in the afternoon, there were eleven of them, and I saw them in the morning going to Battle-bridge, they were my master's property.

PRISONER's DEFENCE.

I am lately come from the West Indies, and have had a disorder on me, I have been to several doctors, and they advised me to get snails and put them among new milk and drink a pint of it, by which I have found benefit, and I was down at Pancras, and there is a bit of a wooden bridge, and there lay a bag, I did not open it, I put it under my arm, and this man came up and asked me what I had; I am innocent.

GUILTY .

To be publickly whipped , and confined to hard labour six months in the House of Correction .

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

Reference Number: t17830910-113

707. LEONARD DYER was indicted for feloniously stealing on the 20th day of July last, one canvas bag, value 6 d. and forty pounds weight of raw coffee, value 7 s. 6 d. the property of Andrew Cornish and Henry Brown .

ANDREW CORNISH sworn.

I live in Wallbrook, I am a warehouse keeper , I did not miss this coffee till the prisoner was taken up, and committed to the Poultry Compter, after that I had information that the property was mine, this coffee was left in trust with me and Mr. Brown as partners.

HERBERT AUD sworn.

This coffee was in the warehouse that I take care of; it has a King's lock under the excise; the warehouse belongs to Cornish and Brown, rented by them; I am the locker of it, under the King's lock, under the excise; I saw it on Saturday the 19th of July in the warehouse, at two o'clock in the afternoon; on Monday following the King's lock was broke off, about ten o'clock in the morning: I saw the bag afterwards before Alderman Hart, I knew it to be the bag and the coffee.

By what do you know the coffee? - It is a very singular case, this coffee in this bag is part of a bag of coffee out of seven hundred that we shipped about four months ago, and this fell into the Thames, and was brought back to the warehouse, and was spread abroad, and became mouldy, I have a sample of the bag, the remainder of that was left in the warehouse not being all taken away; this corresponds with the sample, I can swear to the bag, it is lot 131, I lotted it.

Prisoner's Council. It is not impossible for any other coffee to be in that situation, to drop into the river? - Unless another bag had dropped into the river, and then it would not have been the same as that.

Is it possible for another bag of coffee to drop into the river? - It is possible it might; this coffee was re-bagged in the warehouse where it lay, it was taken part of it away, and part of it split on the ground, and the coffee I can swear to.

I believe you would be much concerned if you stood in the situation of the prisoner; now pray how many bags of coffee do you suppose go down, and come up the river Thames in the course of twelve months? - A many thousands, twenty thousand; but I never knew an instance of this kind before.

And in twenty thousand bags, you suppose it impossible that any other bag should be marked in the same way? - I am very positive.

You are a very positive gentleman as ever I heard of in a Court Justice? - I say, that the coffee that came into the warehouse is of such a complexion.

And so in twenty thousand bags you can discriminate one bag? - I can discriminate the bag itself.

Those other people that have the care of warehouses, do they mark their bags, or are they mere blanks? - Upon my honour I do not know, I have nothing to do with other people.

Do you know whether other people do or not? - I know nothing of other people's business, it is possible they may.

Do you know it or not? - I do not know it, this I know, this I ascertain.

You are a very positive and uninformed person? - I deny it, Sir.

Jury. Is that bag your own marking? - It is, upon my oath.

THOMAS HOWELL sworn.

On the 19th of last July we locked up that warehouse; I am porter at the warehouse; I remember perfectly well seeing this bag, and when I came into the warehouse, I mentioned that it was gone; I know nothing at all of the prisoner; I can very well affirm that the bag does belong to the warehouse, and never was delivered to any body on any legal terms whatever; the number of the bag is 1170.

Prisoner's Council. Do you swear to the coffee too? - No, Sir, I will not take upon me to swear to any coffee whatever.

HENRY HISH sworn.

I live at No. 23, Little-east-cheap; I am a hair-dresser; I am the constable of the ward; I was upon duty that night; the watchman brought this bag to me, and two other watchmen brought the prisoner, it was on the 20th of July, about twelve o'clock on the Sunday night, they brought the prisoner with them at the same time, I said to him, my friend, where did you get this; he said, I found it on London Bridge; I took him to the Compter, and he was committed for further examination.

TIMOTHY JONES sworn.

On Sunday night between eleven and twelve, I was on my duty, the prisoner past by me, I wished him a good night, I perceived he had a bag on his shoulder, I called to him, he seemed not inclinable to stop, but kept his road; I called to him again and he still went on; I stept after him about fifteen or twenty yards, says I, what have you got here; he said, he came from on board a ship; I said, you must go to my officer, this is the bag, I think I can at any rate swear to it, I observed when I came down it was marked with an H.

Do you swear it is the bag? - To the best of my knowledge, the bag I took from him I gave to the constable.

Court to Hish. Was it the bag he gave to you? - Yes.

Jones. He struck me over the breast with the whole length of his arm, and dropped the bag and ran away immediately? the two men took him, I think that is the man, but it was a dark night.

Prisoner's Council. Then you are doubtful whether the prisoner is the man or not? - No, there does not hang a doubt with me, because there was no other person in the way, nor could be.

Did you notice the person as he passed by you? - Most certainly, he was the other side of the way, he was as far off as I am to you.

Court. Did you make the best haste yourself after him? - No, I kept to my stand, I believe him to be the man, but I will not positively swear to him.

PRISONER's DEFENCE.

My Lord, coming over London Bridge I picked up this bag.

The Prisoner called two Witnesses who gave him a good character.

Jury to Howell. What weight was the bag? - When it was last weighed there was one hundred weight and a quarter, the bag was cut open, and left one part of it in the warehouse; there might be half a hundred left; there was a stock-lock which was opened, and the door was shut, it was not a spring-lock, I had the Custom House key; the stock-lock, was not broke, I opened that.

How did they get in then? - I cannot tell, I should imagine by a picklock.

NOT GUILTY .

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: t17830910-114

708. EDMUND HARKELL was indicted for feloniously assaulting Sarah Brooks , spinster , on the King's highway, on the 11th day of August last, and putting her in fear and danger of her life, and taking from her person and against her will, two linen handkerchiefs, value 12 d. one linen gown, value 10 s. one white Marcello petticoat, value 5 s. three linen aprons, value 3 s. two pair of cotton stockings, value 12 d. one linen shift, value 3 s. four muslin neck handkerchiefs, value 12 d. and one linen cap with a laced border, value 2 s. her property .

SARAH BROOKS sworn.

Court. What are you? - A poor servant girl, I live with Mr. Clarke, at Chelsea, I was robbed last month, I cannot say the day of the month, it was just a month ago last Monday, between three and four o'clock in the afternoon, I was coming from Chelsea to Westminster, and coming through the Five-fields into the King's-road , I was stopped, I was alone.

Court. Who stopped you? - The prisoner.

Look at him? - That is him.

Was he alone? - Yes, he asked me where I was going to, I told him to Westminster, and he asked me if he should carry my bundle for me, and I told him no, he said, he did not like to see young women slave hard, and he would carry my bundle, I told him I was able to carry it myself, I said, I was going about my business, and he was going about his; he insisted upon carrying it, and he came and took it from behind me by force.

Did you resist or struggle against it? - Yes, then he said, I am going to Westminster, but I am going round, and I did not think he would run away with my bundle, and I followed him, I do not know where, he had me to some strange place, he did not go towards Westminster; when he came before the Justice he owned he had me as far as Hedge-lane.

I suppose you met several people in the course of that time? - No, Sir, I did not meet any body in the world.

What nobody between the Five-fields and Hedge-lane? - No, Sir, not any body scarce, we went through a great row of stables.

You must have walked through a good part of London to get to Hedge-lane? - No, Sir,

And you did not meet a soul? - I had no mistrust, to say any thing to people that we did meet; then he asked me to go and have some thing to drink, I told him no, if I had any thing I could treat myself, says he, then I will, and you stop at the door till I come out.

What door did he stop at? - At the public house door.

Do you know what public house it was? - No, he went in and I never saw him no more.

How long did you stay at the door? - About half an hour.

What did you do after you had stayed half an hour, did you go into the house? - I asked them if they saw such a person, and they began to abuse me, and call me names and bid me go about my business, they said, they never saw any such person; then I met this gentlewoman, Ann Anderson , and I went home along with her, I did not go into the house at all, I made no piece of work at all.

Where did you meet Ann Anderson ? - In the Park, and I went home to her house.

Court. How came you to give it up so quietly, as you saw the man go in the house? - I was afraid there was so many blackguard men and women, and they began to abuse me, I was afraid.

Jury. What time did you leave the house? - About five o'clock.

Court. Had you any conversation with the man as you walked from the Five-fields to this house? - I was as near him as I am now, I had the things mentioned in the indictment.

What was you carrying all these things to town for? - I was going to a place.

Court. So this was all your stock? - Yes.

Prisoner. My Lord and honourable Gentlemen of the Court, what she has said is entirely false, I have sufficient witnesses in the Court to prove it.

Court to Prosecutor. Did you get any of your things again? - No, Sir, I helped to take the prisoner up, I was standing in the Park one morning between eight and nine o'clock with a young child, that was almost three weeks after it happened, it was a black man's child, Mr. Bart's child.

Court. Was that the child of the person where you was going to live? - No, Sir, it was a poor woman's child, I was facing Whitehall, seeing the solders exercise, and the prisoner was seeing the soldiers exercise, and he run against me, and hit my knee with his; I stood a great while before I could speak, I began to tremble very much, and I did not know what was the matter with me, and I then thought he was the man that took my clothes, and he was taken.

ANN ANDERSON sworn.

I know nothing at all, only the prosecutrix has been at my place ever since, my husband is a bricklayer's labour, she had no place else to go to.

Did you meet her that afternoon, that she said, she had lost her clothes? - I saw her that afternoon and took her home with me, she gave me no account at all about it, she said, she had lost her things.

She said, she lost them, did she say how? - She said, she had her things and was coming from her sister's to go to a place, and a person took them away from her, she told me no particulars about it.

If you met her that afternoon, it was most natural that she should tell you what had happened to her? - She said, she had lost her things, she told me a man met her in the fields, and that she went to some door, but what I do not know, he told the Justice it was Hedge-lane.

Court to Brooks. Did you know it was Hedge-lane at that time? - No, I did not know till he confessed before the Justice.

JOSEPH PERCIVAL sworn.

I can say but very little about it; on the 30th of August the prisoner was given into my custody, I took him to gaol, and he was examined before a magistrate, and he owned there, that he went into some house in Hedge-lane , but I do not recollect that he mentioned any particular sign; and he owned to me that he had the girl's things, but he had pledged them, and he said, that he could go to two or three friends to receive money, and get the things.

Court. Was there any confession taken in writing? - I do not know.

Did not you learn of him where the pawnbrokers were? - He said, he could not tell, but he would go to his friends, and then he would go to the pawnbrokers; I pressed him to tell where they were pledged, and he would not tell me; I took him to Tothill-fields-bridewell, and he wrote a bit of a note where to find his mother, I took the note to her, and she said, she would not come, nor she could not come, she had her master's business to mind, and she could not come to mind his; she said that he was rather a wildish young fellow and had been in some affray before, and she did not chuse to come nigh him.

Was there any thing said to him to induce him to confess? - I do not know but there might, that he had better tell where he had pledged the things, and such like.

PRISONER's DEFENCE.

My Lord, I was walking one morning between seven and eight o'clock; just before I came to Buckingham-gate there was a heavy shower of rain, this girl and an elderly woman came by, the elderly woman said, you had better stop here while I go to Westminster, then the prosecutrix addressed me about the weather, she grew very familiar, and asked me to take a walk to Chelsea, which I conformed with, and walked with her as far as Chelsea College wall; one circumstance in particular she may remember, a man asked her how she did, she said he was a fisherman, and was going to Barking where he had a boat; she said I must not go home with her, I told her I was very sorry I could not give her something to

drink, she said, that did not signify, but if I would meet her at eleven o'clock near Chelsea-bridge, she had something more to say to me than she could there; that she was hired to a publick house, but would not go, and that her sister and mother used her very indifferently; that she then came out the second time to form an excuse, that she was not going to that place, but she would come back and fetch her clothes; she told me to meet her at two o'clock and she gave me a signal to go on; she told me she had just seen one Brooks a publican, at the Bull's head, that she was hired to it; that she would not go home any more, she walked along through the park, and thro' a gate, and there she undid a bundle, and pulled off a check apron and put on a white apron; from there we went to a house, and had a pint of beer in Panton-street, I told her I had no money, she said she had some things, and wished I would pledge them as I had no money; she went from that publick house, she stood just by while I pledged the things, then we went to the Queen's-head in Tottenham-court-road, and there we spent the afternoon; of that I have three witnesses; then she said, she should be glad to have some supper; I paid the reckoning, then we went to the ham and beef shop; the corner of Castle-street, and after that she grew more familiar with me in every respect, and unfortunately for me we had a bed that evening together: The next morning we got up and we had two rolls and butter; I took her to this Mrs. Anderson's house, knowing her, as I was in hopes to put the things in their place again; Mrs. Anderson consented to her being there, and there was another woman and she went and fetched three half quarterns of gin, and I paid for them; I called there in the evening and the prosecutrix was at the door, she said Mrs. Anderson was gone either to fetch allamode beef, or leg of beef, I cannot tell which; I offered to make any amends I could; the next morning I gave Sarah Brooks one shilling, and they had more spirits; I took nothing of her; she has offered since I was in confinement to compromise it.

Court to Sarah Brooks . You have heard what he has said just now? - That is very false.

Court. Upon your oath, is that or any part of it true? - It is not a word of it true.

Upon your oath? - Upon my oath.

Court to Ann Anderson . How long have you known the prisoner? - I have seen the prisoner at a publick house ever since last Christmas, where I have my beer, I knew him only by sight, before this affair happened.

Upon your oath did he at any time desire you to take this girl into your house, and take care of her? - No, Sir, that is a falsity, as for the man I have seen him a great many times, and by all account he is but indifferent, he nor she is nothing to me.

Court. I want to know upon your oath had you ever any conversation with the prisoner upon the subject of that girl? - I know nothing but what I told you before.

Then nothing has ever passed between you and him about that girl? - No, Sir, nothing at all.

Court to Prisoner. I would advise you not to call any witnesses to make your case worse, by their perjuring themselves.

ANN LYON sworn.

The prisoner at the bar and this gentlewoman, Sarah Brooks , came into my mother's house last Monday was a month, at the Duke's Head in Tottenham-court-road, between three and four, and they had some liquor to drink, and the gentleman asked her to have some tea, and I said I could not make any tea as my mother was not at home, then she had a twopenny glass of shrub and water in a small tumbler; they went away about five, they came in again between eight and nine, and had some ham and beef, and cucumber for supper, they had some beer and went away again between nine and ten, and I saw no more of them.

Court. Are you sure it was Sarah Brooks ? - I do not know her name, but it is that gentlewoman in the bonnet and red cloak.

Court. Is that Sarah Brooks ? - Yes, it was last Monday was a month.

HANNAH JOHNSON sworn.

I live in Tottenham-court-road.

What do you know of this? - I know no more but the truth I tell; the prisoner at the bar, and the gentlewoman in the bonnet and red cloak came into our house, she is a lusty body, but I never saw her in my life before, but a bundle she had not.

What time did she come in? - It was between twelve and one as near as I can guess.

How long did she stay there? - I believe two hours and better.

What had they? - He had some porter, and she had some water and rum, I think it was rum, she could not drink porter, they both went out together, and came in at duskish, I do not know what time of night or evening it was, they brought in some ham, and buttock of beef, and cucumbers.

When did they come in again? - That I cannot identify, because my landlady was out, and I was obliged to mind the house along with the daughter.

What time of night was it, was it supper time or bed time? - No, Sir, it was sooner than that, they staid there till between nine and ten at night, and they both went out together, and I never saw them since till now.

WINIFRED MASHAM sworn.

I have known the gentleman this two years, I never knew nothing indifferent of his character, he always behaved very genteel.

THOMAS LLOYD sworn.

I have known this man eight or nine years, I know nothing by him but what was very honest, I saw him sit with this young woman in company about three weeks ago, I came into the Duke's Head in Tottenham-court-road, and the prisoner and Sarah Brooks were in there together, the same as man and wife might be, he bid me sit down and drink, and he and I and this young woman walked out together, and they said they would go and get some supper.

What time of the day was it you saw them? - Between four and five, they went out between six and seven.

Court to Sarah Brooks . Once more I ask you upon your oath, was you ever in the Duke's Head in Tottenham-court-road? - I never was upon my oath.

Was you in no publick-house with him? - No, Sir, I never was.

Court. Gentlemen of the Jury, you are bound not to take any notice of this confession, because he was induced to make it; Gentlemen, this depends entirely on the credit you think fit to give to these two women that have been examined.

Jury to Ann Lyon . Did the prisoner at the bar ever come to your house before that night or that day? - Yes.

Frequently? - Yes.

NOT GUILTY .

Tried by the second Middlesex Jury before Baron HOTHAM.

Reference Number: t17830910-115

709. SARAH BAKER was indicted for feloniously stealing on the 9th day of September last, one worsted purse, value 1 d. and six pieces of gold coin of this realm, called guineas, value 6 l. 6 s. the property of John Stout .

The prosecutor not appearing, the prisoner was

ACQUITTED .

Reference Number: t17830910-116

710. THOMAS DAY was indicted for feloniously stealing on the 8th day of September last, one silk handkerchief, value 10 d. the property of Samuel Wilson .

SAMUEL WILSON sworn.

Last Monday was a week I was coming from Hatton-street, down by the end of Fleet-market , I felt something touch my pocket, and I thought I saw the prisoner take my handkerchief, I immediately seized him, and on searching him it was in his breeches, all this was done within a minute.

- CATCHPOLE sworn.

I produce the handkerchief, I can say nothing of the robbery.

Prosecutor. I cannot depose to the handkerchief, there is no private mark, I suppose I may have twenty of them.

Prisoner. I picked up the handkerchief and put it in my pocket, before he took hold of me, he looked at another person, I was taken into the publick-house.

GUILTY .

To be whipped and discharged .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17830910-117

711. WILLIAM THOMPSON and JAMES M'CAWLEY were indicted for feloniously stealing on the 1st day of August last, one pair of linen sheets, value 10 s. two linen shirts, value 10 s. three linen shifts, value 4 s. and two linen frocks, value 4 s. the property of John Barton .

(The Witnesses examined apart at the request of the Prisoner.)

JOHN BARTON sworn.

I keep the Hind in Redcross-street ; the 1st of last month I lost the things mentioned in the indictment and several other articles, these things were hanging up in the dining room; I saw them there the very evening before they were taken; I never found any of them.

THOMAS ELLIS sworn.

I am a shoemaker; Mr. Barton said, he had been robbed, and I heard the prisoner Thompson, on the Saturday after the robbery, at a publick house discoursing with another young man, and saying, that he and M'Cauley had robbed Barton, and M'Cauley had been a rogue to him; he said it was the night before, and that M'Cauley had got all the things; he did not say what they were.

Court. Was M'Cauley there? - No, I went to M'Cauley for a pair of shoes, and the same young man was with him the same day, and I heard him say, he sold the things for fourteen shillings.

What things? - Mr. Barton's things.

Did he mention them as Mr. Barton's things? - Yes, he said that Thompson might lick him, and take the money from him if he would; nobody was by but the prisoner and me, and this young man.

I suppose you was intimately acquainted with Thompson? - No, Sir, I was not, I got acquainted with him by using Mr. Barton's house.

Did not you think it very odd that he should make such a discovery before you who was so little acquainted with him? - He did not make it to me.

But he said it loud enough for you to hear? - Yes; I told Barton; this young fellow was there, and was telling him he had been a rogue to Thompson.

Court. Who do you work for? - I work for Mr. Rogers in Goswell-street.

Prisoner Thompson. I never was in the house.

Jury to Prosecutor. When did Ellis come and tell you of this? - On the Sunday, it was done on the Friday.

WILLIAM THOMPSON , JAMES M'CAULEY ,

NOT GUILTY .

Tried by the London Jury before Mr. Baron HOTHAM.

Court to Ellis. Take care and keep better company for the future.

Reference Number: t17830910-118

712. THOMAS REDBOTH was indicted for feloniously stealing, on the 2d day of September last, two pewter pint pots, value 2 s. the property of Richard Richards .

RICHARD RICHARDS sworn.

I keep a public house , I lost two pewter pint pots on the night of the 2d of September, I only come to swear to my property.

THOMAS NEGUS sworn.

I am a constable and patrol, I stopped the prisoner with this property between twelve

and one o'clock in the night, he was carrying them openly in his hand; I asked him where he was going and whose pots they were, he did not chuse to give me a proper answer, I said, I must know, when he was going to the watch-house, he then said where he had been, and brought the pots away.

Whose pots did he say they were? - I believe he did mention the gentleman's name, I will not be sure, he said, he had been at Clerkenwell-green.

(The Pots deposed to.)

PRISONER's DEFENCE.

I was drinking in that gentleman's house from a quarter past seven till half after eleven; there were ten or twelve people in company; the publican came sat down with us, I was coming out, I left the company, I was in liquor, I had nothing about me, the people all saw me; about a stone's throw from the door I picked up them pots; I carried them openly to carry them home to the owner, whoever they belonged to: I did not find that they belonged to this gentleman till I came into Smithfield, I then heard his name: I have served my time at sea, and all my friends are dead.

GUILTY, 10 d.

To be whipped and discharged .

Tried by the London Jury before Mr. Baron HOTHAM.

Reference Number: t17830910-119

713. WILLIAM RUSSEL was indicted for feloniously stealing, on the 11th day of September last, five ounces of silver, value 20 s. the property of James Richards .

JAMES RICHARDS sworn.

I am a watch case maker , I had a suspicion of losing silver for a long while back.

But have you in fact lost any? - I suspect losing it, but it is impossible for me to tell, because I have such a quantity in different states.

Court. But you must say positively? - I believe the silver that was found at the place where the prisoner sold it, was my silver.

I must have a direct answer to that, whether you have actually lost any silver? - The silver that was found was my property.

Court. That is in other words, saying you have lost it? - Yes.

Then why cannot you say so? Now why do you suspect the prisoner? - I was informed that the prisoner was selling silver at a suspicious place; suspecting I had lost silver, I got a search warrant, and went and searched the house of Mr. Parlyman, in Brick-lane, and there was found a quantity of silver: the silver and Parlyman were brought to my house; Parlyman pointed to the prisoner as the man that sold him the silver; one piece appeared to be drawn out, and one to be cut off; the prisoner said it was my property, he was taken before a Justice, and he signed written confession; which I saw the Justice and the prisoner sign, there were no promises or threats made use of.

(The Silver deposed to.)

Prisoner's Council. The prisoner signed that confession you say? - He did.

Was any thing all said to him before he signed it, was he asked if it was his voluntary and free confession? - Mr. Triquet asked him what he had to say.

Did he appear to be under any tremor of mind? - I do not know, he was flustrated very much.

Then he was not perfectly at ease when he signed that confession? - He certainly was in his proper senses and knew what he was about.

You have a great number of men? - Yes, I have.

And you had not positively taken any notice, that you had lost any thing to any of your men; you had not said so in your shop? - I had communicated it to my men, that I suspected that I had been robbed, because there was a quantity of silver taken from the shop and concealed in a room; I suspected the prisoner, because he was very idle, he appeared very well and had a great deal of money.

Then you would discharge him I should think: did you miss any particular filings? - No.

Had you seen the silver in the paper any where else, and had no suspicion respecting this man at all, should you have known it from other silver? - Had I seen that silver and examined it as I have now, I believe I should have been able to speak to it.

Why you do not swear to it now? - I desy the whole trade to produce one piece of wire like it with the threads in it.

Then all the evidence you have respecting this arises from the confession? - I have evidence that he told it to, and I believe it to be mine.

Where did he make the confession first? - In my shop before a number of people.

What did you say to him? - I only asked him whose property it was.

Nothing else? - Not in the least.

(The Confession read.)

"September 13, 1783.

" The said William Russell confesses,

"he has at sundry times, stolen large quantities

"of silver, of the said James Richards ,

"and he sold five ounces to John

"Parlyman, for twenty shillings and sixpence,

"and that the silver produced

"before Samuel Yardley , is part of the

"silver so stolen, as aforesaid."

PRISONER's DEFENCE.

I was flurried, I did not know what I said, I know nothing of it.

The prisoner called five Witnesses who gave him a good character.

GUILTY .

To be fined one shilling , and imprisoned three months in Newgate .

Tried by the London Jury before Mr. Baron HOTHAM.

Prosecutor. My Lord, I should be happy if this young man's case is taken into consideration, and his punishment somewhat lessened,

Court. On account of his character perhaps the Court may take it into consideration.

Reference Number: t17830910-120

714. ROBERT HASLEM was indicted for feloniously stealing, on the 8th day of September last, three looking-glasses in mahogany frames, value 5 s. twenty-four black lead pencils, value 7 s. 6 d. seven glasses for spectacles, value 6 d. the property of Richard Mountford and Thomas Wilkins , on the premises .

RICHARD MOUNTFORD sworn.

This is my property, it was stolen from my shop; as we are in the wholesale trade, we always make a rule to number one in half a dozen, or whatever the number is; unfortunately for the prisoner here is the one on which the number is: the black lead pencils are made by Mr. Middleton, he always marks them for our use, when we call over the orders, we take off that mark and put on our own; the prisoner was my porter , he was lodged and boarded in the house with me, ever since the 26th of April last, he had access to all these articles.

ROBERT HOLLAND sworn.

I found the things mentioned in the indictment in the yard, which were claimed by Colbeck.

- COLBECK sworn.

You remember Mr. Holland asking you about these glasses that were in the yard? - Yes, I acknowledged to have placed them there, the prisoner left them with me.

For what purpose? - He desired I would take care of them, and he would call for them.

- MIDDLETON sworn.

Identifies the pencils, having put the mark on them, which he does not for any body else.

PRISONER's DEFENCE.

I bought these things of one Wynne, who lived at the half moon in Smithfield.

Prisoner's Council. My Lord, Wynne is dead, but I shall call people to prove the transaction between the prisoner and him.

ELEANOR JONES sworn.

Was you servant to one Wynne in Smithfield? - Yes, I was.

How long was you servant to him? - About four years, he has been dead ever since last June; I did not leave the place till he was dead; his relations came and took away the things; I know the prisoner, I saw him at my master's apartment about two months before he died.

Had you any conversation with your master about the prisoner?

Court. That is not evidence.

Did he receive any thing from your master? - I believe he did.

Did you see him? - Yes, I have seen him receive things, but they were in bundles, I cannot say what they contained.

GUILTY .

Transported for seven years .

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

Reference Number: t17830910-121

715. ABRAHAM ISRAEL was indicted for feloniously stealing, on the 31st day of July last, one cloth coat, value 20 s. one cloth waistcoat, value 8 s. seven childrens linen frocks, value 21 s. one child's quilted linen cap, value 6 d. three child's linen shifts, value 3 s. two child's cotton shauls, value 2 s. one figured muslin shaul, value 2 s. and three cotton handkerchiefs, value 2 s. the property of John Rose .

JOHN ROSE sworn.

I live on Tower-hill ; I am a shop seller, and make clothes for seamen ; on the 31st of July last, I lost the things mentioned in the indictment, between ten and eleven o'clock in the evening, from a parlour at the back of my shop; I did not see them taken; I was gone out; the person that took them must get on the pallisadoes by the window to steal them; the things were found on the prisoner when he offered them for sale; I do not know him.

SAMUEL CAWDELL sworn.

I am a salesman and dealer in clothes; on Monday morning the 4th of August, the prisoner came to me and said I have a coat and waistcoat I will shew you; I am very particular in keeping their bags out of the shop when they come to shew goods, but he threw his bag into the shop and took out a coat and waistcoat; I had information from Mr. Rose, and I stopped the prisoner; I asked him no price at all; the prisoner said he gave thirty shillings for the coat and waistcoat, Mr. Rose came and owned the coat and waistcoat; I asked the prisoner if he had any thing else in his bag, and he said, only an handkerchief; I said it would be better to have a search warrant, where he said he had them from; he gave Mr. Rose two or three directions in Gravel-lane, Hounsditch; we turned the bag topsy turvy and found the remainder part of the things there; then he said he gave fifty shillings for the whole.

(The things deposed to.)

PRISONER's DEFENCE.

I bought the things in an honest way.

The Prisoner called two Witnesses who gave him a good character.

Mrs. Rose. My Lord, I believe from the construction of the window (though I was gone out out of the room a few minutes before) that it must be a more active man that could get up to the window, than this man can possibly be.

Court to Mrs. Rose. You do yourself a great deal of honour by saying that.

Mrs. Rose. In my own conscience I cannot suppose this man to be the thief, though we have lost the things.

NOT GUILTY .

Tried by the second Middlex Jury before Mr. Baron HOTHAM.

Reference Number: t17830910-122

716. REDMOND M'GRAH was indicted for feloniously stealing, on the 27th day of August last, one pair of linen sheets, value 5 s. the property of John Dowley .

JOHN DOWLEY sworn.

I live in Dyot-street, St. Giles's ; on the 27th of August last, I went into my own room and staid there some time, my wife came to tell me one of the places was robbed, I came out and found a pair of sheets gone, which I knew to be my property; they were brought to my house by Elizabeth Briggs the next day, I was informed that the prisoner at the bar was the person that took them, and I went and found him; and the man came very peaceably and quietly to justice.

ELIZABETH BRIGGS sworn.

(Produces the sheets which were deposed to by the prosecutor.)

About nine o'clock in the morning of the 27th of August, the prisoner knocked at my door and asked if the mistress of the house was within, my children said I was, he said, he had something to say to me, I went to the door and the prisoner stood at the door and asked me to buy a pair of sheets; I said, young man, come in; I suspected he had stole them; when I got him in I locked the door upon him, and myself and an old gentlewoman that lives with me; I said, he should be my prisoner, and he then confessed that he had broke into a room in Dyot-street and stole a pair of sheets; they were marked with the man's name at full length; there was a man waiting at the outside of the door; I asked him whether that man was a confederate with him or not, for I would insist upon it he should come in along with him; he said, the man knew nothing of the matter nor did not know what he had got; then I asked him if he knew the consequence of these things and what it would come to by and by, and that there were eight men to be executed, and whether it would not bring him to the same; he said, he hoped not, he never would do so again; but he made his escape from me through the back door; I went next day with Dowley and we found the prisoner in a cockloft.

PRISONER's DEFENCE.

I met a shipmate of mine, he had some sheets on his arm, and he asked me to take the sheets to this woman; he said he owed the woman some money and perhaps she might stop it; I thought at the time they were his own property, and it is very improbable that I who can both read and write should offer such sheets as them for sale, with the man's name and the street, the man was at the door till he knew I was apprehended, and then he run away: I told Briggs I was not guilty, and she said, then go along I shall not hurt you, go out the back way and make the best of your way.

Jury to Briggs. Did you know the man that stood at the door? - I never saw either of them.

Prisoner to Briggs. Did I never lodge in your house a night or two? - No.

Prisoner. You keep a very irregular bad house, and you know the other man.

GUILTY .

On the recommendation of the Prosecutor to be whipped and discharged .

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

Reference Number: t17830910-123

717. JOHN CONNOLLY was indicted for feloniously stealing, on the 8th day of August last, one pair of worstead stockings, value 2 s. the property of Robert Salter .

ELIZABETH SALTER . sworn.

I am wife of Robert Salter ; I lost a pair of worstead stockings on the 8th of August last, between two and three o'clock in the afternoon, the prisoner with two more men came to my shop and asked me to look at some silk handkerchiefs; I shewed him several, the prisoner said it was the other young man that wanted them, and asked to look at some worstead stockings; I shewed him some; I turned round to look for some more, and as I turned round I perceived the prisoner had put something into his coat pocket, but could not tell what; I then told the prisoner he had got something of

mine; he first took up another pair of stockings which he said he would have, and was going out of the shop; I told him he must not go; a gentleman that lodged with me came in, and the prisoner pulled out the stockings out of his pocket.

(The stockings deposed to.)

PRISONER's DEFENCE.

This evidence differs from what she said before the Justice, I went out with two young men to buy some things, we had been at different places and drank some liquors, and we happened unfortunately to go into this gentlewoman's shop, then she missed a handkerchief and found it, the stockings I still had in my hand, she told the Justice she did not see me put the stockings in my pocket.

GUILTY .

To be whipped and discharged .

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

Reference Number: t17830910-124

718. EDWARD ROBERTS , JOHN RACKSTRAW and CHARLES THOMPSON were indicted for feloniously assaulting Mathew Finch , on the King's highway, on the 9th of August last, and putting him in fear and danger of his life, and taking from his person and against his will, four shillings in monies numbered, the property of the said Mathew Finch .

MATHEW FINCH sworn.

I am a farmer , I live at Tottenham, I have nothing to lay to the charge of the prisoners, I never saw them in my life to my knowledge, till I saw them at Justice Wilmot's office, I was robbed that morning, but it was dark, and I could not see any body, I was robbed on the 9th of August about half after two, or within twenty minutes of three, I lost four shillings, the people asked me for my money, and I told them I had but a trifle, and I gave it to them.

Had they any arms? - I saw a little bit of a stick, nothing else, they never offered to hit me nor nothing, nor never swore at me, nor nothing at all, my man was a little before me, his name is Charles Jordan, he drove my team.

Could your man see when you was robbed? - I only said to the man when they came, halloo, what is the matter now, and he heard me.

How far was the team before you? - I fancy it might be about the value of two poles or thereabouts, a very little way.

CHARLES JORDAN sworn.

I know nothing further than when my master halloos out I goes behind, and I swore an oath, and I says, gentlemen what are you at, and the prisoner Roberts stepped off and said, if you make any more noise, I will cut you down directly.

Did you see him take any thing from your master? - No, Sir, he kept me off, I am sure Roberts was the man that stood over me, and I do not know any thing of either of the other prisoners.

Court. How long was the man over you! - The space of two minutes.

Did you see him long enough to know him again? - Yes, when he stood over me, the same as I may look you in the face.

Prisoner Roberts. My Lord, this man swore that I stopped him about twenty minutes before four, and he said it was a very dark morning, then he said he knew me by the buttons on my coat, and before he had sworn it was a very dark morning.

Court to Jordan. Did you say so? - It is very false my Lord, what he says, I never mentioned four o'clock, nor no such an hour.

Court to Finch. Do you remember that Jordan mentioned to the Justice that it was a very dark night? - I cannot remember that particular.

Do you remember that he said he could distinguish the buttons of the prisoner's coat? - Yes, my Lord, he said he knew the buttons, he said that was the man by the buttons of the coat.

Jordan. When I first watched these men, I watched to see whether they interrupted my master or not, they passed him, and I went after my horses, then I heard

my master halloo out, I ran back, says I halloo, what is the matter, and this Roberts came and said, if you say another word, I will cut you down directly.

PRISONER ROBERTS'S DEFENCE.

My Lord, here are three men that were present that know the words he swore, that it was about twenty minutes to four, and it was a dark night, and he could swear to the buttons of my coat; I have witnesses to bring to prove that I was at another place, I have witnesses both to my character, and in regard to my being elsewhere, I have proof to bring that I was at home in my bed at the time when this robbery is said to be committed.

JANE PINNERS sworn.

I know Roberts.

Where was he on the 9th of August? - He came home between ten and eleven.

What day was that? - It was on a Friday.

Prisoner. On Saturday.

Court. Let her tell her own story; it was on a Friday, however you know the day of the week? - Yes, I can positively say he came home between ten and eleven on the Friday night, he never was out of the house, to my knowledge, till Sunday night.

Could not he be out without your knowledge? - He could not, because I am left in care of the house, I am positive he was not out, nor had never slept out to my knowledge for six weeks.

ANNE CHEESEMAN sworn.

I lodge in the same house with the prisoner Roberts, I know him to be an honest hard working man.

Do you know any thing of this charge against him? - No, Sir, I was at his house a week, and he was at work every day all the week, particularly Friday and Saturday, the 9th and 10th of August.

Where was he? - At home, I sleep in the same room with Mr. and Mrs. Roberts.

Will you take upon you to say that he was in the room? - He was.

Who is this Mrs. Roberts? - She is a particular acquaintance of mine, she goes by his name.

Will you take upon yourself to say that he was at home on Friday night? - Yes, he came home on Friday night at eleven, and never was out of the house till Sunday at nine.

Prisoner. I have the woman that I live with as a husband, and behave to her as a husband, she will prove my being at home at the time.

(The Prisoner called six other witnesses who gave him a good character.)

EDWARD ROBERTS , JOHN RACKSHAW , CHARLES THOMPSON .

NOT GUILTY .

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

Reference Number: t17830910-125

719. RICHARD LINDUS was indicted for wilful and corrupt perjury committed by him on the 24th day of December last, in his testimony against one Thomas Brown , upon a complaint against him before the Commissioners of Excise .

Mr. Fielding. My Lord, and Gentlemen of the Jury, I have been looking over this indictment, and I think that there are flaws in it, which will render it needless to go into evidence; I shall therefore offer no evidence in support of it, and the prisoner will of course be

ACQUITTED.

Tried by the London Jury before Mr. DEPUTY RECORDER.

Reference Number: o17830910-1

MICHAEL GAFFNEY was indicted for returning from transportation, and being found at large, on the 31st of August last, without any lawful cause .

(The Record read as before.)

Court. This trial must be put of till the next sessions, there is a circumstance that may arise in this man's favour, therefore, I shall not wish to try him at present.

Reference Number: o17830910-2

674. JOHN POND was indicted for feloniously stealing on the 22d day of March last, two deal planks, value 8 s. three wooden locks, value 1 s. and part of the shaft of a cart, value 4 d. the property of William Berresford .

(There being an action depending in the Court of King's Bench, which is to be tried next term relative to these goods, the prisoner was admitted to bail to appear next December sessions.)

Reference Number: o17830910-3

The following prisoners who had been capitally convicted at former sessions were called to the bar and received his Majesty's gracious pardon on the annexed condition, viz.

Henry Bentum alias Fentum , Joseph Eades , Francis Nicholls , Thomas Nowland , Ann Randall , John Brown , and John Harris , on condition of being transported to America for fourteen years from the time of their respective respites.

Reference Number: o17830910-4

John Preston , James Cox , Charles Woollett , Thomas Barrett , Henry Marks , Hyam Levy , Robert Sideaway , Mary Walker , Henry Hurford , Thomas Growder , Henry Lavell , Michael Nowland , Abraham Goosey , and John Rogers , on condition of transportation to America for life.

Reference Number: o17830910-5

Benjamin Cantoser , Ann Davis , Elizabeth Barber , Elizabeth Rose , Thomas Joseph , James Thomas , Ann Taunton , William Hunt , Thomas Hinsell , William Smith , Margaret Hall , Ann Dean , William Phillimore , Mary otherwise Sarah Bond , Mary Dymock , George Clare , George Wood , Robert Forrester , Richard Macdale , Charles Allen , Thomas Arnold , John Deeson , Edward Parrott , William Chadborne , Thomas Ing , Benjamin Fentum , John Simfield , Ann Clarke , John Little , and Thomas Rogers , on condition of transportation to America for seven years from the time of their respective respites.

Reference Number: o17830910-6

William Harper , on condition of being kept to hard labour on the River Thames for three years, and Edward Edson , and William Spong for four years.

Reference Number: o17830910-7

James Thody otherwise Ives , James Thorpe , Barnard Manning Collins , and Thomas Hughes , each capitally convicted at a former sessions, received his Majesty's pardon, on condition of being transported to America for seven years.

Reference Number: o17830910-8

Thomas Richards , John Higginson , and Jacob Ringrose Atkins , each capitally condicted at a former sessions, received his Majesty's pardon, on condition of quitting this kingdom in fourteen days from the date thereof, and not to return again during their natural lives.

Reference Number: s17830910-1

The Trials being ended, the Court adjourned to the Saturday Morning following, and then proceeded to give judgement as follows.

Received sentence of death, 33.

(Which with William Marston Rothwell , on whom sentence of death was passed before, see part III, and twenty-four returned transports, on whom sentence of death was passed on the Tuesday night preceding, see part II, make 58 capital convicts in the whole, who received sentence of death this session) viz.

Joseph Scott , William M'Namara , John Francis , Joseph Abrahams , Peter Williams , Thomas Tanner , Mary Parry , William Sharman , John Burton , Thomas Duckston , otherwise Duckson, Mathew Daniel , Margaret Ann Smith , otherwise Gibbs, William Blunt , John Berryman , otherwise Bennyman, John Barker , William Glanville , Robert Stewart , Thomas Sutton , John Fuller , James Neale , otherwise John Nowland, Morgan Williams , John Pilkington , John Booker , otherwise Brooker, Robert Mott , John Anderson , Thomas Smith , John Starkey , John Wright , Ann Farmer , Elizabeth Jones , Andrew Roman , Thomas Limpus , and William Moore , (this last to be drawn on a hurdle to the place of execution.)

The several convicts were separately asked (as usual) what they had to say, why the court should not give them judgment to die according to law, when William M'Namara said, he could find no fault with the jury in bringing him in guilty, but wished to have another mode of punishment inflicted than that of publick execution, to save the credit of his family, but the Court ad- advised him not to entertain any such expectations. and John Booker , alias Brooker, said that he did not mean to impeach the verdict of the Jury, but only to inform the court, that although his prosecutor had positively sworn to him, and his horse, yet the man who actually committed the robbery, was then in the New Gaol in the Borough.

Silence being proclaimed, the Deputy Recorder addressed the several convicts in the following words.

You the several prisoners at the bar have been convicted of the offences charged in your indictments; it must give inexpressible concern to all who see or hear of so crouded a bar of criminals, to reflect that laws written in blood, and denoucing death against those who violate them, should in so many instances have lost their terror, and that after such frequent executions, and more frequent pardons, the exertions of publick justice, and of royal mercy should seem to be thrown away upon such bold offenders: The black catalogue of your crimes comprehend every species of fraud and violence, short of high treason against the King's person and government, and short of murder, which can disturb society or debase human nature: since the laws have found it necessary to place your crimes on the same footing with respect to your punishment, it would be useless to enquire how they stand with respect to your comparative guilt: you have unjustly abused the clemency of the law, and have incurred its punishment: you have not offended without notice or without example, and in defiance of the laws you have dared to draw down their vengeance upon you; whereas you ought to have reflected that opposition to the laws, instead of stopping their current serves only to increase their violence: under these circumstances I exhort you not to delay the important business of looking into yourselves, instead of into your comparative guilt, and endeavouring to obtain the pardon of the Almighty: I exhort you not to delay this business from any expectations of mercy, because it would ill become this Court to hold out to you the terms on which his Majesty thinks fit to extend his mercy, or to determine in cases peculiar to his own jurisdiction, where mercy

to the individual would be cruelty to the community. You will remember that your death is a passage from one life to another, from a temporary to an eternal existence, miserable or happy, as God in his justice or mercy shall be pleased to make it: you will therefore lose no time in endeavouring to impress yourselves with a just sense of your guilt, and to make that the basis of your contrition and repentance; you will consider that human tribunals can judge only from actions, but that you will shortly appear before the tribunal of one, who sees into and who will try you by the hidden motives of the heart: you will reflect that it is not those who call upon his name but those who cultivate in themselves sit dispositions to perform his will, that are likely to obtain his mercy: reflect therefore on the threatenings he has denounced against impenitent sinners and the promises he holds out to those are penitent. Nothing remains to the Court but to pronounce the dreadful sentence of the law; the sentence of the law is, and this Court doth award and adjudge, that you be respectively hanged by the necks until you are dead, and may God Almighty have mercy on your souls!

William Moore for coining silver, who stood behind the others, was then set forwards, when Mr. Deputy Recorder thus addressed him: You was in Court when the admonitions were given to you and the rest, and I trust you will receive those admonitions in the light they were meant, and that you will endeavour to avail yourself of the conduct there recommended; your offence is such a one as the law describes to be high treason, and that draws down therefore a severe punishment; you will consider it is an offence that not only strikes at the circulation of money, but from the species of coin in which you have been particularly employed, that it strikes at the bread of the poor, at the bread of thousands who depend on what they receive, being such as will procure for them the means of subsistence: The sentence of the law is, and this Court doth award and adjudge, that you be drawn upon a hurdle to the place of execution, and that you be there hanged by the neck until you are dead, and may God have mercy on your soul!

The following eighteen returned transports (being part of the twenty-four who received sentence of death upon the Tuesday preceeding) were then put to the bar, when his Majesty's pardon was read on the conditions after mentioned, which they severally accepted, and Mr. Deputy Recorder then addressed them in these words:

John Kellan otherwise John Herbert Keeling, Charles Keeling , William Blatherhorn , Nathaniel Collier , William Coombes , Andrew Dickson , Joseph Pentecross , George Nash , John White , Samuel Read , David Kilpack , Thomas Briant , John Birch , Richard Partridge , John Murphy , William Bradbury , Charles Wilson , and John Welch , you have severally been tried this session for returning from transportation within the terms that had been ordered by your sentences, and judgment of death upon your convictions has been pronounced upon you; there is too great reason to apprehend that you John Kellan otherwise John Herbert Keeling, and that you Charles Keeling , have had a very principal share in taking this vessel out of the hands of the Captain, in arising on him and the company, and in freeing yourselves and others; and though you appeared active afterwards, in endeavouring to protect the Captain from the violence of the crew, yet there is very great reason to apprehend that was done in order to colour purposes that perhaps would not have been carried into execution without your assistance and countenance; and you Charles Keeling in particular, by the effrontery and boldness you displayed at the time sentence of death was pronounced upon you, gave the Court too much reason to think that you are a very hardened offender: The King however has thought fit to extend his mercy to you and the rest, (excepting John Murphy ) upon condition of your being severally transported to America for the term of your natural lives, and that John Murphy shall be transported to America

for the term of seven years: You have been called to the bar and have accepted his Majesty's gracious pardon on these conditions: The sentence therefore of the Court is, that you John Murphy be transported for seven years, and that you, the several other prisoners at the bar, be transported to some of his Majesty's Colonies in America for the term of your natural lives; and it is necessary; peculiarly necessary in your cases, who have endeavoured to elude, so daringly to elude the sentence of the law, to inform you, that if you are found at large within this kingdom of Great Britain, you will shut out every expectation of receiving any more his Majesty's mercy.

The following Prisoners tried this session also received sentence of transportation, viz.

Transported for fourteen years. 1.

Frances Heart .

Transported for seven years. 23.

James Wallbourn , John Brown , Thomas Cooke , Martin Palmer , Joseph Crowder , Robert Haslem , Thomas Compton otherwise Coleman, Sarah Gaffe , George Liske , Joshua Harper , Elizabeth Dudgeon , Susanah Garth , Elizabeth Spencer , Ann Pantoni , Hannah Green , Richard Davis , George Wilkinson , Peter Bourne , William Briant , Thomas Popplewell , John Owen , James Mackey , and Michael Mackanally .

To be fined 1 s. and imprisoned twelve months in Newgate. 4.

Thomas Carter , Mary Child , Elizabeth Smith , Sophia Clarke .

To be fined 1 s. and imprisoned three months in Newgate. 3.

William Russell , Sarah Halsey , Thomas Smith , ( He is to be publickly whipped.)

To be publickly whipped and imprisoned for one calendar month in Newgate. 4.

Thomas Smith , Samuel Abrahams , William Lawton , William Winter .

To be confined to hard labour six months in the house of correction. 2.

John Allen , (he is to be publickly whipped) Margaret Carter .

To be publickly whipped. 8.

Major Partridge , Thomas Joy , Thomas Day , Thomas Redboth , Samuel Rowley , John Connolly , William Lawrence , Redmond M'Gray .

Reference Number: s17830910-1

The following prisoners who had been capitally convicted at former sessions were called to the bar and received his Majesty's gracious pardon on the annexed condition, viz.

Henry Bentum alias Fentum , Joseph Eades , Francis Nicholls , Thomas Nowland , Ann Randall , John Brown , and John Harris , on condition of being transported to America for fourteen years from the time of their respective respites.

Reference Number: s17830910-1

John Preston , James Cox , Charles Woollett , Thomas Barrett , Henry Marks , Hyam Levy , Robert Sideaway , Mary Walker , Henry Hurford , Thomas Growder , Henry Lavell , Michael Nowland , Abraham Goosey , and John Rogers , on condition of transportation to America for life.

Reference Number: s17830910-1

Benjamin Cantoser , Ann Davis , Elizabeth Barber , Elizabeth Rose , Thomas Joseph , James Thomas , Ann Taunton , William Hunt , Thomas Hinsell , William Smith , Margaret Hall , Ann Dean , William Phillimore , Mary otherwise Sarah Bond , Mary Dymock , George Clare , George Wood , Robert Forrester , Richard Macdale , Charles Allen , Thomas Arnold , John Deeson , Edward Parrott , William Chadborne , Thomas Ing , Benjamin Fentum , John Simfield , Ann Clarke , John Little , and Thomas Rogers , on condition of transportation to America for seven years from the time of their respective respites.

Reference Number: s17830910-1

William Harper , on condition of being kept to hard labour on the River Thames for three years, and Edward Edson , and William Spong for four years.

John Jones , John Whisker , and John Perry , sentenced as former sessions to be transported to the East Indies for the seven years, were brought to the bar, and it was offered to them to have their sentence changed to transportation to America for the remainder of the term, from the date of their sentences, which Jones and Whitaker refused and Parry accepted.

John Stockton , and John Martin , sentenced at a former sessions to be transported to Africa for seven years, were brought to the bar, and it was offered to them to have their sentence changed to transportation to America for the remainder of the said term; which they refused, and said they chose to remain on their former sentences.

Peter Airey sentenced to Africa for life, was also offered the same exchange of place, which he also refused, and said he would rather go to Africa.

John Doughty , John Groome , William Wilde and Henry Barnet , sentenced to be transported to Africa, were asked the same question, and each replied No.

Reference Number: s17830910-1

James Thody otherwise Ives , James Thorpe , Barnard Manning Collins , and Thomas Hughes , each capitally convicted at a former sessions, received his Majesty's pardon, on condition of being transported to America for seven years.

Reference Number: s17830910-1

Thomas Richards , John Higginson , and Jacob Ringrose Atkins , each capitally condicted at a former sessions, received his Majesty's pardon, on condition of quitting this kingdom in fourteen days from the date thereof, and not to return again during their natural lives.

John Tasker , John Best , Joseph Smith , Charlottes Tucker, John Newman , and John Smith , to remain until next sessions.

Reference Number: a17830910-1

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

Reference Number: a17830910-2

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.

Reference Number: a17830910-3

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: a17830910-4

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: a17830910-5

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: a17830910-6

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.

Reference Number: a17830910-7

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.

Reference Number: a17830910-8

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.

This Day is Published, Price only Half a Crown, 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. Although this Book, which contains an Explanatory Copper-plate is a sufficient Instructor of itself, yet if any Doubts should arise, they shall be removed on Application to the Author without any additional Expence.

Short-hand taught at Home and Abroad in FOUR LESSONS, if required.

The Trial of LIEUTENANT COLONEL COCKBURNE, at the Horse Guards, for the loss of St. Eustatius, Price 3 s. published from Mr. Hodgson's Short Hand Notes.


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